The Sacramento County Board of Supervisors finds:
a. Excessive,
unnecessary or offensive noise within the County is detrimental to
the public heath, safety, welfare and the peace and quiet of the inhabitants
of the County and therefore is declared a public nuisance; and
b. Every
person in the County is entitled to live in an environment free from
excessive, unnecessary or offensive noise levels; and
c. The
establishment of maximum permissible noise levels will further the
public health, safety, welfare and peace and quiet of county inhabitants.
(SCC 254 § 1, 1976)
It is declared to be the policy and purpose of this chapter
of the Sacramento County Code to assess complaints of noises alleged
to exceed the ambient noise levels. Further, it is declared to be
the policy to contain sound levels in the County of Sacramento at
their present levels with the ultimate goal of reducing such levels,
when and where feasible and without causing undue burdens, to meet
the noise standards set forth in this chapter.
(SCC 254 § 1, 1976)
This chapter shall be liberally construed so as to effectuate
its purposes.
(SCC 254 § 1, 1976)
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
as a separate, distinct and independent provision, and such holding
shall not affect the validity of the remaining portions thereof.
(SCC 254 § 1, 1976)
The following words, phrases and terms as used in this chapter
shall have the following meanings:
a. "Ambient
noise level" means the all-encompassing noise level associated with
a given environment, being a composite of sounds from all sources,
excluding the alleged offensive noise, at the location and approximate
time at which a comparison with the alleged offensive noise is to
be made.
b. "County"
means the unincorporated area of the County of Sacramento.
c. "Cumulative
period" means an additive period of time composed of individual time
segments which may be continuous or interrupted.
d. "Decibel"
or "dB" means a unit which denotes the ratio between two quantities
which are proportional to power; the number of decibels corresponding
to the ratio of two amounts of power is ten times the logarithm to
the base of ten of this ratio.
e. "Emergency
work" means the use of any machinery, equipment, vehicle, manpower
or other activity in an effort to protect, maintain, provide or restore
safe conditions in the community or for citizenry, or work by private
or public utilities when restoring utility service.
f. "Hertz"
means a unit of measurement of frequency, numerically equal to cycles
per second.
g. "Impulsive
noise" mans a noise characterized by brief excursions of sound pressures
whose peak levels are very much greater than the ambient noise level,
such as might be produced by the impact of a pile driver, punch press
or a drop hammer, typically with one second or less duration.
h. "Noise
level" means the "A" weighted sound pressure level in decibels obtained
by using a sound level meter at slow response with a reference pressure
of twenty microPascals. The unit of measurement shall be designated
as "dBA."
i. "Person"
means a person, firm, association, copartnership, joint venture, corporation,
or any entity, public or private in nature.
j. "Residential
property" means a parcel of real property which is developed and used
either in part or in whole for residential purposes, other than transient
uses such as hotels and motels.
k. "Simple
tone noise" or "pure tone noise" means a noise characterized by the
presence of a predominant frequency or frequencies such as might be
produced by whistle or hum.
l. "Sound
level meter" means an instrument meeting American National Standard
Institute's Standard S1.4-1971 for Type 2 sound level meters or an
instrument and the associated recording and analyzing equipment which
will provide equivalent data.
m. "Sound
pressure level" means a sound pressure level of a sound, in decibels,
as defined in ANSI Standards 51.2-1962 and 51.13-1921; that is, twenty
times the logarithm to the base ten of the ratio of the pressure of
the sound to a reference pressure, which reference pressure shall
be explicitly stated.
n. "Zone"
means any of the zones specified in Article 2 of Chapter 1 of the
Zoning Code of Sacramento County as such zones are presently identified
therein and as they may be subsequently modified or altered.
(SCC 254 § 1, 1976)
a. Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in Section
6.68.050.
b. The
location selected for measuring exterior noise levels shall be at
a point at least one foot inside the property line of the affected
residential property. Where feasible, the microphone shall be at a
height of three to five feet above ground level and shall be at least
four feet from walls or similar reflecting surfaces. In the case of
interior noise measurements, the windows shall be in normal seasonal
configuration and the measurement shall be made at a point at least
four feet from the wall, ceiling or floor nearest the affected occupied
area.
(SCC 254 § 1, 1976)
a. The
following noise standards, unless otherwise specifically indicated
in this chapter, shall apply to all properties within a designated
noise area.
Noise Area
|
County Zoning Districts
|
Time Period
|
Exterior Noise Standard
|
---|
1
|
RE-1, RD-1, RE-2, RD-2, RE-3, RD-3, RD-4, R-1-A, RD-5, R-2,
RD-10, R-2A, RD-20, R-3, R-D-30, RD-40, RM-1, RM-2, A-1-B,AR-1, A-2,
AR-2, A-5, AR-5
|
7 a.m.—10 p.m.
|
55 dBA
|
10 p.m.—7 a.m.
|
50dBA
|
b. It is
unlawful for any person at any location within the County to create
any noise which causes the noise levels on an affected property, when
measured in the designated noise area, to exceed for the duration
of time set forth following, the specified exterior noise standards
in any one hour by:
Cumulative Duration of the Intrusive Sound
|
Allowance Decibels
|
---|
1. Cumulative period of 30 minutes per hour
|
0
|
2. Cumulative period of 15 minutes per hour
|
+ 5
|
3. Cumulative period of 5 minutes per hour
|
+10
|
4. Cumulative period of 1 minute per hour
|
+15
|
5. Level not to be exceeded for any time per hour
|
+20
|
c. Each
of the noise limits specified in subdivision (b) of this section shall
be reduced by five dBA for impulsive or simple tone noises, or for
noises consisting of speech or music.
d. If the
ambient noise level exceeds that permitted by any of the first four
noise-limit categories specified in subdivision (b), the allowable
noise limit shall be increased in five dBA increments in each category
to encompass the ambient noise level. If the ambient noise level exceeds
the fifth noise level category, the maximum ambient noise level shall
be the noise limit for that category.
(SCC 254 § 1, 1976; SCC
490 § 2, 1981)
a. In any
apartment, condominium, townhouse, duplex or multiple dwelling unit
it is unlawful for any person to create any noise from inside his
unit that causes the noise level when measured in a neighboring unit
during the periods ten p.m. to seven a.m. to exceed:
1. Forty-five
dBA for a cumulative period of more than five minutes in any hour;
2. Fifty
dBA for a cumulative period of more than one minute in any hour;
3. Fifty-five
dBA for any period of time.
b. If the
ambient noise level exceeds that permitted by any of the noise level
categories specified in subdivision (a) of this section, the allowable
noise limit shall be increased in five-dBA increments in each category
to encompass the ambient noise level.
(SCC 254 § 1, 1976)
The following activities shall be exempted from the provisions
of this chapter:
a. School
bands, school athletic and school entertainment events;
b. Outdoor
gatherings, public dances, shows and sporting and entertainment events,
provided said events are conducted pursuant to a license or permit
by the County;
c. Activities
conducted on parks, public playgrounds and school grounds, provided
such parks, playgrounds and school grounds are owned and operated
by a public entity or private school;
d. Any
mechanical device, apparatus or equipment related to or connected
with emergency activities or emergency work;
e. Noise
sources associated with construction, repair, remodeling, demolition,
paving or grading of any real property, provided said activities do
not take place between the hours of eight p.m. and six a.m. on weekdays
and Friday commencing at eight p.m. through and including seven a.m.
on Saturday; Saturdays commencing at eight p.m. through and including
seven a.m. on the next following Sunday and on each Sunday after the
hour of eight p.m. Provided, however, when an unforeseen or unavoidable
condition occurs during a construction project and the nature of the
project necessitates that work in process be continued until a specific
phase is completed, the contractor or owner shall be allowed to continue
work after eight p.m. and to operate machinery and equipment necessary
until completion of the specific work in progress can be brought to
conclusion under conditions which will not jeopardize inspection acceptance
or create undue financial hardships for the contractor or owner;
f. Noise
sources associated with agricultural operations, provided such operations
do not take place between the hours of eight p.m. and six a.m.;
g. All
mechanical devices, apparatus or equipment which are utilized for
the protection or salvage of agricultural crops during periods of
adverse weather conditions or when the use of mobile noise sources
is necessary for pest control;
h. Noise
sources associated with maintenance of residential area property,
provided said activities take place between the hours of six a.m.
and eight p.m. on any day except Saturday or Sunday, or between the
hours of seven a.m. and eight p.m. on Saturday or Sunday;
i. Any
activity, to the extent provisions of Chapter 65 of Title 42 of the
United States Code, and Articles 3 and 3.5 of Chapter 4 of Division
9 of the
Public Utilities Code of the State of California preempt
local control of noise regulations and land use regulations related
to noise control of airports and their surrounding geographical areas,
any noise source associated with the construction, development, manufacture,
maintenance, testing or operation of any aircraft engine, or of any
weapons system or subsystems which are owned, operated or under the
jurisdiction of the United States, or any other activity to the extent
regulation thereof has been preempted by state or federal law or regulation;
j. Any
noise sources associated with the maintenance and operation of aircraft
or airports which are owned or operated by the United States.
(SCC 254 § 1, 1976)
a. Any
industrial or commercial facility in existence prior to July 1, 1976
shall be allowed a one-year period commencing on said date within
which to comply with this chapter.
b. During
said one-year period, all such facilities shall make reasonable efforts
to be in compliance and to reduce noise which exceeds the standards
specified in this chapter. Commencing at the end of one year after
July 1, 1976, any such facility shall be subject to all applicable
requirements of this chapter.
c. If any facility which is not in compliance by the end of said one-year period applies for a variance pursuant to Section
6.68.200, in deciding whether to grant a variance the Hearing Board shall take into account the extent to which the applicant has endeavored to reduce noise during said one-year period to meet the standards specified in this chapter.
d. This
section applies only to a commercial or industrial facility already
in existence or for which the work of improvement has commenced prior
to July 1, 1976.
e. As used
in this section "industrial facility" means any building, structure,
factory, plant, premises or portion thereof used for manufacturing
or industrial purposes, and "commercial facility" means any building,
structure, premises or portion thereof used for wholesale or retail
commercial purposes.
(SCC 254 § 1, 1976)
It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church, while the same is in use, to exceed the noise standards specified in Section
6.68.070 or to create any noise which unreasonably interferes with the use of such institution or unreasonably disturbs or annoys patients in the hospital. In any disputed case, interfering noise which is ten dBA or more, greater than the ambient noise level at the building, shall be deemed excessive and unlawful.
(SCC 254 § 1, 1976)
a. It is
unlawful for any person to operate any mechanical equipment, pump,
fan, air conditioning apparatus, stationary pumps, stationary cooling
towers, stationary compressors, similar mechanical devices, or any
combination thereof installed after July 1, 1976 in any manner so
as to create any noise which would cause the maximum noise level to
exceed:
1. Sixty
dBA at any point at least one foot inside the property line of the
affected residential property and three to five feet above ground
level;
2. Fifty-five
dBA in the center of a neighboring patio three to five feet above
ground level;
3. Fifty-five
dBA outside of the neighboring living area window nearest the equipment
location. Measurements shall be taken with the microphone not more
than three feet from the window opening but at least three feet from
any other surface.
b. Equipment
installed five years after July 1, 1976 must comply with a maximum
limit of fifty-five dBA at any point at least one foot inside the
property line of the affected residential property and three to five
feet above ground level.
c. Equipment
installed before December 17, 1970 must comply with a limit of sixty-five
dBA maximum in sound level at any point at least one foot inside the
affected property line and three to five feet above ground level by
January 1, 1977. Equipment installed between December 16, 1970 and
July 1, 1976 must comply with a limit of sixty-five dBA maximum sound
level at any point at least one foot inside the property line of the
affected residential property and three to five feet above ground
level.
(SCC 254 § 1, 1976)
It is unlawful for any person to operate any motorcycle or recreational off-road vehicle within the County in such a manner that the noise level exceeds the exterior noise standards specified in Section
6.68.070.
(SCC 254 § 1, 1976)
It is unlawful for any person authorized to engage in waste
disposal service or garbage collection to operate any truck-mounted
waste or garbage loading and/or composting equipment or similar mechanical
device in any manner so as to create any noise exceeding the following
level, when measured at a distance of fifty feet from the equipment
in an open area.
a. New
equipment purchased or leased on or after a date six months from July
1, 1976 shall not exceed a noise level of eighty dBA.
b. New
equipment purchased or leased on or after forty-two months from July
1, 1976 shall not exceed a noise level of seventy-five dBA.
c. Present
equipment shall not exceed a noise level of eighty dBA on or after
five years from July 1, 1976.
The provisions of this section shall not abridge or conflict
with the powers of the state over motor vehicle control.
|
(SCC 254 § 1, 1976)
Notwithstanding any other provision of this Code and in addition
thereto, it is unlawful for any person to permit or cause any noise,
sound, music or program to be emitted from any radio, tape player,
tape recorder, record player or television outdoors on or in any publicly
owned property, park or place when such noise, sound, music or program
is audible to a person of normal hearing sensitivity one hundred feet
from said radio, tape player, tape recorder, record player or television.
a. As used
herein, "a person or normal hearing sensitivity" means a person who
has a hearing threshold level of between zero decibels and 25 decibels
HL averaged over the frequencies 500, 1,000 and 2,000 Hertz.
b. Notwithstanding
any other provision of this Code, any person violating this section
shall be guilty of an infraction and upon conviction thereof, is punishable
by a fine not exceeding fifty dollars for a first violation; a fine
not exceeding one hundred dollars for a second violation of this section
within one year; a fine not exceeding two hundred fifty dollars for
each additional violation of this section within one year. A person
who violates the provisions of this section shall be deemed to be
guilty of a separate offense for each day, or portion thereof, during
which the violation continues or is repeated.
c. Notwithstanding Sections
6.60.010 and
6.68.230 or any other provision of this Code, no citation or notice to appear shall be issued or criminal complaint shall be filed for a violation of this section unless the offending party is first given a verbal or written notification of violation by any peace officer, public officer, park ranger or other person charged with enforcing this section and the offending party given an opportunity to correct said violation.
d. This section shall not apply to broadcasting from any aircraft, vehicle or stationary sound amplifying equipment as defined and regulated in Chapter 5.56 or to the use of radios, tape players, tape recorders, record players or televisions in the course of an assembly or festival for which a license has been issued pursuant to Section
9.36.072 or a parade for which a permit has been issued pursuant to Section
10.32.020 or any other activity, assembly or function for which a permit or license has been duly issued pursuant to any provision of the Code.
(SCC 490 § 1, 1981)
Notwithstanding any other provisions of this chapter and in
addition thereto, it is unlawful for any person to wilfully make or
continue or cause to be made or continued any loud, unnecessary or
unusual noise which disturbs the peace and quiet of any neighborhood
or which causes discomfort or annoyance to any reasonable person of
normal sensitiveness residing in the area.
The standards which shall be considered in determining whether
a violation of the provisions of this section exists shall include,
but not be limited to, the following:
a. The
sound level of the objectionable noise;
b. The
sound level of the ambient noise;
c. The
proximity of the noise to residential sleeping facilities;
d. The
nature and zoning of the area within which the noise emanates;
e. The
density of the inhabitation of the area within which the noise emanates;
f. The
time of day or night the noise occurs;
g. The
duration of the noise and its tonal informational or musical content;
h. Whether
the noise is continuous, recurrent or intermittent;
i. Whether
the noise is produced by a commercial or noncommercial activity.
(SCC 254 § 1, 1976)
The administration of this chapter is vested in the Sacramento
County Health Officer. The health officer shall be responsible for:
a. Employing
individuals trained in acoustical engineering or an equivalent field
to assist the health officer in the administration of this chapter;
b. Training
field inspectors;
c. Procuring
measuring instruments and training inspectors in their calibration
and operation;
d. Conducting
a public education program in all aspects of noise control;
e. Coordinating
the noise control program with other governmental agencies.
(SCC 254 § 1, 1976)
At least every third year following July 1, 1976, the health
officer shall evaluate the effectiveness of the noise control program
in Sacramento County and shall make recommendations to the Board of
Supervisors for its improvement.
(SCC 254 § 1, 1976)
Within one year after July 1, 1976, the health officer, with
the advice and assistance of other appropriate governmental agencies,
shall investigate and recommend to the Board of Supervisors the following:
a. Rules
and procedures to be used in measuring noise;
b. Noise
standards for motor vehicle operation within the County. However,
nothing within this ordinance shall be deemed to abridge or conflict
with the powers of the state over motor vehicle control;
c. Noise
standards governing the construction, repair or demolition of a structure,
including streets and other thoroughfares;
d. Recommendations,
if appropriate, for the establishment of sound level standards for
nonresidentially zoned areas within the County.
(SCC 254 § 1, 1976)
Notwithstanding any provision of this chapter, the County Health
Officer may grant special condition permits for a period not exceeding
three days when the general purpose and intent of this chapter can
be carried out by the granting of the special condition permit. Said
special condition permits may be renewed for periods not exceeding
three days at the discretion of the health officer.
(SCC 254 § 1, 1976)
a. The
owner or operator of a noise source which violates any of the provisions
of this chapter may file an application with the health officer for
a variance from the provisions thereof. The application shall set
forth all actions taken to comply with this chapter, the reasons why
immediate compliance cannot be achieved, a proposed method for achieving
compliance, and a proposed time schedule for its accomplishment. Said
application shall be accompanied by a fee in the amount of seventy-five
dollars. A separate application shall be filed for each noise source;
provided, however, that several mobile sources under common ownership
or several fixed sources on a single property may be combined into
one application. Upon receipt of said application and fee, the health
officer shall refer the application, with his recommendation thereon,
within ten days to the Hearing Board.
b. Upon
receipt of an application for a variance, the Hearing Board shall
schedule a public hearing, to be conducted within sixty days of receipt
of the application. During the public hearing the applicant and the
health officer may submit oral and documentary evidence relative to
their respective contentions.
c. The
Hearing Board may deny the application for a variance or may grant
a variance. A variance may be for a limited period and may be subject
to any other terms, conditions and requirements as the Hearing Board
may deem reasonable to achieve maximum compliance with the provisions
of this chapter. Such terms, conditions and requirements may include,
but shall not be limited to, limitations on noise levels and operating
hours.
d. Each
variance shall set forth the approved method of achieving maximum
compliance and a time schedule for its accomplishment. In its determinations,
the Hearing Board shall consider the magnitude of nuisance caused
by the offensive noise, the uses of property within the area of impingement
by the noise, the time factors related to study, design, financing
and construction of remedial work, the economic factors related to
age and useful life of equipment, and the general public interest
and welfare.
e. In deciding whether to grant a variance, the Hearing Board shall consider all facts relating to whether strict compliance with the requirement of this chapter will cause practical difficulties, unnecessary hardship or unreasonable expense and any other relevant considerations including, but not limited to, the fact that a commercial or industrial facility as defined in Section
6.68.100 commenced development prior to the existence of a residence affected by noise from such facility.
f. The
Hearing Board shall render a decision within thirty days of completion
of the hearing. The decision of the Hearing Board shall be transmitted
to the applicant and to the health officer.
(SCC 254 § 1, 1976)
a. There
is created a joint City-County Hearing Board consisting of nine members.
b. Four
members of the Hearing Board shall be appointed by the Mayor of the
City of Sacramento with the approval of the City Council. One member
shall be an acoustical consultant with a background in engineering
and with a demonstrated knowledge and experience in the field of acoustics;
one member shall have been admitted to the practice of law in the
State of California; one member shall be a mechanical contractor holding
a current active State of California C-20 or SC-20 license; and one
member shall be representative of the general public.
c. Four
members shall be appointed by the Board of Supervisors of the County
of Sacramento. One member shall be a licensed professional mechanical
engineer; one member shall be a physician licensed in the State of
California, qualified in the field of physiological effects of noise;
one member shall be a general contractor engaged in general building
or engineering construction holding a current active State of California
A or B license; and one member shall be a representative of the general
public.
d. One member shall be appointed by the members of the Board who have been appointed by the City of Sacramento and the County of Sacramento pursuant to subsections
(b) and
(c) of this section. This member shall be a representative of business and industry.
e. The
term of office of each member shall be for three years and until the
appointment and qualifications of a successor. The first members of
the Hearing Board shall classify themselves by lot so that the term
of three members is for one year, three members is for two years,
and three members is for three years.
f. Any
member may be removed by the appointing authority or authorities.
Vacancies occurring during a term, whether by removal, resignation
or other cause, shall be filled for the unexpired term by the appointing
authority or authorities.
g. The
Health Officer of the County of Sacramento, or his appointing representative,
shall be a nonvoting ex officio member of the Hearing Board and shall
act as secretary of the Board.
h. The
Hearing Board shall adopt rules and regulations for its own procedures
in carrying out its functions under the provisions of this chapter.
i. Five
members of the Hearing Board shall constitute a quorum. If five or
more members of the Hearing Board conduct a hearing, concurrence of
the majority of those present shall be necessary for decision.
j. Meetings
of the Hearing Board shall be held at the call of the secretary and
at such times and locations as said board shall determine. All such
meetings shall be open to the public.
(SCC 254 § 1, 1976; SCC
273 § 1, 1976; SCC 351 § 1, 1978; SCC 360 § 1, 1978)
a. Within
10 days following the decision of the Hearing Board on an application
for a variance, the applicant or the Health Officer may appeal the
decision to the Board of Supervisors by filing a notice of appeal
with the secretary of the Hearing Board.
b. Within
10 days following receipt of a notice of appeal, the secretary of
the Hearing Board shall forward to the Board of Supervisors copies
of the application for variance and all papers and exhibits concerning
said application received by the Hearing Board and its decision thereon.
Any person may file with the Board of Supervisors written arguments
in favor of or against said decision.
c. The
Clerk of the Board of Supervisors shall mail to the applicant, Health
Officer and other individuals or entities so requesting a notice of
the date set for hearing of the appeal. The notice shall be mailed
at least 10 days prior to the hearing date.
d. Within
30 days following conduct of the hearing before the Board of Supervisors,
the Board shall either affirm, modify or reverse the decision of the
Hearing Board. In deciding the appeal, the Board of Supervisors shall
have the same powers as are conferred on the Hearing Board. The Board
of Supervisors may also direct the Hearing Board to conduct further
proceedings on said application. Failure of the Board of Supervisors
to affirm, modify or reverse a decision of the Hearing Board, or to
direct the Hearing Board to conduct further proceedings within a thirty-day
period from the date of the hearing, shall constitute an affirmation
of the decision of the Hearing Board.
(SCC 254 § 1, 1976)
Upon the receipt of a complaint from any person, the Sacramento
County Sheriff, the County Health Officer, or their duly authorized
representatives may investigate and assess whether the alleged noise
levels exceed the noise standards set forth in this chapter. If such
officers have reason to believe that any provision(s) of this chapter
has been violated, they may cause written notice to be served upon
the alleged violator. Such notice shall specify the provision(s) of
this chapter alleged to have been violated and the facts alleged to
constitute a violation, including dBA readings noted and the time
and place of their detection, and may include an order that corrective
action be taken within a specified time. If corrective action is not
taken within such specified time or any extension thereof approved
by the County Health Officer, upon conviction, the violation shall
constitute an infraction. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall
be punishable as such.
(SCC 254 § 1, 1976; SCC
576 § 6, 1983)
a. Provisions
of this chapter are to be construed as an added remedy of abatement
of the public nuisance declared and not in conflict or derogation
of any other action, proceedings or remedies provided by law.
b. Any
violation of the provisions of this chapter shall be, and the same
is declared to be unlawful and a public nuisance, and the duly constituted
authorities of the County shall, upon order of the Board of Supervisors,
immediately commence actions or proceedings for the abatement or enjoinment
thereof in the manner provided by law and shall take such steps and
shall apply to such court or courts as may have jurisdiction to grant
such relief as will abate such nuisance.
(SCC 254 § 1, 1976)