The city council of Hanford finds and declares as follows:
A. 
Loud and raucous noise degrades the environment of the city to a degree that:
1. 
Is harmful to the health, welfare, and safety of its inhabitants and visitors;
2. 
Interferes with the comfortable enjoyment of life and property;
3. 
Interferes with the well being, tranquility, and privacy of the home; and
4. 
Both causes and aggravates health problems.
B. 
Both the effective control and the elimination of loud and raucous noise are essential to the health and welfare of the city's inhabitants and visitors, and to the conduct of the normal pursuits of life, including recreation, work, and communication.
C. 
The use of sound amplification equipment creates loud and raucous noise that may, in a particular manner and at a particular time and place, substantially and unreasonably invade the privacy, peace and freedom of inhabitants of, and visitors to, the city.
D. 
Certain short-term easing of noise restrictions is essential to allow the construction and maintenance of structures, infrastructure and other elements necessary for the physical and commercial vitality of the city.
E. 
The obligation to draft regulations that affect speech in a content-neutral fashion is of paramount importance to protect the freedom of expression guaranteed by the First Amendment of the United States Constitution. This chapter enacts narrowly drawn, content-neutral regulations that are to be interpreted as such so as not to infringe upon constitutionally protected rights.
(Ord. 16-05, 2016)
It is the purpose and intent of this chapter to protect, preserve, and promote the health, safety, welfare, and peace and quiet of the citizens of Hanford through the reduction, control, and prevention of loud and raucous noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety; or causes public inconvenience, annoyance or alarm to reasonable persons of ordinary sensitivity.
(Ord. 16-05, 2016)
This chapter applies to the control of all sound originating within the jurisdictional limits of the city.
(Ord. 16-05, 2016)
For purposes of this chapter, these words and phrases shall be defined as follows:
"City"
means the city of Hanford.
"City manager"
means the city manager of the city and/or designee.
"Emergency"
means any occurrence or set of circumstances involving the actual or imminent physical trauma or property damage demanding immediate attention.
"Emergency work"
means any work performed for the purpose of preventing or alleviating physical trauma or property damage, whether actually caused or threatened by an emergency, or work by private or public utilities when restoring utility service.
"Noise sensitive institutions" or "noise sensitive areas"
include, schools, churches, hospitals and other facilities at which healthcare services are provided, courts and public libraries.
"Person"
means any individual, firm, association, partnership, joint venture, corporation, or business entity.
"Plainly audible"
means any sound that can be readily heard by a reasonable person of ordinary sensitivities using his or her unaided hearing faculties.
"Public right-of-way"
means any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public which is owned or controlled by a government entity.
"Public space"
means any real property or structures on real property, owned by a government entity and normally accessible to the public, including, but not limited to, parks and other recreational areas.
"Residential"
means any real property which contains a structure or building in which one or more persons reside, provided that the structure or building is properly zoned, or is legally nonconforming, for residential use in accordance with the terms and maps of the city's zoning ordinance.
"Unreasonable noise"
means any noise that is plainly audible from a distance of 50 feet from any boundary line of a property from which the noise originates.
(Ord. 16-05, 2016)
A. 
Unless an exemption identified in this chapter applies, no person shall make, continue, or cause to be made or continued:
1. 
Any unreasonable noise; or
2. 
Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the jurisdictional limits of the city; or
3. 
Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood from which said noise emanates, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.
B. 
For purposes of subsections (A)(2) and (A)(3), factors for determining whether a sound is prohibited include, but are not limited to, the following:
1. 
The proximity of the sound to sleeping facilities, whether residential or commercial;
2. 
The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;
3. 
The time of day or night the sound occurs;
4. 
The duration of the sound;
5. 
Whether the sound is recurrent, intermittent, or constant; and
6. 
If the noise is produced by a commercial or otherwise permitted activity, and whether the noise is one that could reasonably be expected from the commercial or permitted activity.
(Ord. 16-05, 2016)
A. 
In addition to the acts that generate unreasonable noise, the following are declared to be noises prohibited by Section 9.10.050(A)(2) and/or (A)(3) and are per se violations of this chapter, unless an exemption identified in this chapter applies. These enumerations do not constitute an exclusive list of noises that are prohibited by Section 9.10.050(A):
1. 
Unreasonable Noises. The unreasonable making of, or knowingly and unreasonably permitting to be made, any unreasonably loud, boisterous or unusual noise, disturbance, commotion or vibration in or in any proximity to any boarding facility, dwelling, place of business or other structure, or upon any public street, park, or other place or building.
2. 
Vehicle Horns, Signaling Devices, and Similar Devices. The sounding of any horn, signaling device, or other similar device, on any automobile, motorcycle, or other vehicle on any right-of-way or in any public space of the city, for more than 10 consecutive seconds. The sounding of any horn, signaling device, or other similar device, as a danger warning, is exempt from this prohibition.
3. 
Non-Emergency Signaling Devices. Sounding or permitting the sounding of any amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, from any place or vehicle for more than 10 consecutive seconds. The reasonable sounding of such devices by the city for traffic control purposes is exempt from the operation of this provision. Furthermore, this restriction does not apply to the daylight operation of sound systems of vehicles used for advertising, or in parades, political or other special events.
4. 
Emergency Signaling Devices. The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle, or similar emergency signaling device, except in an emergency or except as provided in subsections (A)(4)(a) and (b):
a. 
Testing of an emergency signaling device shall occur between 7:00 a.m. and 8:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall such test time exceed 10 minutes. Testing of the emergency signaling system shall not occur more than once in each calendar month.
b. 
Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, shall terminate within 15 minutes of activation unless an emergency exists. If a false or accidental activation of an alarm occurs more than twice in a calendar month, the owner or person responsible for the alarm shall be in violation of this chapter.
5. 
Radios, Televisions, Boom Boxes, Phonographs, Stereos, Musical Instruments and Similar Devices. The use or operation of a radio, television, boom box, phonograph, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and unreasonably disturbs the peace, quiet, and comfort of neighbors in residential, commercial, public space or noise sensitive areas.
6. 
Loudspeakers, Amplifiers, Public Address Systems, and Similar Devices. The unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address system, or other similar device for producing or reproducing sound between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and 10:00 p.m. and 8:00 a.m. on weekends and holidays in the following areas: (a) within or in proximity to residential or noise-sensitive areas; (b) within public space if the sound is plainly audible across the real property line of the public space from which the sound emanates. This restriction shall not, however, apply to any public performance, gathering, parade, or other event for which a permit has been obtained from the city or event exempted by this chapter, and noise caused by such exempt activities shall not be an unreasonable noise for purposes of this chapter.
7. 
Yelling, Shouting, and Similar Activities. Yelling, shouting, hooting, whistling, or singing in or in proximity to residential or noise sensitive areas or in public places, between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to unreasonably disturb the quiet, comfort, or repose of reasonable persons of ordinary sensitivities. This section applies only to those situations where the disturbance is not a result of the content of the communication but due to the volume, duration, location, timing or other factors not based on content. This restriction shall not, however, apply to any public performance, gathering, parade, or other event for which a permit has been obtained from the city or event exempted by this chapter under Section 9.10.070, and noise caused by such exempt activities shall not be an unreasonable noise for purposes of this chapter.
8. 
Animals and Birds. Please reference Hanford Municipal Code Section 6.08.020(G).
9. 
Loading or Unloading Merchandise, Materials, Equipment. The creation of unreasonably loud, raucous, and excessive noise in connection with the loading or unloading of any vehicle at a place of business or residence.
10. 
Construction or Repair of Buildings, Excavation of Streets and Highways. The construction, demolition, alteration or repair of any building or the excavation of streets and highways other than between the hours of 7:00 a.m. and 8:00 p.m. In cases of emergency, construction or repair noises are exempt from this provision. In non-emergency situations, the city manager, or designee, may issue a permit, upon application, if the city manager, or designee, determines that the public health and safety, is affected by loud and raucous noise caused by construction or repair of buildings or excavation of streets and highways between the hours of 8:00 p.m. and 7:00 a.m. will not be impaired, and if the city manager, or designee, further determines that loss or inconvenience would otherwise result. The permit shall grant permission in non-emergency cases for a period of not more than three days. The permit may be renewed once for a period of three days or less.
11. 
Noise Sensitive Institutions. The creation of any unreasonably loud and raucous noise in proximity to any noise sensitive institution while it is in use, which unreasonably interferes with the workings of the institution or which disturbs the persons in these institutions.
12. 
Blowers, Mowers, Trimmers, and Similar Devices. In or in proximity to residential or noise sensitive areas, between the hours of 8:00 p.m. and 7:00 a.m., the operation of any noise-creating blower, mower, trimmer, power fan, or any battery/electrical-powered or internal-combustion-powered equipment, provided that the noise can be heard across the property line of the property from which it emanates.
13. 
Commercial Establishments Adjacent to Residential Property. Unreasonably loud and raucous noise from the premises of any commercial establishment, including any outdoor area which is part of or under the control of the establishment, between the hours of 10:00 p.m. and 7:00 a.m., which is plainly audible at any residential property or noise sensitive institution and which is not exempt per Section 9.10.070(K).
14. 
Train Whistles. No provision regarding train whistles is proposed at this time due to preemption by the federal government.
(Ord. 16-05, 2016)
A. 
Motor vehicles on traffic ways of the city, provided that the prohibition of Section 9.10.060(A)(2) continues to apply. Noise from vehicles on traffic ways shall be regulated in a manner provided for by the California Vehicle Code. This exemption does not include the use of compression release engine brakes (also known as "jake brakes") in a manner that creates a noise prohibited by Section 9.10.050(A)(2) and/or (A)(3).
B. 
Repairs of utility structures which pose a clear and immediate danger to life, health, or significant loss of property.
C. 
Sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems used in case of fire, collision, civil defense, police activity, or imminent danger, provided that the prohibition contained in Section 9.10.060(A)(4) continues to apply.
D. 
The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work.
E. 
Repairs or excavations of bridges, streets, highways, and other public improvements by or on behalf of the city, the state, or the federal government, between the hours of 8:00 p.m. and 7:00 a.m., when public welfare and convenience renders it impractical to perform the work between 7:00 a.m. and 8:00 p.m.
F. 
Outdoor School and Playground Activities. Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including, but not limited to, school athletic and school entertainment events.
G. 
Other Outdoor Events. Outdoor gatherings, public dances, shows and sporting events, and other similar outdoor events, provided that a permit has been obtained from the appropriate permitting authority.
H. 
Generators required for medical purposes—Power outages. Noise from generators required for medical purposes or during power outages.
I. 
Blowers, Mowers, Trimmers, and Similar Devices. In or in proximity to residential or noise sensitive areas, between the hours of 7:00 a.m. and 8:00 p.m., the operation of which is being conducted for its intended purpose.
J. 
Noises, sounds, commotions, and vibrations at levels normally associated with activities occurring at or in proximity to residences which occur between the hours of 7:00 a.m. to 10:00 p.m. and which are considered by a reasonable person to be ordinary, usual, and/or incidental to residential activity that do not unreasonably disturb the peace and comfort of adjacent properties.
K. 
Noises, sounds, commotions, and vibrations caused by business operations coming from a commercial or industrial property regardless of the hour that are considered to be of a routine nature and that are consistent with the noises, sounds, commotions, and vibrations generated by businesses of similar nature, including, without limitation, nighttime unloading of freight at a retail establishment.
(Ord. 16-05, 2016)
A. 
This chapter shall be enforced by the city manager, police chief and their appointed designees, who will have primary responsibility for the enforcement of the noise regulations contained in this chapter. Nothing in this chapter shall prevent the city manager, police chief or their designees from obtaining voluntary compliance by way of warning, notice or education.
B. 
When enforcing this chapter, the city manager, police chief and their designees shall take into account and appropriately note the following factors:
1. 
Their own observations of the violation;
2. 
The time of day/night;
3. 
The number of complaints received on the same incident; and
4. 
Other factors contained in this chapter.
(Ord. 16-05, 2016)
A. 
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and subject to a maximum penalty of six months imprisonment in the County Jail or a fine of not more than $1,000, as well as any civil or administrative penalties set forth in the Hanford Municipal Code, as may be amended. Furthermore, violators shall be subject to any other enforcement remedies available to the city under any applicable state or federal statute or pursuant to any other lawful power the city may possess.
B. 
Each day a violation continues and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies. Multiple violations can be deemed to have occurred during a one-day period.
C. 
In addition to or in lieu of the penalties identified in this section, the city may impose any criminal, civil, and/or administrative penalties authorized by statute, regulation, or other legal authority, including, without limitation, this municipal code, for violation of this chapter. In the event any civil or administrative suit or action is brought by the city to enforce the provisions of this chapter, the person or persons responsible for such violation shall be liable to the city for costs of the suit, including, but not limited to, attorneys' fees.
(Ord. 16-05, 2016)
Any administrative enforcement citation may be appealed in accordance with the appeal provisions of this municipal code.
(Ord. 16-05, 2016)
If any part or subsection of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this chapter.
(Ord. 16-05, 2016)