Cross references: Advertising vehicles with sound-amplifying devices, § 16-82.
(a)
In order
to control unnecessary, excessive and annoying sounds emanating from
incorporated areas of the city, it is hereby declared to be the policy
of the city to prohibit such sounds generated from all sources as
specified in this chapter.
(b)
It is
determined that certain noise levels are detrimental to the public
health, welfare and safety and contrary to public interest; therefore,
the city council does ordain and declare that creating, maintaining,
causing or allowing to create, maintain or cause any noise in a manner
prohibited by or not in conformity with the provisions of this chapter,
is a public nuisance and shall be punishable as such.
(Ord. No. 563, § 1, 2-23-76)
The following words, phrases and terms as used in this chapter
shall have the meaning as indicated below:
shall mean the all-encompassing noise level associated with
a given environment, being a composite of sounds from all sources,
excluding the alleged offensive noise, at the location and approximate
time at which a comparison with the alleged offensive noise is to
be made.
shall mean an additive period of time composed of individual
time segments which may be continuous or interrupted.
shall mean a unit which denotes the ratio between two quantities
which are proportional to power: The number of decibels corresponding
to the ratio of two amounts of power is 10 times the logarithm to
the base 10 of this ratio.
shall mean a single unit providing complete, independent
living facilities for one or more persons including permanent provisions
for living, sleeping, eating, cooking and sanitation.
shall mean any machinery, vehicle or work used, employed
or performed in an effort to protect, provide or restore safe conditions
in the community or for the citizenry, or work by private or public
utilities when restoring utility service.
shall mean a stationary device which creates sounds while
fixed or motionless including but not limited to industrial and commercial
machinery and equipment, pumps, fans, compressors, generators, air
conditioners and refrigeration equipment.
shall mean any excavating or filling of earth material, or
any combination thereof, conducted at a site to prepare said site
for construction or other improvements thereon.
shall mean the noise produced by the collision of one mass
in motion with a second mass which may be either in motion or at rest.
shall mean any noise source other than a fixed noise source.
shall mean the "A" weighted sound pressure level in decibels
obtained by using a sound level meter at slow response with a reference
pressure of 20 microNewtons per square meter. The unit of measurement
shall be designated at dB(A).
shall mean an administrative board of five members appointed by the board of supervisors of the County of Orange, per Title 4, Division 6, Article 1 of the Codified Ordinances of the County of Orange.
shall mean a person, firm, association, copartnership, joint
venture, corporation or any entity, public or private in nature.
shall mean a parcel of real property which is developed and
used either in part or in whole for residential purposes, other than
transient uses such as hotels and motels.
shall mean a noise characterized by a predominant frequency
or frequencies so that other frequencies cannot be readily distinguished.
shall mean an instrument meeting American National Standard
Institute's Standard S1.4-1971 for Type 1 or Type 2 sound level meters
or an instrument and the associated recording and analyzing equipment
which will provide equivalent data.
of a sound, in decibels, shall mean 20 times the logarithm
to the base 10 of the ratio of the pressure of the sound to a reference
pressure, which reference pressure shall be explicitly stated.
(Ord. No. 563, § 1, 2-23-76)
Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in section 13-65.
(Ord. No. 563, § 1, 2-23-76)
The residential properties hereinafter described are hereby
assigned to the following noise zones:
Noise Zone 1: All residential properties zoned RS-15000 or RS-6000.
Noise Zone 2: All residential property not in Noise Zone 1.
(Ord. No. 563, § 1, 2-23-76)
(a)
The
following noise standards, unless otherwise specifically indicated,
shall apply to all residential property within a designated noise
zone.
|
NOISE STANDARDS
| ||
|---|---|---|
|
Noise Zone
|
Noise Level
|
Time Period
|
|
1
|
55 dB(A)
|
7:00 a.m.—10:00 p.m.
|
|
50 dB(A)
|
10:00 p.m.—7:00 a.m.
| |
|
2
|
60 dB(A)
|
7:00 a.m.—10:00 p.m.
|
|
55 dB(A)
|
10:00 p.m.—7:00 a.m.
| |
In the event the alleged offensive noise consists of
impact noise, simple tone noise, speech, music, or any combination
thereof, each of the above noise levels shall be reduced by five dB(A).
(b)
It shall
be unlawful for any person at any location within the incorporated
area of the city to create any noise, or to allow the creation of
any noise on property owned, leased, occupied or otherwise controlled
by such person, when the foregoing causes the noise level, when measured
on any other residential property, either incorporated or unincorporated,
to exceed:
(1)
The
noise standard for a cumulative period of more than 30 minutes in
any hour; or
(2)
The
noise standard plus five dB(A) for a cumulative period of more than
15 minutes in any hour; or
(3)
The
noise standard plus 10 dB(A) for a cumulative period of more than
five minutes in any hour; or
(4)
The
noise standard plus 15 dB(A) for a cumulative period of more than
one minute in any hour; or
(5)
The
noise standard plus 20 dB(A) for any period of time.
(c)
In the
event the ambient noise level exceeds any of the first four noise
limit categories above, the cumulative period applicable to said category
shall be increased to reflect said ambient noise level. In the event
the ambient noise level exceeds the fifth noise limit category, the
maximum allowable noise level under said category shall be increased
to reflect the maximum ambient noise level.
(Ord. No. 563, § 1, 2-23-76)
(a)
The
following interior noise standards, unless otherwise specifically
indicated, shall apply to all residential property within a designated
noise zone:
|
INTERIOR NOISE STANDARDS
| ||
|---|---|---|
|
Noise Zone
|
Noise Level
|
Time Period
|
|
1 and 2
|
55 dB(A)
|
7:00 a.m.—10:00 p.m.
|
|
45 dB(A)
|
10:00 p.m.—7:00 a.m.
| |
In the event the alleged offensive noise consists of
impact noise, simple tone noise, speech, music, or any combination
thereof, each of the above noise levels shall be reduced by five dB(A).
(b)
It shall
be unlawful for any person at any location within the incorporated
area of the city to create any noise, or to allow the creation of
any noise on property owned, leased, occupied or otherwise controlled
by such person, when the foregoing causes the noise level when measured
within any other dwelling unit on any residential property, either
incorporated or unincorporated, to exceed:
(c)
In the
event the ambient noise level exceeds either of the first two noise
limit categories above, the cumulative period applicable to said category
shall be increased to reflect said ambient noise level. In the event
the ambient noise level exceeds the third noise limit category, the
maximum allowable noise level under said category shall be increased
to reflect the maximum ambient noise level.
(Ord. No. 563, § 1, 2-23-76)
The following activities shall be exempted from the provisions
of this chapter:
(a)
Authorized
activities conducted on the grounds of any public or private nursery,
elementary, intermediate or secondary school or college.
(b)
Reserved.
(c)
Activities
conducted on any park, playground, or street, provided such park,
playground, or street, is owned and operated by a public entity.
(d)
Any
mechanical device, apparatus or equipment used, related to or connected
with emergency machinery, vehicle or work.
(e)
Noise
sources associated with construction, repair, remodeling or grading
of any real property, provided said activities do not take place between
the hours of 8:00 p.m. and 7:00 a.m. on weekdays, before 9:00 a.m.
and after 8:00 p.m. on Saturday, or at any time on Sunday or a federal
holiday.
(f)
All
mechanical devices, apparatus or equipment which are utilized for
the protection or salvage of agricultural crops during periods of
potential or actual frost damage or other adverse weather conditions.
(g)
Mobile
noise sources associated with agricultural operations provided such
operations do not take place between the hours of 8:00 p.m. and 7:00
a.m. on weekdays, including Saturday, or at any time on Sunday or
a federal holiday.
(h)
Mobile
noise sources associated with agricultural pest control through pesticide
application provided that the application is made in accordance with
restricted material permits issued by or regulations enforced by the
agricultural commissioner.
(i)
Noise
sources, excepting leaf blowers as defined in section 13-72.1(a) of
this Code, associated with the maintenance of real property provided
said activities take place between the hours of 7:00 a.m. and 8:00
p.m. on any day except Saturday, Sunday or federal holiday, or between
the hours of 8:00 a.m. and 8:00 p.m. on Saturday, Sunday or federal
holiday.
(j)
Any
activity to the extent regulation thereof has been preempted by state
or federal law.
(Ord. No. 563, § 1, 2-23-76; Ord. No. 854, § 4, 8-27-90; Ord. No. 856, § 2, 10-29-90; Ord. No. 994, §§ 1,
2, 9-27-99; Ord. No. 1137, § 1, 10-28-13)
It shall be unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the same is in use, to exceed the noise limits as specified in section 13-68 prescribed for the assigned noise zone in which the school, hospital or church is located, or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital, provided conspicuous signs are displayed in three separate locations within 0.1 of a mile of the institution indicating the presence of a school, church or hospital.
(Ord. No. 563, § 1, 2-23-76)
Until September 15, 1978, the noise standards enumerated in sections 13-68 and 13-69 shall be increased eight dB(A) where the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of this article.
(Ord. No. 563, § 1, 2-23-76)
As used in this section, the following terms shall have meanings
as set forth below:
means any machine however powered used to blow leaves, dirt
and other debris off sidewalks, driveways, lawns and other surfaces.
means an area of real property with a separate or distinct
number or other designation shown on a plat recorded in the office
of the county recorder. Contiguous parcels owned by the same individual
or entity shall be considered one parcel for purposes of this section.
(Ord. No. 856, § 1, 10-29-90)
It shall be unlawful for any person within a residential zone
or within 200 feet of a residential zone to operate any type of leaf
blower within the city except under the following restrictions:
(a)
Time restriction: Notwithstanding section 13-70(i), leaf blowers shall not be operated except between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturday;
(b)
Distance
restriction: Leaf blowers shall not be operated within a horizontal
distance of 10 feet of any operable window, door, or mechanical air
intake opening or duct;
(c)
Duration
of use restriction: Leaf blowers shall not be operated for more than
15 minutes per hour on parcels less than one-half acre and no more
than 30 minutes per hour on parcels greater than one-half acre.
(d)
Number
restriction: No person shall operate more than one leaf blower per
parcel.
(Ord. No. 856, § 1, 10-29-90)
It shall be unlawful for any person to use or operate any leaf
blower in such a manner as to blow, dispel, or make airborne, dust,
leaves, grass cuttings, paper, trash, or any other type of unattached
debris or material which by its use will cause said dust, leaves,
grass cuttings, paper, trash, or any other type of unattached debris
or material to become airborne or travel beyond the parcel boundaries
in which it is being used to adjoining properties. It shall be unlawful
for any person to use or operate any leaf blower within the city in
such a way as to blow leaves, dirt, and other debris onto the public
rights-of-way and to allow the material to remain there for more than
15 minutes.
(Ord. No. 856, § 1, 10-29-90)
The following are exempted from the operation of this section.
(a)
Any
publicly owned properties, including but not limited to public schools,
parks, fire stations, etc.
(b)
Privately
owned schools.
(Ord. No. 856, § 1, 10-29-90)
Any person violating any of the provisions of sections 13-72.1 through 13-72.4 is deemed an infraction and upon conviction thereof, shall be fined in an amount not exceeding $50. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(Ord. No. 856, § 1, 10-29-90)
As an additional remedy, the operation of any leaf blower in violation of any provision of sections 13-72.1 through 13-72.4 which operation causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area, shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
Any violation of sections 13-72.1 through 72.4 is declared to be a public nuisance and may be abated in accordance with law. The expense of such abatement may be by resolution of the city council declared to be a lien against the property in which such nuisances are maintained, and such lien shall be made a personal obligation of the property owner.
(Ord. No. 856, § 1, 10-29-90)
The location selected for measuring exterior noise levels shall
be at any point on the affected property. Interior noise measurements
shall be made within the affected dwelling unit. The measurement shall
be made at a point at least four feet from the wall, ceiling or floor
nearest the alleged offensive noise source and may be made with the
windows of the affected unit open.
(Ord. No. 563, § 1, 2-23-76)
(a)
The
Orange County Health Officer and his duly authorized representatives
are directed to enforce the provisions of this chapter. The Orange
County Health Officer and his duly authorized representatives are
authorized, pursuant to Penal Code Section 836.5, to arrest any person
without a warrant when they have reasonable cause to believe that
such person has committed a misdemeanor in their presence.
(b)
No person
shall interfere with, oppose or resist any authorized person charged
with enforcement of this chapter while such person is engaged in the
performance of his duty.
(Ord. No. 563, § 1, 2-23-76)
(a)
The
owner or operator of a noise source which violates any of the provisions
of this chapter may file an application with the community development
department for a variance from the provisions thereof wherein said
owner or operator shall set forth all actions taken to comply with
said provisions, the reasons why immediate compliance cannot be achieved,
a proposed method of achieving compliance, and a proposed time schedule
for its accomplishment. Said application shall be accompanied by a
fee in the amount prescribed by the master fee schedule, which may
be updated by resolution from time to time. A separate application
shall be filed for each noise source; provided, however, that several
mobile sources under common ownership, or several fixed sources on
a single property may be combined into one application. Upon receipt
of said application and fee, the community development department
shall refer it with his recommendation thereon within 30 days to the
noise variance board for action thereon in accordance with the provisions
of this chapter.
(b)
An applicant
for a variance shall remain subject to prosecution under the terms
of this article until a variance is granted.
(Ord. No. 563, § 1, 2-23-76; Ord. No. 1103, § 11, 10-27-08)
The noise variance board shall evaluate all applications for
variance from the requirements of this chapter and may grant said
variances with respect to time for compliance, subject to such terms,
conditions and requirements as it may deem reasonable to achieve maximum
compliance with the provisions of this chapter. Said terms, conditions
and requirements may include, but shall not be limited to limitations
on noise levels and operating hours. Each such variance shall set
forth in detail the approved method of achieving maximum compliance
and a time schedule for its accomplishment. In its determinations,
said board shall consider the magnitude of nuisance caused by the
offensive noise; the uses of property within the area of impingement
by the noise; the time factors related to study, design, financing
and construction of remedial work; the eco-nomic factors related to
age and useful life of equipment; and the general public interest
and welfare. Any variance granted by said board shall be by resolution
and shall be transmitted to the health officer for enforcement. Any
violation of the terms of said variance shall be unlawful.
(Ord. No. 563, § 1, 2-23-76)
(a)
Within
15 days following the decision of the variance board on an application,
the applicant, the health officer, or any member of the city council,
may appeal the decision to the city council by filing a notice of
appeal with the secretary of the variance board. In the case of an
appeal by the applicant for a variance, the notice of appeal shall
be accompanied by a fee to be computed by the secretary on the basis
of the estimated cost of preparing the materials required to be forwarded
to the city council as discussed hereafter. If the actual cost of
such preparation differs from the estimated cost, appropriate payments
shall be made either to or by the secretary.
(b)
Within
15 days following receipt of a notice of appeal and the appeal fee,
the secretary of the variance board shall forward to the city council
copies of the application for variance; the recommendation of the
health officer; the notice of appeal; all evidence concerning said
application received by the variance board and its decision thereon.
In addition, any person may file with the city council written arguments
supporting or attacking said decision and the city council may in
its discretion hear oral arguments thereon. The city clerk shall mail
to the applicant a notice of the date set for hearing of the appeal.
The notice shall be mailed at least 10 days prior to the hearing date.
(c)
Within 60 days following its receipt of the notice of the appeal, the city council shall either affirm, modify or reverse the decision of the variance board. Such decision shall be based upon the city council's evaluation of the matters submitted to the city council in light of the powers conferred on the variance board and the factors to be considered, both as enumerated in sections 13-75 and 13-76.
(d)
As part
of its decision, the council may direct the variance board to conduct
further proceedings on said application. Failure of the city council
to affirm, modify or reverse the decision of the variance board within
said 60 day period shall constitute an affirmance of the decision.
(Ord. No. 563, § 1, 2-23-76)
Any person violating any of the provisions of this chapter shall
be deemed guilty of a misdemeanor. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such. The provisions of this chapter shall not be
construed as permitting conduct not prescribed herein and shall not
affect the enforceability of any other applicable provisions of law.
(Ord. No. 563, § 1, 2-23-76)
