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 conversational level"
means a level at which normal, unamplified speech is clearly and distinctly audible above ambient noise level.
"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 control officer"
means the Director of Community Services.
"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.
"Sound-amplifying equipment"
means any machine or device, mobile or stationary used to amplify music, the human voice, or any sound.
(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)
A. 
General Prohibitions. It is unlawful for any person to make, continue, or cause to be made or continued, within the limits of the City, any disturbing, excessive or offensive noise which causes discomfort or annoyance to reasonable persons of normal sensitivity residing in the area. The characteristics and conditions which should be considered in determining whether a violation of the provisions of this section exists, include, but are not limited to, the following:
1. 
The level of the noise;
2. 
Whether the nature of the noise is usual or unusual;
3. 
Whether the origin of the noise is natural or unnatural;
4. 
The level of the background noise;
5. 
The proximity of the noise to sleeping facilities;
6. 
The nature and zoning of the area within which the noise emanates;
7. 
The density of the inhabitation of the area within which the noise emanates;
8. 
The time of day or night the noise occurs;
9. 
The duration of the noise;
10. 
Whether the noise is recurrent, intermittent, or constant; and
11. 
Whether the noise is produced by a commercial or noncommercial activity.
B. 
Disturbing, Excessive or Offensive Noises. The following acts, among others, are declared to be disturbing, excessive and offensive noises in violation of this section:
1. 
Horns, Signaling Devices or Similar Devices. Violations for disturbing, excessive or offensive noises associated with the use or operation of horns, signaling device or similar devices, on automobiles, motorcycles, or any other vehicle, except as provided elsewhere in this code, will be prosecuted under applicable provisions of the California Vehicle Code.
2. 
Radio, Television, Music, Sound Amplifiers, and Similar Devices.
a. 
Uses Restricted. No person is permitted to play, use, operate, or allow to be played, used or operated, any radio, musical instrument, television, loudspeaker, bullhorn, amplifier, public address system, musical instrument, or other machine or device that produces sound in such manner that disturbs the peace, quiet and comfort of persons of normal sensitivity in the area.
b. 
Prima Facie Violations. The operation of any device in subsection (B)(2)(a) between the hours of 10:00 p.m. and 7:00 a.m., in such a manner as to be louder than the average conversational level at a distance of 50 feet from the building, structure or vehicle in which it is located, measured vertically or horizontally, is prima facie evidence of a violation of this section.
c. 
The limitations imposed in this section do not apply between the hours of 7:00 a.m. and 10:00 p.m. to a person participating in: (i) a public assembly; or (ii) a parade, athletic event, or outdoor special event; provided that a permit has been issued for the parade, athletic event or outdoor special event, if required, and the person is in compliance with the permit.
d. 
The limitations imposed in this section do not apply to emergency signal devices as described in Section 5.04.100 of this code.
3. 
Disturbing or raucous yelling, shouting, hooting, whistling or singing on the public streets, between the hours of 10:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of neighboring residents or persons of normal sensitivity within the area for whatever reason, is prohibited. This provision may not be construed to prohibit the selling by outcry of merchandise, food and beverages at sporting events, parades, fairs, celebrations, festivals, circuses, carnivals and other similar special events for public entertainment.
4. 
Heating and Air Conditioning Equipment and Generators.
a. 
It is unlawful for any person to operate or allow the operation of any generator, air conditioning, refrigeration or heating equipment in such manner as to create a noise disturbance on the premises of any other occupied property, or if a condominium, apartment house, duplex, or attached business, within any adjoining unit.
b. 
All generators, heating, air conditioning, or refrigeration equipment are subject to the setback and screening requirements in this code.
5. 
Pool Heaters, Pumps and Filtering Equipment.
a. 
It is unlawful for any person to operate or allow the operation of any pool heater, pump or filtering equipment in such manner as to create a noise disturbance on the premises of any other occupied property, or if a condominium, apartment house, duplex, or attached business, within any adjoining unit.
b. 
All pool heater, pumps and filtering equipment are subject to the setback and screening requirements listed in this code.
6. 
Animals and Fowl. It is unlawful to keep, maintain, or allow to be kept or maintained on any premises any animal or fowl that causes annoyance or discomfort to persons of normal sensitivity adjacent to the owner's property by any frequent or continuous noise; provided, however, that this section does not apply to occasional noises emanating from legally operated dog and cat hospitals, humane societies, pounds, farm and/or agricultural facilities, or areas where keeping of animals or fowl are permitted.
7. 
Schools, Courts, Churches, Hospitals. It is unlawful to create any noise that disrupts the workings of any of the following institutions while they are in use and if there are signs indicating the presence of such institution:
a. 
School, institution of learning (except recreational areas of schools), church, court or library;
b. 
A hospital, rest home, or long-term medical or mental health care facility.
(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)
A. 
It is unlawful for any person to engage in loading, unloading, opening, idling of trucks, closing or other handling of boxes, crates, containers, building materials, garbage cans, dumpsters or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance within or adjacent to a residential district.
B. 
It is unlawful for any person to cause, permit, or facilitate a violation of subsection A.
(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)
A. 
Emergency Work. The provisions of this chapter do not apply to any emergency work, provided that:
1. 
The Noise Control Officer has been notified in advance, if possible, or as soon as practical after the emergency; and
2. 
Any motor vehicle, apparatus, or equipment used, related to or connected with emergency work is designed, modified or equipped to reduce sounds produced to the lowest possible level consistent with effective operation of such vehicle, device, apparatus, or equipment.
B. 
Sporting, Entertainment, Public Events. The provisions of this chapter do not apply to:
1. 
Sporting, entertainment, and public events which are conducted pursuant to a license or permit issued by the City for which noise has been a consideration;
2. 
Reasonable sounds emanating from a sporting, entertainment, or public event, or school bands, school athletic and school entertainment events; provided, however, it is unlawful to exceed the average noise level when at or within the property lines of any property which is developed and used either in part or in whole for residential purposes unless an exception has been granted allowing sounds in excess of the levels.
C. 
Federal or State Preempted Activities. The provisions of this chapter do not apply where preempted by State or Federal law.
D. 
Agricultural Operations. Equipment associated with agricultural operations may exceed the average noise level, provided that all equipment and machinery powered by internal-combustion engines is equipped with a proper muffler and air intake silencer in good working order; and provided further, that:
1. 
Motorized farm equipment operations do not take place between 7:00 p.m. and 7:00 a.m.;
2. 
Such operations and equipment are used to protect or salvage agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; or
3. 
Such operations and equipment are associated with agricultural pest control through pesticide application, provided the application is made in accordance with all applicable laws, regulations and permits.
(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)