The Council of the City of Stockton hereby finds and declares
that:
A.
Inadequately
controlled noise presents a growing danger to the health and welfare
of the residents of the City;
B.
The
making and creating of disturbing, excessive, or offensive noises
within the jurisdictional limits of the City is a condition which
has persisted, and the level and frequency of occurrences of such
noise continues to increase as the City grows and as the availability
and use of motor vehicle and sound equipment and power tools increase;
C.
The
making, creation or continuance of such excessive noises which are
prolonged or unusual in their place, time, and use, affect and are
a detriment to the public peace, health, comfort, convenience, safety
and welfare of the residents of the City;
D.
Every
person is entitled to an environment in which the noise is not detrimental
to his or her life, health or enjoyment of property; and
E.
The
necessity, and 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 are enacted and
in pursuance of and for the purpose of securing and promoting the
public health, comfort, convenience, safety, welfare, prosperity,
peace and quiet of the City and its inhabitants.
(Prior code § 5-700)
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 the American National Standard Specifications for Sound Level Meters,
S1.4-1971. Average sound level is also called equivalent continuous
sound level.
means can be heard by any person of average or normal hearing
capability.
means any tools, machinery or equipment used in connection
with construction operations, regardless of whether such construction
site be located on highway or off highway.
means a unit of measure of sound (noise) level.
means work made necessary to restore property to a safe condition
following a public calamity, or work required to protect persons or
property from imminent exposure to danger or damage, or work by public
or private utilities when restoring utility service.
means any and all self-propelled vehicles as defined in the
California Vehicle Code, specifically including, but not limited to,
minibikes and go-carts.
means the same as sound level. The terms may be used interchangeably
herein.
means in decibels, that quantity measured with a sound level
meter as defined herein, by use of the "A" frequency, weighting and
"fast" time averaging unless some other time averaging is specified.
means an instrument of the measurement of sound including
a microphone, amplifier, an attenuator, networks for at least the
standardized "A" frequency weighting, and an indicating instrument
having at least the standardized dynamic characteristic "fast," as
specified in the American National Standards Institute Specifications
for Sound Level Meters, S1.4-1971.
(Prior code § 5-701)
The following special noise restrictions are hereby established
without regard to their sound level impact and may be enforced without
the prerequisite of a sound level measurement.
A.
General
Noise Regulations.
1.
Notwithstanding
any other provisions of this chapter, and in addition thereto, it
is unlawful for any person to willfully make or continue or permit
or cause to be made or continued, any loud, unnecessary, or unusual
noise which unreasonably disturbs the peace and quiet of any neighborhood
or which causes discomfort or annoyance to any reasonable person of
normal sensitiveness residing in the area.
2.
The
standards which shall be considered in determining whether a violation
of the provisions of this section exists shall include, but not be
limited to, the following:
a.
The volume of the noise;
b.
The intensity of the noise;
c.
Whether the nature of the noise is usual or unusual;
d.
Whether the origin of the noise is natural or unnatural;
e.
The volume and intensity of the background noise, if any;
f.
The proximity of the noise to residential sleeping facilities;
g.
The nature and zoning of the area within which the noise emanates;
h.
The density of the inhabitation of the area within which the noise
emanates;
i.
The time of the day or night the noise occurs;
j.
The duration of the noise;
k.
Whether the noise is produced by a commercial or noncommercial activity.
3.
This
section shall be inapplicable to emergency work.
B.
Disturbing,
Excessive or Offensive Noise. The following activities are declared
to cause disturbing, excessive or offensive noise in violation of
this section, but said enumeration shall not be deemed exclusive:
1.
It
is unlawful for any person to sound a horn or other signaling device
on any vehicle except as an emergency or danger warning signal.
a.
This provision shall be inapplicable to the sounding of any horn,
bell, whistle, siren or other audible warning device which is operated
in compliance with Section 7604 of the California Public Utilities
Code, or other State or Federal laws governing railroad operations.
b.
The sounding of burglar alarms shall not constitute a violation of
this section except after 20 minutes of continuous activation. Further,
on or after one year from the effective date of the ordinance codified
in this chapter, no owner of a motor vehicle, dwelling or commercial
property shall have in operation an audible burglar alarm therein
unless such burglar alarm shall be capable of terminating its operation
within 20 minutes of its being activated.
2.
It
is unlawful to operate any radio, phonograph, loud speaker, sound
amplifier, or similar device upon the public streets, rights-of-way
or parks for the purpose of attracting the attention of the public
in any manner without a special event permit.
3.
It
is unlawful for any person to use any drum or musical instrument clearly
audible for a distance in excess of 50 feet, upon public streets,
rights-of-way or parks without a special event permit.
4.
It
is unlawful to operate any radio, television set, musical instrument,
phonograph, stereo or audio system, whether or not said noise source
is inside a building or motor vehicle, so as to cause an unreasonable
annoyance to others located or living nearby, or so as to disturb
the peace and quiet of any neighborhood, unless an exception is granted
by a special event permit. It is hereby found and declared as a matter
of legislative policy that the operation of the aforesaid equipment
or instruments on the public streets and rights-of-way adjacent to
public parks during the hours from 10:00 p.m. to 7:00 a.m., in such
a manner as to be clearly audible for a distance in excess of 25 feet
constitutes prima facie evidence of a violation of this section. This
section shall be inapplicable to radio systems operated by FCC licensees
in the regular course of business.
5.
It
is unlawful to operate any radio, stereo, tape player or other audio
equipment on public streets and rights-of-way at a volume or sound
level which endangers the safety of any person using the public streets
and rights-of-way. It is hereby found and declared, as a matter of
legislative policy, that any such audio equipment, either in or on
a motor vehicle or a bicycle, which is clearly audible at 50 feet
distance, endangers the public safety and welfare by interference
with the normal human capability for hearing nearby traffic movement
and warning signals. Violation of this section shall be an infraction.
This section shall be inapplicable to radio systems operated by FCC
licensees in the regular course of business.
6.
It
is unlawful for any passenger to operate any radio, phonograph or
tape player or similar device on a public transit bus in such manner
that it is clearly audible to any other person in the bus.
7.
It
is unlawful to operate or to permit the noncommercial operation of
any mechanically powered saw, drill, sander, grinder, lawn or garden
tool, or similar device, in residential areas during the hours from
9:00 p.m. to 8:00 a.m. so as to cause a noise disturbance across a
residential real property boundary.
(Prior code § 5-702; Ord. 007-07 C.S. § 4)
A.
Notwithstanding
any other provision of this code, it is unlawful for any person to
keep or maintain, or to permit the keeping or maintenance upon any
premises owned, occupied or controlled by him or her, any animal or
animals which by any frequent or long continued noise shall disturb
or cause discomfort to any reasonable person of normal sensitiveness
residing in the vicinity.
B.
The
noise of any such animal or animals that disturbs two or more residents
who are in general agreement as to the times and duration of the noise,
and who reside in separate residences (including apartments and condominiums)
located on property adjacent at any point to the property on which
the subject animal or animals are kept or maintained, or within 300
feet thereof, shall be prima facie evidence of a violation of this
section, which shall be a misdemeanor.
C.
Exception.
This section shall not apply to a legally operated kennel or cattery.
(Prior code § 5-703)
A.
Any
person violating any of the provisions of this chapter shall be deemed
guilty of a misdemeanor, unless otherwise specified, and upon conviction
thereof shall be subject to a fine not exceeding $500.00, or imprisonment
for a period not exceeding six months, or by both such fine and imprisonment.
Each violation shall constitute a separate offense and shall be punishable
as such.
B.
As an additional remedy, the operation or maintenance of any device, instrument or machinery as set forth in Section 8.20.030(B), supra, in violation of any provision of this chapter, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, health or peace of residents in the area, shall be deemed and is hereby 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.
(Prior code § 5-704)
