This chapter is adopted in accordance with California Constitution Art. XI, Section 7 for the purpose of regulating noise, and sources of noise, which jeopardizes public health and welfare. These regulations are intended to implement objective criteria for protecting the community's well-being and tranquility.
(Ord. 2204 § 3, 2021)
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter:
"A-weighting"
means a filter network designed to transform a frequency spectrum to that which is heard by the human ear.
"Ambient noise"
means the composite of all noises constituting the normal or existing level of environmental noise at a given location.
"Construction activities"
means the grading, demolition, alteration, repair or remodeling of existing structures and construction of new structures including the use of power equipment in connection with such activities. Construction activities do not include radios or other forms of amplified music on a construction site.
"Daytime"
means a time period between seven a.m. and ten p.m.
"Decibel" or its symbol of measurement "(dB)"
means a unit for measuring the amplitude of sound, equal to twenty times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals.
"Delivery"
means the delivery or pickup or the arrival for delivery or pickup of goods, wares and merchandise by the use of a motorized vehicle, other than an automobile or train.
"Equivalent-energy level (Leq)"
means the level of a steady-state noise that has the same sound energy as a given time-varying noise.
"Holidays"
means New Years Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving, and Christmas Day.
"Impulsive sound"
means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of impulsive sounds include explosions and firearm discharge.
"Motor vehicles"
means any and all self-propelled vehicles as defined in the California Vehicle Code.
"Multifamily dwelling"
means any housing unit where two or more dwellings are separated by a common wall, floor, or ceiling, including, without limitation, to apartments, condominiums and townhouses.
"Nighttime"
means the time period between ten p.m. and seven a.m.
"Noise disturbance"
means any loud, raucous, annoying, or unusual noises that offends the peace and quiet of persons of ordinary sensibilities and interferes with the comfortable enjoyment of life or property and affects at the same time an entire neighborhood or any considerable number of persons. A noise disturbance includes, without limitation, any source of sound exceeding the noise level limitations established by this chapter.
"Noise level"
means the amplitude of sound pressure referenced to twenty micropascals, measured in decibels.
"Noise level measurement"
means the procedure of measuring sound consisting of the usage of a precision sound level meter (SLM) set to "fast" response. If the Sound Level Meter is analog with a VU meter, then the response must be "slow" unless the noise issue is impulsive. The meter must be calibrated before any measurements and the microphone must be a minimum of three and one-half feet from any wall, floor or other large sound reflecting surface. The meter must be protected from wind or other extraneous noise by the use of screens, shields or other appropriate devices.
"Precision sound level meter"
means a sound pressure level measuring instrument which conforms to the American National Standards Institute (ANSI) specification S1.4 for Type 1 or Type 2 measuring instruments.
"Residential property"
means any property legally used for a single family or multifamily dwelling.
"Sound-amplifying equipment"
means any machine or equipment or device for the amplification of the human voice, music or any other sound. Sound-amplifying equipment does not include automobile radios regulated by the California Vehicle Code, warning devices on authorized emergency vehicles, horns, or other warning devices on vehicles used for traffic safety purposes.
"Sources of sound"
includes, without limitation, amplified music, radios, televisions, musical instruments, toys or models, industrial machinery, construction equipment, animals, human voices, electrical appliances, or motor vehicles.
(Ord. 2204 § 3, 2021)
The city planner, or designee, will receive applications, issue and revoke temporary noise permits, and otherwise implement this chapter.
(Ord. 2204 § 3, 2021)
Except as otherwise provided, the following are not noise disturbances for purposes of this chapter:
(a) 
Sound Generated by Motor Vehicles. Sound generated by motor vehicles, trucks and buses operated on streets and highways, aircraft, trains, and other public transport. This exemption does not apply to the following:
(1) 
Operation of any vehicle, including any equipment attached to any vehicle (such as attached refrigeration and/or heating units or any attached auxiliary equipment), for a period in excess of ten minutes in any hour while the vehicle is stationary for reasons other than traffic congestion.
(2) 
Vehicles equipped with sound amplifiers that are not exempt. No person must operate or drive any vehicle or cause any vehicle to be operated or driven, or otherwise used, on any public street, which vehicle is equipped with sound amplifying equipment or other machine or device for the production or reproduction of sound, which causes sound to carry onto private property or causes sound to be heard by others using the public streets or thoroughfares which exceeds the noise level limits established by this chapter.
(b) 
Emergencies. Emergency repairs that deal with health or safety risk and emergency generators or equipment used during a power outage or other emergency.
(c) 
Emergency Warning Devices. Emergency warning devices such as fire alarms, burglar alarms, warning devices on emergency vehicles and train horns.
(d) 
Public Works Projects. Public works projects performed by public agencies, or their contractors which cannot be performed from seven a.m. to six p.m. Monday through Friday.
(e) 
Special Events. Any event or use allowed by a special event permit issued pursuant to this code that specifically allows noise levels to be exceeded.
(f) 
Use Permits. Any use allowed by a use permit issued pursuant to this code that specifically allows sound level limits to be exceeded.
(g) 
Athletic Fields/Playgrounds/Parks/Public Tennis Courts/Public Recreation Facilities. From seven a.m. to ten p.m. any organized athletic events or activities occurring on athletic fields, playgrounds, parks, tennis courts or other public recreation facilities owned or operated by a school district, the city, or the county provided no amplified music or sound system is utilized.
(Ord. 2204 § 3, 2021)
If an applicant can demonstrate that a diligent investigation of available noise abatement techniques indicates that compliance with this chapter would be impractical or unreasonable, the city manager, or designee, may issue a permit to allow an exemption from this chapter with appropriate conditions. Any such permit must be of as short duration as possible not to exceed three months.
(Ord. 2204 § 3, 2021)
Except as otherwise permitted in this code, any source of sound exceeding the noise level limits set forth in this chapter constitutes a noise disturbance. For purposes of determining noise levels from any source of sound, noise level measurements must be made at a point on the receiving property nearest to where the sound source at issue generates the highest noise level. Sound level measurements must be made with a precision sound level meter (Type 1 or 2) set to A-weighting, and "fast" response for fluctuating sound. Slow or fast response may be used for continual sources. For repetitive, impulsive sound, the one second rms maximum level (Lmax) must be used. For continuous sound, use the average level or Leq. The microphone must also be placed five feet above the floor regardless of whether the source of sound at issue transmits through the floor, ceiling or wall.
(Ord. 2204 § 3, 2021)
(a) 
It is unlawful for a source of sound to exceed the noise level limits identified in this section. Sound level limits include the actual measured median ambient noise level or the following presumed ambient noise level, whichever is greater:
Land Use
Time Period
Level
Residential
Nighttime
50 dbA
Daytime
55 dbA
Neighborhood Commercial
Anytime
60 dbA
Other Commercial
Anytime
65 dbA
Industrial
Anytime
70 dbA
(b) 
If the ambient noise level cannot be sufficiently determined, then the above presumed noise levels will serve as the default ambient noise level.
(c) 
If the property where the noise is received is located on the boundary between two different land uses, the lower noise level will apply.
(Ord. 2204 § 3, 2021)
Should an alleged noise disturbance contain a steady, audible tone, such as a whine, screech, beating, pulsating, throbbing, or hum, the noise level limits set forth in this chapter will be reduced by five dB for purposes of determining whether a violation exists.
(Ord. 2204 § 3, 2021)
The following are not subject to the noise level limits established by this chapter but must comply with the conditions set forth in this section:
(a) 
Construction Activities. Construction activities between seven a.m. and seven p.m. Monday through Friday, and between nine a.m. and six p.m. on Saturdays, Sundays and Holidays. Persons responsible for construction activities lasting longer than three days, for example and without limitation, the general contractor or property owner, must post notice at all entrances to the construction site listing the noise limitations on construction set forth in this chapter. Such notice must be titled in letters at least one inch in height and be placed at least five feet above ground level. Construction activities lasting longer than three days will require a temporary noise permit pursuant to this chapter.
(b) 
Landscaping Tools. The operation of any lawn mower or other power-operated lawn maintenance tool used on a temporary, occasional or infrequent basis operated between the hours of seven a.m. and seven p.m. Monday through Friday and the hours of eight a.m. and six p.m. on Saturdays, Sundays and Holidays. No piece of equipment may generate noise in excess of eighty-five dBA at fifty feet.
(c) 
Commercial/Industrial Deliveries. Deliveries to food retailers and restaurants are exempt. Deliveries to other commercial and industrial businesses between seven a.m. and six p.m. Monday through Friday and nine a.m. to five p.m. Saturdays, Sundays and Holidays.
(d) 
Occasional Gatherings. Occasional gatherings between eleven a.m. and twelve a.m. provided the noise level for the occasional gathering measured from any adjacent residential property does not violate Section 4.40.040 of this code.
(Ord. 2204 § 3, 2021)