The City Council finds and declares that:
A.
Inadequately
controlled noise presents a growing danger to the health and welfare
of the residents of the City;
B.
The
making and creating of disturbing, excessive, offensive or unusually
loud noises within the jurisdictional limits of the City is a condition
which has persisted and the level and frequency of occurrence of such
noises continue to increase;
C.
The
making, creation or continuance of such excessive noises which are
prolonged or unusual in their time, place and use affect and are a
detriment to the public health, comfort, convenience, safety, welfare,
and prosperity of the residents of the City of Encinitas;
D.
Every
person is entitled to an environment in which the noise is not detrimental
to his or her life, health and enjoyment of property;
E.
The
necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted is declared to be a matter of legislative
determination and public policy and it is further declared that the
provisions and prohibitions hereinafter contained and enacted are
in the pursuance of and for the purpose of securing and promoting
the public health, comfort, convenience, safety, welfare, prosperity,
peace and quiet of the City and its inhabitants;
F.
To administer
the provisions of this chapter, the City Manager is authorized to
appoint one or more noise control officers.
(Ord. 90-22)
Whenever the following words and phrases are used in this chapter,
unless otherwise defined herein, they shall have the meaning ascribed
to them in this section:
shall mean any powered vehicle which at any time of its operation
is airborne, and is used to transport people or materials for whatever
purpose.
shall mean the composite noise from all sources near and
far. In this context, the ambient noise level constitutes a normal
or existing level of environmental noise at a given location and time.
shall mean a sound level typical of the sound levels at a
certain place during a given period of time, averaged by the general
rule of combination for sound levels, said general rule being set
forth in American National Standard Specifications for Sound Level
Meters S1.4-1971. Average sound level is also called equivalent continuous
sound level (Leq).
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.
shall mean any tools, machinery or equipment used in connection
with construction operations including all types of "special construction"
equipment as defined in the pertinent sections of the California Vehicle
Code when used in the construction process on any construction site,
regardless of whether such construction site be located on-highway
or off-highway.
shall mean any receptacle, regardless of contents, manufactured
from wood, metal, plastic, paper, or any other material including
but not limited to any barrel, basket, box, crate, tub, bottle, can
or refuse container.
shall mean a unit for measuring the amplitude of sound, equal
to 20 times the logarithm to the base 10 of the ratio of the pressure
of the sound measured to the reference pressure, which is 20 micropascals.
shall mean:
shall mean work made necessary to restore property to a safe
condition following a public calamity or work required to protect
persons or property from imminent exposure to danger or damage or
work by public or private utilities when restoring utility service.
shall mean any and all self-propelled vehicles as defined
in the California Vehicle Code and shall specifically include, but
not be limited to, "mini-bikes" and "go-carts."
shall mean a person or organization appointed by the City
Manager.
shall mean "sound level" and the terms may be used interchangeably
herein.
shall mean 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.
shall mean a person, firm, association, co-partnership, joint
venture, corporation, or any entity, public or private.
shall mean, but shall not be limited to airborne, waterborne,
or landborne vehicles such as model airplanes, model boats and model
vehicles of any type or size which are not designed for carrying persons
or property and which can be propelled in any form other than manpower
or windpower.
shall mean any machine or device, mobile or stationary used
to amplify music, the human voice, or any sound.
shall mean the weighted sound pressure level obtained by
the use of a sound level meter and frequency weighing network as specified
in American National Standards Institute specifications for sound
level meters (ANSI S1.4-1971, or the latest revision thereof). If
the frequency weighing employed is not indicated, the A-weighing is
implied.
shall mean an instrument, including a microphone, an amplifier,
readout and frequency weighing networks for the measurement of sound
levels, which meets or exceeds the requirements pertinent for type
S2A meters in the American National Standards Institute Specifications
for Sound Level Meters, S1.4-1971 or the latest revision thereof.
shall mean any motor vehicle or other vehicle regardless
of motive power whether in motion or stationary having mounted thereon,
built-in, or attached thereto any sound amplifying equipment other
than a car radio or television.
shall mean any boat, ship, barge, craft or floating thing
designed for navigation in the water which is propelled by machinery,
whether or not such machinery is the principal source of propulsion,
but shall not include a vessel possessing a valid marine document
issued by the United States Bureau of Customs or any federal agency
successor thereto.
|
Supplementary Definitions of Technical Terms. Definitions of
technical terms not defined herein shall be obtained from the American
National Standard, "Acoustical Terminology" S1.1-1961 (R-1971) or
the latest revision thereof.
|
A.
Any
sound or noise level measurement made pursuant to the provisions of
this chapter shall be measured with a sound level meter using the
A-weighing and "slow" response pursuant to applicable manufacturer's
instructions.
B.
The
sound level meter shall be appropriately calibrated and adjusted as
necessary by means of an acoustical calibrator of the coupler-type
to assure meter accuracy within the tolerances set forth in American
National Standards ANSI-S1.4-1971.
C.
For
outside measurements, the microphone shall be not less than four feet
above the ground, at least four feet distant from walls or other large
reflecting surfaces and shall be protected from the effects of wind
noises by the use of appropriate wind screens and the location selected
shall be at any point on the affected property. In cases when the
microphone must be located within 10 feet of walls or similar large
reflecting surfaces, the actual measured distances and orientation
of sources, microphone and reflecting surfaces shall be noted and
recorded. In no case shall a noise measurement be taken within five
feet of the noise source.
D.
For
inside measurements, the microphone shall be at least three feet distant
from any wall, ceiling or partition, and the average measurement of
at least three microphone positions throughout the room shall be determined.
See Section 30.40.010 of the Municipal Code for level limits.
A.
Repairs
of Motor Vehicles. It shall be unlawful for any person within the
City to repair, rebuild, or test any motor vehicle in such a manner
as to cause disturbing, excessive or offensive noise.
B.
On-Highway.
Violations for exceeding applicable noise level limits as to persons
operating motor vehicles on a public street or highway in the City
shall be prosecuted under applicable California Vehicle Code provisions
and under federal regulation adopted pursuant to 42 U.S.C. Sections
4905(a)(1) (A), (B) and (C)(ii), (iii) for which enforcement responsibility
is delegated to local governmental agencies.
C.
Off-Highway.
Except as otherwise provided for in this chapter, it shall be unlawful
to operate any motor vehicle of any type on any site other than on
a public street or highway as defined in the California Vehicle Code
in a manner so as to cause noise in excess of those noise levels permitted
for on-highway motor vehicles as specified in the table "35 miles
per hour or less speed limits" contained in Section 23130 of the California
Vehicle Code.
D.
Emergency
Vehicles. Nothing in this section shall apply to authorized emergency
vehicles when being used in emergency situations.
E.
Urban
Transit Buses. Buses as defined in the California Vehicle Code shall
at all times comply with the requirements of this section.
It shall be unlawful for any person to operate any powered model vehicle except between the hours of 7:00 a.m. and 9:00 p.m. and then only in such a manner so as not to emit noise in excess of those levels set forth in Section 9.32.404; however, if powered model vehicles are operated in public parks at a point more than 100 feet from the property line, the noise level shall be determined at a distance of 100 feet from the noise source instead of at the property line, and noises from powered model vehicles measured at that distance in excess of the noise limits specified in Section 9.32.404 are prohibited.
A.
Solid
Waste Management Vehicles. No person shall operate, or permit to be
operated, a refuse compacting, processing, or collection vehicle between
the hours of 10:00 p.m. to 6:00 a.m. in or adjacent to any residential
zone unless a variance has been applied for and granted pursuant to
this chapter.
B.
Parking
Lot and Sidewalk Cleaning Devices.
1.
No
person shall operate, or permit to be operated, an engine-powered
parking lot or sidewalk sweeper or blower or high pressure cleaning
devices between the hours of 8:00 p.m. to 7:00 a.m. in or adjacent
to any residential zone unless a variance has been applied for and
granted pursuant to this chapter; and
2.
No
person shall operate, or permit to be operated, an engine-powered
parking lot and sidewalk sweeper or blower or high pressure cleaning
devices on a Sunday or on a federal holiday in or adjacent to any
residential zone unless a variance has been applied for and granted
pursuant to this chapter.
Violations for excessive noise of watercraft operating in waters
under the jurisdiction of the City shall be prosecuted under applicable
provisions of the California Harbors and Navigation Code.
All noise emanating from airport activities other than that
produced by aircraft shall be subject to all of the regulations contained
in this chapter.
Except for emergency work, it shall be unlawful for any person,
including the City, to operate construction equipment at any construction
site, except as outlined in subsections A and B of this section:
A.
It shall be unlawful for any person, including the City, to operate construction equipment at any construction site on Sundays, and days appointed by the President, Governor or the City Council for a public fast, thanksgiving or holiday. Notwithstanding the above, a person may operate construction equipment on the above-specified days between the hours of 10:00 a.m. and 5:00 p.m. in compliance with the requirements of subsection B of this section at his or her residence or for the purpose of constructing a residence for him or herself, provided such operation of construction equipment is not carried on for profit or livelihood. In addition, it shall be unlawful for any person to operate construction equipment at any construction site on Mondays through Saturdays except between the hours of 7:00 a.m. and 7:00 p.m.
B.
No such
equipment, or combination of equipment regardless of age or date of
acquisition, shall be operated so as to cause noise at a level in
excess of 75 decibels for more than eight hours during any 24-hour
period when measured at or within the property lines of any property
which is developed and used either in part or in whole for residential
purposes.
In the event that lower noise limit standards are established
for construction equipment pursuant to state or federal law, said
lower limits shall be used as a basis for revising and amending the
noise level limits specified in this subsection.
It shall be unlawful for any person to handle or transport or
cause to be handled or transported in any public place, any container
or any construction material in such a way as to create a disturbing,
excessive, or offensive noise.
No person shall operate or cause to have operated or used any
sound signal device other than sound-amplification equipment attached
to a motor vehicle wagon or manually propelled cart from which food
or any other items are sold which emits a sound signal more frequently
than once every 10 minutes in any one street block and with a duration
of more than 10 seconds for any single emission. The sound level of
this sound signal shall not exceed 90 decibels at 50 feet.
See Section 30.40.010A for allowable interior noise levels for multiple family dwelling units.
A.
General
Prohibitions. In the absence of objective measurement by use of a
sound level meter, additionally it shall be unlawful for any person
to make, continue, or cause to be made or continued, within the limits
of the City, any disturbing, excessive or offensive noise which causes
discomfort or annoyance to reasonable persons of normal sensitivity
residing in the area.
The characteristics and conditions which should be considered
in determining whether a violation of the provisions of this section
exists, include, but are not limited to, the following:
1.
The
level of noise;
2.
Whether
the nature of the noise is usual or unusual;
3.
Whether
the origin of the noise is natural or unnatural;
4.
The
level of the background noise;
5.
The
proximity of the noise to sleeping facilities;
6.
The
nature and zoning of the area within which the noise emanates;
7.
The
density of the inhabitation of the area within which the noise emanates;
8.
The
time of the day or night the noise occurs;
9.
The
duration of the noise;
10.
Whether the noise is recurrent, intermittent or constant; and
11.
Whether the noise is produced by a commercial or noncommercial activity.
B.
Disturbing,
Excessive or Offensive Noises. The following acts, among others, are
declared to be disturbing, excessive and offensive noises in violation
of this chapter, but said enumeration shall not be deemed to be exclusive,
namely:
1.
Horns, Signaling Devices, etc. Violations for disturbing, excessive or offensive noises associated with the use or operation of horns, signaling devices, etc., on automobiles, motorcycles, or any other vehicle, except as provided in Section 9.32.412, shall be prosecuted under applicable provisions of the California Vehicle Code.
2.
Radios,
Television Sets, Phonographs and Similar Devices.
a.
Uses Restricted. The use, operation, or permitting to be played, used or operated, of any radio, musical instrument, phonograph, television set or other device for the production or reproduction of sound in such manner as to disturb the peace, quiet and comfort of neighboring residents or persons of normal sensitivity residing in the area; or in a manner to exceed those levels set forth in Section 9.32.404 when measured at a distance of 25 feet from such device operating in a public right-of-way or public space; except that, subject to a noise permit (issued by the Director of Parks and Recreation who shall serve as the noise control officer in this regard) specifying time, location and other conditions, amplified sound may be permitted within City parks provided that said sound does not exceed a level of 90 decibels 50 feet from the source or exceed those levels set forth in Section 9.32.404 at the park boundary.
b.
Prima Facie Violations. The operation of any such set, instrument,
phonograph, television set, machine or similar device in such a manner
as to be plainly audible at a distance of 50 feet from the building,
structure or vehicle in which it is located, shall be prima facie
evidence of a violation of this chapter.
3.
Loud
Speaking Amplifiers for Advertising. The use, operation, or the permitting
to be played, used or operated of any sound production or reproduction
device or machine including, but not limited to, radio receiving sets,
phonographs, musical instruments, loud-speakers, and sound amplifiers,
for commercial or business advertising purposes in, upon, over or
across any street, alley, sidewalk, park, or public property in such
a manner as to violate the provisions of this chapter is prohibited.
The provisions shall not be applicable to sound amplifying equipment
mounted on any sound truck or vehicle for commercial or noncommercial
purposes where the owner or operator complies with the following requirements:
a.
The only sounds permitted are music or human speech.
b.
Operations are permitted between the hours of 8:00 a.m. and 9:00
p.m. or after 9:00 p.m. during public events and affairs of interest
to the general public.
c.
Sound amplifying equipment shall not be operated unless the sound
truck upon which such equipment is mounted is operated at a speed
of at least 10 miles per hour, except when said truck is stopped or
impeded by traffic. Where stopped by traffic the said sound amplifying
equipment shall not be operated for longer than one minute at each
stop.
d.
Sound shall not be issued within 100 yards of hospitals, schools,
courthouses or places of worship.
e.
The volume of sound shall be controlled so that said volume is not
raucous, jarring, disturbing, or a nuisance to persons within the
area of audibility and so that the volume of sound shall not exceed
a sound level of 65 decibels (on the "A" scale) at a distance of 50
feet from the sound amplifying equipment as measured by a sound level
meter which meets the American National Standard ANSI S1.4-1971 or
the latest revision thereof.
f.
No sound amplifying equipment shall be operated unless the axis of
the center of any sound reproducing equipment used shall be parallel
to the direction of travel of the sound truck; provided, however,
that any sound reproducing equipment may be so placed upon said sound
truck as to not vary more than 15 degrees either side of the axis
of the center of the direction of travel.
g.
No sound truck with its amplifying device in operation shall be driven
on the same street past the same point more than twice in a period
of one hour.
4.
Yelling,
Shouting, etc. Disturbing or raucous yelling, shouting, hooting, whistling
or singing on the public streets, particularly between the hours of
10:00 p.m. and 8:00 a.m. or at any time or place so as to annoy or
disturb the quiet, comfort, or repose of neighborhood residents or
persons of normal sensitivity within the area for whatever reason,
is prohibited.
5.
Hawkers
and Peddlers. The shouting or crying out of any peddlers, hawkers,
and vendors which disturbs the peace and quiet of a neighborhood or
persons of normal sensitivity is prohibited. This provision shall
not be construed to prohibit the selling by outcry of merchandise,
food and beverages at sporting events, parades, fairs, celebrations,
festivals, circuses, carnivals, and other similar special events for
public entertainment.
6.
Drums,
Other Instruments. The use of any drum or other instrument or device
of any kind for the purpose of attracting attention by the creation
of noise within the County is prohibited. This provision shall not
apply to any person who is a participant in a school band or legally
authorized parade or who has been otherwise duly authorized by the
City to engage in such conduct.
7.
Animals.
The keeping or maintenance, or the permitting to be kept or maintained
upon any premises owned, occupied, or controlled by any person of
any animal which by any frequent or long continued noise shall cause
annoyance or discomfort to persons of normal sensitivity in the vicinity;
provided, however, that nothing contained herein shall be construed
to apply to occasional noises emanating from legally operated dog
and cat hospitals, humane societies, pounds, farm and/or agricultural
facilities, or areas where keeping of animals are permitted. The written
affirmation by two persons having separate residences that violation
of the section disturbs the peace and quiet of said persons shall
be prima facie evidence of a violation of this chapter.
8.
Schools,
Courts, Churches, Hospitals. The creation of any noise on any street,
sidewalk, or public place adjacent to any school, institution of learning
(except recreational schools), church, court or library, while the
same are in use; or adjacent to a hospital, rest home, or long-term
medical or mental care facility which noise interferes with the workings
of such institution or which disturbs or annoys patients in the hospital,
rest home, or long-term medical or mental care facility, provided
conspicuous signs are displayed in such streets, sidewalks, or public
places indicating the presence of a school, institution of learning,
church, court, library, rest home or long-term medical or metal care
facility, is prohibited.
9.
Steam
Whistles. The operation, use or causing to be operated or used of
any steam whistle attached to any stationary boiler is prohibited
except to give notice of the time to start or stop work or as a sound
signal of imminent danger.
10.
Engines and Motor Vehicles. Any disturbing or raucous noises caused
off streets or highways by racing or accelerating the engine of any
motor vehicle while moving or not moving, by the willful backfiring
of any engine and exhaust from the engine tailpipe or muffler, or
from the screeching of tires, is prohibited.
(Ord. 2017-07)
Any building burglar alarm must have an automatic cutoff, capable
of terminating its operation within 15 minutes of the time it is activated.
Notwithstanding the requirements of the provision, any law enforcement
official of the City shall have the right to take such steps as may
be reasonable and necessary to disconnect any such alarm during the
period of its activation.
No owner of a motor vehicle shall have in operation audible
burglar alarm therein unless such burglar alarm shall be capable of
terminating its operation within 15 minutes of the time it is activated.
Notwithstanding the requirements of this provision, any law enforcement
official of the City shall have the right to take such steps as may
be reasonable and necessary to disconnect any such alarm installed
on a motor vehicle at any time during the period of its activation.
Violations for exceeding applicable noise level limits as to
persons operating aircraft shall be prosecuted under applicable law.
A.
Emergency
Work. The provisions of this chapter shall not apply to any emergency
work as defined herein, provided that (1) the noise control officer
has been notified in advance, if possible, or as soon as practical
after said emergency, and (2) any vehicle device, apparatus, or equipment
used, related to or connected with emergency work is designed, modified,
or equipped to reduce sounds produced to the lowest possible level
consistent with effective operation of such vehicle, device, apparatus,
or equipment.
B.
Sporting,
Entertainment, Public Events. The provisions of this chapter shall
not apply to:
1.
Those
reasonable sounds emanating from authorized school bands, school athletic
and school entertainment events.
2.
Sporting,
entertainment and public events which are conducted pursuant to a
license or permit issued by the County of San Diego for noise exceeding
criteria, standards or levels as set forth in the chapter.
3.
Those reasonable sounds emanating from a sporting, entertainment, or public event; provided, however, it shall be unlawful to exceed those levels set forth in Section 9.32.404 when measured at or within the property lines of any property which is developed and used either in part or in whole for residential purposes unless a variance has been granted allowing sounds in excess of said levels.
C.
Federal
or State Preempted Activities. The provisions of this chapter shall
not apply to an activity to the extent regulation thereof has been
preempted by state or federal law.
D.
Minor Maintenance to Residential Property. The provisions of Section 9.32.404 shall not apply to noise sources associated with minor maintenance to property used either in part or in whole for residential purposes provided said activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday, or between the hours of 10:00 a.m. and 8:00 p.m. on Sunday.
E.
Agricultural Operations. The provisions of Section 9.32.404 shall not apply to equipment associated with agricultural operations, provided that, all equipment and machinery powered and air intake silencer in good working order, and provided further that:
1.
Operations
do not take place between 7:00 p.m. and the following 7:00 a.m.; or
2.
Such
operations and equipment are utilized for the preparation, planting,
harvesting, protection or salvage of agricultural crops during periods
of potential or actual frost damage or other adverse weather conditions;
or
3.
Such
operations and equipment are associated with agricultural pest control,
provided the application is made in accordance with regulations or
procedures administered by the County Department of Agriculture; or
4.
Such
operations and equipment are associated with the application of agricultural
chemicals provided the application is made in accordance with acceptable
agricultural practices or upon the recommendation of an agricultural
specialist.
The noise control officer shall evaluate all applications for
variances from the requirements of this chapter and may grant said
variances with respect to time for compliance, subject to such terms,
conditions, and requirements as he or she may deem reasonable to achieving
compliance with the provisions of the chapter. Each such variance
shall set forth in detail the approved method of achieving compliance
and a time schedule for its accomplishment. If in the judgment of
the noise control officer the time for compliance cannot be reasonably
determined, a variance to cause the noise may be issued for a specified
period of time, subject to revocation or modification after review
by the noise control officer at interim times to be designated by
the noise control officer in the variance. In determining the reasonableness
of the terms of any proposed variance, the noise control officer shall
consider the magnitude caused by the offensive noise, the uses of
property within the area of impingement by the noise, operations carried
under existing nonconforming rights or conditional use permits or
zone variances, the time factors related to study, design, financing
and construction of remedial work, the economic factors related to
age and useful life of the equipment and general public interest and
welfare.
Every applicant for a permit or variance required by this chapter
shall file with the noise control officer a written application on
a form prescribed by said officer. The application shall state the
name and address of the applicant, the nature of the noise source
involved, and such other information as the noise control officer
may require. The City shall be notified of any application.
Every applicant, except any state or local government agency
or public district, shall pay a fee of $25.00 for each application
for variance.
A request for a duplicate permit or variance shall be made in
writing to the noise control officer within 10 days after the destruction,
loss, or defacement of a permit or variance. A fee of $5.00 shall
be charged, except to any state or local government agency or public
district, for issuing a duplicate permit or variance.
If a permit or variance is to be extended beyond the original
use termination on date of permit or variance, the extension fee shall
be $25.00.
The noise control officer shall act, within 30 days, if possible,
on an application for a permit or variance and shall notify the applicant
in writing by mail or in person of the action taken, namely, approval,
conditional approval, or denial.
Notice of the action taken shall be deemed to have been given
when the written notification has been deposited in the mail, postpaid,
addressed to the address shown on the application to furnish further
information or further plans or specifications. Failure of the applicant
to provide such further information or further plans or specifications
within 10 days shall be grounds for denial of the permit or variance.
In the event of denial of an application for a permit or variance,
the noise control officer shall notify the applicant in writing of
the reasons therefor. Service of the notification may be made in person
or by mail, and such service may be proved by the written acknowledgment
of the persons served or affidavit of the person making the service.
The noise control officer shall not accept a further application unless
the applicant has complied with the objections specified by the noise
control officer as the reasons for denial.
The applicant may deem the application for permit or variance
denied if the noise control officer fails to act on the application
within 30 days after filing, or within 10 days after applicant furnishes
the further information, plans and specifications requested by the
noise control officer, whichever is later.
A person operating under a permit or variance shall provide
and maintain such sampling and testing facilities as specified in
the permit or variance.
Any person aggrieved by a final determination made under the authority of this chapter may seek review by filing an appeal pursuant to the procedures within the Municipal Code. A final determination by the noise control officer shall be appealed to the City Council. (See Chapter 1.12.)
