It is hereby declared to be the policy of the city of Manteca
to prohibit and control unnecessary, excessive and annoying noise
and vibration in the city in order to preserve tranquility and protect
the use and enjoyment of residential and commercial property.
(Ord. 1374 § 1, 2007)
The following words, phrases and terms as used in this chapter
shall have the meanings indicated as follows:
"City manager"
means the city manager of the city of Manteca or the city
manager's designee.
"Commercial purpose"
means and includes the operation of a business for profit
involving the sale or advertising of goods or services.
"Construction"
means any site preparation, assembly, erection, substantial
repair, alteration or similar action on public or private property.
"Emergency machinery, vehicle or alarm"
means any machinery, vehicle or alarm used, employed, performed
or operated in response to an emergency, including but not limited
to work by private or public utilities when restoring utility service.
"Emergency work"
means any work performed for the purpose of preventing or
alleviating the physical trauma or property damage threatened or caused
by an emergency, including but not limited to work by private or public
utilities when restoring utility services.
"Motor vehicles"
means and includes any and all self-propelled vehicles as
defined in the California Motor
Vehicle Code, including all on-highway
type motor vehicles subject to registration under this code, all off-highway
type motor vehicles subject to identification under said code and
mini-bikes, motorized scooters and go-carts.
"Noncommercial purpose"
means the use, operation or maintenance of any sound equipment
for other than a commercial purpose.
"Person"
means a person, firm, association, co-partnership, joint
venture, corporation or any entity, public or private in nature.
"Police chief"
means the police chief of the city of Manteca or designee.
"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 include standard automobile radios when used and heard only
by the occupants of the vehicle in which the automobile radio is installed.
Sound amplifying equipment as used in this chapter shall not include
warning devices on authorized emergency vehicles, or horns or other
warning devices on any vehicles used only for traffic safety purposes.
"Sound truck"
means any motor vehicle, or any other vehicle regardless
of motive power, whether in motion or stationary, having mounted thereon,
or attached thereto, any sound amplifying equipment.
"Weekday"
means any day, Monday through Friday, which is not a legal
holiday.
(Ord. 1374 § 1, 2007)
No person shall make, or cause to suffer, or permit to be made
upon any public property, public right-of-way or private property,
any unnecessary and unreasonable noises, sounds or vibrations which
are physically annoying to reasonable persons of ordinary sensitivity
or which are so harsh or so prolonged or unnatural or unusual in their
use, time or place as to cause or contribute to the unnecessary and
unreasonable discomfort of any persons within the neighborhood from
which said noises emanate or which interfere with the peace and comfort
of residents or their guests, or the operators or customers in places
of business in the vicinity, or which may detrimentally or adversely
affect such residences or places of business.
(Ord. 1374 § 1, 2007)
Notwithstanding any other provisions of this chapter, the following
acts and the causing or permitting thereof, are declared and deemed
to be in violation of this chapter:
A. Radios,
Stereos, etc. The using, operating, or permitting to be played, used,
or operated between the hours of ten p.m. and eight 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 the property line of the property from which the sound
is emanating.
B. Placement
of Stereo Speakers. The amplification of music or any other sound
on private property, through speakers located either (1) outdoors,
or (2) in one or more windows or doorways, when such speakers are
directed towards and such music is plainly audible on an immediately
adjacent public right-of-way.
C. Band
or Orchestral Rehearsals. The conducting of or carrying on, or allowing
the conducting or carrying on of band or orchestral concerts or rehearsals
or practices between the hours of ten p.m. and eight a.m. sufficiently
loud as to be plainly audible at the property line of the property
from which the sound is emanating.
D. Engines,
Motors and Mechanical Devices Near Residential District. The sustained,
continuous or repeated operation or use between the hours of ten p.m.
and eight 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 the
property line of the property from which the sound is emanating.
E. Motor
Vehicles. Racing the engine of any motor vehicle or needlessly bringing
a motor vehicle to a sudden start or stop.
F. Loading
and Unloading. Loading, unloading, opening, closing or other handling
of boxes, crates, containers, building materials, garbage cans or
similar objects between the hours of ten p.m. and eight a.m. in such
a manner as to cause noise disturbance, except for solid waste collection.
G. Nonemergency
Signaling Devices. Sounding or permitting the sounding of any electronically
amplified signal from any bell, chime, siren, whistle or similar device,
intended primarily for nonemergency purposes, from any place between
the hours of ten p.m. and eight a.m., and in no event for more than
ten consecutive seconds in any hourly period outside those hours.
H. 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, provided,
however that testing of an emergency signaling device is permitted
between the hours of ten a.m. and eight 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.
2. Sounding
or permitting the sounding of any exterior burglar or fire alarm unless
such alarm is terminated within fifteen minutes of activation.
3. Sounding
or permitting the sounding of any motor vehicle alarm unless such
alarm is terminated within five minutes of activation.
4. Sounding
or permitting the sounding of any motor vehicle alarm more than three
times of any duration in any twenty-four hour period.
I. Leaf
Blowers. The use or operation or allowing the use or operation of
any portable machine powered with a combustion, gasoline or electric
powered engine used to blow leaves, dirt and other debris off sidewalks,
driveways, lawns and other surfaces between the hours of ten p.m.
and eight a.m. and is sufficiently loud as to be plainly audible at
the property line of the property from which the sound is emanating.
J. 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 ten p.m. and eight a.m. that is plainly audible from the residential
dwelling unit's property line.
K. Construction
Equipment. The use or operation of any construction equipment between
the hours of eight p.m. and seven a.m. and is sufficiently loud as
to be plainly audible at the property line of the property from which
the sound is emanating.
(Ord. 1374 § 1, 2007)
The following provisions apply to party or gathering of two
or more people on private property generating any noise that is plainly
audible at the property line of the property from which the noise
is emanating, or is determined by a law enforcement officer at the
scene to constitute a violation of the California
Penal Code or the
Manteca Municipal Code, or is otherwise a threat to the public peace,
health, safety, or welfare due to the magnitude of the crowd, the
disturbance, unruly behavior or destruction of property generated
by the party or gathering, or excessive traffic caused by the party
or gathering.
A. The law enforcement officer at the scene shall take such actions and give such direction as is necessary to abate the violation or condition, and shall advise the responsible person orally and in writing that if additional law enforcement personnel or emergency service providers are called upon to respond on behalf of the city to abate the condition, the responsible person and the owner or occupant of the property shall be held liable for the cost to the city 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. If the condition is not voluntarily abated and if additional law enforcement personnel or emergency service providers are called upon to respond on behalf of the city in order to disperse the party or gathering, quell any disturbance, direct traffic, cite illegally parked vehicles or otherwise respond, then the cost to the city of such additional services shall be reimbursed to the city as provided in subsection
B of this section.
B. The person or persons responsible for a party or gathering described in subsection
A of this section, or the owner or occupant of the property on which the party or gathering is held, or, if any such person is a minor, the parents or legal guardian of the minor shall be jointly and severally liable for the following costs incurred by the city:
1. The actual cost to the city of law enforcement services and emergency services, excluding the initial response provided by a law enforcement officer, in order to abate any of the conditions described in subsection
A of this section;
2. Damage
to public property resulting from such law enforcement or emergency
response; and
3. Injuries
to any law enforcement or emergency service personnel involved in
such law enforcement or emergency response.
C. The city manager or his or her designee shall calculate all such costs. The person or persons specified above in subsection
B of this section shall be billed by the city manager or designee for the total cost, and payment shall be due and payable within fifteen 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.
(Ord. 1374 § 1, 2007)
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,
such as 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. Outdoor
Gatherings, Public Dances, Shows and Sporting Events. Provided the
events are conducted pursuant to a permit issued by the city manager.
E. Operation
of city vehicles, controls, and alarms.
F. Public
health and safety activities, including, but not limited to: all transportation,
flood control, and utility company maintenance and construction operation
at any time on public rights-of-way, public property and those situations
that may occur on private property deemed necessary to serve the best
interest of the public and to protect the public's health and well-being,
including debris and limb removal, removal of damaged poles and vehicles,
removal of downed wires, repair of traffic signals, repair of water
hydrants and mains, gas lines, oil lines, and sewers, restoration
of electrical service, street sweeping, unplugging sewers, vacuuming
catch basins, municipal well borehole drilling, municipal well casing
installation, etc. The regular testing of motorized equipment and
pumps shall not be exempt.
G. Emergency
generators when operated during power outages to restore electrical
service due to a situation beyond the control of the owner/operator
of the facility or residential home/development.
(Ord. 1374 § 1, 2007; Ord. 1596 § 1, 2016; Ord. O2019-09 § 1)
A violation of any of the provisions of this chapter shall be a misdemeanor, punishable pursuant to the provisions of Chapter
1.12 of this code.
(Ord. 1374 § 1, 2007)
Nothing in this chapter shall preclude the city manager from
seeking to obtain voluntary compliance by way of warning, notice or
informational materials.
(Ord. 1374 § 1, 2007)