The city council finds and declares that:
A. 
Inadequately controlled noise presents a growing danger to the health and welfare of the residents of the city of Palm Desert; and
B. 
The making and creation of excessive, unnecessary or unusually loud noises within the limits of the city of Palm Desert is a condition that has existed for some time, however, the extent and volume of such noises is increasing; and
C. 
The making, creation or maintenance of such excessive, unnecessary, unnatural or unusually loud noises that are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city of Palm Desert; and
D. 
Every person is entitled to an environment in which the noise is not detrimental to his or her life, health, or enjoyment of property; and
E. 
The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted, is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the residents of the city of Palm Desert.
(Ord. 420, 1985; Ord. 1169 § 1, 2008; Ord. 1170 § 1, 2008)
"Ambient noise level"
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.
"Amplified music"
means instrumental and/or vocal music amplified through electronic means.
"Average sound level"
means a sound level typical of the sound levels at a certain place during a given period of time; also, means an equivalent continuous sound level.
"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 to read is designated db(A) or dBA.
"City manager"
means the city manager of the city of Palm Desert, or qualified designee.
"Commercial establishments"
includes, but is not limited to, any nightclub, restaurant, sports bar, industrial, retail or business establishment or combination thereof.
"Construction equipment"
means any tools, machinery or equipment used in connection with construction operations, including all types of "special construction" equipment as defined in the pertinent sections of the California Vehicle Code when used in the construction process on any construction site, home improvement site or property maintenance site, regardless of whether such site be located on-highway or off-highway.
"Cumulative period"
means an additive period of time composed of individual time segments which may be continuous or interrupted.
"Decibel"
means a unit measure of sound level noise.
"Disturbance"
means any disturbance of the peace as defined by Penal Code Section 415 or as otherwise defined herein.
"Disturbing, excessive or offensive noise"
means any sound or noise from any source in excess of the sound level or noise level set forth in Section 9.24.030.
"Emergency machinery," "vehicle" or "work"
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.
"Fixed noise source"
means a stationary device which creates sounds which are fixed or motionless including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditions and refrigeration equipment.
"Gathering"
means any convergence of five or more persons.
"Impact noise"
means the noise produced by the collision of one mass in motion with a second mass which may be either in motion or in rest.
"Noise level"
means the same as "sound level." The terms may be used interchangeably herein.
"Peace officer"
means a duly appointed officer of the city, as defined in California Penal Code, Chapter 4.5, Section 830 et seq.
"Person"
means a person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature.
"Portable powered blower"
means any mechanically powered device, regardless of the source of power, which is not stationary, and used for the purpose of blowing leaves, dirt or other debris off sidewalks, lawns or other surfaces.
"Premises"
means any real property or location at which a gathering may be held.
"Sound level"
(noise level) in decibels is the quantity measured using the frequency weighting of A of a sound level meter as defined herein.
"Sound level meter"
means an instrument meeting American National Standard Institute's Standard SL. 4-1974 for type 1 or type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
(Ord. 420, 1985; Ord. 691 § 1, 1992; Ord. 842 § 1, 1997; Ord. 1169 § 1, 2008; Ord. 1170 § 1, 2008; Ord. 1355 § 7, 2020)
A. 
The following ten-minute average sound level limits, unless otherwise specifically indicated, shall apply as indicated in the following table as it relates to a fixed noise source or pool equipment pursuant to Section 25.16.110 or leaf blowers pursuant to Section 9.24.075.
Zone
Time
Applicable Ten-Minute Average Decibel Limit
(A-Weighted)
Residential—All Zones
7 a.m. to 10 p.m.
55
 
10 p.m. to 7 a.m.
45
Public Institutional
7 a.m. to 10 p.m.
65
 
10 p.m. to 7 a.m.
55
Commercial
7 a.m. to 10 p.m.
65
 
10 p.m. to 7 a.m.
55
Manufacturing Industrial
7 a.m. to 10 p.m.
70
Agricultural
10 p.m. to 7 a.m.
55
B. 
If the measured ambient noise level exceeds the applicable limit as noted in the table in subsection A of this section, the allowable average sound level shall be the ambient noise level.
C. 
The sound level limit between two zoning districts shall be measured at the higher allowable district.
(Ord. 420, 1985; Ord. 647 § 1, 1991; Ord. 691 § 2, 1992; Ord. 1125 § 1, 2006; Ord. 1126A § 1, 2006; Ord. 1169 § 1, 2008; Ord. 1170 § 1, 2008; Ord. 1246 § 1, 2012)
A. 
It is unlawful for any person or property owner within the city of Palm Desert to make, cause, or continue to make or cause loud, excessive, impulsive or intrusive sound or noise that annoys or disturbs persons of ordinary sensibilities of a distance of greater than fifty feet from property line.
B. 
The factors, standards, and conditions that may be considered in determining whether a violation of the provisions of this section has been committed, include, but are not limited to, the following:
1. 
The level of the noise;
2. 
The level and intensity of the background (ambient) noise, if any;
3. 
The proximity of the noise to residential or commercial sleeping areas;
4. 
The nature, density and zoning of the area within which the noise emanates;
5. 
The density of inhabitation of the area within which the noise emanates;
6. 
The time of day and night the noise occurs;
7. 
The duration of the noise;
8. 
Whether the nature of the noise is natural or unnatural;
9. 
Whether the noise is constant, recurrent or intermittent;
10. 
Whether the noise is produced by a commercial or noncommercial activity.
(Ord. 420, 1985; Ord. 691 § 3, 1992; Ord. 1169 § 1, 2008; Ord. 1170 § 1, 2008; Ord. 1246 § 2, 2012)
The following activities, are declared to be deemed disturbing, excessive or offensive noises and any of the following shall constitute prima facie evidence of a violation.
A. 
Horns, Signaling Devices, Muffler Systems, Car Alarms, etc. Unnecessary use or operation of horns, signaling devices, uncontrolled muffler noises, car alarms on vehicles of all types, including motorcycles, and other equipment.
1. 
The operation of any such sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker and sound amplifier or similar machine or device in such a manner as to be plainly audible at a distance of fifty feet or more from the building, structure or vehicle in which located, or from the source point.
2. 
The operation of any sound amplifier, which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device when operated in such a manner as to be plainly audible at a distance of fifty feet from the source point or when operated in such a manner as to cause a person to be aware of vibration at a distance of fifty feet or more from the source point.
B. 
Uses Restricted. The use, operation, or permitting to be played, used or operated, any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of any reasonable person of normal sensitiveness.
C. 
Prima Facie Violations. Any of the following shall constitute evidence of a prima facie violation of this section:
1. 
The operation of any such sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker and sound amplifier or similar machine or device in such a manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which located, or from the source point.
2. 
The operation of any sound amplifier, which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device when operated in such a manner as to be plainly audible at a distance of fifty feet from the source point or when operated in such a manner as to cause a person to be aware of vibration at a distance of fifty feet from the source point.
D. 
Enforcement of Prima Facie Violations. Any peace officer, as defined in California Penal Code, Chapter 4.5 Sections 830 et seq., and/or the city manager or designees who are authorized to enforce the provisions of this chapter and who encounters evidence of a prima facie violation of this section whereby the component(s) amplifying or transmitting the sound in such a manner as to disturb the peace, quiet, or comfort of any reasonable person of normal sensitivity in any area of the city shall be empowered to issue a citation and/or to confiscate and impound as evidence, any or all of the components amplifying or transmitting the sound.
(Ord. 420, 1985; Ord. 1169 § 1, 2008; Ord. 1170 § 1, 2008)
The following activities shall be exempted from the provisions of this chapter:
A. 
School bands, school athletic and school entertainment events.
B. 
Outdoor gatherings, public dances, shows and sporting and entertainment events; provided, the events are authorized by the city.
C. 
Activities conducted in public parks and public playgrounds.
D. 
Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work.
E. 
Mobile noise sources associated with pest control through pesticide application.
F. 
The provisions of this regulation shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation departments, public work projects or essential public services and facilities, including those of public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission.
G. 
Noise sources associated with construction activities. Refer to 9.24.070, Construction activities.
H. 
Property owners/tenants of residential dwellings conducting noncommercial property maintenance Monday through Sunday between the hours of seven a.m. to five-thirty p.m., including government code holidays.
(Ord. 420, 1985; Ord. 539 § 1, 1988; Ord. 691 § 5, 1992; Ord. 754 § 1, 1994; Ord. 842 § 2, 1997; Ord. 1076 § 1, 2005; Ord. 1169 § 1, 2008; Ord. 1170 § 1, 2008; Ord. 1432, 7/10/2025)
No person shall operate, or permit to be operated, a parking lot sweeper between the hours of ten p.m. to seven a.m. in or adjacent to any residential zone. Emergency work and/or unusual conditions may cause parking lot cleaning to be permitted with the consent of the city manager.
(Ord. 691 § 6, 1992; Ord. 1178 § 2, 2008; Ord. 1179 § 1, 2009)
No person shall perform, nor shall any person be employed nor shall any person cause any other person to be employed to work for which a building permit is required by the city in any work of construction, erection, demolition, alteration, repair, addition to or improvement of any building, structure, road or improvement to realty except between the hours as set forth as follows:
October 1st through April 30th
Monday through Friday:
Seven a.m. to five-thirty p.m.
Saturday:
Eight a.m. to five p.m.
Sunday:
None
Government code holidays:
None
May 1st through September 30th
Monday through Friday:
Five-thirty a.m. to seven p.m.
Saturday:
Eight a.m. to five p.m.
Sunday:
None
Government code holidays:
None
Emergency work and/or unusual conditions may cause work to be permitted with the consent of the city manager upon recommendation of the building director or the city engineer.
(Ord. 420, 1985; Ord. 752 § 1, 1994; Ord. 1169 § 1, 2008; Ord. 1170 § 1, 2008; Ord. 1330 § 1, 2017)
A. 
Noise sources associated with property maintenance activity and all portable blowers, lawnmowers, edgers or similar devices shall be prohibited except during the following hours:
Monday through Sunday:
Seven a.m. to five-thirty p.m.
Government code holidays:
Not allowed
Notwithstanding the hours of permitted operations, such equipment that constitutes a public nuisance may be abated as otherwise provided in this code.
With the exception of blowers, all maintenance activities associated with golf courses and/or tennis courts can operate from five-thirty a.m. to seven p.m., seven days a week.
B. 
All municipal maintenance activities are not subject to subsection A.
C. 
No person shall willfully make or continue, or willfully cause to be made or continued, any noise from any portable powered blower at a level which exceeds seventy decibels (dBA) measured at the midpoint of a wall area twenty feet long and ten feet high and at the horizontal distance fifty feet away from the midpoint of the wall, or not more than seventy-six decibels (dBA) at a horizontal distance of twenty-four feet using a sound level meter.
D. 
No portable powered blower shall be operated in a manner which will permit dirt, dust, debris, leaves, grass clippings, cuttings, or trimmings from trees or shrubs to be blown or deposited onto neighboring property or public right-of-way. All waste shall be removed and disposed of in a sanitary manner by the use or property occupant.
(Ord. 842 § 3, 1997; Ord. 1076 § 1, 2005; Ord. 1169 § 1, 2008; Ord. 1170 § 1, 2008; Ord. 1243 § 3, 2012; Ord. 1432, 7/10/2025)
The city contractor for collection of refuse and waste shall be authorized to provide service as indicated in the following table:
A. 
Commercial.
1. 
Collection during winter months shall be between six a.m. and six p.m.
2. 
Collection during summer months shall be between five-thirty a.m. and six p.m.
B. 
Residential.
1. 
Collection during winter months shall be between six-thirty a.m. and six p.m.
2. 
Collection during summer months shall be between five-thirty a.m. and six p.m.
(Ord. 420, 1985; Ord. 1169 § 1, 2008; Ord. 1170 § 1, 2008)
It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the same is in use, to exceed the noise limits, as specified in subsection A of Section 9.24.030, prescribed for the assigned noise zone in which the school, hospital or church is located, or which noise level unreasonably disturbs or annoys patients in the hospital.
(Ord. 420, 1985; Ord. 1169 § 1, 2008; Ord. 1170 § 1, 2008)
The noise standards enumerated in Section 9.24.030 shall be increased by eight dBA when the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of December 1, 1985. Installation of new equipment must be certified to be within the provisions of this chapter for night and day operation noise level.
(Ord. 420, 1985; Ord. 1169 § 1, 2008; Ord. 1170 § 1, 2008; Ord. 1246 § 3, 2012)
A. 
The location selected for measuring exterior noise levels between residential properties shall be at the property line of the affected residential property. Affected residential property shall be the address from which the complaint was received. Interior noise measurement shall be made within the affected residential unit. The measurement shall be made at a point at least four feet from the wall, ceiling or floor nearest the noise source.
The location selected for measuring exterior noise levels between nonresidential properties shall be at the property line of the affected property.
B. 
The location selected for measuring exterior noise levels between two zoning districts shall be at the boundary of the two districts.
(Ord. 420, 1985; Ord. 1125 § 2, 2006; Ord. 1126A § 2, 2006; Ord. 1169 § 1, 2008; Ord. 1170 § 1, 2008)
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 if in compliance with local zoning structures, shall be granted a three-year period from the date of adoption with which to comply with the provisions of the chapter. If, at the end of the three-year period, it can be shown that compliance with the provisions herein constitutes a hardship in terms of technical and economic feasibility, the time to comply may be extended on an annual basis until such time as compliance may be affected.
(Ord. 420, 1985; Ord. 1169 § 1, 2008; Ord. 1170 § 1, 2008)
Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction.
(Ord. 420, 1985; Ord. 1169 § 1, 2008; Ord. 1170 § 1, 2008)
If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated.
(Ord. 420, 1985; Ord. 1169 § 1, 2008; Ord. 1170 § 1, 2008)