It is declared to be the policy of the city to use its police
power to reduce noise in the community by prohibiting unnecessary,
excessive and annoying noises from all sources. At certain levels,
noise can be detrimental to the health, safety, welfare and quality
of life of the citizenry and in the public interest it shall be restricted.
In order to implement the goals of the noise element of the city's
general plan and adopt a comprehensive noise ordinance to prohibit
unwanted and unnecessary sounds of all types within the community,
this chapter has been created. This chapter shall be referred to and
cited as the "San Dimas Noise Ordinance."
(Ord. 868 § 1, 1987)
Terminology used in this chapter shall be in conformance with definitions in Title 18 of this code and as defined as follows:
means an existing level of all-encompassing noise associated
with a given environment, usually a composite of sounds from many
sources near and far, without inclusion of intruding noises from isolated
identifiable sources.
means the sound pressure 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 land utilized for business purposes other than residential
or industrial uses;
means the time period from seven a.m. to ten p.m. of any
one day.
means a unit for measuring the volume of a sound equal to
twenty times the logarithm to the base ten of the ratio of the pressure
of the sound measured to the reference pressure, which is twenty microPascals.
means any tool or piece of equipment used in a residential
zone such as but not limited to the following: lawnmowers, lawnblowers,
electrical tools, compressors, chain-saws, etc.
means any threat to the public health or safety or any unforeseen
combination of circumstances or the resulting state that calls for
immediate action as declared by the building official or the city
engineer.
means any work performed necessary to restore property to
a safe condition due to property damage threatened or caused by an
emergency.
means the building official or his designee who may enforce
the provisions of this chapter.
means the constant sound level that in a given situation
and time period, conveys the same sound energy as the actual time-varying
A-weighted sound for a given period of time, which for the purposes
of this chapter shall be an eight-hour period of time.
means a stationary device which creates sounds, including
but not limited to agricultural, commercial, industrial, or residential
machinery and equipment, pumps, fans, compressors, air conditioners
and refrigeration equipment.
means the value specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In cases where trailers
and tractors are separable, the gross combination weight rating (GCWR),
which is the value specified by the manufacturer as the recommended
maximum loaded weight of the combination vehicle shall be used.
means a short duration sound of one second or less with an
abrupt onset and a rapid decay (includes explosion, drop forge impact
or firearm discharge).
means land utilized for industrial, manufacturing and wholesale
uses.
means a sound which intrudes over and above the existing
ambient noise level at a given location.
means any noise source other than a fixed source.
means any and all self-propelled vehicles, on or off road,
subject to identification under the California Vehicle Code.
means a device for abating the sound of escaping gases of
an internal combustion engine.
means the time period from ten p.m. of one day up to seven
a.m. of the next day.
means any sound which:
means quiet zones of the city which contain activities more
sensitive to noise than most activities. Existing quiet zones shall
be considered noise sensitive areas until otherwise designated.
means any individual, association, partnership, or corporation,
or entity public or private and includes any officer, employee, department,
or agency of such person.
means any self-propelled airborne, waterborne or landborne
plane, vessel or vehicle which is not designed to carry persons, including
but not limited to, any model airplane, boat, car or rocket.
means land which is utilized or zoned for residential purposes.
means any residential zone which permits four or less residential
units per acre.
means any residential zone which permits seven residential
units per acre.
means any residential zone which permits more than seven
residential units per acre.
means any device used for the amplification of the human
voice, music or any other sound. Excluded are standard automobile
radios when used and heard only by the occupants of the vehicle in
which the radio is held or installed. Also excluded are warning devices
on authorized emergency vehicles or horns or other warning devices
on any vehicle used only for traffic safety purposes.
means an instrument, including a microphone, an amplifier,
an output meter, and frequency weighting networks for the measurement
of sound levels, which meets or exceeds the requirements pertinent
for Type S2A meters in American National Standards Institute specifications
for sound level meters, § 1.4-1971, or the most recent revision
thereof.
means any motor vehicle, or other vehicle, regardless of
motive power, whether in motion or stationary, having mounted thereon,
or attached thereto, any sound-amplifying equipment.
means the minimum ground 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 threshold shall be presumed to
be a motion velocity of 0.01 in./sec. over the range of 1 to 100 Hz.
means any day, Monday through Friday, which is not a legal
holiday.
(Ord. 868 § 1, 1987)
On or after the effective date of the ordinance codified in this chapter, unless a permit has been granted by the development plan review board, it is unlawful for any person to operate or cause to be operated, any single or combination fixed source or mobile source type of equipment or machinery, that individually or collectively constitute an identifiable noise source in such a manner as to cause the sound level at any point on the property line of any property to exceed the noise level limits set forth in Section 8.36.040 of this chapter, however, that if all provisions of Section 8.36.110 are complied with, this section shall not apply to construction equipment used in connection with construction operations.
(Ord. 868 § 1, 1987)
The allowable noise level or sound level referred to in Section 8.36.030 shall be the higher of the following:
A.
Actual
measured ambient level; or
B.
That
noise level limit as determined from the following table:
|
Zone
|
Time
|
Sound Level (A-weighted) Decibels
|
|---|---|---|
|
Residential
low and medium density
|
7 a.m. to 6 p.m.
|
50
|
|
6 p.m. to 10 p.m.
|
45
| |
|
night
|
40
| |
|
Residential
high density
|
7 a.m. to 6 p.m.
|
60
|
|
6 p.m. to 10 p.m.
|
55
| |
|
night
|
50
| |
|
Commercial
|
7 a.m. to 6 p.m.
|
60
|
|
6 p.m. to 10 p.m.
|
55
| |
|
night
|
50
| |
|
Industrial
|
7 a.m. to 6 p.m.
|
70
|
|
6 p.m. to 10 p.m.
|
60
| |
|
night
|
55
|
If the measurement location is on a boundary between
two different zones, the noise level limit applicable to the lower
noise zone shall apply.
(Ord. 868 § 1, 1987)
Upon receipt of a complaint from a citizen, or a request to
investigate, the enforcement agent, equipped with sound level measurement
equipment, may investigate the complaint. The investigation shall
consist of measurement(s) and the gathering of data to adequately
define the noise problem and shall include the following:
A.
Type
of noise source;
B.
Location
of noise source relative to complainant's property;
C.
Time
period during which noise source is considered by complainant to be
intrusive;
D.
Total
duration of noise produced by noise source;
E.
Date
and time of noise measurement survey.
(Ord. 868 § 1, 1987)
A.
The noise standards for the various categories of land use identified in Section 8.36.040, shall, unless otherwise specifically indicated, apply to all property within a designated zone.
B.
Except as otherwise permitted by this chapter no person shall operate or cause to be operated any source of sound at any location which causes the noise level when measured at any point on any other property, to exceed the limits set forth in Section 8.36.040 of this chapter.
C.
If the
measurement location is on a boundary between two different zones,
the noise level limit applicable to the lower noise zone shall apply.
(Ord. 868 § 1 (part) 1987)
A.
For
purposes of this section, the following noise standards for residential
dwellings shall apply, unless otherwise specifically indicated interior
noise levels shall be measured within dwellings with windows in their
open position.
|
Time Interval
|
Allowable Noise Levels (dBA)
|
|---|---|
|
Interior living areas
|
|
|
Night
|
35
|
|
Day
|
45
|
|
Exterior living areas
|
65
|
B.
No person shall operate or cause to be operated within a dwelling unit any source of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring dwelling unit to exceed the standards in subsection A of this section.
C.
No person shall construct or cause to be constructed a residential development in an area which has an existing or projected ambient noise level such that the noise levels in subsection A of this section will be exceeded without providing mitigation measures adequate to reduce the requisite noise levels to an allowable level. Prior to the issuance of building permits for a project in such an area, a registered engineer shall certify that the construction plans will provide any required noise reduction. In addition, prior to occupancy, a random selection of units shall be tested to provide evidence that the required allowable noise levels were achieved.
D.
Exception.
An exception may be granted, subject to approval by the city council,
for exterior noise levels to exceed sixty-five dBA when there are
existing freeway noise walls that were constructed to mitigate exterior
noise levels for the affected property, and where no other acceptable
means of mitigation are available.
(Ord. 868 § 1, 1987; Ord. 1157 § 1, 2006)
A.
Notwithstanding the provisions of Sections 8.36.030 through 8.36.070 of this chapter, it is unlawful for any person to make, continue, or cause to be made or continued, within the limits of the city, any loud, unnecessary or unusual noise which causes discomfort or annoyance to any reasonable person of normal sensitivity in the area.
B.
The
characteristics and conditions to be considered in determining a violation
of the provisions of this section include, but are not limited to,
the following:
1.
The
intensity of the noise;
2.
Whether
the nature of the noise is usual or unusual;
3.
The
level and intensity of background noise;
4.
The
proximity of the noise to sleeping facilities;
5.
The
nature and zoning of the area within which the noise is heard or from
which it emanates;
6.
The
density of habitation of the area within which the noise is heard
or from which it emanates;
7.
The
time of day or night the noise occurs;
8.
The
duration of the noise;
9.
Whether
the noise is recurrent, intermittent or constant;
10.
Whether the noise is produced by a commercial or noncommercial activity.
C.
The considerations in subsection B of this section shall be considered in addition to the noise levels set forth in Section 8.36.040 of this chapter in determining a violation. However, noises do not necessarily need to exceed those noise level limits to be considered unnecessary or unusual so as to cause discomfort or annoyance to persons in the area.
(Ord. 868 § 1, 1987)
It is unlawful for any person to operate, permit, use or cause
to operate, any of the following, other than between the hours of
seven a.m. to eight p.m. of any one day:
A.
Powered
model vehicles;
B.
Loading
and unloading vehicles such as trash collectors, forklifts or cranes
within five hundred feet of a residence;
C.
Domestic
power tools.
(Ord. 868 § 1, 1987)
A.
It is unlawful for any person within a residential zone, or within a radius of five hundred feet therefrom, to operate equipment or perform any outside construction or repair work on any building, structure or project, or to operate any pile driver, steam shovel, pneumatic hammer, steam or electric hoist or other construction-type equipment or device between the hours of eight p.m. of one day and seven a.m. of the next day, at any time on Sunday, or at any time on any public holiday in such a manner that a reasonable person of normal sensitivity residing in the area is caused discomfort or annoyance unless beforehand a permit therefor has been duly obtained in accordance with the provisions of subsection B of this section. No permit shall be required to perform emergency work. "Public holiday," as used in this section, means the day upon which each of the following holidays is recognized and celebrated as a holiday by the employees of the city: Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve, Christmas, New Year's Eve, New Year's, Washington's Birthday, Memorial Day or any other holiday recognized as such by the city council.
B.
A permit
may be issued authorizing the work prohibited by this section whenever
it is found that the public interest will be served thereby. An application
for such a permit shall be in writing, shall be accompanied by an
application fee in the amount of fifty dollars, or as from time to
time an amount set by a resolution of the city council, and shall
set forth in detail facts showing that the public interests will be
served by the issuance of such permit. Such application shall be made
to the building and safety division of the department of community
development. The building official shall be responsible for the administration
and enforcement of the provisions of this section and shall have the
authority to issue such permits. He shall coordinate the processing
of each application for a permit with such departments as he deems
will be affected by the issuance of the permit.
(Ord. 868 § 1, 1987)
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of Section 8.36.080 of this chapter, but such enumeration shall not be deemed to be exclusive:
A.
Mufflers
or Sound-dissipative Devices. No person shall operate or cause to
be operated any motor vehicle in violation of the exhaust noise levels
as established by the State of California Vehicle Code, Division 12,
Chapter 5, Article 2 or any successor thereto.
B.
Horns
and Signaling Devices. No person shall operate or cause to be operated
any motor vehicle horn, siren or amplification device in violation
of the State of California Vehicle Code, Division 12, Chapter 5, Article
1, or any successor thereto.
C.
Motorized
Recreational Vehicles Operating Off Public Right-of-way. No person
shall operate or cause to be operated any motorized recreational vehicle
off a public right-of-way in such a manner that the sound levels emitted
therefrom violate the provisions of this chapter.
D.
Standing
Motor Vehicles. No person shall operate or permit the operation of
any motor vehicle with a gross vehicle weight (GVWR) in excess of
ten thousand pounds, or of any auxiliary equipment attached to such
a vehicle, for a period longer than fifteen minutes in any hour between
the hours of seven p.m. of one day and seven a.m. of the next day
while the vehicle is stationary, and within one hundred fifty feet
of a residential area or designated noise-sensitive zone, except when
movement of such vehicle is restricted by other traffic.
E.
Vehicle
or Motorboat Repairs and Testing. It is unlawful for any person to
repair, rebuild, modify or test any motor vehicle, motorcycle or motorboat
in such a manner as to cause a noise disturbance on residential property.
F.
Hawkers
and Peddlers. It is unlawful for any person to sell anything by outcry
within any area of the city utilized for residential or commercial
purposes. This section shall not be construed to prohibit the selling
by outcry of merchandise, food and beverages at licensed sporting
events, parades, fairs, circuses and similar licensed public entertainment
events or auctions.
G.
Animals
and Fowl. No person shall keep or maintain, or permit the keeping
of upon any premises owned, occupied or controlled by such person,
any animal or fowl otherwise permitted to be kept which, by any sound,
cry or behavior shall cause discomfort or annoyance to any reasonable
person of normal sensitivity in the area.
H.
Vibration.
It is unlawful to operate or permit the operation of any device that
creates a vibration which is above the vibration perception threshold
of an individual at or beyond the property boundary of the source
if on private property or at one hundred fifty feet from the source
if on a public space or public right-of-way.
(Ord. 868 § 1, 1987)
The following noise sources are specifically excluded from the
provisions of this chapter:
A.
The
emission of sound for the purpose of alerting persons to the existence
of an emergency, or the emission of sound in the performance of emergency
work;
B.
The
operation of refuse collection under franchise agreement with the
city.
(Ord. 868 § 1, 1987)
Those commercial and/or industrial noise sources in existence
prior to the date of adoption of the ordinance codified in this chapter,
which noise sources are an integral part of a building, structure
or similar fixed and permanent installation otherwise in compliance
with local zoning statutes, shall have a five-year period from the
date of adoption with which to comply with the provisions of this
chapter. If at the end of the five-year period it can be shown that
compliance with the provisions of this chapter constitutes a hardship
in terms of technical and economic feasibility, the time to comply
may be extended by the city council following a hearing on the matter,
on an annual basis until such time a compliance may be effected.
(Ord. 868 § 1, 1987)
Any person violating any of the provisions of this chapter is
deemed guilty of an infraction.
(Ord. 868 § 1, 1987)
Any person having been convicted of a violation of any provisions
of this chapter, who thereafter commits a violation of the same provision
of this chapter, shall be guilty of a misdemeanor.
(Ord. 868 § 1, 1987)
