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.