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.
"Ambient noise"
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.
"Clearly audible"
means can be heard by any person of average or normal hearing capability.
"Commercial purpose"
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.
"Decibel"
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.
"Emergency work"
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.
"Frequency"
of a function periodic in time shall mean the reciprocal of the primitive period. The unit is the hertz and shall be specified.
"Hertz"
means the complete sequence of values of a periodic quantity which occurs during a period.
"Microbar"
means a unit of pressure commonly used in acoustics and equal to one dyne per square centimeter.
"Motor vehicles"
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.
"Noncommercial purpose"
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.
"Period"
of a periodic quantity shall mean the smallest increment of time for which the function repeats itself.
"Periodic quantity"
means oscillating quantity, the values of which recur for equal increments of time.
"Person"
means a person, firm, association, copartnership, joint venture, corporation, or any entity, public or private in nature.
"Sound amplifying equipment"
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.
"Sound level"
(noise level), in decibels (dB) is the sound measured with the A weighting and slow response by a sound level meter.
"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.
"Sound truck"
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)
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.
F. 
Notwithstanding the provisions of subsection C above, sound amplifying equipment shall not be operated within 200 feet of places of worship, schools, hospital, or city or county buildings without a permit.
(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)