The ordinance codified in this chapter may be cited as the "Stanislaus
County Noise Control Ordinance."
(Ord. CS 1070 §2, 2010)
The Stanislaus County board of supervisors hereby finds that
every person is entitled to an environment in which the noise is not
detrimental to his or her life, health, and enjoyment or property;
that the peace, health, safety, and welfare of its citizens require
protection from disturbing, excessive, offensive and loud noises from
any and all sources in the unincorporated areas of the county; and
the establishment of maximum permissible noise levels will further
the public health, safety, welfare and peace and quiet of county inhabitants.
In order to control unnecessary, excessive and annoying noise
in the county, it is hereby declared to be the policy of the county
to prohibit such noise generated from or by all sources as specified
in this chapter. It shall be the policy of the county to maintain
quiet in areas that exhibit low noise levels and to implement programs
aimed to reduce noise in those areas within the county where noise
levels are above acceptable values.
It is determined that certain noise levels are detrimental to
the public health, welfare and safety, and are contrary to public
interest. Therefore, the board of supervisors declares that creating,
maintaining, causing or allowing to be created, caused or maintained,
any noise 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. (Ref. California Noise Control Act of 1973, Division 28,
Sections 46000 et seq., of the California
Health and Safety Code.)
(Ord. CS 1070 §2, 2010)
The following sound sources are subject to the following additional
standards. The failure to comply with these additional standards constitutes
a separate violation of this chapter:
A. Motor
Vehicle Sound Systems. No person shall operate a motor vehicle sound
system, whether affixed to the vehicle or not, between the hours of
ten p.m. and seven a.m., such that the sound system is audible to
the human ear inside any inhabited dwelling. No person shall operate
a motor vehicle sound system, whether affixed to the vehicle or not,
at any other time such that the sound system is audible to the human
ear at a distance greater than fifty feet from the vehicle. (Ref.
California
Vehicle Code Section 27007.)
B. Power
Tools and Equipment. No person shall operate any power tools or equipment
between the hours of ten p.m. and seven a.m. such that the power tools
or equipment are audible to the human ear inside an inhabited dwelling
other than a dwelling in which the power tools or equipment may be
located. No person shall operate any power tools or equipment at any
other time such that the power tools or equipment are audible to the
human ear at a distance greater than one hundred feet from the power
tools or equipment.
C. Audio
Equipment. No person shall operate any audio equipment, whether portable
or not, between the hours of ten p.m. and seven a.m. such that the
equipment is audible to the human ear inside an inhabited dwelling
other than a dwelling in which the equipment may be located. No person
shall operate any audio equipment, whether portable or not, at any
other time such that the equipment is audible to the human ear at
a distance greater than fifty feet from the equipment.
D. Sound-Amplifying
Equipment and Live Music. No person shall install, use or operate
sound-amplifying equipment, or perform, or allow to be performed,
live music unless the sound emanating from the sound-amplifying equipment
or live music shall not be audible to the human ear at a distance
greater than two hundred feet. To the extent that these requirements
conflict with any conditions of approval attached to an underlying
land use permit, these requirements shall control.
E. Construction
Equipment. No person shall operate any construction equipment so as
to cause at or beyond the property line of any property upon which
a dwelling unit is located an average sound level greater than seventy-five
decibels between the hours of seven p.m. and seven a.m.
F. Burglar
Alarms. Any building burglar alarm must have an automatic cutoff,
capable of terminating its operation within fifteen minutes of the
time it is activated. Notwithstanding the requirements of this provision,
any member of the sheriff's department 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. Any structure upon which
a burglar alarm has been installed shall prominently display the telephone
number at which communication may be made with the owner of such structure.
G. Vehicle
Alarms. 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 fifteen minutes of the time it is
activated. Notwithstanding the requirements of this provision, any
member of the sheriff's department of Stanislaus County 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. (Ref. California
Vehicle Code
Section 22651.5.)
(Ord. CS 1070 §2, 2010)
Operating or permitting the operation of any device that creates
vibration that is above the vibration perception threshold of any
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 is prohibited. For the purpose
of this section, "vibration perception threshold" means the minimum
ground-borne or structure-borne vibration motion necessary to cause
a reasonable 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, or a measured motion velocity of 0.01 in/sec over
the range of one to one hundred Hertz.
(Ord. CS 1070 §2, 2010)
The following sources are exempt from the provisions of this
chapter:
A. Sounds
for the purpose of alerting persons to the existence of an emergency;
B. Radios,
sirens, horns, and bells on police, fire, and other emergency response
vehicles;
C. Parades,
fireworks displays, and other special events for which a permit has
been obtained from the county are exempted provided there is compliance
with all conditions that have been noted in writing on the permit.
Noise produced as a result of noncompliance with any condition specified
on the permit is not exempted from the requirements of this chapter;
D. Activities
on or in publicly owned property and facilities, or by public employees
while in the authorized discharge of their responsibilities, are exempt
provided that such activities have been authorized by the owner of
such property or facilities or its agent or by the employing authority;
E. Religious
worship activities, including, but not limited to, bells, organs,
singing, and preaching;
F. Locomotives
and other railroad equipment, and aircraft;
G. The collection of solid waste is exempted to the extent that the noise of such collection is regulated by the Stanislaus County refuse ordinance (Chapters
9.02,
9.04,
9.08,
9.09,
9.10 and
9.12). Noise not covered by the Stanislaus County refuse ordinance is not exempted from the requirements of this chapter.
H. Agricultural activity, as such term is defined in Section
9.32.010(B), and any operation, facility or appurtenances thereof, that are conducted or maintained on agricultural lands for commercial purposes in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in Stanislaus County.
I. Federal
or State Preempted Activities. This chapter shall not apply to any
activity to the extent regulation thereof has been preempted by state
or federal law.
J. Public
Entity or Public Utility Activity. This chapter shall not apply to
construction or maintenance activities performed by or at the direction
of any public entity or public utility.
K. Residential
Maintenance Activity. Noise associated with the maintenance of residential
property, including, but not limited to, the operation of lawnmowers,
leaf blowers, etc., provided such activity occurs between the hours
of seven a.m. and ten p.m.
(Ord. CS 1070 §2, 2010)
Stanislaus County sheriff officers shall have the primary responsibility for enforcement of this chapter. Violations may be prosecuted as described in Section
10.46.120 of this chapter, but nothing in this chapter shall prevent the sheriff from engaging in efforts to obtain voluntary compliance by means of warnings, notices, educational programs or any other means.
(Ord. CS 1070 §2, 2010)
No person shall refuse to cooperate with, or obstruct, the enforcement
officials identified herein when they are engaged in the process of
enforcing the provisions of this chapter. This duty to cooperate may
require a person to extinguish a sound source so that it can be determined
whether sound emanating from the source violates the provisions of
this chapter.
(Ord. CS 1070 §2, 2010)