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.
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. |
Violation of this subsection by the person responsible for the party and/or the owner or occupant of the property shall be a misdemeanor. |
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.
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. |
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. |
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)