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:
"Ambient noise level"
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.
"A-weighted sound level"
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.
"Commercial area"
means land utilized for business purposes other than residential or industrial uses;
"Day"
means the time period from seven a.m. to ten p.m. of any one day.
"Decibel (dB)"
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.
"Domestic power tools"
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.
"Emergency"
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.
"Emergency work"
means any work performed necessary to restore property to a safe condition due to property damage threatened or caused by an emergency.
"Enforcement officer"
means the building official or his designee who may enforce the provisions of this chapter.
"Equivalent A-weighted sound level (Leg)"
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.
"Fixed noise source"
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.
"Gross vehicle weight rating (GVWR)"
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.
"Impulsive sound"
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).
"Industrial area"
means land utilized for industrial, manufacturing and wholesale uses.
"Intrusive sound"
means a sound which intrudes over and above the existing ambient noise level at a given location.
"Mobile noise source"
means any noise source other than a fixed source.
"Motor vehicles"
means any and all self-propelled vehicles, on or off road, subject to identification under the California Vehicle Code.
"Muffler or sound dissipation device"
means a device for abating the sound of escaping gases of an internal combustion engine.
"Night"
means the time period from ten p.m. of one day up to seven a.m. of the next day.
"Noise disturbance"
means any sound which:
a. 
Endangers or injures the safety or health of humans or animals; or
b. 
Annoys or disturbs a reasonable person of normal sensitivities; or
c. 
Endangers or injures personal or real property.
"Noise sensitive areas"
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.
"Person"
means any individual, association, partnership, or corporation, or entity public or private and includes any officer, employee, department, or agency of such person.
"Powered model vehicle"
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.
"Residential area"
means land which is utilized or zoned for residential purposes.
"Residential low density"
means any residential zone which permits four or less residential units per acre.
"Residential medium density"
means any residential zone which permits seven residential units per acre.
"Residential high density"
means any residential zone which permits more than seven residential units per acre.
"Sound amplifying equipment"
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.
"Sound level meter"
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.
"Sound truck"
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.
"Vibration perception threshold"
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.
"Weekday"
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 director of community development, 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)