A. 
In order to control unnecessary, excessive and annoying sounds emanating from incorporated areas of the city, it is hereby declared to be the policy of the city to prohibit such sounds generated from all sources as specified in this chapter.
B. 
The city council hereby determines that certain noise levels are detrimental to the public health, welfare and safety and contrary to public interest. Therefore, the city council does hereby declare that creating, maintaining or causing, or allowing another to create, maintain or cause, any noise in a manner prohibited by, or not in conformity with, the provisions of this chapter is a public nuisance and will be punishable as such.
(Ord. 768, 5-7-2012)
The following words, phrases and terms as used in this chapter have the meaning as indicated below:
"Ambient noise level"
means the all-encompassing noise level associated with a given environment, being a composite of all 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 made.
"Construction activity"
means any construction or demolition activity including, but not limited to, construction, demolition, repair, alteration, remodeling, excavation, filling or grading of any real property, building, street or highway. Construction activity also includes the arrival and departure of personnel at the construction site, the delivery to and collection from the site of equipment and materials, and the running of any construction equipment.
"Dwelling unit"
means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
"Emergency machinery, vehicle or work"
means any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service.
"Fixed noise source"
means a stationary device which creates sounds while fixed or motionless including, but not limited to, industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.
"Mobile noise source"
means any noise source other than a fixed noise source.
"Person"
means a person, firm, association, co-partnership, joint venture, corporation or other entity, public or private in nature.
"Residential property"
means a parcel of real property which is developed and used for residential purposes, regardless of the underlying land-use zoning, other than transient uses such as hotels and motels. Where residential uses occur within mixed-use developments, only that portion of the property used for residential purposes will be considered residential property.
"Sound amplifying equipment"
means any machine or device for the amplification of the human voice, music or any other sound.
(Ord. 768, 5-7-2012)
A. 
It is unlawful for any person to willfully or negligently 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 any discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
B. 
The factors to be considered in determining whether a violation of the provisions of this section exists include, but are not limited to, the following:
1. 
The sound level of the objectionable noise.
2. 
The sound level of the ambient noise.
3. 
The proximity of the noise to residential property.
4. 
The nature and zoning of the area within which the noise emanates.
5. 
The number of persons affected by the noise source.
6. 
The time of day or night that the noise occurs.
7. 
The duration of the noise and its tonal, informational or musical content.
8. 
Whether the noise is continuous, recurrent, or intermittent.
9. 
Whether the noise is produced by a commercial or non-commercial activity.
C. 
Where a noise source is operated in compliance with an exception as described in this chapter, it will be considered to comply with the general noise regulations of this section, provided said use is in compliance with any and all conditions imposed by the exception.
(Ord. 768, 5-7-2012)
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, unless specifically exempted from the provisions of this chapter in Section 8.18.090; the following list shall not be deemed to be exclusive:
A. 
Horns, signaling devices, etc. The sounding of any horn or other audible signaling device on any automobile, motorcycle, or other vehicle, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up.
B. 
Radios, stereos, etc. Operating, playing or permitting the operation or playing of any radio, receiving set, television set, stereo, drum, musical instrument, or similar device which produces or reproduces sound:
1. 
In such a manner as to disturb the peace, quiet and comfort of a person of normal sensitiveness.
2. 
At any time with louder volume than is necessary to provide convenient hearing of the device by voluntary listeners located in the same room, vehicle or chamber as the device.
3. 
Between the hours of ten p.m. and seven a.m. in such a manner as to create a noise disturbance across a residential or commercial real property line. Such restrictions do not apply to persons conducting activities under a conditional use permit or exception as described in this chapter, provided said activity is in compliance with any and all conditions imposed by the permit or exception.
C. 
Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, stereo, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
D. 
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of ten p.m. and seven a.m.; or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling unit, hotel or other type of residence, or of any persons in the vicinity.
E. 
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
F. 
Blowers and fans. The operation of any noise-creating blower or power fan, unless the noise from such blower or fan is muffled.
G. 
Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded, or in such other manner so as to create loud and unnecessary grating, grinding, rattling or other noise.
H. 
Schools, courts, churches, medical facilities. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any medical facility, that unreasonably interferes with the workings of such institution or that disturbs or unduly annoys patients in medical facilities; provided that conspicuous signs are displayed in such streets indicating the presence of a school, medical facility or court.
I. 
Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors that disturbs the peace and quiet of the neighborhood.
J. 
Drums. The use of any drum or other instrument or noise-producing device for the purpose of attracting attention to any performance, show or sale.
K. 
Refuse collection vehicles. No person may collect refuse with a refuse collection vehicle between the hours of seven p.m. and six a.m. within or adjacent to a residential area; nor between the hours of seven p.m. and five a.m. within a business district.
L. 
Recycling, transportation thereof. The transportation of recycled or scrap iron, steel, aluminum or other material over and along streets and other public places upon carts, drays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places between the hours of ten p.m. and six a.m. within or adjacent to a residential area; nor between the hours of seven p.m. and five a.m. within a business district.
M. 
Loading, unloading, opening boxes. The creation of a loud and excessive noise in connection with loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers between the hours of ten p.m. and seven a.m.
N. 
Commercial/retail center maintenance activities. No noise-generating maintenance activities at commercial/retail centers adjacent to residential areas may be conducted between the hours of ten p.m. and seven a.m. Such prohibited activities include, but are not limited to, dumping trash into outside trash bins, the use of parking lot sweepers, and the use of high-pressure washers.
(Ord. 768, 5-7-2012)
Owning, possessing or harboring any animal which howls, barks, meows, squawks, or makes other noises continuously and/or incessantly for a period of ten minutes or intermittently for one-half hour or more that creates a noise disturbance across a residential or commercial property line is prohibited. For the purpose of this chapter, the animal or bird noise will not be deemed a disturbance if a person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated or for any other legitimate cause which teased or provoked the animal or bird.
(Ord. 768, 5-7-2012)
The following activities are exempted from the provisions of this chapter:
A. 
School sponsored activities conducted on the grounds of any public or private daycare facility, school or college.
B. 
Any events (including outdoor gatherings, public dances, shows and sporting and entertainment events) conducted pursuant to a special event permit issued by the city.
C. 
Activities conducted on any park or playground during established park hours provided such park or playground is owned and operated by a public entity.
D. 
Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work.
E. 
Noise sources associated with construction activity, provided said activities take place only between the hours of seven a.m. and six p.m. or sunset, whichever occurs later, on Monday through Friday, or between the hours of eight a.m. and six p.m. on Saturdays and Sundays.
F. 
Noise sources associated with construction activity for which a permit has been granted by the city based upon:
1. 
A case of urgent necessity in the interest of public health and safety. Such permit may be granted for a period not to exceed five days while the emergency continues; or,
2. 
A determination by the city that the public health and safety will not be impaired and that no loss or inconvenience would result to any party in interest.
G. 
Noise sources associated with the maintenance of real property provided said activities take place only between the hours of seven a.m. and seven p.m. or sunset, whichever occurs later.
H. 
Any activity to the extent regulation thereof has been preempted by state or federal law.
I. 
Activities of the federal, state or local government and its duly franchised utilities.
J. 
Traffic operating on public streets or highways, with the exception of the specific noises prohibited in Section 8.18.060 of this chapter. All such traffic remains subject to the noise limits prescribed by the California Vehicle Code.
K. 
Activities necessary to continue to provide utility services to the general public, whether this service is installing additional facilities, restoring worn or damaged facilities and/or maintaining existing services.
L. 
Warning devices necessary for the protection of public safety, as for example, police, fire and ambulance sirens.
M. 
Those commercial and/or industrial operations in existence prior to the date of adoption of this chapter, if in compliance with local zoning statutes, will be granted a six-month period from the date of adoption with which to comply with the provisions of this chapter. If, at the end of the six-month period, it can be shown that compliance with the provisions herein constitutes a hardship in terms of technical and economic feasibility, an exception may be granted on an annual basis until such time as compliance may be affected.
(Ord. 768, 5-7-2012)
A. 
The owner or operator of a noise source which violates any of the provisions of this chapter may file an application with the planning commission for an exception from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions and the reasons why immediate compliance cannot be achieved. Said application must be accompanied by a fee in the amount determined by the city's fee schedule. A separate application must 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 planning commission shall take action thereon in accordance with the provisions of this chapter.
B. 
An applicant for an exception will remain subject to prosecution under the terms of this chapter until an exception is granted.
C. 
The planning commission shall evaluate all applications for exception from the requirements of this chapter and may grant said exceptions with respect to time for compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum compliance with the provisions of this chapter. Said terms, conditions and requirements may include, but are not limited to, limitations on noise levels and operating hours. Each such exception must set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations the planning commission 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. Any violation of the terms of said exception is unlawful.
(Ord. 768, 5-7-2012)
A. 
Within ten days following the decision of the planning commission on an application, the applicant may appeal the decision to the city council by filing a notice of appeal with the city clerk. In the case of an appeal by the applicant for an exception, the notice of appeal shall be accompanied by a fee in the amount determined by the city's fee schedule.
B. 
Within fifteen days following receipt of a notice of appeal and the appeal fee, the city clerk shall forward to the city council copies of the application for exception; the notice of appeal; all evidence concerning said application received by the planning commission and its decision thereon. In addition, any person may file with the city council written arguments supporting or opposing said decision and the city council may, in its discretion, hear oral arguments thereon. The city clerk shall mail to the applicant a notice of the date set for hearing of the appeal. The notice must be mailed at least ten days prior to the hearing date.
C. 
Within sixty days following its receipt of the notice of the appeal, the city council shall affirm, modify or reverse the decision of the planning commission. Such decision is to be based upon the city council's evaluation of the matters submitted to the city council in light of the powers conferred on the planning commission and the factors required to be considered.
D. 
As part of its decision, the city council may direct the planning commission to conduct further proceedings on said application. Failure of the city council to affirm, modify or reverse the decision of the planning commission within said sixty-day period will constitute a confirmation of the decision.
(Ord. 768, 5-7-2012)
Once granted, an exception may be revoked at any time if any of the terms, conditions or requirements of the exception are not being met.
(Ord. 768, 5-7-2012)