This chapter may be cited as the "Noise Control Ordinance of
the City of Malibu."
(Prior code § 4200)
In order to control unnecessary, excessive and annoying noise
and vibration in the city, it is declared to be the policy of the
city to prohibit such noise and vibration.
(Prior code § 4201)
The following words, phrases and terms as used in this chapter
shall have the meanings indicated as follows:
"City Manager"
means the city manager of the city of Malibu or the city
manager's designee.
"Construction"
means any site preparation, assembly, erection, substantial
repair, alteration or similar action, for or of public or private
right-of-way, structures, utilities or similar property.
"Emergency machinery, vehicle or alarm"
means any machinery, vehicle or alarm used, employed, performed
or operated 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.
"Emergency work"
means any 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 services.
"Holiday"
means all designated holidays in Section
2.04.030(B), except 2.04.030(B)(10), (11) and (13) shall not be considered holidays for purposes of this section.
"Person"
means any individual, firm, association, partnership, joint
venture or corporation.
"Weekday"
means any day, Monday through Friday, which is not a legal
holiday.
(Prior code § 4202; Ord. 203 § 1, 1999; Ord. 516, 4/8/2024)
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 reasonable persons of ordinary sensitivity 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 persons within the neighborhood
from which the noises emanate or which interfere with the peace and
comfort of the residents or their guests, or the operators or customers
in places of business in the vicinity, or which may detrimentally
or adversely affect such residences or places of business.
(Prior code § 4203)
Notwithstanding any other provisions of this chapter, the following
acts and the causing or permitting thereof, are declared to be in
violation of this chapter:
A. Unnecessary
noises: the unnecessary making of, or knowingly and unnecessarily
permitting to be made, any loud, boisterous or unusual noise, disturbance,
commotion or vibration in any boarding facility, dwelling, place of
business or other structure, or upon any public street, park or other
place or building, except the ordinary and usual sounds, noises, commotion
or vibration incidental to the operation of said places when conducted
in accordance with the usual and normal standard of practice applicable
thereto and in a manner which will not disturb the peace and comfort
of adjacent residences or which will not detrimentally affect the
operators or customers of adjacent places of business;
B. Radios,
phonographs, etc. the using, operating or permitting to be played,
used or operated between the hours of ten p.m. and seven a.m. of any
radio, musical instrument, phonograph, television set, or instrument
or device similar to those heretofore specifically mentioned for the
production or reproduction of sound in volume sufficiently loud as
to disturb the peace, quiet or repose of persons of ordinary and normal
sensitiveness who are in the immediate vicinity of such machine or
device;
C. Band
or orchestral rehearsals: the conducting of or carrying on of band
or orchestral concerts or rehearsals or practice between the hours
of ten p.m. and seven a.m. sufficiently loud as to disturb the peace,
quiet or repose of persons of ordinary and normal sensitiveness who
reside in the immediate vicinity of such band or orchestral concerts
or rehearsals or practice;
D. Engines, motors and mechanical devices near residential district: except as provided in subsection
G of this section regarding construction-related noise, the sustained operation or use between the hours of ten p.m. and seven a.m. of any electric or gasoline powered motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, machine or mechanical device or other contrivance or facility unless such motor, engine, automobile, motorcycle, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible at a distance of 50 feet from such structure, or within 10 feet of any residence;
E. Motor
vehicles: racing the engine of any motor vehicle or needlessly bringing
to a sudden start or stop of any motor vehicle;
F. Loading
and unloading: loading, unloading, opening, closing or other handling
of boxes, crates, containers, building materials, garbage cans or
similar objects between the hours of 10 p.m. and seven a.m. in such
a manner as to cause noise disturbance;
G. Construction: operating or causing the operation of any tools, equipment, impact devices, derricks or hoists used in construction, chilling, repair, alteration, demolition or earthwork, on weekdays between the hours of seven p.m. and seven a.m., before eight a.m. or after five p.m. on Saturday, or at any time on Sundays or holidays, except as provided in Section
8.24.060(D);
H. Nonemergency
signaling devices: sounding or permitting the sounding of any electronically-amplified
signal from any bell, chime, siren, whistle or similar device, intended
primarily for nonemergency purposes, from any place, for more than
10 consecutive seconds in any hourly period.
Houses of religious worship shall be exempt from the operation
of this provision.
Sound sources included within this provision which are not exempted under Section
8.24.060 may be exempted by a variance issued by the city manager;
I. Emergency
signaling devices:
1. The
intentional sounding or permitting the sounding outdoors of any emergency
signaling device including fire, burglar, civil defense alarm, siren
whistle or similar emergency signaling device, for testing, except
as provided in subsection (H)(2) of this section,
2. Testing
of an emergency signaling device shall not occur before seven a.m.
or after seven p.m. Any such testing shall use only the minimum cycle
test time. In no case shall such test time exceed 60 seconds. Testing
of the emergency signaling system shall not occur more than once in
each calendar month,
3. Sounding
or permitting the sounding of any exterior burglar or fire alarm or
any motor vehicle burglar alarm unless such alarm is terminated within
15 minutes of activation;
J. Noises
by Animals. It is unlawful for any person having charge, care, custody,
or control of any animal to permit such animal to emit any excessive
noise which is disturbing or offensive. The city shall enforce this
subsection as follows:
1. Complaints
must be submitted in writing and shall include the name, address,
and telephone number of the complainant, as well as the address of
the animal owner and description of the noise.
2. Upon
receiving a complaint involving whining, barking, howling, screeching
or similar animal noise, the city shall cause the following to be
performed:
a. Issue notice of noise complaint to the animal owner or custodian
of the animal advising such person of the alleged noise and requesting
immediate steps to abate the same,
b. Notice shall adequately describe the noise complaint to assist the
animal owner in recognizing and correcting the problem,
c. If a second complaint is received, the city shall issue a notice
apprising the animal owner or custodian of the complaint and directing
the same to abate the noise. Such notice shall contain a provisions
that within five days of receipt thereof the animal owner or custodian
may request a hearing with a city representative to discuss the notice
of noncompliance,
d. Should the problem remain unresolved by the end of the time limit
noted in the notice of noncompliance, a second notice with a five
day limit shall be issued,
e. If the problem is not resolved at the end of this five-day period,
a citation shall be issued to the owner or custodian of the animal;
K. Leaf
blowers: the use or operation of any portable machine powered with
a combustion or gasoline engine used to blow leaves, dirt and other
debris off sidewalks, driveways, lawns and other surfaces; in addition,
until August 1, 2019 the use or operation, in the area of the city
west of Malibu Canyon Road extending to the western boundary of the
city, of any portable machine used to blow leaves, dirt and other
debris off sidewalks, driveways, lawns and other surfaces including
any fire debris.
L. Commercial
establishments adjacent to residential property: sustained noise from
the premises of any commercial establishment, including any outdoor
area part of or under the control of the establishment, between the
hours of ten p.m. and seven a.m. shall not be plainly audible at a
distance of five feet of any residential dwelling unit;
M. No person
shall make, or cause or suffer, or permit to be made upon any public
beach, occupied by such person, any unnecessary noises, sounds or
vibrations which are physically annoying to reasonable persons of
ordinary sensitivity 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 persons within 500 feet of the place from which
said noises emanate or which interfere with the peace and comfort
of other occupants of the beach or the residents of the neighborhood
or their guests, or the operators or customers in places of business
in the vicinity, or which may detrimentally or adversely affect such
occupants or residences or places of business.
(Prior code § 4204; Ord. 94 § 1, 1993; Ord.
188 § 2, 1999; Ord. 441U § 2, 2018)
The following activities shall be exempt from the provisions
of this chapter:
A. Emergency
exemption: the emission of sound for the purpose of alerting persons
to the existence of an emergency or the emission of sound in the performance
of emergency work;
B. Warning
devices: warning devices necessary for the protection of public safety
as for example, police, fire and ambulance sirens and train horns;
C. Outdoor
activities: Activities conducted on public playgrounds and public
or private school grounds including but not limited to school athletic
and school entertainment events;
D. Construction—Special Circumstances. The provisions of Section
8.24.050 do not apply to any person who performs construction, repair, excavation or earthmoving work pursuant to the expressed written permission of the city manager to perform such work at times prohibited in Section
8.24.050. The applicant must submit to the city manager an application in writing, stating the reasons for the request and the facts upon which such reasons are based. The city manager may grant written permission for the construction if he or she finds that:
1. The
work proposed to be done is in the public interest,
2. Hardship, injustice or unreasonable delay would result from the interruption thereof during the hours and days specified in Section
8.24.050, or
3. The
building or structure involved is devoted or intended to be devoted
to a use immediately incident to public defense.
Any applicant dissatisfied with the decision of the city manager
may appeal to the city council by filing a notice of appeal with the
city clerk within 10 days after notice of the city manager's decision.
The city council shall, within 30 days of filing the appeal, affirm,
reverse or modify the decision of the city manager.
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The provisions of Section 8.24.050 do not apply to the construction, repair, or excavation during prohibited hours as may be necessary for the preservation of life or property, when such necessity arises during such hours as the offices of the city are closed, or where such necessity requires immediate action prior to the time at which it would be possible to obtain a permit pursuant to this section. The person doing such construction, repair or excavation shall obtain a permit therefor within one business day of such construction, repair or excavation;
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E. Outdoor
gatherings, public dances, shows and sporting events: provided the
events are conducted pursuant to a permit issued by the city manager.
(Prior code § 4205)
The city manager shall have primary responsibility for the enforcement
of the noise regulations contained herein. Nothing in this chapter
shall prevent the city manager from obtaining voluntary compliance
by way of warning, notice or education.
(Prior code § 4206)
In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of the municipal code, violations of the provisions of this chapter are subject to the administrative penalty provisions of Chapter
1.10.
(Ord. 325 § 4, 2008)