This chapter may be cited as the "Noise Control Ordinance" of
the City of West Hollywood.
(Prior code § 4300; Ord. 85-21, 1985)
The city is a densely developed community. Residential dwelling
units are located in close proximity to one another and commercial
activities often adjoin residential housing. This pattern of land
use development makes it almost inevitable that everyday noise will
be audible to one degree or another. The city encourages all persons
to be good citizens of their neighborhood, and to be considerate to
those who live nearby. Persons who work or reside in the city are
expected to be knowledgeable of, and abide by, applicable laws and
city ordinances. The purpose of this chapter is to strike a balance
between normal, everyday noises that are unavoidable in an urban environment
and those noises that are so excessive and annoying to persons of
ordinary sensitivity that they must be curtailed in order to protect
the comfort and tranquility of all persons who live and work in the
city.
(Prior code § 4301; Ord. 85-21, 1985; Ord. 07-768 § 1, 2007; Ord. 07-769U § 1, 2007; Ord. 16-984 § 1, 2016)
The following words, phrases and terms as used in this chapter
shall have the meanings indicated as follows:
shall mean the City Manager of the City of West Hollywood
or the City Manager's designee.
shall mean any of the following:
The operation of any tool, machine or equipment including, but
not limited to, vehicles and helicopters, to carry out any work for
which a building permit is required, including, but not limited to,
demolition, grading, excavating, or construction;
Performing any construction, maintenance or repair on buildings,
structures or utilities or any work preparing the site for construction
or repair including, but not limited to, staging, grading, excavation,
and demolition;
Any painting using motorized equipment or any painting that
is part of the construction activity for which a building permit has
been issued;
The loading or unloading of construction equipment, materials,
or supplies from vehicles at or near the site of the construction
activity;
The staging or idling, at or near the site of construction activity,
of any construction vehicle or any vehicles bringing construction
equipment, materials or supplies to the site of the construction;
The staging or idling, at or near the site of construction activity,
of any food services vehicle providing food services to persons working
at a site of construction activity or the use of a horn or other device
by a food services vehicle to alert customers that the vehicle has
arrived.
shall mean any machinery, vehicle or alarm used, employed,
performed or operated 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.
shall mean any work performed for the purpose of preventing
or alleviating the physical trauma or property damage threatened or
caused by an emergency or work by private or public utilities when
restoring utility services.
shall mean construction activities taking place entirely
within a structure that is enclosed on all sides with the windows
and doors installed and closed.
shall include, but not be limited to, amplified music or
voices or vibrations from amplified music or voices.
shall mean any day, Monday through Friday, which is not a
legal holiday.
(Prior code § 4302; Ord. 85-21, 1985; Ord. 09-808 § 1, 2009; Ord. 16-984 § 2, 2016; Ord. 21-1175 § 1, 2022)
Unless otherwise permitted in this chapter, no person shall
make, permit to be made or cause to suffer any noises, sounds or vibrations
that in view of the totality of the circumstances are so loud, prolonged
and harsh as to be annoying to reasonable persons of ordinary sensitivity
and to cause or contribute to the unreasonable discomfort or disturbance
of any persons within the vicinity. When considering whether a noise,
sound or vibration is unreasonable within the meaning of this section,
the following factors shall be taken into consideration:
a.
The
volume and intensity of the noise, particularly as it is experienced
within a residence or place of business;
b.
Whether
the noise is prolonged and continuous;
c.
How
the noise contrasts with the ambient noise level;
d.
The
proximity of the noise source to residential and commercial uses;
e.
The
time of day;
f.
The
anticipated duration of the noise; and
g.
Any
other relevant circumstances or conditions.
(Prior code § 4303; Ord. 85-21, 1985; Ord. 95-435 § 3, 1995; Ord. 07-768 § 2, 2007; Ord. 07-769U § 2, 2007)
Notwithstanding any other provisions of this chapter, the following
acts and the causing or permitting thereof, are declared to be in
violation of this chapter:
a.
Amplified Sound, Radios, and Musical Instruments, Etc. The
using, operating or permitting to be played, used or operated between
the hours of 10:00 p.m. and 8:00 a.m. of any radio, musical instrument,
stereo, television set, or instrument or device similar to those heretofore
specifically mentioned for the production or reproduction of sound
in volume sufficiently loud as to be plainly audible at a distance
of twenty-five feet or more therefrom.
b.
Engines, Motors and Mechanical Devices in or Near Residential District. The sustained, continuous or repeated operation or use between the
hours of 10:00 p.m. and 8:00 a.m. of any motor or engine or the repair,
modification, reconstruction, testing or operation of any automobile,
motorcycle, machine, contrivance, or mechanical device or other contrivance
or facility unless such motor, engine, automobile, motorcycle, machine
or mechanical device is enclosed within a sound insulated structure
so as to prevent noise and sound from being plainly audible at a distance
of fifty feet or more from such structure, or at a distance of ten
feet or more from any residence. Racing the engine of any motor vehicle
or needlessly bringing to a sudden start or stop of any motor vehicle
shall be prohibited at any time at any location.
c.
Loading and Unloading Waste in or Near Residential District. Loading, unloading, opening, closing or other handling of boxes,
containers, building materials, or similar objects in a residential
district or within fifty feet of a residential district, between the
hours of 10:00 p.m. and 8:00 a.m., excluding normal handling of solid
waste, and recycling containers by a franchised collector pursuant
to Title 15.
d.
Construction.
1.
Construction between the hours of 7:00 p.m. and 8:00 a.m. on weekdays; or at any time on Saturday (except, between the hours of 8:00 a.m. and 7:00 p.m., interior construction is permissible); or at any time on Sunday, New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day and observed holidays; all except as provided in subsection (d) of Section 9.08.060. If New Year's Day, Independence Day or Veterans Day falls on a weekend, then the following Monday or preceding Friday is a holiday.
2.
To
minimize the disturbance to the surrounding community, the motors
and engines for construction related vehicles and equipment shall
not be left idling and shall be turned off when not in use.
e.
Non-Emergency Signaling Devices. Sounding or permitting
the sounding of any electronically amplified signal from any bell,
chime, siren, whistle or similar device, intended primarily for non-emergency
purposes, from any place, for more than ten consecutive seconds in
any hourly period.
Houses of religious worship shall be exempt from the operation
of this provision.
Sound sources included within this provision which are not exempted under Section 9.08.060 may be exempted by a variance issued by the City Manager.
f.
Emergency Signaling Devices.
1.
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, for testing,
except as provided in subdivision (2) of this subsection.
2.
Testing
of an emergency signaling device shall not occur before 8:00 a.m.
or after 10:00 p.m. Any such testing shall use only the minimum cycle
test time. In no case shall such test time exceed sixty seconds. Testing
of the emergency signaling system shall not occur more than once in
each calendar month.
3.
Sounding
or permitting the sounding of any exterior burglar or fire alarm unless
such alarm is terminated within fifteen minutes of activation.
4.
Sounding
or permitting the sounding of any motor vehicle alarm unless such
alarm is terminated within five minutes of activation.
5.
Sounding
or permitting the sounding of any motor vehicle alarm more than three
times of any duration in any twenty-four-hour period.
g.
Noises by Animals. No person shall permit any animal that
is kept or maintained upon any premises owned, occupied or controlled
by such person to permit such animal to emit any noise, sound, or
cry which interferes with the comfortable enjoyment of life and property
by any individual. It is hereby declared a public nuisance to keep,
maintain or permit an animal which emits such noise upon any lot or
parcel of land.
h.
Leaf Blowers. The use or operation or allowing the use or
operation of any portable machine powered with a combustion or gasoline
engine used to blow leaves, dirt and other debris off sidewalks, driveways,
lawns and other surfaces.
i.
Commercial Establishments Adjacent to Residential Property. Notwithstanding any provision of this code to the contrary, continuous,
repeated or sustained noise from the premises of any commercial establishment
which is adjacent to one or more residential dwelling units, including
any outdoor area part of or under the control of the establishment,
between the hours of 10:00 p.m. and 8:00 a.m. that is plainly audible
from the residential dwelling unit's property line.
j.
Loud Parties or Gatherings. Generating any noise from a
party, event or other gathering of people on private property (whether
from a home, a commercial business or any other location in the city)
that is determined by an enforcement officer at the scene to constitute
a threat to public peace, health and safety or a violation of this
code or state law due to the magnitude of the crowd, the volume of
noise, the level of disturbance to the surrounding neighborhood, unruly
behavior, excessive traffic or destruction of property generated by
the party or gathering. The city shall enforce this subsection as
follows:
1.
The
enforcement officer at the scene shall take such actions and give
such direction as is necessary to investigate or abate the violation
or condition and shall advise the responsible person that, if additional
enforcement (which term includes Fire Department) personnel are required
to respond to abate the condition, the responsible person and the
owner or occupant of the property shall be held liable for the cost
of providing such services. Such direction and advice shall be given
to the person responsible for the party or gathering or to the owner
or occupant of the property involved. Such direction may include such
measures as concluding the party, dispersing the crowd, shutting off
or reducing the volume of music or any other measure necessary to
eliminate the disturbance.
2.
If the condition is not voluntarily abated in the time period requested by the enforcement officer and, if additional city or enforcement (which term includes Fire Department) personnel are required in order to disperse the party or gathering, quell any disturbance, direct traffic, cite illegally parked vehicles or otherwise respond, then the responsible person and the owner or occupant of the property shall be required to reimburse the city for costs pursuant to Section 9.08.090 of this code.
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Notwithstanding any other provision of this code, violations of this subsection are hereby declared a nuisance and may be prosecuted civilly or criminally as a misdemeanor, civil nuisance or through the administrative citation process under provisions of Sections 1.08.030 through 1.08.070 of this code.
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Violation of this subsection by the person responsible for the
party and/or the owner or occupant of the property shall be a misdemeanor.
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k.
Commercial Tree Removal or Trimming Services. The trimming or removing of trees by a commercial service using any electrical or gas powered machine between the hours of 7:00 p.m. and 8:00 a.m. on weekdays; or at any time on Saturday or Sunday, New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day; all except as provided in subsection (d) of Section 9.08.060.
(Prior code § 4304; Ord. 85-21, 1985; Ord. 85-85 § 2, 1985; Ord. 86-123 § 2, 1986; Ord. 87-139 § 2, 1987; Ord. 90-270U § 2, 1990; Ord. 90-270 § 2, 1990; Ord. 92-354 § 2, 1992; Ord. 94-412 § 1, 1994; Ord. 95-435 § 4, 1995; Ord. 97-507 § 12, 1997; Ord. 04-690 § 1, 2004; Ord. 07-768 § 3, 2007; Ord. 07-769U § 3, 2007; Ord. 09-808 § 2, 2009; Ord. 16-984 § 3, 2016; Ord. 19-1061 § 1, 2019; Ord. 21-1175 § 2, 2022)
The following activities shall be exempt from the provisions
of this chapter:
a.
Emergency Exemption. 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. For the purposes of
this section, "emergency" means a condition that constitutes an immediate
threat to public safety, health or welfare or to property.
b.
Warning Devices. Warning devices necessary for the protection
of public safety as for example, police, fire and ambulance sirens
and train horns.
c.
Outdoor Activities. Activities conducted on public playgrounds,
fully licensed and approved child day care facilities within residential
areas as permitted by law, and public or private school grounds, including
but not limited to school athletic and school entertainment events.
d.
Construction and Commercial Tree Removal or Trimming Services –
Special Circumstances. The provisions of Section 9.08.050 do not apply to any person who performs construction, repair, earthmoving work, excavation or commercial tree trimming and removal services if and to the extent that the City Manager has given express prior written permission to perform such work at times prohibited in Section 9.08.050. In order to be given such permission, the person must submit to the City Manager an application in writing, stating the reasons for the request and the facts upon which such reasons are based. The City Manager may grant or conditionally grant such permission if the City Manager, City Engineer, Code Enforcement Officer or Building Official has found that:
1.
The
work proposed to be done is necessary to protect or promote public
safety or welfare or is otherwise in the public interest; or
2.
Hardship, including, but not limited to, unreasonable delay due to weather, acts of God or labor strikes, would result from the interruption thereof during the hours and days specified in Section 9.08.060; or
3.
The
building or structure involved is devoted or intended to be devoted
to a use immediately incidental to public defense.
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Any applicant dissatisfied with the decision of the City Manager
may appeal to the City Council by filing a notice of appeal with the
City Clerk within ten days after notice of the City Manager's decision.
The City Council shall, within thirty days of filing the appeal, affirm,
reverse or modify the decision of the City Manager.
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The provisions of Section 9.08.050 do not apply to the construction, repair, excavation, or commercial tree trimming and removal during prohibited hours as may be necessary for the preservation of life or property, when such necessity arises during such hours as the offices of the city are closed, or where such necessity requires immediate action prior to the time at which it would be possible to obtain a permit pursuant to this section. The person doing such construction, repair, excavation, or commercial tree trimming and removal shall obtain a permit therefor within one business day of such construction, repair, excavation, or commercial tree trimming and removal.
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e.
Outdoor Gatherings, Public Dances, Shows and Sporting Events. Provided the events are conducted pursuant to a permit issued by
the City Manager.
f.
Mechanical Equipment. Properly maintained HVAC units, refrigeration
units, pool/hot tub motors and exhaust fans required by the Los Angeles
County Fire Code or the West Hollywood Building Code.
(Prior code § 4305; Ord. 85-21, 1985; Ord. 95-435 § 6, 1995; Ord. 16-984 §§ 4, 5, 2016)
A violation of this chapter is subject to the administrative penalty provisions of Sections 1.08.030 through 1.08.070 of this code. The City Manager shall have primary responsibility, with such assistance of the Sheriff's Department as may be necessary or desirable, for the enforcement of the noise regulations contained herein. Nothing in this chapter shall preclude the City Manager from seeking to obtain voluntary compliance by way of warning, notice, or informational materials.
(Prior code § 4306; Ord. 85-21, 1985; Ord. 95-435 § 6, 1995; Ord. 97-507 § 13, 1997)
a.
Deactivation. In addition to the remedies set forth in this
chapter, the Sheriff's Department may undertake such procedures as
are reasonably necessary to deactivate a motor vehicle alarm generating
noise in violation of this chapter. If the Sheriff's Department is
unable to deactivate the alarm, the Sheriff may cause the motor vehicle
to be removed according to the procedure set forth in Section 22651.5
of the California Vehicle Code.
(Prior code § 4307; Ord. 92-354 § 3, 1992)
b.
The persons denoted in subsection a. of this section shall be jointly and severally liable for the following costs incurred by the city:
1.
The actual cost to the city of enforcement (which term includes Fire Department) services, excluding the initial response provided by city or enforcement (which term includes Fire Department) personnel, necessary to abate a violation of Section 9.08.050;
2.
Damage
to public property resulting from such enforcement (which term includes
Fire Department) response; and
3.
Injuries
to any city personnel or enforcement (which term includes Fire Department)
personnel involved in such enforcement (which term includes Fire Department)
response.
c.
The Los Angeles County Sheriff's Department and or Code Compliance Division shall accurately compute the cost of providing such services in accordance with the schedule of rates and charges for personnel and equipment contained in the law enforcement services agreement or city fee schedule and advise the City Manager of such costs as well as any other costs of damage to public property or injuries to personnel resulting from the enforcement (which term includes Fire Department) response. The City Manager shall bill said costs (and any additional such costs of the city) to the person or persons specified above in subsection (a) of this section. Payment shall be due and payable within thirty days of the billing date. If the amount due is not paid, the city may collect the debt, as well as any fees and costs incurred in its collection, pursuant to all applicable provisions of law.
d.
The
remedies set forth in this section are not exclusive and may be used
in addition to those set forth elsewhere in this code or by law.
(Prior code § 4308; Ord. 92-354 § 7, 1992; Ord. 21-1175 § 3, 2022)
