The City Council finds and declares that:
A. The
policy of the City is to prohibit unnecessary, excessive and annoying
noises from all sources subject to its police power;
B. Inadequately
controlled noise presents a growing danger to the health and welfare
of the residents of the City;
C. At certain
levels noises are detrimental to the health and welfare of the citizenry;
D. Disturbing,
excessive, or offensive noises within the jurisdictional limits of
the City is a condition which has persisted and the level and frequency
of occurrence of such noises continue to increase;
E. Prolonged
or excessive noises which are unusual in their time, place, and use
affect and are a detriment to the public health, comfort, convenience,
safety, welfare, and prosperity of the residents of the City;
F. Every
person is entitled to an environment in which the noise is not detrimental
to his or her life, health, and enjoyment of property; and
G. The
provisions and prohibitions in this chapter are declared to be a matter
of legislative determination and public policy and are further declared
to protect and promote public health, comfort, convenience, safety,
welfare, prosperity, peace and quiet.
(Ord. 558 § 3, 2019)
Whenever the following words and phrases are used in this chapter,
they have the meaning ascribed to them in this section:
"Ambient noise level"
means the noise level at a given location and time that exists
as a result of the combined contribution in that location of all sound
sources, excluding the contribution of a source or sources under investigation
for violation of this code.
"Average noise level"
means a noise level typical of the noise levels at a certain
place during a given period of time, which normal, unamplified sound
is clearly and distinctly audible above ambient noise level.
"Construction equipment"
means any tools, machinery or equipment used in connection
with grading or construction activities and includes, but is not limited
to, backhoes, air compressors, excavators, jack-hammers, rock-chippers,
concrete saws, pipe ventilation fans, generators, and pumps.
"Container"
means any receptacle, regardless of contents, manufactured
from wood, metal, plastic, paper, or any other material including,
but not limited to, any barrel, basket, box, crate, tub, bottle, can
or refuse container.
"Disturbing, excessive or offensive noise"
means:
1.
Any sound or noise which constitutes a nuisance involving discomfort
or annoyance to persons of normal sensitivity residing in the area;
2.
Any sound or noise conflicting with criteria standards or levels
as set forth in this chapter for permissible noises;
3.
Any sound or noise conflicting with criteria standards or levels
established by Federal or State Government which are applicable in
the City.
"Emergency work"
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.
"Impulsive sound"
is sound of short duration, usually less than one second,
with an abrupt onset and rapid decay. By way of example "impulsive
sound" includes, but is not limited to, explosions, musical
base drum beats, or the discharge of firearms.
"Motor vehicles"
means any and all self-propelled vehicles as defined in the
California
Vehicle Code and specifically includes, but shall not be
limited to, automobiles, trucks, motorcycles, mini-bikes and gocarts.
"Noise disturbance"
means any sound which causes discomfort or annoyance to persons
of normal sensitivity residing in the area.
"Noise level"
means the composite noise from all sources near and far.
In this context, the noise level constitutes a normal or existing
level of environmental noise at a given location and time. Noise is
measured in units called decibels (dB) and is often expressed in A-weighted
decibels (dBA), which is a more accurate representation of how the
human ear perceives sound. Time averaged noise levels of one hour
are expressed by the symbol LEQ. The maximum noise level produced
is expressed by the symbol LMAX.
"Powered model vehicles"
means, but is not limited to, airborne, waterborne, or land
borne vehicles such as drones, model airplanes, model boats, and model
vehicles of any type or size which are not designed for carrying persons
or property and which can be propelled in any form other than manpower
or wind power.
(Ord. 558 § 3, 2019)
If there is any conflict among sections in this chapter or between
the sections in this chapter and any other applicable law or regulation,
the provision which contains the most restrictive limits applies.
(Ord. 558 § 3, 2019)
It is unlawful for any refuse compacting, processing, or collection
vehicle to operate on any property in or adjacent to residential zones,
except between the hours of 7:00 a.m. and 10:00 p.m.
(Ord. 558 § 3, 2019)
It is unlawful for any person to operate, or permit to be operated,
an engine-powered parking lot or sidewalk sweeper or blower or high
pressure cleaning device between the hours of 10:00 p.m. to 7:00 a.m.,
or on a Sunday or on a Federal holiday in or adjacent to any residential
zone.
(Ord. 558 § 3, 2019)
It is unlawful to operate any lawn mower, backpack blower, lawn
edger, leaf blower, riding tractor, or any other machinery, equipment,
or other device, or any hand tool which creates a loud, raucous or
impulsive sound, within or adjacent to any residential zone between
the hours of 10:00 p.m. and 7:00 a.m. of the following day.
(Ord. 558 § 3, 2019)
It is unlawful to create any disturbing or raucous noises by
racing or accelerating the engine of any motor vehicle while moving
or not moving, by willfully backfiring any engine, or by screeching
tires.
(Ord. 558 § 3, 2019)
A. Prohibitions.
Except for emergency work or work that has been expressly approved
by the City, it is unlawful for any person to operate any single or
combination of powered construction equipment at any construction
site, as follows:
1. It
is unlawful for any person to operate any single or combination of
powered construction equipment at any construction site on Mondays
through Saturdays except between the hours of 7:00 a.m. and 7:00 p.m.,
unless expressly approved by the Director of Planning and Building
or the Director of Engineering, as applicable.
2. It
is unlawful for any person to operate any single or combination of
powered construction equipment at any construction site on Sundays
or City recognized holidays unless expressly approved by the Director
of Planning and Building or the Director of Engineering, as applicable.
3. No construction equipment is permitted to be started, idled, moved or operated at any location before 7:00 a.m. or after 7:00 p.m. on Mondays through Saturdays and all times on Sundays and holidays, described in subsection
(A)(2) of this section. Specific exemptions may be authorized by the Director of Planning and Building or the Director of Engineering, as applicable.
4. Construction
equipment with a manufacturer's noise rating of 85 dBALMAX or
greater, may only operate at a specific location for 10 consecutive
workdays. If work involving such equipment will involve more than
10 consecutive workdays, a notice must be provided to all property
owners and residents within 300 feet of the site no later than 10
days before the start of construction. The notice must be approved
by the City and describe the project, the expected duration, and provide
a point of contact to resolve noise complaints.
(Ord. 558 § 3, 2019; Ord. 612 § 2, 2023)
It is unlawful for any person to sound or permit the sounding
outdoors of any fire alarm, siren or similar stationary emergency
signaling device except in the following instances:
A. For
emergency purposes; or
B. For
testing, provided that each time such a test is performed, the test
uses only the minimum cycle test time and in no case exceeds four
minutes and does not occur before 9:00 a.m. or after 5:00 p.m.
(Ord. 558 § 3, 2019)
Notwithstanding any other provisions of this chapter, it is
unlawful for any person to create, maintain or cause to be created
or maintained any sound within the interior of any multiple-family
dwelling unit which causes the average noise level to be exceeded
in any other dwelling unit at any time between the hours of 10:00
p.m. and 7:00 a.m.
(Ord. 558 § 3, 2019)
It is unlawful for any person to operate any motorized model
vehicle outdoors except between the hours of 7:00 a.m. and 10:00 p.m.
(Ord. 558 § 3, 2019)
It is unlawful for any person to operate or permit to be operated
or used any sound signal device or sound-amplifying equipment attached
to a motor vehicle or manually propelled vehicle from which food or
any other items are sold, which emits a sound signal more frequently
than once every 10 minutes in any one street block and with a duration
of more than 10 seconds for any single emission.
(Ord. 558 § 3, 2019)
For any noise source not specifically addressed in this chapter, except where exempted or excluded by Section
5.04.170, the following general limitations apply:
A. Between
10:00 p.m. and 7:00 a.m., it is unlawful for any person to generate
any noise on the public way that is louder than average conversational
level at a distance of 50 feet or more, vertically or horizontally,
from the source.
B. Between
10:00 p.m. and 7:00 a.m., no person is permitted to generate any noise
on any private open space that is louder than average conversational
level at a distance of 50 feet or more, measured from the property
line of the property from which the noise is being generated.
(Ord. 558 § 3, 2019)
The Noise Control Officer has primary responsibility for the
enforcement of chapter, except where preempted by Federal or State
law. The Noise Control Officer may be assisted by the Sheriff as needed.
(Ord. 558 § 3, 2019)