A.
In order
to control unnecessary excessive and annoying noise and vibration
in the city, it is declared to be the policy of the city to prohibit
such noise and vibration generated from or by all sources, as specified
in this chapter. It shall be the policy of the city to maintain quiet
in those areas which exhibit low noise levels and to implement programs
aimed at reducing noise in those areas within the city where noise
levels are above acceptable values.
B.
It is
determined that certain noise levels and vibrations are detrimental
to the public health, welfare and safety, and are contrary to public
interest. Therefore, the city council of the city does ordain and
declare that creating, maintaining, causing or allowing to be created,
caused or maintained, any noise or vibration 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.
(Prior code § 3800; Ord. 1851 § 1, 1978)
The following words, phrases and terms, as used in this chapter,
shall have the meaning as indicated below:
means 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.
Reference is made to the city's adopted noise element for acceptable
ambient noise-level standards.
means an additive period of time composed of individual time
segments, which may be continuous or interrupted.
means 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 ten times the logarithm to
the base ten of this ratio.
means a single unit providing complete independent living
facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation.
means 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.
means 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.
means 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.
means the noise produced by the collision of one mass in
motion with a second mass which may be either in motion or at rest.
means any noise source other than a fixed noise source.
means the "A" weighted sound-pressure level in decibels obtained
by using a sound-level meter at slow response with a reference pressure
of twenty microNewtons per square meter. The unit of measurement shall
be designated as dB (A).
means a person, firm, association, copartner ship, joint
venture, corporation, or any entity, public or private in nature.
means 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.
means a noise characterized by a predominant frequency or
frequencies so that other frequencies cannot be readily distinguished.
means an instrument meeting American National Standards 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 means twenty times the logarithm to
the base ten of the ratio of the pressure of the sound to a reference
pressure, which reference pressure shall be explicitly stated.
(Prior code § 3800.1; Ord. 1851 § 1, 1978)
A.
The
entire territory of the city is designated as "Noise Zone 1" except
for those properties specifically designated as "Noise Zone 2."
(Prior code § 3800.2; Ord. 1851 § 1, 1978; Ord. 2033 § 1, 1985)
A.
The
following noise standards, unless otherwise specifically indicated,
shall apply to all residential property within a designated noise
zone:
|
EXTERIOR NOISE STANDARDS
| ||
|---|---|---|
|
Noise Zone
|
Noise Level
|
Time Period
|
|
1
|
55 dB(A)
|
7:00 a.m.-10:00 p.m.
|
|
55 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.
| |
B.
In the
event the alleged offensive noise consists entirely of impact noise,
simple tone noise, speech, music, or any combination thereof, each
of the above noise levels shall be reduced by 5dB(A).
C.
It is
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, to exceed:
1.
The
noise standard for a cumulative period of more than thirty minutes
in any hour; or
2.
The
noise standard plus 5dB(A) for a cumulative period of more than fifteen
minutes in any hour; or
3.
The
noise standard plus 10dB(A) for a cumulative period of more than five
minutes in any hour; or
4.
The
noise standard plus 15dB(A) for a cumulative period of more than one
minute in any hour; or
5.
The
noise standard plus 20dB(A) for any period of time.
D.
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 the 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.
(Prior code § 3800.3; Ord. 1851 § 1, 1978; Ord. 2033 § 1, 1985)
A.
The
following 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
|
55 dB(A)
|
7:00 a.m.-10:00 p.m.
|
|
45 dB(A)
|
10:00 p.m.-7:00 a.m.
| |
|
2
|
60 dB(A)
|
7:00 a.m.-10:00 a.m.
|
|
50 dB(A)
|
10:00 p.m.-7:00 a.m.
| |
B.
In the
event the alleged offensive noise consists entirely of impact noise,
simple tone noise, speech, music, or any combination thereof, each
of the above noise levels shall be reduced by 5dB(A).
C.
It is
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
the boundaries of the city, to exceed:
D.
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 the 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.
(Prior code § 3800.4; Ord. 2033 § 3, 1985)
The following activities shall be exempted from the provisions
of this chapter:
A.
Activities
conducted on the grounds of any public or private nursery, elementary,
intermediate or secondary school or college;
B.
Outdoor
gatherings, public places and shows, provided said events are conducted
pursuant to a permit issued by the city pursuant to this code;
C.
Activities
conducted on any park or playground, provided such park or playground
is owned and operated by a public entity;
D.
Any
mechanical device, apparatus or equipment used, related to or connected
with emergency machinery, vehicles 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 eight p.m. and seven a.m. on weekdays, including 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 eight p.m. and seven
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 associated with the maintenance of real property, provided
said activities take place between seven a.m. and eight p.m. on any
day except Sunday or a federal holiday;
J.
Any
activity to the extent regulation thereof has been preempted by state
or federal law;
K.
Existing
air conditioners on residential property shall be exempt from the
provisions of this chapter for a period of five years after its adoption.
(Prior code § 3800.5)
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.
(Prior code § 3800.6)
A.
The
noise variance board established by the county shall be the noise
variance board for the city, and the procedural rules established
by the county shall be followed by applicants for variance within
the city.
B.
Any
variance granted by the board shall be by resolution, and shall be
transmitted to the city and the health officer for enforcement. Any
violation of the terms of said variance shall be unlawful. Appeal
from the decision of the variance board may be made to the city council
in accordance with the rules established for zone variances.
(Prior code § 3800.7)
