It is declared to be the policy of the city to prohibit unnecessary,
excessive, and annoying noises from all sources subject to its police
power. At certain levels noises are detrimental to the health and
welfare of the citizenry and in the public interests shall be systematically
proscribed.
(Prior code § 99.01)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
means the all-encompassing noise associated with a given
environment, being usually a composite of sounds from many sources
near and far. For the purposes of this chapter, ambient noise level
is the level obtained when the noise level is averaged over a period
of 15 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.
means can be heard by any person of average or normal hearing
capability.
shall mean and include the use, operation or maintenance
of any sound amplifying equipment for the purpose of advertising any
business, or any goods, or any services, or for the purpose of attracting
the attention of the public to, or advertising for, or soliciting
patronage or customers to or for any performance, show, entertainment,
exhibition or event, or for the purpose of demonstrating such sound
equipment.
means a unit of level when the base of the logarithm is the
tenth root of 10 and the quantities concerned are proportional to
power.
means work made necessary to restore property to a safe condition
following a public calamity or work required to protect persons or
property from an imminent exposure to danger or work by private or
public utilities when restoring utility service.
of a function periodic in time shall mean the reciprocal
of the primitive period. The unit is the hertz and shall be specified.
means the complete sequence of values of a periodic quantity
which occurs during a period.
means a unit of pressure commonly used in acoustics and equal
to one dyne per square centimeter.
means any and all self-propelled vehicles as defined in the
California Vehicle Code, specifically including, but not limited to,
mini-bikes and go-carts.
means the use, operation or maintenance of any sound equipment
for other than a commercial purpose. "Noncommercial purpose" shall
mean and include, but shall not be limited to, philanthropic, political,
patriotic and charitable purposes.
of a periodic quantity shall mean the smallest increment
of time for which the function repeats itself.
means oscillating quantity, the values of which recur for
equal increments of time.
means a person, firm, association, copartnership, joint venture,
corporation, or any entity, public or private in nature.
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 vehicle used only for traffic safety purposes.
(noise level), in decibels (dB) is the sound measured with
the A weighting and slow response by a sound level meter.
means 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
Standards Specifications for sound level meters SI.4-1971 or the most
recent revision thereof.
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.
(Prior code § 99.02)
Any sound level measurement made pursuant to the provisions
of this chapter shall be measured with a sound level meter using the
A weighting.
(Prior code § 99.03)
Where the ambient noise level is less than designated in this
section the respective noise level in this section shall govern.
|
Sound Level A, Decibels Community Environment Classification
| ||||
|---|---|---|---|---|
|
Zone
|
Time
|
Very Quiet
(rural, suburban)
|
Slightly Quiet
(suburban, urban)
|
Noisy
(urban)
|
|
Residential, Low
|
10 p.m. to 7 a.m.
|
40
|
45
|
50
|
|
7 p.m. to 10 p.m.
|
45
|
50
|
55
| |
|
7 a.m. to 7 p.m.
|
50
|
55
|
60
| |
|
Residential, Multifamily
|
10 p.m. to 7 a.m.
|
45
|
50
|
55
|
|
7 a.m. to 10 p.m.
|
50
|
55
|
60
| |
|
Commercial
|
10 p.m. to 7 a.m.
|
50
|
55
|
60
|
|
7 a.m. to 10 p.m.
|
55
|
60
|
65
| |
|
Limited Industrial
|
anytime
|
70
|
70
|
70
|
|
General Industrial
|
anytime
|
75
|
75
|
75
|
(Prior code § 99.04; Ord. 21-418 § 2)
A.
Use
Restricted. It shall be unlawful for any person within any residential
zone of the city to use or operate any radio receiving set, musical
instrument, phonograph, television set, or other machine or device
for the producing or reproducing of sound (between the hours of ten
p.m. of one day and seven a.m. of the following day, or eleven p.m.
and nine a.m. on Fridays, Saturdays, and legal holidays) in such a
manner as to disturb the peace, quiet and comfort of neighboring residents
or any reasonable person of normal sensitiveness residing in the area.
B.
Prima
Facie Violation. Any noise level exceeding the ambient base level
at the property line of any property (or, if a condominium or apartment
house, within any adjoining apartment) by more than five decibels
shall be deemed to be prima facie evidence of a violation of the provisions
of this section.
(Prior code § 99.20)
It shall be unlawful for any person within the city to sell
anything by outcry within any area of the city zoned for residential
uses. The provisions of this section shall not be construed to prohibit
the selling by outcry of any merchandise, food, and beverage at licensed
sporting events, parades, fairs, circuses, and other similarly licensed
public entertainment events.
(Prior code § 99.21)
It shall be unlawful for any person to use any drum or other
instrument or device of any kind with the purpose of attracting attention
by the creation of noise within the city. This section shall not apply
to any person who is a participant in a school band or duly license
parade or who has been otherwise duly authorized to engage in such
conduct.
(Prior code § 99.22)
It shall be unlawful for any person to create any noise on any
street, sidewalk, or public place adjacent to any school, institution
of learning, or places of worship while the same is in use or adjacent
to any hospital, which noise unreasonably interferes with the workings
of such institution or which disturbs or unduly annoys patients in
the hospital, provided conspicuous signs are displayed in such streets,
sidewalk or public place indicating the presence of a school, place
of worship, or hospital.
(Prior code § 99.23)
No person shall keep or maintain, or permit the keeping of,
upon any premises owned, occupied, or controlled by such person any
animal or fowl otherwise permitted to be kept which, by any sound,
cry, or behavior, shall cause annoyance or discomfort to a reasonable
person of normal sensitiveness in any residential neighborhood.
(Prior code § 99.24)
It shall be unlawful for any person to operate any machinery,
equipment, pump, fan, air conditioning apparatus, or similar mechanical
device in any manner so as to create any noise which would cause the
noise level at the property line of any property to exceed the ambient
base noise level by more than five decibels.
(Prior code § 99.25)
It shall be unlawful for any person within a residential zone or within a radius of 500 feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device between the hours of ten p.m. of one day and seven a.m. of the next day, or eleven p.m. and nine a.m. Fridays, Saturdays and legal holidays, in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefore has been duly obtained from the office or body of the city having the function to issue permits of this kind. No permit shall be required to perform emergency work as defined in Sections 8.20.010 through 8.20.040.
(Prior code § 99.40)
It shall be unlawful for any person within any residential area
of the city to repair, rebuild or test any motor vehicle or boat motor
(between the hours of ten p.m. of one day and seven a.m. of the next
day, or eleven p.m. and nine a.m. Fridays, Saturdays, and legal holidays)
in such a manner that a reasonable person of normal sensitiveness
residing in the area is caused discomfort or annoyance.
(Prior code § 99.50)
It shall be unlawful for any person within any residential area
of the city to repair, rebuild or test any motor vehicle or boat motor
(between the hours of ten p.m. of one day and seven a.m. of the next
day, or eleven p.m. and nine a.m. Fridays, Saturdays, and legal holidays)
in such a manner that a reasonable person of normal sensitiveness
residing in the area is caused discomfort or annoyance.
(Prior code § 99.51)
The council enacts this legislation for the sole purpose of
securing and promoting the public health, comfort, safety, and welfare
of its citizenry. While recognizing that the use of sound amplifying
equipment is protected by the constitutional rights of freedom of
speech and assembly, the council nevertheless feels obligated to reasonably
regulate the use of sound amplifying equipment in order to protect
the correlative constitutional rights of the citizens of this community
to privacy and freedom from public nuisances of loud and unnecessary
noise.
(Prior code § 99.60)
It shall be unlawful for any person, other than personnel of
law enforcement or government agencies, to install, use, or operate
within the city a loudspeaker or sound amplifying equipment in a fixed
or movable position or mounted upon any sound truck, or any other
vehicle, for the purposes of giving instruction, directions, talks,
addresses, lectures, or transmitting music to any persons or assemblages
of persons in or upon any street, alley, sidewalk, park, place, or
public property without first filing a registration statement and
obtaining approval thereof as set forth in this chapter.
(Prior code § 99.61)
A.
Registration
Statements—Filing. Every use of sound amplifying equipment shall
file a registration statement with the city police services seven
working days prior to the date on which the sound amplifying equipment
is intended to be used, which statement shall contain the following
information:
1.
The
name, address and telephone number of both the owner and use of the
sound amplifying equipment;
2.
The
maximum sound producing power of the sound amplifying equipment which
shall include the wattage to be used, the volume in decibels of sound
which will be produced, and the approximate distance for which sound
will be audible from the sound amplifying equipment;
3.
The
license and motor number if a sound truck is to be used;
4.
A
general description of the sound amplifying equipment which is to
be used; and
5.
Whether
the sound amplifying equipment will be used for commercial or noncommercial
purposes.
B.
Registration
Statements—Approval. The city police services shall return to
the applicant an approved certified copy of the registration statement
unless he or she finds that:
1.
The
conditions of the motor vehicle movement are such that in the opinion
of the police chief, use of the equipments would constitute a detriment
to traffic safety; or
2.
The
conditions of pedestrian movement are such that use of the equipment
would constitute a detriment to traffic safety; or
3.
The
registration statement required reveals that the applicant would violate
the provisions set forth in this chapter or any other provisions of
this code.
C.
Disapproval.
In the event the registration statement is disapproved, the police
chief shall endorse upon the statement his or her reasons for disapproval
and return it forthwith to applicant.
(Prior code § 99.62)
Prior to the issuance of the registration statement, a fee,
as set by resolution of the city council, shall be paid to the city,
if the loudspeaker or sound amplifying equipment is to be used for
commercial purposes. No fee shall be required for the operation of
a loudspeaker or sound amplifying equipment for noncommercial purposes.
(Prior code § 99.63)
Commercial and noncommercial use of sound amplifying equipment
shall be subject to the following regulations:
A.
Sound
permits will not be issued for picnic area reservations.
B.
The
only sounds permitted shall be either music or human speech, or both.
C.
The
operation of sound amplifying equipment shall only occur between the
hours of nine a.m. and ten p.m.
D.
Sound
level emanating from sound amplifying equipment shall not exceed 15
decibels above the ambient base noise level at a distance of 15 feet
in any direction from the source of the sound without a permit.
E.
Sound
amplification equipment shall not be used to broadcast threats of
personal injury or threats of damage to or destruction of property.
(Prior code § 99.64; Ord. 17-379 § 1)
A.
Notwithstanding
any other provision of this chapter, and in addition thereto, it shall
be unlawful for any person to wilfully make or continue, or cause
to be made or continued, any loud, unnecessary or unusual noise which
disturbs the peace or quiet of any neighborhood or which causes discomfort
or annoyance to any reasonable person of normal sensitiveness residing
in the area.
B.
The
standards which shall be considered in determining whether a violation
of the provisions of this sections exists shall include, but not be
limited to, the following:
1.
The
level of the noise;
2.
The
intensity of the noise;
3.
Whether
the nature of the noise is usual or unusual;
4.
Whether
the origin of the noise is natural or unnatural;
5.
The
level and intensity of background noise, if any;
6.
The
proximity of the noise to residential sleeping facilities;
7.
The
nature and zoning of the area within which the noise emanates;
8.
The
density of the inhabitation of the area within which the noise emanates;
9.
The
time of the day or night the noise occurs;
10.
The duration of he noise;
11.
Whether the noise is recurrent, intermittent, or constant; and
12.
Whether the noise is produced by a commercial or noncommercial activity.
(Prior code § 99.65)
Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction, shall be punishable as provided in Section 1.16.010.
(Prior code § 99.99; Ord. 01-191 § 17)
