A. Causing
annoyance, discomfort or disturbing the peace. It is unlawful for
any person to make, cause or suffer or permit to be made or caused,
upon any premises owned, occupied or controlled by said person in
the City, any noises or sounds which cause annoyance or discomfort
to persons of ordinary sensitivity or which disturb the peace and
quiet of any neighborhood.
B. Factors
used in determining whether a violation has occurred. The factors
which shall be considered by the City in determining whether to issue
a citation for a violation and whether a violation of this section
has occurred shall include, but not be limited to, the following:
1. The
volume of the noise, music, or related sound;
2. The
intensity of the noise, music, or related sound;
3. The
duration, continuousness or repetitive nature of the noise, music,
or related sound;
4. Whether
the origin of the noise, music, or related sound is natural or unnatural
to the area in which it occurs;
5. The
volume and intensity of the background noise or sound, if any;
6. The
proximity of the noise, music, or related sound to residential sleeping
facilities or to overnight accommodations, such as hotels and motels;
7. The
proximity to offices, places of business or other areas where work
is known to be carried on, of the noise, music, or related sound;
8. The
nature and zoning of the area within which the noise, music, or related
sound emanates;
9. The
time of day or night the noise, music, or related sound occurs and
the relationship of this time to the normal activities of the area
in which it occurs and in relation to the other factors listed in
this subsection;
10. Whether the noise, music, or related sound is recurrent, intermittent,
or constant;
11. Whether the noise, music, or related sound is produced by a commercial
or a noncommercial activity;
12. Whether the person or business responsible for the noise, music,
or related sound has been previously recently warned that complaints
have been received about the noise, music, or related sound and such
person or business has failed to reduce it to an appropriate level.
(Prior code §32.28; Ord. 5145, 2000; Ord. 5740, 2016)
No person shall make, continue or cause to be made or continued,
or permit or allow to be made or continued, any noise disturbance
in such a manner as to be plainly audible by a person of ordinary
sensitivity at a distance of 50 feet from the noise source; provided,
nothing in this section shall be construed to prohibit any noise which
does not penetrate beyond the boundaries of the noise source's own
premises or does not constitute an unreasonable disturbance to people
lawfully on those premises.
(Ord. 5740, 2016)
A. The
following subsections set forth specific conduct which shall be unlawful:
1. Radios,
Television Sets, Musical Instruments and Similar Devices. Operating,
playing or permitting the operation or playing of any radio, television
set, music player, drum, musical instrument, or similar device which
produces or reproduces sound between the hours of 10:00 p.m. and 7:00
a.m. in such a manner as to create a noise disturbance audible by
a person of ordinary sensitivity across a residential or commercial
real property line.
2. Loudspeakers
and Amplified Sound. Using or operating for any purpose any loudspeaker,
loudspeaker system or similar device between the hours of 10:00 p.m.
and 7:00 a.m. in such a manner that the sound creates a noise disturbance
audible by a person of ordinary sensitivity across a residential real
property line. The applicable hours shall be extended to 1:30 a.m.
on the night before New Year's Day.
3. Animals
and Birds. Keeping, maintaining or possessing or harboring any animal
or bird which frequently or for long duration, howls, barks, meows,
squawks or makes other sounds which create a noise disturbance audible
by a person of ordinary sensitivity across a residential or commercial
real property line.
B. Exclusions.
1. Amplification
of sound by a person as part of an event or activity sponsored or
approved by the County of Santa Barbara on property owned by or leased
to the county, provided the county has adopted or approved a sound
control plan for the property which is applicable to the event or
activity.
2. Amplification
of sound by a person as a part of an event or activity sponsored or
approved by the County of Santa Barbara on property owned by or leased
to the County of Santa Barbara and for which property the county has
not developed a sound control plan.
3. Amplification
of sound by a person as part of an activity or event sponsored or
approved by the City of Santa Barbara on property owned by or leased
to the City of Santa Barbara.
4. Amplification
of sound by a person as part of an activity or event sponsored by
or approved by a nursery school or day care, elementary school, secondary
school or college or university on property owned by or leased to
the educational institution.
5. Amplification
of sound by a person as part of an activity or event sponsored by
or approved by a public entity on property owned by or leased to the
public entity.
(Ord. 5740, 2016; Ord. 6120, 2023)
It is unlawful for any person, between the hours of 8:00 p.m.
of any day and 7:00 a.m. of the following day to erect, construct,
demolish, excavate for, alter or repair any building or structure
unless a special permit has been applied for and granted by the Chief
Building Official. In granting such special permit, the Chief Building
Official shall consider if construction noise in the vicinity of the
proposed work site would be less objectionable at night than during
daytime because of different population levels or different neighboring
activities, if obstruction and interference with traffic, particularly
on streets of major importance, would be less objectionable at night
than during daytime, if the kind of work to be performed emits noises
at such a low level as to not cause significant disturbance in the
vicinity of the work site, if the neighborhood of the proposed work
site is primarily residential in character wherein sleep could be
disturbed, if great economic hardship would occur if the work were
spread over a longer time, if the work will abate or prevent hazard
to life or property, if the proposed night work is in the general
public interest; and he or she shall prescribe such conditions, working
times, types of construction equipment to be used, and permissible
noise emissions, as he or she deems to be required in the public interest.
This section shall not be applicable to activities of public or private
utilities when restoring utility service following a public calamity
or when doing work required to protect persons or property from an
imminent exposure to danger.
(Ord. 4039, 1980; Ord. 5740, 2016)
A. Definitions.
Leaf Blower.
Any device used, designed or operated to produce a current
of air by fuel, electricity or other means to push, propel or blow
cuttings, refuse or debris.
Noise Level Standards.
Measured in accordance with those standards developed under
the supervision of the American National Standards Institute's (ANSI)
"Committee for Sound Level Labeling Standard for Hand Held and Back
Pack Gasoline Engine Powered Blowers" presently adopted as ANSI B-175.2-1990
with the maximum noise level of 65 decibels.
B. Prohibition
in residential zones. It is unlawful for any person to operate a leaf
blower within 250 feet of any residential zone, as that term is defined
in Title 28 of this code, before 9:00 a.m. or after 5:00 p.m. Monday
through Saturday, or at any time on Sundays or national holidays,
provided that the City Parks and Recreation Department employees shall
be allowed to use leaf blowers between the hours of 7:00 a.m. and
9:00 a.m. Monday through Saturday when cleaning parking lots adjacent
to the City's Beachfront parks.
C. Cleanup
of debris. It is unlawful for any person operating any type of leaf
blower to blow cuttings, refuse or debris onto a neighboring property
or into a street or gutter. It is also unlawful for any person operating
any leaf blower to fail to properly dispose of accumulated debris,
leaves, or refuse in a sealed trash or refuse container.
D. Phase-out
of certain leaf blowers.
1. Existing
Leaf Blowers. The use of leaf blowers which are not manufactured to
meet or exceed the Noise Level Standards is prohibited in all areas
of the City, under all circumstances, after October 9, 1997.
2. Sale
of New Leaf Blowers. It is unlawful to sell or offer for sale within
the City of Santa Barbara leaf blowers which are not manufactured
to meet or exceed the Noise Level Standards of 65 decibels.
E. Certification.
Owners and operators will present equipment to the City Parks and
Recreation Director or designee, with an application and reasonable
fee, for noise testing according to ANSI testing criteria in the Noise
Level Standards. Leaf blowers which generate 65 decibels or less according
to the test will be issued a certification sticker, which is valid
for one year following the date of testing. The use of a leaf blower,
without a current and valid certification sticker affixed to it, within
the City after July 1, 1998, is an infraction. All sound level measurements
described in this section shall be taken with a Sound Level Meter.
F. Guidelines
for the proper use of leaf blowers. The City Parks and Recreation
Director is hereby authorized and directed to adopt guidelines for
the proper use of leaf blowers, which guidelines shall promote the
safe and efficient use of leaf blowers, while also mitigating, to
the extent possible, the noise and nuisance effects of leaf blowers.
The Finance Department is hereby directed to provide a copy of this
chapter and the leaf blower guidelines to each person obtaining a
City business license for the operating of a gardening or landscaping
maintenance service or business within the City. The operator of every
business establishment selling leaf blowers within the City of Santa
Barbara shall post in a conspicuous location and shall distribute
to all purchasers a copy of this chapter and the guidelines.
(Ord. 4452, 1987; Ord. 4718, 1991; Ord. 4720, 1991; Ord. 5024, 1997; Ord. 5037, 1997; Ord. 5740, 2016)
A. Hours
of operation. Hours of operation on property zoned for agricultural
use and used for planting, grading, vegetation removal, harvesting,
sorting, cleaning, packing, shipping, and pesticide application shall
be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday. Hours
of operation for the above-stated activities shall be limited to 8:00
a.m. to 7:00 p.m. on Sunday and holidays.
B. Motor
vehicle horns and signaling devices. The following acts and the causing
thereof are declared to be in violation of this chapter:
1. The
sounding of any horn or other auditory signaling device on or in any
motor vehicle on any public right-of-way or public space, except as
a warning of danger as provided in Section 27000 of the California
Vehicle Code.
2. The
sounding of any horn or other auditory signaling device which produces
a sound level in excess of 60 dB(A) at a distance of 200 feet.
3. Exception.
Emergency vehicles may be equipped with and use auditory signaling
devices that do not comply with the requirements of this section.
C. Mechanical
equipment. Mechanical equipment other than vehicles and equipment
which are operated by electricity obtained from an electricity utility
company shall not be used outside before 8:00 a.m. or after 7:00 p.m.
on Saturday, Sunday or holidays, or before 7:00 a.m. or after 7:00
p.m. Monday through Friday.
D. Noise
limitations. All mechanical equipment other than vehicles (including
heating, ventilation, and air conditioning systems) shall be insulated.
Sound at the property line of any adjacent parcel used or zoned for
residential, public, or semi-public uses shall not exceed 53 A-weighted
decibels 53dB(A). All wind machines are prohibited in the City.
(Ord. 4878, 1994; Ord. 5740, 2016; Ord. 5798, 2017)
No person shall amplify sound using sound amplifying equipment
contrary to any of the following:
A. The
only amplified sound permitted shall be either music or the human
voice or both.
B. Sound
emanating from any public park or place shall not be amplified above
the ambient noise level so as to be audible within any hospital, rest
home, convalescent hospital, or church while services therein are
being conducted.
C. The
volume of amplified sound shall not exceed 60dB(A) when measured outdoors
at or beyond the property line of the property from which the sound
emanates.
D. The
volume of amplified sound inside a structure shall not exceed 45dB(A)
when measured inside a building used for residential purposes. This
maximum noise level shall not apply to the dwelling unit from which
the sound is emanating.
E. The
limits set forth above shall not apply to the following:
1. Amplification
of sound by a person as part of an event or activity sponsored or
approved by the County of Santa Barbara on property owned by or leased
to the county, provided the county has adopted or approved a sound
control plan for the property which is applicable to the event or
activity;
2. Amplification
of sound by a person as a part of an event or activity sponsored or
approved by the County of Santa Barbara on property owned by or leased
to the County of Santa Barbara and for which property the county has
not developed a sound control plan;
3. Amplification
of sound by a person as part of an activity or event sponsored or
approved by the City of Santa Barbara on property owned by or leased
to the City of Santa Barbara;
4. Amplification
of sound by a person as part of an activity or event sponsored by
or approved by a nursery school, elementary school, secondary school
or college or university on property owned by or leased to said educational
institution;
5. Amplification
of sound by a person as part of an activity or event sponsored by
or approved by a public entity on property owned by or leased to said
public entity;
6. Up
to 1:30 a.m. on the night before New Year's Day.
(Ord. 4039, 1980; Ord. 5740, 2016; Ord. 6120, 2023)
Unless the context otherwise clearly requires, technical words
and phrases used in this chapter are defined as follows:
Ambient Noise.
"Ambient noise" is the all-encompassing noise associated
with a given environment, being usually composed of sounds from many
sources near and far. For the purpose of this chapter, ambient noise
level is the level obtained when the noise level is averaged over
a period of five minutes without inclusion of noise from isolated
identifiable sources, at the location and time of day near that at
which a comparison is to be made.
Decibel.
"Decibel" (dB) shall mean an intensity unit which denotes
the ratio between two quantities which are proportional to power;
the number of decibels corresponding to the ratio is 10 times the
common logarithm of this ratio.
Noise Disturbance.
"Noise disturbance" shall mean any sound which (a) endangers or injures the safety or health of human beings or animals, or (b) annoys or disturbs reasonable persons of normal sensitivities, or (c) endangers or injures personal or real property, or (d) violates the factors set forth in Section
9.16.010 of this chapter. Compliance with the quantitative standards as listed in this chapter shall constitute elimination of a noise disturbance.
Person.
"Person" shall mean a person, firm, association, co-partnership,
joint venture, corporation, or any entity, public or private in nature.
Sound Amplifying Equipment.
"Sound amplifying equipment" shall mean 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 vehicle
used only for traffic safety purposes, and shall not include communication
equipment used by public or private utilities when restoring utility
service following a public calamity or when doing work required to
protect persons or property from an imminent exposure to danger.
Sound Level.
"Sound level" (noise level) in decibels is the value of a
sound measurement using the "A" weighting network of a sound level
meter. Slow response of the sound level meter needle shall be used
except where the sound is impulsive or rapidly varying in nature,
in which case fast response shall be used.
Sound Level Meter.
"Sound level meter" shall mean an instrument including a
microphone, an amplifier, an output meter, and frequency weighting
networks for the measurement of sound levels which satisfies the pertinent
requirements in American National Standards Institute's specification
S1.4 2014 or the most recent revision thereof for type S-2A general
purpose sound level meters.
Supplementary Definitions of Technical Terms.
Definitions of technical terms not defined herein shall be
obtained from the American National Standards Institute's Acoustical
Terminology S11 1994 or the most recent revision thereof.
(Ord. 4039, 1980; Ord. 5740, 2016)
As an additional remedy, the operation or maintenance of any
sound amplifying equipment, device, instrument, vehicle, or machinery
in violation of any provision of this chapter, which operation or
maintenance causes discomfort or annoyance to reasonable persons of
normal sensitiveness or which endangers the comfort, repose, health
or peace of residents in the area, shall be deemed and is declared
to be a public nuisance and may be subject to abatement summarily
by a restraining order or injunction issued by a court of competent
jurisdiction.
(Ord. 4039, 1980)