(a)
The city council of the City of Escondido finds and declares that:
(1)
Inadequately controlled noise presents a growing danger to the health
and welfare of the residents of the City of Escondido;
(2)
The making and creating of disturbing, excessive, offensive or unusually
loud noises within the jurisdictional limits of the City of Escondido
is a condition which has persisted and the level and frequency of
occurrence of such noises continue to increase;
(3)
The making, creation or continuance of such excessive noises which
are prolonged or unusual in their time, place and use effect and are
a detriment to the public health, comfort, convenience, safety, welfare
and prosperity of the residents of the City of Escondido;
(4)
Every person is entitled to an environment in which the noise is
not detrimental to his or her life, health and enjoyment of property;
and
(5)
The necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted is declared to be a matter of legislative
determination and public policy and it is further declared that the
provisions and prohibitions hereinafter contained and enacted are
in the pursuance of and for the purpose of securing and promoting
the public health, comfort, convenience, safety, welfare, prosperity,
peace and quiet of the City of Escondido and its inhabitants.
(b)
As criteria for this article, Table 17-226A is a chart showing sound
levels and their expected impact in terms of human response. Table
17-226B is a list of National Goals for Noise Reduction as set forth
by the U.S. Environmental Protection Agency in their publication "Toward
a National Strategy for Noise Control," April 1977.
(c)
This article shall apply to all areas within the municipal limits
of the City of Escondido, including public parks, unless otherwise
provided.
|
Table 17-226A
Sound Levels and Human Response
| ||
|---|---|---|
|
Common Sounds
|
Noise Level (dB)
|
Effect
|
|
Carrier deck
|
140
|
Painfully loud
|
|
Jet operation
|
|
|
|
Air raid siren
|
|
|
|
Jet takeoff (200 feet)
|
|
|
|
Thunderclap
|
|
|
|
Discotheque
|
120
|
Maximum vocal effort
|
|
Auto horn (3 feet)
|
|
|
|
Pile drivers
|
110
|
|
|
Chain saw
|
|
|
|
Garbage truck
|
100
|
|
|
Power lawn mower (4 feet)
|
|
|
|
Heavy truck (50 feet)
|
90
|
Very annoying
|
|
City traffic
|
|
Hearing damage (8 hours)
|
|
Alarm clock (2 feet)
|
80
|
Annoying
|
|
Hair dryer
|
|
|
|
Vacuum cleaner (5 feet)
|
|
|
|
Noisy restaurant/freeway traffic
|
70
|
Telephone use difficult
|
|
Air conditioning unit (20 feet)
|
60
|
Intrusive
|
|
Light auto traffic (100 feet)
|
50
|
Quiet
|
|
Living room
|
40
|
|
|
Bedroom
|
|
|
|
Quiet office
|
|
|
|
Library
|
30
|
Very quiet
|
|
Soft whisper (15 feet)
|
|
|
|
Broadcasting studio
|
20
|
|
|
10
|
Just audible
| |
|
0
|
Hearing begins
| |
|
This decibel (dB) table compares some common sounds and shows
how they rank in potential harm to hearing. Note that 70 dB is the
point at which noise begins to harm hearing, that 60 dB is the threshold
of stress response, and 45 dB disturbs sleep. To the ear, each 10
dB seems twice as loud.
| ||
|
Table 17-226B
List of National Goals for Noise Reduction
| |
|---|---|
|
A.
|
To take all practical steps to eliminate hearing loss from noise
exposure;
|
|
B.
|
To reduce environmental noise exposure to an Ldn value of no
more than 75 dB immediately;
|
|
C.
|
To reduce noise exposure levels to Ldn 65 dB by vigorous regulatory
and planning actions;
|
|
D.
|
To strive for an eventual reduction of noise levels to an Ldn
of 55 dB.
|
(Ord. No. 90-8, § 2, 3-28-90)
Whenever the following words and phrases are used in this article,
unless otherwise defined herein, they shall have the meaning ascribed
to them in this section:
means the composite noise from all sources near and far.
In this context, the ambient noise level constitutes a normal or existing
level of environmental noise at a given location and time.
means the sound level in decibels as measured on a sound
level meter using the A-weighting network. The level so read is designated
db(A) or dBA.
means a sound level typical of the sound levels at a certain
place during a given period of time, averaged by the general rule
of combination for sound levels, said general rule being set forth
in American National Standard Specifications for Sound Level Meters
SI.4-1971. Average sound level is also called equivalent continuous
sound level (Leq).
means and includes the use, operation or maintenance of any
sound amplifying equipment for the purpose of advertising any business,
or any goods, or any services, or for the purpose of attracting the
attention of the public to or advertising for, or soliciting patronage
or customers to or for any performance, show, entertainment, exhibition
or event, or for the purpose of demonstrating such sound equipment.
means any site preparation, assembly, substantial repair,
demolition, alteration or similar action, for or of public or private
rights-of-way, structures, utilities or similar property or similar
activity upon public or private structures or land.
means any tools, machinery or equipment used in connection
with construction operations including all types of "special construction"
equipment as defined in the pertinent sections of the California Vehicle
Code when used in the construction process or any construction site,
regardless of whether such construction site be located on-highway
or off-highway.
shall mean any receptacle, regardless of contents, manufactured
from wood, metal, plastic, paper or any other material including but
not limited to any barrel, basket, box, crate, tub, bottle, can or
refuse container.
means sound which is of a steady and uninterrupted nature
of a specified time period.
For the purposes of this article, the minimum time period
shall be one hour.
means an additive period of time composed of individual time
segments which may be continuous or interrupted.
means a unit for measuring the amplitude of sound, equal
to 20 times the logarithm to the base 10 of the ratio of the pressure
of the sound measured to the reference pressure, which is (twenty)
20 micro-Pascals.
means:
means work made necessary to restore property to safe condition
following a public calamity or work required to protect persons or
property from imminent exposure to danger or work by public or private
utilities when restoring utility service.
means the city employee and/or police officer having lead
responsibility for enforcing this article; and, the city employee
having responsibility for making noise surveys, noise analyses, noise
investigations and for the administration of this article.
(see "Noise disturbance—environmental").
means a stationary device which creates sounds while fixed
or motionless, including but not limited to residential, agricultural,
industrial and commercial machinery and equipment, pumps, fans, compressors,
air conditioners, refrigeration equipment and cyclone blowers.
means sound of short duration, usually less than one second,
with an abrupt onset and rapid decay. Examples of sources of impulsive
sound include explosions, drop forge impacts and the discharge of
firearms.
means sound which is not continuous or which is of a cyclic
or repetitive nature.
means that noise which intrudes over and above the existing
ambient noise at a given location. The relative intrusiveness of a
sound depends upon its amplitude, duration, frequency and time of
occurrence, and tonal or informational content as well as the prevailing
ambient noise level.
means any noise source other than a fixed noise source.
shall mean any and all self-propelled vehicles as defined
in the California Vehicle Code and shall specifically include, but
not be limited to, "mini-bikes" and "go-carts."
means a building or portions therefor designed for or used
exclusively for residence purposes by three or more families or housekeeping
units, living independently of one another.
means any noise exceeding the noise level limits for a designated
receiving land use category specified in Table 17-226B of this article
shall be deemed to be a noise disturbance.
Noise Disturbance—Environmental. Those noise disturbances
resulting from land use activity normally permitted under the land
use code, but which exceed the noise level limits set by this code
for that particular land use. Environmental noise sources are specified
in, but not limited by the list in Appendix 17-A, set out at the end
of this article.
Noise Disturbance—Nuisance. Those noise disturbances,
other than environmental noise disturbances, which because of their
unusual presence are considered harmful to health and well-being,
annoying, obnoxious and unpleasant. Nuisance noise disturbances are
specified in, but not limited to, the examples in Appendix 17-A, set
out at the end of this article.
means "sound level" and the terms may be used interchangeably
herein.
means any area designated by the planning commission for
the purpose of ensuring exceptional quiet.
means the use, operation or maintenance of any sound equipment
for other than a "commercial purpose." Noncommercial purpose means
and includes, but shall not be limited to, philanthropic, political,
patriotic and charitable purposes.
means a person, firm, association, copartnership, joint venture,
corporation or any entity, public or private.
means, but shall not be limited to airborne, waterborne or
landborne vehicles such as model airplanes, model boats and model
vehicles of any type or size which are not designed for carrying persons
or property and which can be propelled in any form other than manpower
or windpower.
means any sound which can be judged as audible as a single
pitch or a set of single pitches by the enforcement officer or police
officer.
means any machine or device, mobile or stationary used to
amplify music, the human voice, or any sound.
means the weighted sound pressure level obtained by the use
of a sound level meter and frequency weighting network as specified
in American National Standards Institute specifications for sound
level meters (ANSI SI.4-1971, or the latest revision thereof). If
the frequency weighting employed is not indicated, the A-weighting
is implied.
means an instrument, including a microphone, an amplifier,
readout and frequency weighting networks for the measurement of sound
levels, which meets or exceeds the requirements pertinent for type
S2A meters in the American National Standards Institute Specifications
for Sound Level Meters, SI.4-1971 or the latest revision thereof.
means any motor vehicle or other vehicle regardless of motive
power whether in motion or stationary having mounted thereon, built-in
or attached thereto any sound amplifying equipment other than a car
radio or television.
means the minimum ground-borne or structure-borne vibrational
motion necessary to cause a normal person to be aware of the vibration
by such direct means as, but not limited to, sensation by touch or
visual observation of moving objects. The perception threshold shall
be presumed to be a motion velocity of 0.01 in/sec over the range
of 1 to 100 Hz.
means any boat, ship, barge, craft or floating thing designed
for navigation in the water which is propelled by machinery, whether
or not such machinery is the principal source of propulsion, but shall
not include a vessel possessing a valid marine document issued by
the United States Bureau of Customs or any federal agency successor
thereto.
|
Supplementary definitions of technical terms. Definitions of
technical terms not defined herein shall be obtained from the American
National Standard, "Acoustical Terminology" SI.1-1961 (R-1971) or
the latest revision thereof.
|
(Ord. No. 90-8, § 2, 3-28-90)
(a)
Any sound or noise measurement made pursuant to the provisions of
this article shall be measured with a sound level meter using the
A-weighting and "slow" response pursuant to applicable manufacturer's
instructions.
(b)
The sound level meter shall be appropriately calibrated and adjusted
as necessary by means of an acoustical calibrator of the coupler-type
to assure meter accuracy within the tolerances set forth in American
National Standards ANSI-SI.4-1971.
(c)
For outside measurements, the microphone shall be not less than four
feet above the ground, at least four feet distant from walls or other
large reflecting surfaces and shall be protected from the effects
of wind noises by the use of appropriate wind screens and the location
selected shall be at any point on the affected property. In cases
when the microphone must be located within 10 feet of walls or similar
large reflecting surfaces, the actual measured distances and orientation
of sources, microphone and reflecting surfaces shall be noted and
recorded. In no case shall a noise measurement be taken within five
feet of the noise source.
(d)
For inside measurements, the microphone shall be at least three feet
distant from any wall, ceiling or partition, and the average measurement
of at least three microphone positions throughout the room shall be
determined.
(Ord. No. 90-8, § 2, 3-28-90)
(a)
Unless a variance has been applied for and granted pursuant to this
article, it shall be unlawful for any person to cause or allow the
creation of any noise to the extent that the one-hour average sound
level, at any point on or beyond the boundaries of the property on
which the sound is produced, exceeds the applicable limits set forth
in the following table, except that construction noise level limits
shall be governed by Section 17-234 of this article.
|
TABLE 17-229
| ||
|---|---|---|
|
Zone
|
Time
|
Applicable Limit One-hour Average Sound Level (Decibels)
|
|
Residential zones
|
7 a.m. to 10 p.m.
|
50
|
|
10 p.m. to 7 a.m.
|
45
| |
|
Multi-residential zones
|
7 a.m. to 10 p.m.
|
55
|
|
10 p.m. to 7 a.m.
|
50
| |
|
Commercial zones
|
7 a.m. to 10 p.m.
|
60
|
|
10 p.m. to 7 a.m.
|
55
| |
|
Light industrial/
|
Anytime
|
70*
|
|
Industrial park zones
|
|
|
|
General industrial zones
|
Anytime
|
75*
|
|
Notes:
| |
|---|---|
|
*
|
Subject to provisions of Section 17-229 (c)(5).
|
(b)
Maximum Permissible Sound Levels by Receiving Land Use.
(1)
The noise standards for the various categories of land use as presented
in subsection (a) of this section shall, unless otherwise specifically
indicated, apply to each property or portion of property substantially
used for a particular type of land use reasonably similar to the land
use types shown in subsection (a) of this section. Where two or more
dissimilar land uses occur on a single property, the more restrictive
noise limits shall apply.
(2)
Additional land use classifications may be added by action of the
city council to reflect both lower and higher existing ambient levels
than those shown.
(3)
Where doubt exists when making identification of receiving land use,
the city manager shall make an interpretation.
(4)
No person shall operate or cause to be operated, any source of sound
at any location within the city or allow the creation of any noise
on property owned, leased, occupied or otherwise controlled by such
person, which causes the noise level to exceed the environmental and/or
nuisance interpretation of the applicable limits given in subsection
(a) of this section.
(5)
(A)
Environmental noise shall be measured by the equivalent sound level
(Leq) for such hours as are specified.
(B)
Nuisance noise shall be measured as a sound level not to be exceeded
at any time.
(C)
Sound levels by receiving land use shall be measured at the boundary
or at any point within the boundary of the property affected.
(D)
Fixed location public utility distribution or fixed transmission
facilities, located on or adjacent to a property line shall be subject
to noise level limits of this section measured at or beyond six feet
from the boundary of the easement upon which the equipment is located.
(c)
Corrections to Exterior Noise Level Limits.
(1)
If the noise is continuous, the Leq for any hour will be represented
by any lesser time period within that hour. Noise measurements of
a few minutes only will thus suffice to define the noise level.
(2)
If the noise is intermittent, the Leq for any hour may be represented
by a time period typical of the operating cycle. Measurement should
be made of a representative number of noisy/quiet periods. A measurement
period of not less than 15 minutes is, however, strongly recommended
when dealing with intermittent noise.
(3)
In the event the alleged offensive noise, as judged by the enforcement
officer, contains a steady, audible sound such as a whine, screech
or hum, or contains a repetitive impulsive noise such as hammering
or riveting, the standard limits set forth in Table 17-229 shall be
reduced by 10 dB or to the ambient noise level when such noises are
not occurring.
(4)
If the measured ambient level exceeds that permissible in subsection
(a) of this section, the allowable noise exposure standard shall be
the ambient noise level. The ambient level shall be measured when
the alleged noise violations source is not operating.
(5)
The sound level limit at a location on a boundary between two land
use classifications is the limit applicable to the receiving land
use; provided, however, that the one-hour average sound level limit
applicable to extractive industries including but not limited to borrow
pits and mines, shall be 75 decibels (dB) at the property line regardless
of the zone where the extractive industry is actually located.
Fixed-location public utility distribution or transmission facilities
located on or adjacent to a property line shall be subject to the
noise level limits of this section, measured at or beyond six feet
from the boundary of the easement upon which the equipment is located.
(Ord. No. 90-8, § 2, 3-28-90)
(a)
Repairs of Motor Vehicles. It shall be unlawful for any person within
the city to repair, rebuild or test any motor vehicle in such a manner
as to cause disturbing, excessive, or offensive noises as defined
in section 17-227 (k) of this article.
(b)
On-Highway. Violations for exceeding applicable noise level limits
as to persons operating motor vehicles on a public street or highway
in the city shall be prosecuted under applicable California Vehicle
Code provisions and under federal regulation adopted pursuant to 42
U.S.C. 4905 (a)(1)(A), (B), and (C)(ii), (iii) for which enforcement
responsibility is delegated to local governmental agencies.
(c)
Off-Highway. Except as otherwise provided for in this article, it
shall be unlawful to operate any motor vehicle of any type on any
site other than on a public street or highway as defined in the California
Vehicle Code in a manner so as to cause noise in excess of those noise
levels permitted for on-highway motor vehicles as specified in the
table "35 miles per hour or less speed limits" contained in Section
23130 of the California Vehicle Code.
(d)
Emergency Vehicles. Nothing in this section shall apply to authorized
emergency vehicles when being used in emergency situations.
(e)
Urban Transit Buses. Buses as defined in the California Vehicle Code
shall at all times comply with the requirements of this section.
(Ord. No. 90-8, § 2, 3-28-90)
It shall be unlawful for any person to operate any powered model
vehicle except between the hours of seven a.m. and nine p.m. and then
only in such a manner so as not to emit noise in excess of those levels
set forth in section 17-229; however, if powered model vehicles are
operated in public parks at a point more than 100 feet from the property
line, the noise level shall be determined at a distance of 100 feet
from the noise source instead of at the property line, and noises
from powered model vehicles measured at that distance in excess of
the noise limits specified in section 17-229 of this article are prohibited.
(Ord. No. 90-8, § 2, 3-28-90)
No person shall operate, or permit to be operated, a refuse
compacting, processing, or collection vehicle or parking lot sweeper
between the hours of 10 p.m. to six a.m. in or adjacent to any residential
zone unless a variance has been applied for and granted pursuant to
this article.
(Ord. No. 90-8, § 2, 3-28-90)
Except for emergency work, it shall be unlawful for any person,
including the City of Escondido, to operate construction equipment
as follows:
(a)
It shall be unlawful for any person, including the City of Escondido, to operate construction equipment at any construction site, except on Monday through Friday during a week between the hours of seven a.m. and six p.m. and on Saturdays between the hours of nine a.m. and five p.m., and provided that the operation of such construction equipment complies with the requirements of subsection (d) of this section.
(b)
It shall be unlawful for any person, including the City of Escondido,
to operate construction equipment at any construction site on Sundays
and on days designated by the president, governor or city council
as public holidays.
(c)
A person may operate construction equipment at his/her residence or for the purpose of constructing or modifying a residence for himself/herself on Monday through Friday of a week between the hours of seven a.m. and six p.m., and on Saturdays, Sundays, and holidays between the hours of nine a.m. and five p.m.; provided, that such operation of construction equipment is not carried on for profit or livelihood and complies with the requirements of subsection (d) of this section.
(d)
No construction equipment or combination of equipment, regardless
of age or date of acquisition, shall be operated so as to cause noise
in excess of a one-hour average sound level limit of 75 dB at any
time, unless a variance has been obtained in advance from the city
manager.
(e)
Persons engaged in construction for profit or as a business shall
post signs at conspicuous places on a construction site, indicating
hours of work as prescribed by this article or authorized by permit
and the applicable noise level limits.
(Ord. No. 90-8, § 2, 3-28-90)
It shall be unlawful for any person to handle or transport or
cause to be handled or transported in any public place, any container
or any construction material in such a way as to create a disturbing,
excessive or offensive noise as defined under section 17-227 (k) of
this article.
(Ord. No. 90-8, § 2, 3-28-90)
No person shall operate or cause to have operated or used any
sound signal device other than sound-amplification equipment attached
to a motor vehicle wagon or manually propelled cart from which food
or any other items are sold which emits a sound signal more frequently
than once every 10 minutes in any one street block and with a duration
of more than 10 seconds for any single emission. The sound level of
this sound signal shall not exceed 90 decibels at 50 feet.
(Ord. No. 90-8, § 2, 3-28-90)
It shall be unlawful for any person, including the City of Escondido
to use any motorized landscape equipment, including but not limited
to power blowers and vacuums, which causes a disturbing, excessive
or offensive noise as defined under section 17-227 (k) of this article.
(Ord. No. 90-8, § 2, 3-28-90)
(a)
It shall be unlawful for any person, including the City of Escondido,
to do any authorized grading at any construction site, except on Mondays
through Fridays during a week between the hours of seven a.m. and
six p.m. and, provided a variance has been obtained in advance from
the city manager, on Saturdays from 10 a.m. to five p.m.
(b)
For the purpose of this section, "grading" shall include but not
be limited to compacting, drilling, rock crushing or splitting, bulldozing,
clearing, dredging, digging, filling and blasting.
(c)
In addition, any equipment used for grading shall not be operated
so as to cause noise in excess of a one hour sound level limit of
75 dB at any time when measured at or within the property lines of
any property which is developed and used in whole or in part for residential
purposes, unless a variance has been obtained in advance from the
city manager.
(Ord. No. 90-8, § 2, 3-28-90)
Notwithstanding any other provisions of this article, it shall
be unlawful for any person to create, maintain, or cause to be maintained
any sound within the interior of any multiple family dwelling unit
which causes the noise level to exceed those limits set forth below
in any other dwelling unit:
MISSING TABLE
The monitoring procedures outlined under section 17-228 shall
be followed in enforcing this section.
(Ord. No. 90-8, § 2, 3-28-90)
(a)
General Prohibitions. In the absence of objective measurement by
use of a sound level meter, it additionally shall be unlawful for
any person to make, continue or cause to be made or continued, within
the limits of said city, any disturbing, excessive or offensive noise
which causes discomfort or annoyance to reasonable persons of normal
sensitivity.
The characteristics and conditions which should be considered
in determining whether a violation of the provisions of this section
exists, include, but are not limited to, the following:
(1)
The level of noise;
(2)
Whether the nature of the noise is usual or unusual;
(3)
Whether the origin of the noise is natural or unnatural;
(4)
The level of the background noise;
(5)
The proximity of the noise to sleeping facilities;
(6)
The nature and zoning of the area within which the noise emanates;
(7)
The density of the inhabitation of the area within which the noise
emanates;
(8)
The time of the day or night the noise occurs;
(9)
The duration of the noise;
(10)
Whether the noise is recurrent, intermittent or constant; and
(11)
Whether the noise is produced by a commercial or noncommercial activity.
(b)
Disturbing, Excessive or Offensive Noises. The following acts are
declared to be disturbing, excessive and offensive noises in violation
of this section, but said enumeration shall not be deemed to be exclusive,
namely:
(1)
Horns, Signaling Devices, etc. Violations for disturbing, excessive
or offensive noises associated with the use or operation of horns,
signaling devices, etc., on automobiles, motorcycles, or any other
vehicles, except as provided in section 17-232 shall be prosecuted
under applicable provisions of the California Vehicle Code.
(2)
Radios, Television Sets, Phonographs, and Similar Devices.
(i)
Uses Restricted. The use, operation or permitting to be played, used
or operated, any stereo receiver, radio, cassette tape player, compact
disc player, musical instrument, phonograph, television set or other
device for the production or reproduction of sound in such manner
as to disturb the peace, quiet and comfort of neighboring residents
or persons of normal sensitivity located in the area; or in a manner
to exceed those levels set forth in section 17-229 when measured at
a distance of 25 feet from such device operating in a public right-of-way
or public space, whether from a mobile or fixed source, except that
subject to permit issued by the City of Escondido specifying time,
location and other conditions, amplified sound may be permitted within
city parks, provided that said sound does not exceed a level of ninety
decibels (90 dB), 50 feet from the source or exceed those levels set
forth in section 17-229 at the park boundary.
(ii)
Prima Facie Violations. The operation of any such stereo receiver,
radio, cassette tape player, compact disc player, instrument, phonograph,
television set, machine or similar device between the hours of 10
p.m. and eight a.m. in such a manner and whether from a fixed or mobile
source as to be plainly audible at a distance of 50 feet from the
building, structure or vehicle in which it is located, or the operation
of any sound amplifier, which is part of, or connected to, any radio,
stereo receiver, compact disc player, cassette tape player or other
similar device, when operated in such a manner and at any time and
whether from a fixed or mobile source as to be plainly audible at
a distance of 50 feet, or when operated in such a manner as to cause
a person to be aware of vibration accompanying the sound at a distance
of 50 feet from the source, shall be prima facie evidence of a violation
of this section.
(iii)
Enforcement of Prima Facie Violations.
(A)
Any person who is authorized to enforce the provisions of this
article and who encounters prima facie evidence of a violation of
this section is empowered to confiscate and impound as evidence, any
or all of the components amplifying or transmitting the sound.
(B)
Any peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of the Penal Code, who encounters prima facie evidence
of a violation of this section whereby the component(s) amplifying
or transmitting the sound are attached to a vehicle may impound the
vehicle, as containing evidence of a criminal offense, when the amplifying
and/or transmitting component(s) cannot be readily removed from the
vehicle without damaging the component(s) or the vehicle.
(3)
Loud Speaking Amplifiers for Advertising. The use, operation, or
the permitting to be played, used or operated of any sound production
or reproduction device or machine including but not limited to radio
receiving sets, phonographs, musical instruments, loudspeakers and
sound amplifiers, for commercial or business advertising purposes
in, upon, over or across any street, alley, sidewalk, park or public
property in such a manner as to violate the provisions of this article
is prohibited. This provision shall not be applicable to sound amplifying
equipment mounted on any sound truck or vehicle for commercial or
noncommercial purposes where the owner or operator complies with the
following requirements:
(i)
The only sounds permitted are music or human speech;
(ii)
Operations are permitted between the hours of eight a.m. and
nine p.m. or after nine p.m. during public events and affairs of interest
to the general public;
(iii)
Sound amplifying equipment shall not be operated unless the
sound truck upon which such equipment is mounted is operated at a
speed of at least 10 miles per hour, except when said truck is stopped
or impeded by traffic. Where stopped by traffic the said sound amplifying
equipment shall not be operated for longer than one minute at each
stop.
(iv)
Sound shall not be issued within 100 yards of hospitals, schools,
churches, or courthouses, or other noise-sensitive zones.
(v)
The volume of sound shall be controlled so that said volume is not
raucous, jarring, disturbing or a nuisance to persons within the area
of audibility and so that the volume of sound shall not exceed a sound
level of 65 decibels (on the "A" scale) at a distance of 60 feet from
the sound amplifying equipment as measured by a sound level meter
which meets the American National Standard ANSI SI.4-1971 or the latest
revision thereof.
(vi)
No sound amplifying equipment shall be operated unless the axis
of the center of any sound reproducing equipment used shall be parallel
to the direction of travel of the sound truck; provided, however,
that any sound reproducing equipment may be so placed upon said sound
truck as to not vary more than 15 degrees on either side of the axis
of the center of the direction of travel.
(vii)
No sound truck with its amplifying device in operation shall
be driven on the same street past the same point more than twice in
a period of one hour.
(4)
Yelling, Shouting, etc. Disturbing or raucous yelling, shouting,
hooting, whistling or singing on the public streets, particularly
between the hours of 10 p.m. and eight a.m. or at any time or place
so as to annoy or disturb the quiet, comfort or repose of neighboring
residents or persons of normal sensitivity within the area for whatever
reason, is prohibited.
(5)
Animals. The keeping or maintenance, or the permitting to be kept
or maintained upon any premises owned, occupied or controlled by any
person of any animal, which includes fowl, which by any frequent or
long continued noise shall cause annoyance or discomfort to persons
of normal sensitivity in the vicinity; provided, however, that nothing
contained herein shall be construed to apply to occasional noises
emanating from legally operated dog and cat hospitals, humane societies,
pounds, farm or agricultural facilities, or areas where keeping of
animals is permitted. The written affirmation by two persons having
separate residences in the vicinity of the alleged violation that
such violation of this section disturbs the peace and quiet of said
persons shall be prima facie evidence of a violation of this section.
(6)
Schools, Courts, Churches, Hospitals. The creation of any noise on
any street, sidewalk or public place adjacent to any school, institution
of learning (except recreational areas of schools), church, court,
library or other noise-sensitive zone, while the same are in use,
or adjacent to a hospital, rest home, or long-term medical or mental
care facility which noise interferes with the workings of such institution
or which disturbs or annoys patients in the hospital, rest home, or
long-term medical or mental care facility, provided conspicuous signs
are displayed in such streets, sidewalks or public places indicating
the presence of a school, institution of learning, church, court,
library, rest home, long-term medical or mental care facility, or
other noise-sensitive zones, is prohibited.
(7)
Steam Whistles. The operation, use or causing to be operated or used
of any steam whistle attached to any stationary boiler is prohibited
except to give notice of the time to start or stop work or as a sound
signal of imminent danger.
(8)
Engines and Motor Vehicles. Any disturbing or raucous noises caused
off streets or highways by racing or accelerating the engine of any
motor vehicle while moving or not moving, by the wilful backfiring
of any engine and exhaust from the engine tailpipe or muffler, or
from the screeching of tires, is prohibited.
(9)
Loading, Unloading Vehicles—Opening, Destroying Bales, Boxes.
The creation of a loud and excessive noise in connection with loading
or unloading any vehicle or the opening and destruction of bales,
boxes, crates and containers is a violation of this article.
(10)
Transporting Metal Rails, Pillars, Columns. The loading or unloading
or transportation of rails, pillars or columns of iron, steel or other
material over and along streets and other public places upon carts,
drays, cars, trucks, or in any other manner so loaded as to cause
loud noises or as to disturb the peace and quiet of such streets or
other public places is a violation of this article.
(11)
Drums, Other Instruments to Attract Attention. No person shall use
any drum or other instrument or device for the purpose of attracting
attention by the creation of noise to any performance, show or sale.
(12)
Pile Drivers, Pneumatic Hammers, etc. No person shall operate between
the hours of six p.m. and seven a.m. on weekdays, or on Saturdays,
Sundays or any legal holidays, any pile driver, pneumatic hammer,
derrick, or other similar appliance, the use of which is attended
by loud or unusual noise, unless a variance has been obtained in advance
from the city manager.
(13)
Peddlers, Hawkers, Vendors. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood
is a violation of this article.
(14)
Exhaust Emissions. No person shall discharge into the open air the
exhaust of any steam engine, stationary internal combustion engine,
blower, power fan, or motor vehicle except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom.
(Ord. No. 90-8, § 2, 3-28-90)
Any building burglar alarm must have an automatic cutoff, capable
of terminating its operation within 15 minutes of the time it is activated.
Notwithstanding the requirements of this provision, any member of
the police department of the City of Escondido shall have the right
to take such steps as may be reasonable and necessary to disconnect
any such alarm during the period of its activation.
No owner of a motor vehicle shall have in operation an audible
burglar alarm therein unless such burglar alarm shall be capable of
terminating its operation within 15 minutes of the time it is activated.
Notwithstanding the requirements of this provision, any member of
the police department of the City of Escondido shall have the right
to take such steps as may be reasonable and necessary to disconnect
any such alarm installed on a motor vehicle at any time during the
period of its activation.
(Ord. No. 90-8, § 2, 3-28-90)
(a)
Emergency Work. The provisions of this article shall not apply to
any emergency work as defined in section 17-227, provided that (1)
a variance has been obtained from the city manager, and (2) any vehicle
device, apparatus or equipment used, related to or connected with
emergency work is designed, modified or equipped to reduce sounds
produced to the lowest possible level consistent with effective operation
of such vehicle, device, apparatus, or equipment.
(b)
Sporting, Entertainment, Public Events. The provisions of this article
shall not apply to:
(1)
Those reasonable sounds emanating from authorized school bands, school
athletic and school entertainment events.
(2)
Sporting, entertainment and public events which are conducted pursuant
to a license or permit issued by the building director for noise exceeding
criteria, standards or levels as set forth in this article.
(3)
Those reasonable sounds emanating from a sporting, entertainment
or public event; provided, however, it shall be unlawful to exceed
those levels set forth in section 17-229 when measured at or within
the property lines of any property which is developed and used either
in part or in whole for residential purposes unless a variance has
been granted allowing sounds in excess of said levels.
(c)
Federal or State Preempted Activities. The provisions of this article
shall not apply to any activity to the extent regulation thereof has
been preempted by date or federal law.
(d)
Minor Maintenance to Residential Property. The provisions of section
17-229 shall not apply to noise sources associated with minor maintenance
to property used either in part or in whole for residential purposes
provided said activities take place between the hours of seven a.m.
and eight p.m. on any day except Sunday, or between the hours of 10
a.m. and eight p.m. on Sunday.
(e)
Agricultural Operations. The provisions of section 17-229 shall not
apply to equipment associated with agricultural operations, provided,
that all equipment and machinery powered by internal-combustion engines
is equipped with a proper muffler and air intake silencer in good
working order, and provided further that:
(1)
Operations do not take place between seven p.m. and the following
seven a.m.; or
(2)
Such operations and equipment are utilized for the preparation, planting,
harvesting, protection or salvage of agricultural crops during periods
of potential or actual frost damage or other adverse weather conditions;
or
(3)
Such operations and equipment are associated with agricultural pest
control, provided the application is made in accordance with regulations
or procedures administered by the county department of agriculture;
or
(4)
Such operations and equipment are associated with the application
of agricultural chemicals provided the application is made in accordance
with acceptable agricultural practices or upon the recommendation
of an agricultural specialist.
(Ord. No. 90-8, § 2, 3-28-90)
(a)
Violations and Penalties.
(1)
It is a violation for any property owner(s) and/or person(s) in control
of property to permit, or cause, a noise disturbance to be produced
upon property owned by them or under their control.
(2)
It is a violation for any person or persons to create or allow the
making of noise disturbance as provided by this article at any location
in the city.
(b)
Environmental Noise.
(1)
Classification of Environmental Noise. The enforcement officer shall
determine that any given obtrusive noise condition that falls within
the definition of environmental noise disturbance, is an environmental
noise. The enforcement officer may use Appendix 17-12-A, set out at
the end of this article, as an aid in making such determinations.
The city manager or his or her designee shall make determinations
classifying noise sources not specifically mentioned in Appendix 17-12-A.
(2)
Responsibility. The building director shall be responsible for investigation
and enforcement of environmental noise disturbances.
(3)
Guidelines. The building director may, from time to time, promulgate
guidelines for administration and enforcement of the provisions of
this title pertaining to noise violations.
(4)
Abatement Shall Terminate Enforcement Action. No complaint or further
action shall be taken in the event that the cause of the violation
has been removed, the condition abated or fully corrected within the
time period specified in a notice of violation issued by the enforcement
officer.
(c)
Nuisance Noise.
(1)
Classification of Nuisance Noise. The chief of police shall determine
that any given obtrusive noise condition that falls within the definition
of nuisance noise disturbance is a nuisance noise. The chief of police
may use Appendix 17-12-A, as an aid in making such determinations.
At the request of the chief of police, the city manager or his or
her designee shall make determinations for classifying nuisance noise
sources not specifically mentioned in Appendix 17-12-A.
(2)
Responsibility. The chief of police shall be responsible for investigation
and enforcement of nuisance noise disturbances.
(3)
Guidelines. The chief of police may, from time to time, promulgate
guidelines for administration and enforcement of the provisions of
this title pertaining to nuisance noise violations.
(4)
Abatement Order. The officer responsible for enforcement of any provisions
of this section may issue an order requiring abatement of a sound
source alleged to be in violation within a reasonable time period
and according to guidelines which the chief of police may prescribe.
Such orders of abatement shall be administered in writing. Failure
to comply may be held as a violation of this title.
(d)
Enforcement of Noise Disturbances That are Both Environmental and
Nuisance.
(1)
Where investigation reveals that offending noise violates both the
environmental noise regulations and the nuisance noise regulations,
the offense shall be enforced as a nuisance noise violation unless
the chief of police makes a specific finding that the environmental
noise regulations more nearly apply, in which case the environmental
noise regulations shall apply.
(2)
Nothing contained in this provision shall limit the city's ability
to prosecute noise violations as both environmental and nuisance noise.
(Ord. No. 90-8, § 2, 3-28-90)
Any person violating any of the provisions of this article shall
be deemed guilty of a misdemeanor and upon conviction thereof shall
be fined in an amount not exceeding $1,000 or be imprisoned for a
period not exceeding six months, or by both such fine and imprisonment.
Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such.
(Ord. No. 90-8, § 2, 3-28-90)
As an additional remedy the operation or maintenance of any
device, instrument, vehicle, machinery, or other item in violation
of any provision of this article for which operation or maintenance
causes discomfort or annoyance to persons of normal sensitivity 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 shall be subject to summary abatement in order to preserve or
protect the public health, safety or welfare, abatement by a restraining
order or injunction issued by a court of competent jurisdiction.
(Ord. No. 90-8, § 2, 3-28-90)
No person shall knowingly make a false statement or submit a
false document to the city manager as to any matter within his jurisdiction.
(Ord. No. 90-8, § 2, 3-28-90)
No person shall make, reproduce, alter, or cause to be made,
reproduced, or altered a permit, certificate, or other document issued
by the city manager or required by this article if the purpose of
such reproduction or alteration is to evade or violate the provisions
of this article.
(Ord. No. 90-8, § 2, 3-28-90)
Any permit, certificate, or other notice required herein shall
be displayed or maintained on the premises designated in a conspicuous
place.
(Ord. No. 90-8, § 2, 3-28-90)
(a)
The city manager shall evaluate all applications for variances from
the requirements of this article and may grant said variances with
respect to time for compliance, subject to such terms, conditions,
and requirements as he may deem reasonable to achieving compliance
with the provisions of this article. Each such variance shall set
forth in detail the approved method of achieving compliance and a
time schedule for its accomplishment. If in the judgment of the city
manager the time for compliance cannot be reasonably determined, a
variance to cause the noise may be issued for a specified period of
time, subject to revocation or modification after review by the city
manager at interim times to be designated by the city manager in the
variance. In determining the reasonableness of the terms of any proposed
variance, said city manager shall consider the magnitude of nuisance
caused by the offensive noise, the uses of property within the area
of impingement by the noise, operations carried on under existing
nonconforming rights or conditional use permits or zone variances,
the time factors related to study, design, financing and construction
of remedial work, the economic factors related to age and useful life
of the equipment and general public interest and welfare.
(b)
The city manager may grant a retroactive variance for emergencies
provided an application for variance has been filed with the city
manager within two business days following the emergency.
(Ord. No. 90-8, § 2, 3-28-90)
(a)
Every applicant for a permit or variance required by this article
shall file with the city manager a written application on a form prescribed
by the city manager.
(b)
The application shall state the name and address of the applicant,
the nature of the noise source involved, the area to be affected,
the duration of the permit or variance, and such other information
as the city manager may require.
(c)
Concurrent with the application, the applicant shall cause notice
to be made to property owners located within a radius of 500 feet
of the exterior boundaries of the property identified in the application
and submit proof of such notice to the city manager within five days
of the date the application is filed. Such notice shall identify the
nature of the noise source involved, the area to be affected, the
duration for which the applicant is making application, such other
identifiable terms as may be required by the city manager, and further
provide notification that written comment be made to the city manager
within 15 days of the date of the application.
(d)
Notice under this section shall be made by:
(1)
Posting a notice conspicuously along the streets within the area
of 500 feet of the exterior boundaries of the property identified
in the application and at least once on each side of each block or
fraction of block therein,
(2)
Mailing to each owner of property within a 500 foot radius of the
exterior boundaries of the property identified in the application
notice of application for variance, and
(3)
Publishing the notice of application for variance at least once in
a newspaper of general circulation published and circulated in the
community.
(e)
Property owners within a 500 foot radius of the exterior boundaries
of an area identified in an application for variance may provide written
comments in favor of or in opposition to an application for variance
under this article. Such comments shall state in as concise a manner
as possible reasons for approval of or opposition to the pending application
or such conditions as may be perceived necessary to mitigate certain
stated circumstances. Such comments shall be made within 15 days of
the date of application. The city manager shall consider such comments
with the information submitted by the applicant.
(Ord. No. 90-8, § 2, 3-28-90)
Every applicant, except any state or local governmental agency
or public district, shall pay such fees as the city may from time
to time by resolution establish, but not less than $25.
A request for a duplicate permit or variance shall be made in
writing to the city manager within 10 days after the destruction,
loss, or defacement of a permit or variance. A fee of $5 shall be
charged, except to any state or local government agency or public
district, for issuing a duplicate permit or variance.
(Ord. No. 90-8, § 2, 3-28-90)
(a)
The city manager shall act within 30 days, if possible, but no earlier
than 15 days of the date of application, on an application for a permit
or variance and shall notify the applicant in writing by mail or in
person of the action taken, namely, approval, conditional approval
or denial. Notice of the action taken shall be deemed to have been
given when the written notification has been deposited in the mail,
postpaid, addressed to the address shown on the application, or when
personally delivered to the applicant or his representative.
(b)
Before acting on an application for a variance or permit, the city
manager may require the applicant to furnish further information or
further plans or specifications. Failure of the applicant to provide
such further information or further plans or specifications within
10 days shall be grounds for denial of the permit or variance.
(c)
The city manager shall deny an application for variance if notice
of the same has not been provided in accordance with section 17-250
of this article.
(d)
In the event of denial of an application for a permit or variance,
the city manager shall notify the applicant in writing of the reasons
therefor. Service of this notification may be made in person or by
mail, and such service may be proved by the written acknowledgment
of the persons served or affidavit of the person making the service.
The city manager shall not accept a further application unless the
applicant has complied with the objections specified by the city manager
as his/her reasons for denial.
(e)
If the city manager receives three or more written objections to
the grant of a particular application for variances and, after consideration
of the contents of the objections grants a variance to the applicant,
the city manager shall cause the application to be an item on the
next succeeding agenda of the city council for its review of the city
manager decision.
(Ord. No. 90-8, § 2, 3-28-90)
The applicant may at his option deem the permit or variance
denied if the city manager fails to act on the application within
30 days after filing, or within 10 days after applicant furnishes
the further information, plans and specifications requested by the
city manager, whichever is later.
(Ord. No. 90-8, § 2, 3-28-90)
A person operating under a permit or variance shall provide
and maintain such sampling and testing facilities as specified in
the permit or variance.
(Ord. No. 90-8, § 2, 3-28-90)
Within 10 days after notice, by the city manager, of denial
or conditional approval of a variance or a permit, or within 10 days
after the effective date of the revocation of a permit or variance
by the city manager, the affected person may petition the city council,
in writing, for a public hearing. The city council, after notice and
a public hearing after filing the petition, may sustain, reverse or
modify the action of the city manager; such order may be made subject
to specified conditions.
(Ord. No. 90-8, § 2, 3-28-90)
A petition to review a denial or conditional approval of a permit
or variance shall include a copy of the permit or variance application,
and a copy of the city manager's action setting forth the reasons
for the denial or the conditions of the approval, and the reasons
for appeal. A petition to review a permit or variance revocation shall
include a copy of the permit or variance, the city manager's revocation
notice, including his reasons for revocation, and the reasons for
appeal.
(Ord. No. 90-8, § 2, 3-28-90)
The petitioner may dismiss his petition at any time before submission
of the case to the city council, without a hearing or meeting of the
city council. The city clerk shall notify all interested persons of
such dismissal.
(Ord. No. 90-8, § 2, 3-28-90)
If any provision, clause, sentence or paragraph of this article
or the application thereof to any person or circumstances shall be
held invalid, such invalidity shall not affect the other provisions
or applications of the provisions of this article which can be given
effect without the invalid provision or application, and to this end
the provisions of this article are hereby declared to be severable.
(Ord. No. 90-8, § 2, 3-28-90)
Appendix 17-12-A to this article is adopted concurrently with
the adoption of the ordinance codified in this article.
MISSING HN
|
Appendix 17-12-A
CLASSIFICATION OF NOISE SOURCES
| |
|---|---|
|
ENVIRONMENTAL NOISE
|
NUISANCE NOISE
|
|
Air-conditioning units (fixed)
|
Air conditioning units (improperly) maintained
|
|
Animal shelters
|
Animal, pets
|
|
Auto and vehicle repair in conjunction with permitted commercial
or industrial activity
|
Auto and vehicle repairs on residential sites. Carbide igniters
and similar devices producing impactive noise
|
|
Commercial activities normally found in connection with a permitted
activity
|
Commercial activities, other than those permitted which are
causing a nuisance. Also, outdoor commercial sales activities. Construction/
demolition activities (of a temporary nature)
|
|
Industrial activities normally found in conjunction with a permitted
activity
|
Industrial activities, other than environmental and causing
a nuisance
|
|
Loading and unloading in conjunction with permitted uses
|
Loading and unloading, other than environmental, and causing
a nuisance
|
|
Loose shutters, squeaky gates, clattering drain covers, and
other conditions resulting from inadequate property maintenance
|
|
|
Machinery and compressors (fixed maintained in conjunction with
a permitted activity)
|
Machinery and compressors other than environmental. Off-road
vehicles. Outcrying, shouting, screaming, whistling, singing. Powered
model toys, devices, vehicles and equipment
|
|
Power tools normally found in conjunction with permitted uses
|
Power tools, other than environmental. Also, hobby activities
|
|
Lawn mowers
|
|
|
Pumps—Same as machinery and compressors
|
Pumps—Same as machinery and compressors. Private parties,
gatherings, assemblages of limited duration
|
|
Public address and public assembly, indoor and outdoor, as permitted
use
|
Public address and public assembly, indoor and outdoor, a "temporary
use" or as an assembly other than environmental. Radios, stereos,
televisions, sound amplifiers, musical instruments, drums
|
|
Signaling devices (non-emergency) stationary. Outside phone
bells. School bells
|
Signaling devices (non-emergency) mobile utility truck radio
speakers. Emergency: Burglar alarms, Auto theft alarms. Sound trucks
|
(Ord. No. 90-8, § 2, 3-28-90)
