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)
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 instrumental and/or vocal music amplified through electronic
means.
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.
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.
means the city manager of the city of Palm Desert, or qualified
designee.
includes, but is not limited to, any nightclub, restaurant,
sports bar, industrial, retail or business establishment or combination
thereof.
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.
means an additive period of time composed of individual time
segments which may be continuous or interrupted.
means a unit measure of sound level noise.
means any disturbance of the peace as defined by Penal Code
Section 415 or as otherwise defined herein.
means any sound or noise from any source in excess of the sound level or noise level set forth in Section 9.24.030.
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 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.
means any convergence of five or more persons.
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.
means the same as "sound level." The terms may be used interchangeably
herein.
means a duly appointed officer of the city, as defined in
California Penal Code, Chapter 4.5, Section 830 et seq.
means a person, firm, association, copartnership, joint venture,
corporation or any entity, public or private in nature.
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.
means any real property or location at which a gathering
may be held.
(noise level) in decibels is the quantity measured using
the frequency weighting of A of a sound level meter as defined herein.
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.
All
mechanical devices, apparatus or equipment which are utilized for
the protection or salvage of agricultural crops during periods of
potential or actual frost damage or other adverse weather conditions;
F.
Mobile
noise sounds associated with agricultural operations provided such
operations do not take place between the hours of eight p.m. and seven
a.m. on weekdays, including Saturday, or at any time on Sunday or
a federal holiday;
G.
Mobile
noise sources associated with agricultural pest control through pesticide
application;
H.
Noise sources associated with property maintenance. Refer to Section 9.24.075, Property maintenance activities;
I.
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;
J.
Carillon
chimes between the hours of eight a.m. to seven p.m.
K.
Noise
sources associated with construction activities. Refer to 9.24.070,
Construction activities.
(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)
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:
|
October 1st through April 30th
| |
|
Monday through Sunday:
|
Nine a.m. to five-thirty p.m.
|
|
Government code holidays:
|
Not allowed
|
|
May 1st through September 30th
| |
|
Monday through Friday:
|
Eight a.m. to five-thirty p.m.
|
|
Saturday and Sunday:
|
Nine 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.
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)
The city contractor for collection of refuse and waste shall
be authorized to provide service as indicated in the following table:
(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)
No person shall interfere with, oppose or resist any authorized
person charged with enforcement of this chapter while such person
is engaged in the performance of his or her duty.
(Ord. 420, 1985; 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)
Any person having been convicted of a violation of any provisions
of this chapter who thereafter commits a violation of the same provisions
of this chapter shall be guilty of a misdemeanor.
(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)
