Note: §§ 8.40.140, 8.40.160 and 8.40.170
repealed by Ord. 3940-7/12.
A.
In order
to control unnecessary, excessive and annoying sounds emanating from
incorporated areas of the City, it is hereby declared to be the policy
of the City to prohibit such sounds generated from all sources as
specified in this chapter.
B.
It is
determined that certain noise levels are detrimental to the public
health, welfare and safety and contrary to public interest; therefore,
the City Council does ordain and declare that creating, maintaining,
causing or allowing to create, maintain or cause 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.
(2379-7/79)
The following words, phrases and terms as used in this chapter
shall have the meaning as indicated below:
means the all-encompassing noise level associated with a
given environment, being a composite of sounds from all sources, excluding
the alleged offensive noise, at the location and approximate time
at which a comparison with the alleged offensive noise is to be made.
means the overall frequency-weighted sound level in decibels
that approximates the frequency response of the human ear as represented
by the A-weighted network. The reference pressure is 20 micropascals.
means a parcel of real property which is developed and used
either in part or in whole for commercial purposes including, but
not limited to, retail and wholesale businesses and professional offices.
means an additive period or time composed of individual time
segments which may be continuous or interrupted.
means a unit which denotes the ratio between two quantities
which are proportional to power; the number of decibels corresponding
to the ratio of two amounts of power is 10 times the logarithm to
the base 10 of this ratio.
means a mechanically-powered saw, sander, drill, grinder,
lawn or garden tool, snow blower, leaf blower or similar device that
is used in residential areas for work that is typically done by or
for residential occupants.
means any machinery, vehicle or work used, employed or performed
in an effort to protect, provide or restore safe conditions in the
community or for the citizenry, or work by private or public utilities
when restoring utility service.
means the value of an equivalent, steady sound level which,
in a stated time period, has the same sound energy as the time-varying
sound. Thus, the Leq metric is a single numerical value that represents
the equivalent amount of variable sound energy received at a location
over the specified duration.
means a stationary device or point source which creates sounds
while fixed or motionless, including, but not limited to, industrial
and commercial machinery and equipment, pumps, fans, compressors,
generators, air conditioners and refrigeration equipment, or an area
source such as a special event on a property. That is, all sources
that are non-mobile transportation sources (e.g., vehicle traffic
on public roads and aircraft).
means any excavating or filling of earth material, or any
combination thereof, conducted to prepare said site for construction
or the placement of the improvements thereon.
means the noise produced by the collision of one mass in
motion with a second mass which may be either in motion or at rest.
means sound of short duration, usually less than one second,
with an abrupt onset and rapid decay.
means a parcel of real property which is developed and used
in part or in whole for manufacturing purposes including research
and development uses.
means any machine, however powered, used to blow leaves,
dirt and other debris off sidewalks, driveways, lawns and other surfaces.
means the highest RMS sound level measured during the measurement
period.
means any noise source other than a fixed noise source.
means any vessel which operates on water and which is propelled
by a motor, including, but not limited to, boats, barges, amphibious
craft, water ski towing devices and hover craft.
means the "A" weighted sound pressure level in decibels obtained
by using a sound level meter at slow response with a reference pressure
of 20 micropascals (micronewtons per square meter). The unit of measurement
shall be designated as dBA.
means an area of real property with a separate or distinct
number or other designation shown on a plat recorded in the office
of the County Recorder. Contiguous parcels owned by the same individual
or entity shall be considered one parcel for purposes of this chapter.
means a person, firm, association, co-partnership, joint
venture, corporation or any entity, public or private in nature.
means a noise characterized by a predominant frequency or
frequencies so that other frequencies cannot be readily distinguished.
means a parcel of real property which is developed and used
either in part or in whole for residential purposes, other than transient
uses such as hotels or motels.
means the square root of the average of the square of the
sound pressure over the measurement period.
means a noise characterized by a predominant frequency or
frequencies so that other frequencies cannot be readily distinguished.
In case of dispute, a simple tone noise shall exist if the one-third
octave band sound pressure level in the band with the tone exceeds
the arithmetic average of the sound pressure levels of the two contiguous
one-third octave bands by five dB for center frequencies of 500 Hz
and above and by eight dB for center frequencies between 160 and 400
Hz and by 15 dB for center frequencies less than or equal to 125 Hz.
means any machine or device used for the amplification of
the human voice, music, or any other sound, excluding standard automobile
stereos when used and heard only by the occupants of the vehicle and,
as used in this chapter, warning devices on authorized emergency vehicles
or horns or other warning devices on any vehicle used for traffic
safety purposes.
of a sound, in decibels, means 20 times the logarithm to
the base of 10 of the ratio of the pressure of the sound to the reference
pressure of 20 micropascals.
means a measure of vibration expressed on a logarithmic scale
with the reference velocity of one micro-inch per second (1x10-6 in/sec).
means residential, hotels, motels, schools, hospitals and
medical offices with vibration-sensitive equipment, churches, cultural
land uses, commercial, office and government uses. Outdoor areas with
no buildings and industrial and manufacturing uses are not considered
vibration sensitive.
(2379-7/79, 4222-9/21)
Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter which meets at least American National Standards Institute (ANSI) Type 2 standards. While the exterior noise standards in Section 8.40.050 are applied to the property line of the receiving use, the location for measuring noise levels may be at any legally accessible vantage point where a reasonable person would conclude the noise may exceed this chapter's noise standards. All noise level measurements shall be performed in accordance with the procedures established by the City and shall be at a height of at least four feet, at least four feet away from reflective surfaces, and for a duration of at least 15 minutes, where feasible. The measurement shall be made using the A-weighting network (dBA) with "slow" meter response. Impulsive or impact noises shall be measured using "fast" meter response. The purpose of the measurement is to determine if the alleged noise violation exceeds the standards established in Section 8.40.050. If for any reason the alleged offending noise cannot be turned off, shut down or temporarily removed from the area, then the ambient noise shall be estimated by performing a representative measurement in the same general area of the source but at a sufficient distance such that the noise source is inaudible.
(2379-7/79, 3940-7/12, 4222-9/21)
A.
The
following exterior noise standards shall apply to the applicable land
use. It is unlawful for any person at any location within the incorporated
area of the City to create any noise due to a fixed noise source (or
any mobile source not preempted by State or Federal laws), or to allow
the creation of any noise on property owned, leased, occupied, or
otherwise controlled by such person, which causes the noise level
when measured at the property line of any residential, hotel, motel,
public institutional, recreational, or commercial property, either
within or outside the City, to exceed the applicable noise standards:
|
Exterior Noise Standards
| |||
|---|---|---|---|
|
Land Use
|
Leq Noise Level dBA
|
Lmax Noise Level dBA
|
Time Period
|
|
Low-Density Residential
|
55
|
75
|
7 a.m.–10 p.m.
|
|
50
|
70
|
10 p.m.–7 a.m.
| |
|
Low-Density Residential
|
55
|
75
|
7 a.m.–10 p.m.
|
|
Medium-, High-Density Residential, Hotels, Motels
|
60
|
80
|
7 a.m.–10 p.m.
|
|
50
|
70
|
10 p.m.–7 a.m.
| |
|
Schools
|
55
|
75
|
Hours of Operation
|
|
Hospitals, Churches, Cultural, Museum, Library, Public Park,
Recreational
|
60
|
80
|
Hours of Operation
|
|
Commercial/Office
|
65
|
85
|
Hours of Operation
|
B.
The
above standard does not apply to the establishment of multifamily
residence private balconies and patios. Multifamily developments with
balconies or patios that do not meet noise standards are required
to provide occupancy disclosure notices to all future tenants regarding
potential noise impacts.
C.
The
above daytime (7:00 a.m.–10:00 p.m.) standards for hotels, motels
and commercial uses shall apply only to active outdoor use areas such
as a pool or outdoor courtyard.
D.
In the
event the alleged offensive noise consists entirely of impact or impulsive
noise, simple tone noise, speech, music, or any combination thereof,
each of the above noise levels shall be reduced by five dBA.
E.
If the
alleged offense affects a property outside the City's jurisdiction,
the exterior noise standards shall be enforced at the City boundary.
F.
In the
event the measured ambient noise level exceeds any of the noise limit
categories above, the noise limit shall be increased to reflect said
ambient noise level.
G.
In the
event that the noise source and the affected property are within different
land use categories, the noise standards of the affected property
shall apply.
(2379-8/79, 2788-9/85, 3940-7/12, 4222-9/21)
The following activities shall be exempt from the provisions
of this chapter:
A.
School
bands, school athletics and school entertainment events, provided
such events are conducted on school property or authorized by special
permit from the City.
B.
Activities
lawfully permitted in public parks, public playgrounds and public
or private school grounds.
C.
Any
mechanical device, apparatus or equipment used, related to or connected
with emergency City work, including City contractors.
D.
Noise
sources associated with construction, repair, remodeling, or grading
of any real property, provided that: (1) the City has issued a building,
grading or similar permit for such activities; (2) said activities
do not take place between the hours of 7:00 p.m. and 7:00 a.m., Monday
through Saturday, or at any time on Sunday or a Federal holiday; and
(3) the average construction noise levels do not exceed 80 dBA Leq
at nearby noise-sensitive land uses. If outdoor construction activities
are permitted by the City after 7:00 p.m. or before 7:00 a.m., the
average construction Noise Levels at nearby noise-sensitive land uses
shall be limited to 50 dBA Leq.
E.
Mobile
noise sources associated with pest control through pesticide application,
provided that the application is made in accordance with restricted
material permits issued by or regulations enforced by the Agricultural
Commissioner.
F.
Noise sources associated with the maintenance of real property and use of domestic power tools provided said activities take place between the hours of 8:00 a.m. and 7:00 p.m. Monday through Saturday or between the hours of 9:00 a.m. and 6:00 p.m. on Sunday or a Federal holiday. Noise from typical and occasional property maintenance and the use of domestic power tools which does not require a building permit shall not be subject to the noise limits in subsection D of this section.
H.
Any
activity or equipment to the extent that design regulation thereof
has been preempted by State or Federal laws.
I.
Noise
sources associated with temporary public or private events located
on private or public property, provided that a permit has been obtained
from the City.
J.
Noise
generated outdoors by business operations which are temporarily prohibited
from occurring indoors due to City-declared emergency conditions.
This applies only to City-approved businesses whose operations would
typically occur indoors. Noise generated by sound amplifying equipment
such as stereos or megaphones is not exempt.
(2379-7/79, 3131-4/92, 3940-7/12, 4222-9/21)
A.
Unlawful to Propel Debris Beyond Parcel Boundary. It is unlawful
for any person to use or operate any leaf blower in such a manner
as to blow, dispel or make airborne, dust, leaves, grass cuttings,
paper, trash or any other type of unattached debris or material, beyond
the parcel boundaries of the parcel being cleaned, unless the consent
of the adjoining owner or person in possession is obtained. It is
unlawful for any person to use or operate any leaf blower within the
City in such a way as to blow leaves, dirt and other debris onto the
public rights-of-way or private property and to allow such debris
to remain there in excess of 30 minutes.
B.
Special Prohibitions. It is unlawful for any person to operate
a leaf blower within a residential zone or within 100 feet of a residential
zone of the City of Huntington Beach, except under the following conditions:
1.
Time Restriction. Noise sources associated with the maintenance
of real property provided said activities take place between the hours
of 8:00 a.m. and 7:00 p.m. Monday through Saturday or between the
hours of 9:00 a.m. and 6:00 p.m. on Sunday or a Federal holiday.
2.
Distance Restriction. Leaf blowers shall not be operated within
a horizontal distance of 10 feet of any operable window, door, or
mechanical air intake opening or duct.
3.
Duration of Use Restriction. Leaf blowers shall not be operated
for more than 15 minutes per hour, per day, on parcels less than one-half
acre and no more than 30 minutes per hour on parcels greater than
one-half acre up to one acre. Leaf blowers shall not be operated for
more than two hours on parcels of one acre or more.
4.
Number Restriction. No person shall operate more than one
leaf blower per parcel on one-half acre, no more than two leaf blowers
on parcels greater than one-half acre and no more than three leaf
blowers on parcels greater than one acre or more.
5.
The
maximum decibel level of 70 dBA as measured 10 feet from the leaf
blower shall not be exceeded.
(3131-4/92, 4222-9/21)
It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church while same is in use, to exceed the noise limits specified for exterior noise standards in Section 8.40.050, or which noise level unreasonably interferes with the use of such institutions, including, unreasonably disturbs or annoys persons at a school, hospital or church, provided conspicuous signs are displayed in three separate locations within one-tenth of a mile of the institution indicating the presence of a school, hospital or church.
(2379-7/79, 4222-9/21)
A.
It is
unlawful for any person to willfully make or continue, or cause to
be made or continued, any loud, unnecessary or unusual noise which
disturbs the peace or quiet of any neighborhood or which causes discomfort
or annoyance to any reasonable person of normal sensitiveness residing
in the area.
B.
In determining
whether a violation of the provisions of this section exists, the
City will determine:
1.
The
level of the noise;
2.
The
level and intensity of background noise, if any;
3.
The
proximity of the noise to residences;
4.
The
zoning where the noise emanates;
5.
The
density of the area within which the noise emanates;
6.
The
time the noise occurs;
7.
The
duration of the noise and its tonal content; and
8.
Whether
the noise is recurrent, intermittent or constant.
(3216-12/93, 4222-9/21)
It is unlawful for any person to:
A.
Use,
operate, or permit to be operated any radio, receiving set or device,
television set, musical instrument, phonograph, digital music player,
CD, DVD, tape player, juke box, or other sound-amplifying device for
producing or reproducing sound in such a manner as to disturb the
peace, quiet, and comfort of other persons.
B.
Make
or allow to be made any noise which continues for more than a five-minute
period between the hours of 10:00 p.m. and 7:00 a.m. if such noise
is audible for 50 feet or more from the source of the noise.
D.
When
within 200 feet of residences, load, unload, open, close or other
handling of boxes, crates, containers, building materials, refuse
handling 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 across a noise-sensitive
property line. This includes, but is not limited to, noise disturbances
related to commercial delivery operations, vehicle idling, vehicle
queuing, vehicle backup alarms, and vehicle refrigeration equipment.
E.
Repair,
rebuild, modify, or test any motor vehicle, motorcycle, or motorboat
in such a manner as to cause a noise disturbance across a noise-sensitive
property line.
F.
Operate,
play or permit the operation of any sound amplifying equipment in
any place of public entertainment at a sound level greater than 90
dBA as read by the slow response on a sound level meter at any point
that is normally occupied by customers, unless a conspicuous and legible
sign is located immediately outside or near the public entrance stating,
"Warning: Sound Levels Within May Cause Permanent Hearing Impairment."
G.
Sound
or permit the sounding of any amplified signal from such as a bell,
chime, siren, whistle, vehicle horn or similar device, intended primarily
for non-emergency purposes which causes a noise disturbance across
a noise-sensitive property line. Devices used in conjunction with
school and place of worship shall be exempt from this provision.
H.
Operate
or permit the operation of any motorboat in such a manner to cause
a noise disturbance across a noise-sensitive property line.
I.
Operate
or cause to be operated any motor vehicle or motorcycle not equipped
with a muffler or other sound dissipative device in good working order
and in constant operation. No person shall remove or render inoperative,
or cause to be removed or rendered inoperative, other than for purposes
of maintenance, repair, or replacement, any muffler or sound dissipative
device on a motor vehicle or motorcycle.
J.
Own,
maintain, control, or operate any premises or property where noise
continues after being informed, anytime within the preceding 30 days
by the Police Department or Community Development Department that
a violation of this chapter has been committed on said premises.
K.
Violations
of this section are hereby declared a nuisance per se.
(3514-12/01, 4222-9/21)
Notwithstanding other sections of this chapter, it is unlawful
for any person to create, maintain or cause any operational ground
vibration on any property which exceeds 72 VdB at nearby vibration-sensitive
land uses. The vibration limit at vibration-sensitive uses with high
sensitivity such as operations conducting medical research and imaging
shall be 65 VdB.
(4222-9/21)
A.
The
Director of Community Development ("Director") or Police Chief and
his or her duly authorized representatives are directed to enforce
the provisions of this chapter. The Director or Police Chief and their
duly authorized representatives are authorized pursuant to Penal Code
Section 836.5 to arrest any person without a warrant when they have
reasonable cause to believe that such person has violated a provision
of this chapter in their presence.
B.
If the
Director or Police Chief and their duly authorized representatives
conduct noise monitoring tests or other noise measurement readings
for purposes of enforcement, and the noise level is found to exceed
the noise levels in this chapter, the property owner or the operator
of the noise source shall be required to pay the City's cost of the
noise monitoring tests or readings.
(2379-7/79, 2533-2/82, 3216-12/93, 3940-7/12, 4222-9/21)
A.
An application
for a temporary permit to deviate from this chapter ("noise deviation
permit") shall be submitted to the Director with all prescribed information
and fees. In part, the application shall set forth: (1) all facts
regarding the request for deviation; (2) all actions the applicant
took to comply with the provisions of this chapter; (3) the reasons
why compliance with this chapter cannot be achieved; (4) any proposed
methods to minimize noise during the temporary activity; and (5) any
such additional information the Director may require.
B.
Within
10 days after receipt of a complete application, the City will notify
all property owners within 300 feet of the proposed application.
C.
A separate
application shall be filed for each noise source; provided, however,
that several mobile sources under common ownership, or several fixed
sources on a single property may be combined into one application.
D.
In all
cases, the Director shall process the application in compliance with
the California Environmental Quality Act.
E.
The Director may approve, conditionally approve or deny the noise deviation permit no sooner than 20 days after notification was provided to property owners within 300 feet of the proposed noise source of the application. In acting upon the application, the Director shall weigh the factors set forth at subsection A above, and those set forth in Section 8.40.111 of this chapter.
F.
The
Director's decision on the permit shall be served by mail upon the
applicant and all property owners within 300 feet of the proposed
noise source. The Director's decision shall be effective 11 days after
the mailing of the decision unless an appeal is filed.
G.
An applicant
for a permit shall remain subject to this chapter until a permit is
granted, and all rights to a hearing and appeal are exhausted.
(2379-7/79, 3940-7/12, 4222-9/21)
Appeal Process. A person desiring to appeal the Director's decision on a noise deviation permit shall file a written notice of appeal with the director within 10 days after the Director's decision. Notice of appeal shall be accompanied by a fee as set forth in the City's current fee resolution and shall follow the hearing requirements in Chapter 248 of the Huntington Beach Zoning and Subdivision Ordinance.
(3940-7/12, 4222-9/21)
