It is the purpose of this chapter to implement regulations and general administrative procedure to control and abate unreasonable, unnecessary, excessive and annoying noise and vibration. It is the further purpose of this chapter to recognize that the existence of unreasonable noise and vibration within the City is a condition that is detrimental to the peace, health, safety, welfare and quality of life of the citizens and shall be regulated in the public interest.
(Prior code § 90A.01; Ord. 757 6-7-22)
As used in this chapter, the following terms have the meanings given:
“Construction”
means any site preparation, assembly, erection, substantial repair, alteration, or similar action.
“Demolition”
means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.
“Leaf blower”
means any portable, handheld or backpack, engine-powered device with a nozzle that creates a direct airstream capable of and intended for moving leaves and light materials.
“Noise”
is interchangeable with the term “sound.”
“Noise disturbance”
means any sound that:
1. 
Endangers the safety or health of any person;
2. 
Disturbs a reasonable person of normal sensitivities; or
3. 
Endangers personal or real property.
“Noise sensitive zone”
means all parcels upon which noise sensitive activities are conducted, including, but not limited to, operations of schools, libraries open to the public, spas, hotels as defined in the transient occupancy tax provisions of the municipal code, churches, hospitals, and nursing homes.
Permitted hours of operation.
Where sound is restricted to “permitted hours of operation,” the term means:
1. 
Monday through Friday, 7:00 a.m. through 6:00 p.m.
2. 
Saturday, 8:00 a.m. through 6:00 p.m.
3. 
Sunday, 9:00 a.m. through 5:00 p.m.
“Powered model vehicle”
means any self-propelled airborne, waterborne, or land-borne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any model airplane, boat, car, or rocket.
“Real property boundary”
means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person or entity from that owned by an other, but not including intra-building real property divisions.
“Sound”
means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
“Sound amplifying equipment”
means any machine or device for the amplification of the human voice, music or any other sound. Sound amplifying equipment shall not be construed as including a standard automobile radio when used and heard only by the occupants of the vehicle in which it is installed or warning devices on authorized emergency vehicles.
“Sound truck”
means any motor vehicle or other vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon, built-in or attached thereto, any sound amplifying equipment.
(Prior code § 90A.02; Ord. 757 6-7-22)
A. 
It is unlawful and a public nuisance for any person to make, suffer, permit, allow, continue, or cause to be made, suffered, permitted, allowed, or continued, within the City limits or within 200 feet thereof, any noise disturbance.
B. 
The factors to determine whether a violation of this chapter occurred shall include, but are not limited to, the following:
1. 
The volume, level, and intensity of the noise;
2. 
Whether the nature of the noise is usual or unusual;
3. 
Whether the origin of the noise is natural or unnatural;
4. 
The level and intensity of the background (ambient) noise, if any;
5. 
The proximity of the noise to residential or commercial sleeping areas;
6. 
The nature and zoning of the area within which the noise emanates;
7. 
The density of inhabitation of the area within which the noise emanates;
8. 
The time of day or night the noise occurs;
9. 
The duration of the noise;
10. 
Whether the noise is constant, or recurrent or intermittent;
11. 
The number of persons affected by the noise;
12. 
Whether the noise is produced by a commercial or noncommercial activity;
13. 
If the noise is produced by a commercial activity, whether the activity is lawful under this Code and whether the noise is one that could reasonably be expected from the commercial activity.
(Prior code § 90A.03; Ord. 757 6-7-22)
The following acts, and the causing thereof, are declared to be in violation of this chapter:
A. 
The sounding of any horn or other auditory signaling devices on or in any motor vehicle except as a warning of danger.
B. 
The use or operation of any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loud speakers, sound amplifier, public address system or other similar machine or device for the producing or reproducing of sound:
1. 
Between the hours of 8:00 p.m. and 8:00 a.m. the following day in such a manner as to create a noise disturbance across a real property boundary;
2. 
In such a manner as to be plainly audible within any noise sensitive zone;
3. 
In such a manner as to be plainly audible at a distance of 50 feet from the source;
4. 
In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier.
C. 
The use or operation of a leaf blower:
1. 
Between the hours of 8:00 p.m. and 7:00 a.m. on Monday through Friday; and
2. 
Between the hours of 8:00 p.m. and 9:00 a.m. on Saturday and/or Sunday.
D. 
Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, squawks, or makes other sounds which create a noise disturbance across a residential real property boundary or which are audible within a noise sensitive zone.
(Prior code § 90A.04; Ord. 757 6-7-22)
A. 
Audible burglar alarms for structures or motor vehicles are prohibited unless the operation of such burglar alarm will be terminated within 10 minutes of being activated.
B. 
Notwithstanding the requirements of this chapter, any member of the Police Department of the City shall have the right to take such steps as may be reasonable and necessary to disconnect any such alarm installed in any building, dwelling, or motor vehicle at any time during the period of its activation. This section does not preclude the towing and storage of vehicles in accordance with the procedures set forth in the California Vehicle Code.
(Prior code § 90A.05; Ord. 757 6-7-22)
A. 
No person shall use, or cause to be used, a sound truck with its sound amplifying equipment in operation, for commercial or noncommercial purposes, in the City, before filing a written sound truck registration statement with the City Business Licensing Department.
B. 
Preexisting sound trucks operating in the City prior to the date of adoption of the ordinance codified in this chapter shall be granted a 60-day period from the date of adoption within which to comply with the provisions of this chapter and file a sound truck registration statement with the City Business Licensing Clerk.
C. 
The sound truck registration statement shall be filed in duplicate and shall state the following:
1. 
Name and home address of the registrant;
2. 
Address of place of business of registrant;
3. 
License number and motor number of the sound truck to be used by the registrant;
4. 
Name and address of person who owns the sound truck;
5. 
Name and address of person having direct charge of the sound truck;
6. 
Names and addresses of all persons who will use or operate the sound truck;
7. 
The purpose for which the sound truck will be used;
8. 
A general statement as to the section or sections of the City in which the sound truck will be used;
9. 
The proposed hours of operation of the sound truck;
10. 
The number of days of proposed operation of the sound truck;
11. 
Proof of current liability insurance;
12. 
A general description of the sound amplifying equipment that is to be used; and
13. 
The maximum sound producing power of the sound amplifying equipment to be used in or on the sound truck as follows:
a. 
The wattage to be used;
b. 
The volume in decibels of the sound that will be produced;
c. 
The approximate maximum distance which sound will be thrown from the sound truck.
D. 
All persons using, or causing to be used, sound trucks shall amend any registration statement filed pursuant to this section within 48 hours after any change in the information therein furnished.
E. 
The Business Licensing Clerk shall return to the registrant one copy of the registration statement duly certified as a correct copy of the registration statement. The certified copy of the registration statement shall be in the possession of any person operating the sound truck at all times while the sound truck’s sound amplifying equipment is in operation and the copy shall be presented to any enforcement officer of the City upon request.
F. 
Use of sound trucks in the City with sound amplifying equipment in operation shall be subject to the following regulations.
1. 
The only sounds permitted are music or human speech;
2. 
Operations are permitted during daylight hours each day. No sound amplifying equipment shall be used during hours of darkness. Darkness is defined as any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernable any person or vehicle on the roadway at a distance of 1,000 feet;
3. 
Sound amplification equipment shall not be operated within 100 yards of a noise sensitive zone or polling place;
4. 
The human speech and music amplified shall not be profane, lewd, indecent, or slanderous;
5. 
The volume of sound shall be controlled so that it will not be plainly audible for a distance in excess of 100 yards from the sound truck and so that the volume is not unreasonably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility.
(Prior code § 90A.06; Ord. 757 6-7-22)
Notwithstanding the provisions of this chapter, it is unlawful for any person including, but not limited to mobile food vending vehicles as defined in Chapter 5.52 of this Code, to sound, blow or operate any music, chimes or bells, or any similar sound device, amplified or otherwise, that can be heard for a distance greater than 50 feet, for any purpose.
(Prior code § 90A.07; Ord. 757 6-7-22)
No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, including but not limited to refrigerated truck compressors, for a period longer than 15 minutes in any hour while the vehicle is stationary, on a public right-of-way or public space, and within 150 feet of a residential dwelling or noise sensitive zone, between the hours of 7:00 p.m. and 7:00 a.m., for reasons other than traffic congestion.
(Prior code § 90A.08; Ord. 757 6-7-22)
Notwithstanding any other provisions of this chapter, it is unlawful and a public nuisance for any person to cause, suffer, allow, or permit any of the following except during permitted hours of operation:
A. 
Operation or use of powered model vehicles/planes.
B. 
Loading and unloading of vehicles, operating of forklifts or cranes within 1,000 feet of a residence or noise sensitive zone.
C. 
Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects in such a manner as to cause a noise disturbance across a residential real property boundary.
D. 
Repairing, rebuilding, modifying, or resting any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary.
E. 
Operating any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar device so as to cause a noise disturbance across a residential real property boundary.
(Prior code § 90A.09; Ord. 757 6-7-22)
It is unlawful and a public nuisance for any person to cause, suffer, allow or permit any construction, drilling or demolition work, or the use of tools or equipment therefor, during those times and on those days that such activities are prohibited pursuant to Section 9.04.030 of this Code, as may be amended from time to time.
(Prior code § 90A.10; Ord. 757 6-7-22)
A. 
The following activities shall be exempt from the provisions of this chapter:
1. 
Those noise events in the community (e.g., arterial traffic noise) that are more accurately measured by application of the general plan noise element policy;
2. 
School bands, school athletic and school entertainment events;
3. 
Outdoor gatherings, public dances, shows and sporting and entertainment events provided such events are authorized by the City via permit, or previously approved development agreement;
4. 
Activities conducted in public parks and public playgrounds with a valid City permit;
5. 
Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work;
6. 
The emission of sound for the purpose of alerting persons to the existence of any emergency;
7. 
The emission of sound in the performance of emergency work.
B. 
The provisions of this chapter 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 trash collection and those activities of public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission.
C. 
The provisions of this chapter shall not preclude activities reasonably required to comply with any Federal, State, County or local law.
D. 
If at the time the enforcement officer investigates a burglar alarm or noisy animal(s) complaint, and determines that the cause of the noise is the result of a person, other than the animal’s owner or caretaker, committing or attempting to commit an illegal act, such as trespass or theft, no violation of this chapter shall have taken place.
(Prior code § 90A.11; Ord. 757 6-7-22)
The Code Compliance Division, Police Department, the Building Department, the Business Licensing Department, and/or the Animal Control Department, shall have the power and authority to enforce any and all provisions of this chapter.
(Prior code § 90A.13; Ord. 757 6-7-22)
A. 
If a violation of this chapter is of a continuing nature, each day during any part of which it occurs shall constitute an additional, separate, and distinct offense.
B. 
A violation of the same provision of this chapter, by any person having been previously convicted of a violation of this chapter, may be prosecuted, at the discretion of the City Attorney, as either an infraction or as a misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment in the County Jail for a term not exceeding six months, or by both such fine and imprisonment.
(Prior code § 90A.15; Ord. 757 6-7-22)
All remedies set forth in this chapter shall be cumulative and in addition to any and all other remedies, civil, equitable, or criminal, afforded to the City under the law.
(Prior code § 90A.17; Ord. 757 6-7-22)