Generation of excessive noise on a continuing basis plus false
alarms can create conditions causing both danger and annoyance to
the general public. It is an unnecessary waste of taxpayers’
dollars for response created by false alarms and ongoing noise complaints,
which must be eliminated. The tying up of emergency personnel through
emergency response created by false alarms is unnecessary and potentially
hazardous to both the citizens and emergency personnel. Therefore,
no person shall make, or cause or suffer, or permit to be made upon
any premises owned, occupied or controlled by such person, any unnecessary
noises, sounds or vibrations which are physically annoying to persons
of ordinary sensitiveness or which are so harsh or so prolonged or
unnatural or unusual in their use, time or place as to occasion unnecessary
discomfort to any person or persons within any neighborhood. Such
action is determined to create a public nuisance.
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
"Alarm, owner"
means the person who owns, leases, rents, uses or makes available
for use by his or her agents, employees, representatives or family,
any alarm system.
"Alarm system"
means any device, whether known as a burglary, robbery, fire
or intrusion alarm, direct dial telephone service, audible or silent
alarm or by another name, which is used for the detection of an unauthorized
entry into a building, structure or facility, vehicle or to signal
the commission of dangerous or unlawful acts. It shall include those
devices which emit a signal within the protected premises only, are
supervised by the proprietor of the premises where located, and are
otherwise known as "proprietary alarm systems," auxiliary devices
installed by a telephone company to protect telephone company systems
which might be damaged or disrupted by the use of an alarm system
are not included in this definition.
"Audible alarm"
means a device designed to notify persons in the immediate
vicinity of the protected premises by emission of an audible sound
caused by an unauthorized entry or the Commission of an unlawful act
or of a fire.
"A-weighted sound level"
means the sound level in decibels as measured on a sound-level
meter using the A-weighting network. The level so read is designated
dB(A) or dBA.
"City official"
means the City Manager, Community Development Director, Building
Official, Code Enforcement Officer, plus any agency or official hired
or appointed by the City (including law enforcement, fire, health,
animal control, etc) to conduct City business.
"Decibel (dB)"
means a unit for measuring the amplitude of a sound, equal
to 20 times the logarithm to the base of 10 of the ratio of the pressure
of the sound measured to the reference pressure which is 20 microPascals.
"Direct dial device"
means a device which is connected to a telephone line and
upon activation of an alarm system, automatically dials a predetermined
telephone number and transmits a message or signal indicating a need
for emergency response.
"False alarm"
means an alarm signal activated by causes other than the
commission or attempted commission of an unlawful act or of a fire,
which the alarm system is designed to detect.
"Sound-level meter"
means an instrument including a microphone, an amplifier,
an output meter and frequency weighting network for the measurement
of sound levels which satisfies the requirements pertinent for type
S2A meters in the American National Standards Institute (ANSI) specifications
for sound level meters, S1.4-1971, or the most recent revision thereof.
Notwithstanding any other provisions of this chapter, the following
acts and the causing or permitting thereof are declared to be a public
nuisance in violation of this chapter:
A. Construction. Operating or causing the operation of any tools, equipment, impact devices, derricks or hoists used in construction, drilling, repair, alteration, demolition or earthwork, between the weekday hours of 8:00 p.m. and 7:00 a.m. the following day, or at any time on Saturdays, Sundays or holidays; except as provided in Section
3.40.040.
B. Emergency
Signaling Devices. Sounding or permitting the sounding of any:
1. Exterior burglar or fire alarm unless such alarm is terminated within 15 minutes of activation, except as provided in Section
3.40.040.
2. Motor
vehicle alarms unless such alarm is terminated within five minutes
of activation.
3. Motor
vehicle alarm more than three times of any duration in any 24-hour
period.
4. False
activation of an emergency signaling device where a law enforcement
officer or fire department is required to respond.
5. No
person shall use any alarm system, which is equipped with a direct
dial device, and which when activated, automatically dials any telephone
number in any office of the sheriff.
C. Radios,
Bands, etc. Using, operating or permitting to be played, used or operated
between the hours of 10:00 p.m. and 7:00 a.m. of any radio, musical
instrument, phonograph, television, or similar instrument or device
for the production or reproduction of sound in volume that is plainly
audible from a distance of 50 feet or more from the source.
D. Noise
by Animals. Any person having charge, care, custody, possession or
control of any animal to permit such animal to emit any excessive
noise which is disturbing or offensive, including, but not limited
to, barking dogs and roosters.
E. Nonemergency
Signaling Devices. Sounding or permitting the sounding of any amplified
signal from any bell, chime, siren, whistle or similar device, intended
primarily for non-emergency purposes, from any place, for more than
10 consecutive seconds in any one hour period. Houses of religious
worship shall be exempt from the operation of this provision.
F. Business
Services Near Residential Neighborhood.
1. Loading, unloading, opening, closing or handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. daily in such a manner to exceed the noise levels established in Section
3.40.050 when measured from the receptor property.
2. The
use or operation of any mechanized machine or equipment used to clean,
cut, blow, vacuum, or sweep dirt, grass, leaves, and any other debris
off driveways and parking lots between the hours of 10:00 p.m. and
7:00 a.m. daily.
G. Loud
or Unruly Gatherings. Generating any noise from a party or gathering
of two or more people on private property (whether from a home, a
nightclub, or any other location in the City) that is plainly audible
from a distance of 50 feet or more therefrom. This subsection shall
be enforced as follows:
1. No
person shall make, cause or suffer, or permit to be made upon any
premises owned, occupied or controlled by him or her any unnecessary
noises or sounds which are physically annoying to persons of ordinary
sensitiveness or which are so harsh or so prolonged or unnatural or
unusual in their use, time or place as to occasion physical discomfort
to the inhabitants of any neighborhood.
2. When
any loud or unruly assemblage occurs or is held, and the City’s
law enforcement agency is required to respond to the scene in response
to citizen complaints, and the handling peace officer at the scene
determines that there is a threat to the public peace, health, safety
or general welfare, then that peace officer shall notify the owner
of the property and/or the person in charge of the property where
the assemblage exists, and/or person responsible for said assemblage,
that such person or persons, or in the case of a minor, the parents
and/or guardian of such minor, shall be held personally liable for
the cost of providing additional law enforcement personnel on special
security assignment over and above the normal services provided by
the law enforcement agency in response to such assemblage. Such person
or persons shall be given a warning, in the form of notification by
the peace officer, that the cost of any response by the Sheriff’s
Department totaling two or more responses within 24 hours at the same
location or totaling four or more incidents within 12 months to the
same location will be charged to such person. Such notice may include
a written notice, receipt of which is signed by the owner, responsible
person or person in charge. The police personnel necessarily utilized
in responding to two or more responses in 24 hours or four or more
incidents within any 12-month period at the same location to control
the threat to the public peace, health, safety or general welfare
shall be deemed to be on special security assignment over and above
the normal services provided and the owner of the property and/or
the person in charge of the property where such assemblage occurs,
and/or the person responsible for such assemblage, shall be personally
responsible for the cost of such special security assignment in an
amount determined upon a cost accounting basis by the City. The cost
of such special security assignment shall include damage to City/County
property and/or injuries to City/County personnel. A fee charged will
not be in excess of $3,000.00 for a single occurrence. The City reserves
its legal options to elect any other legal remedies to collect said
costs or damage. For purposes of this section, an incident means any
response by the Sheriff’s Department to a loud or unruly assemblage
which occurs more than 24 hours apart from each other. Multiple responses,
which occur within 24 hours of the first response, shall be considered
as one incident.
H. Leaf
Blowers. The use or operation of any mechanized machine or equipment
used to clean, cut, blow, vacuum, or sweep grass, leaves, dirt and
other debris off sidewalks, driveways, lawns and other surfaces shall
not be allowed between the hours of 8:00 p.m. and 7:00 a.m. daily.
The following activities shall be exempt from Section
3.40.030:
A. Construction
by Approval. Any person who performs the construction, repair, excavation
or earthmoving work involved pursuant to the express written permission
by a City Manager to perform such work. A request for an exemption
shall be made in writing stating the reasons for the request and the
facts upon which such reasons are based. Permission may be granted
if any of the following conditions exist:
1. The
work proposed to be done is in the public interest.
2. Hardship,
including, but not limited to, unreasonable delay due to weather,
acts of God or labor strikes, would result in the interruption thereof
during the hours and days specified.
3. The
building or structure involved is devoted or intended to be devoted
to a use immediately incident to public defense.
B. Emergency
Work. 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
service shall be permitted, provided the person performing such work
notifies the City Manager within one day after the office of said
manager is first opened subsequent to performing such activity.
C. Testing
of Emergency Signaling Devices. Testing on emergency signaling devices
may be performed between the hours of 8:00 a.m. and 10:00 p.m. Such
testing shall use only the minimum cycle test time, and in no case
shall such test time exceed 60 seconds. Testing shall not occur more
than one time in each calendar month.
D. An alarm
signal activated by violent conditions of nature or other extraordinary
circumstances which are not subject to the control of the alarm owner
shall not constitute a false alarm.
E. Audible
alarms affixed to a public telephone utility whose only duty is to
furnish telephone service pursuant to tariffs on file with the California
Public Utilities Commission.
Citations for violations are hereby authorized when:
A. Exterior
noise levels shall apply to all receptor properties as follows, unless
otherwise noted:
Receptor—Land Use
|
Time Interval
|
Noise Level
|
---|
Residential properties
|
22:00—07:00
|
45 dB
|
07:00—22:00
|
50 dB
|
Commercial properties
|
22:00—07:00
|
55 dB
|
07:00—22:00
|
60 dB
|
Industrial properties
|
Anytime
|
70 dB
|
B. If the measurement location is on a boundary property between two different zones, exterior noise level utilized in subsection
A of this section to determine the exterior standard shall be the daytime exterior noise level of the subject receptor property.
Any decibel measurement made pursuant to the provisions of this
chapter shall be based on a reference sound pressure of 20 microPascals,
as measured with a sound level meter using the A-weighted network
(scale) at slow response, or at the fast response when measuring impulsive
sound levels and vibrations.
Utilizing the A-weighted scale of the sound-level meter as noted
in this chapter, the noise level shall be measured at a position or
positions at any point on the receptor property. In general, the microphone
shall be located four to five feet above the ground; 10 feet or more
from the nearest reflective surface, where possible. However, in those
cases where another elevation is deemed appropriate, the latter shall
be utilized.
For every audible alarm, the alarm owner thereof shall post
the names and telephone number of persons to be notified to render
repairs during any hour of the day or night during which the audible
alarm is operated. An audible alarm shall terminate its operation
or the audible alarm shall automatically reset within 30 minutes of
its being activated.
After any false, alarm, the alarm owner shall, upon request
by the City official, submit a written report to the City official
describing actions taken or to be taken to eliminate the cause of
the false alarm. This report shall be submitted within 10 days of
request by the City official.
Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced in accordance with the procedures described in Sections
3.36.040 and
3.36.090 through
3.36.240 of this title.
In addition to any other penalty or enforcement procedure, an
alarm owner shall:
A. Not
operate an alarm system, which generates more than three false alarms
in any 12-month period. After a City official responds to any false,
alarm, the owner shall submit, upon request by the City official,
a written report to the City official describing actions taken to
eliminate the cause of the false alarm. The alarm owner shall submit
the report within 20 days of the date requested by the City official.
Failure to provide such report is a violation of this chapter.
B. Pay
a service fee, as determined by resolution of the City Council, for
each false alarm in excess of three false alarms in any calendar year.
In addition to the remedies set forth in this chapter, the City
official may undertake such procedures as are reasonably necessary
in the following circumstances:
A. Law
enforcement may deactivate a motor vehicle alarm generating noise
in violation of this chapter. If the law enforcement agency is unable
to deactivate the alarm, they may cause such vehicle to be removed
according to the procedure set forth in Section 22651.5 of the California
Vehicle Code. Any costs associates with the removal or storage of
a motor vehicle and any costs incurred by the City in connection therewith
shall be paid by the registered owner of the vehicle.
B. City
officials, or their duly appointed representative, shall have the
authority to remove any animal that continues to create a nuisance
in violation of this chapter. Any costs associated with the removal
or storage of an animal and any costs incurred by the City, or their
duly appointed representative, in connection therewith shall be paid
by the property owner from where the animal is removed.