For the purposes of this chapter, the following terms are defined as follows:
"Emergency"
means an essential activity necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm or to restore essential services.
"Holiday"
means those days set forth in Section 13.04.100 of this code.
"Leaf blower"
means any portable machine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns or other surfaces.
"Local ambient"
means the lowest sound level repeating itself during a 15 minute period as measured with a precision sound level meter, using slow response and "A" weighting. The minimum sound level shall be determined with the noise source at issue silent, and in the same location as the measurement of the noise level of the source or sources at issue. If a significant portion of the local ambient is produced by one or more individual identifiable sources which would otherwise be operating continuously during the 15 minute measurement period and contributing significantly to the ambient sound level, determination of the local ambient shall be accomplished with these separate identifiable noise sources silent.
"Noise level"
means the maximum continuous sound level or repetitive peak sound level, produced by a source or group of sources as measured with a precision sound level meter. In order to measure a noise level, the controls of the precision sound level meter should be arranged to the setting appropriate to the type of noise being measured.
"Precision sound level meter"
means a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute Standard S1.4, "Specification for Sound Level Meters."
"Residential district"
means a district that is zoned R-1, R-2, R-3, or R-4 pursuant to Title 25, but does not include a district that is zoned C-R.
"Sound level," expressed in decibels (dB),
means a logarithmic indication of the ratio between the acoustic energy present at a given location and the lowest amount of acoustic energy audible to sensitive human ears and weighted by frequency to account for characteristics of human hearing, as given in the American National Standards Institute Standard S1.1, "Acoustic Terminology," paragraph 2.9, or successor reference. All references to dB in this chapter utilize the A-level weighting scale, abbreviated dBA, measured as set forth in this section.
(Ord. 1681 § 2, (2002))
It is unlawful for any person, firm or corporation to operate or cause to be operated any machine, device, apparatus or instrument of any kind whatsoever within the city, the operation of which shall cause reasonably preventable electrical interference with radio reception.
(1941 Code § 1340)
It is unlawful for any person, firm or corporation to use or operate or cause to be used or operated any mechanical device, machine, apparatus or instrument for intensification or amplification of the human voice or any sound or noise, in any public or private place in such a manner that the peace and good order of the neighborhood is disturbed, or that persons owning, using or occupying the property in the neighborhood are disturbed or annoyed.
(1941 Code § 1341)
It is unlawful to operate any broadcasting station used for commercial purposes and gain in any other district in the city than in the commercial or industrial zones or districts.
(1941 Code § 1342)
Notwithstanding any other provisions of this code, and in addition thereto, it is unlawful for any person wilfully to 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 discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
The standards which shall be considered in determining when a violation of the provisions of this section exists shall include, but not be limited to, the following:
(a) 
The level of the noise;
(b) 
The intensity of the noise;
(c) 
Whether the nature of the noise is usual or unusual;
(d) 
Whether the origin of the noise is natural or unnatural;
(e) 
The level and intensity of the background noise, if any;
(f) 
The proximity of the noise to residential sleeping facilities;
(g) 
The nature and zoning of the area within which the noise emanates;
(h) 
The density of the inhabitation of the area within which the noise emanates;
(i) 
The time of the day or night the noise occurs;
(j) 
The duration of the noise;
(k) 
Whether the noise is recurrent, intermittent or constant; and
(l) 
Whether the noise is produced by a commercial or noncommercial activity.
(Ord. 1060 § 1, (1976))
(a) 
No person shall operate any lawnmower, lawn edger, riding tractor or any other mechanical or electrical machinery, equipment or device which creates a loud, raucous or impulsive sound, within any residential district except between the hours of 8:00 a.m. and 7:00 p.m. on Monday through Saturday, or 10:00 a.m. and 6:00 p.m. on Sunday and holidays.
(b) 
Sweeping of city parking lots or city streets and emergency work or repairs by public agencies or utilities shall be exempt from these regulations.
(Ord. 1333 § 1, (1986); Ord. 1508 § 1, (1994); Ord. 1681 § 3, (2002))
(a) 
On and after July 1, 2024, combustion engine powered leaf blowers are prohibited from operation within the city of Burlingame, and all leaf blowers shall be electric powered.
(b) 
On and after July 1, 2012, electric powered leaf blowers operated within the city of Burlingame shall only be operated during the times, on the days and in the areas as follows:
(1) 
Area A. Peninsula and Barroilet Drives north to Sanchez and Toyon Drives. Permitted only on Tuesday from 8:00 a.m. to 6:00 p.m.
(2) 
Area B. Sanchez and Toyon Drives north to Adeline and Cambridge Avenues. Permitted only on Friday from 8:00 a.m. to 6:00 p.m.
(3) 
Area C. Adeline and Cambridge Avenues north to Burlingame city limits. Permitted only on Thursday from 8:00 a.m. to 6:00 p.m.
A diagram displaying these times, days and locations is attached to the ordinance codified this section.
It is unlawful to operate a leaf blower during a time, on a day or in an area which is not in conformance with this subsection.
(c) 
Exemptions and Exceptions. The restrictions of subsection (b) shall not apply in the following circumstances:
(1) 
Personnel operating electric powered leaf blowers to maintain nonresidential properties east of the Caltrain tracks and north of Toyon Drive and all properties east of Highway 101 between the hours of 8:00 a.m. and 6:00 p.m. every day except Sunday.
(2) 
Residents operating electric powered leaf blowers between the hours of 9:00 a.m. and 2:00 p.m. on Saturday and 10:00 a.m. and 2:00 p.m. on Sunday.
(3) 
Use of electric powered leaf blowers will be allowed to operate between the hours of 8:00 a.m. and 6:00 p.m. on Tuesday and Friday in the following areas:
(A) 
Parcels zoned R-3 and R-4 located in Areas A and B as described in subsection (b) above;
(B) 
Publicly owned parks and landscaped areas as well as public and private schools, under four acres in size.
(4) 
When a designated day for a particular area to use electric powered leaf blowers occurs on a holiday, that area shall be allowed to use electric powered leaf blowers on the next designated weekday for the use of leaf blowers. For example:
(A) 
If the holiday were to fall on a Tuesday, Area A would not be allowed to blow on Tuesday of that week but would be allowed to blow on Thursday of that week.
(B) 
If the holiday were to fall on a Friday, Area B would not be allowed to blow on Friday of that week but would be allowed to blow on Tuesday of the following week.
(C) 
If the holiday were to fall on a Thursday, Area C would not be allowed to blow on Thursday of that week but would be allowed to blow on Friday of that week.
(d) 
Notwithstanding other provisions in this section and in addition to the hours of operation permitted in this chapter, authorized city employees may operate electric powered leaf blowers as part of their tree trimming or removal activities between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, 9:00 a.m. and 2:00 p.m. on Saturday and holidays, and 10:00 a.m. and 2:00 p.m. on Sunday.
(e) 
Notwithstanding other provisions in this section, electric powered leaf blowers may be operated on properties greater than four acres in size between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, 9:00 a.m. and 2:00 p.m. on Saturday and holidays, and 10:00 a.m. and 2:00 p.m. on Sunday.
(f) 
Persons operating electric powered leaf blowers are encouraged to ensure that leaves, dirt and other debris are not blown onto adjoining private or public properties. All leaves, dirt and other debris gathered by the leaf blower should be deposited in appropriate recycling containers.
(g) 
Emergencies. During a period of emergency as determined by the city manager, the enforcement of this section may temporarily be suspended.
(h) 
Penalty. Any person, including a property owner, who violates any provision of this section shall be guilty of an infraction and shall be subject to a fine in the amount of $50.
(Ord. 1871 § 3, (2012); Ord. 2023, 2/20/2024)
(a) 
Standard. It is unlawful to unload, load, open, close, or handle boxes, crates, containers, building materials, or similar objects in such a manner as to cause a noise disturbance across a property line into property located in a residential district between the following hours:
(1) 
Between the hours of 10:00 p.m. on a Sunday, Monday, Tuesday, Wednesday, or Thursday and 7:00 a.m. of the following day; and
(2) 
Between the hours of 10:00 p.m. on a Friday and 8:00 a.m. on the following Saturday; and
(3) 
Between the hours of 10:00 p.m. on a Saturday and 8:00 a.m. on the following Sunday; and
(4) 
Between the hours of 10:00 p.m. on a day before a holiday and 8:00 a.m. on the holiday.
(b) 
Exceptions. Subsection (a) does not apply to the following so long as the delivery does not cause any louder noise disturbance than necessary:
(1) 
An emergency delivery necessary to the health and safety of the occupants of the property to which the delivery is made; or
(2) 
Deliveries of medical equipment or consumable medical supplies that are required for usage during the following 24 hours; or
(3) 
Deliveries of fresh produce to grocery stores or food establishments that are required for usage or sale during the following 24 hours; or
(4) 
Deliveries made at a time required by a permit approved pursuant to Title 25 and made in conformance with that permit approval.
(5) 
Collection of solid waste by a city franchisee pursuant to Chapter 8.16 and in conformance with the terms of the franchisee's franchise from the city.
(c) 
Variance.
(1) 
Any person may apply for a variance to subsection (a) by applying in writing to the director of public works. Applications shall be in writing upon such forms, and accompanied by such data, as may be prescribed by the director, so as to assure the full presentation of the facts involved. An application fee shall be required as established by resolution. The application shall contain a description of the property on which the loading or unloading is to occur and the relief sought. The application shall be signed by the applicant and the property owner.
(2) 
The director may grant an application for a variance if the director finds all of the following:
(A) 
The variance is required because there is no other time of day in which the loading or unloading can occur due to the nature of the delivery and the nature of the use of the property to which the delivery is being made; and
(B) 
The increase in ambient L10 noise level shall not be more than five dBA above existing; and
(C) 
The proposed loading and unloading will not unreasonably awaken any residents.
(3) 
If the director determines to grant the variance application, the director shall condition the approval with those conditions that the director believes are necessary to ensure that the restrictions of subsection (c)(1) above are met including noise monitoring programs, and in any event, shall specify the exact time periods, location, and mode of loading and unloading during which the deliveries may occur. Upon approval, the director shall mail notice of approval of the variance to owners of property within 300 feet of the exterior boundaries of the property to which the deliveries are to be made.
The property owners shall be informed of their right of appeal.
(4) 
Appeals from the decision of the director may be made to the planning commission within seven days after the public notice of the action of the director is mailed. Any member of the planning commission or council may request a review of a variance under this section by making such request to the director within seven days of the date of mailing of the public notice. Upon receipt of an appeal, or a request for review by a commissioner or council member, the director shall forward the records on the matter to the planning commission at the earliest available date and cause notice of such hearing to be given as set forth in Chapter 25.16. The planning commission shall consider the matter in the same manner as the standards set for the director. The decision of the director shall be final seven days after the mailing of the public notice of the director's action, if no appeal is filed by any person or if no council member or commissioner requests review of the decision within that time. Any decision of the planning commission under this subsection is subject to appeal under the same process and within the same time periods as set forth in Chapter 25.16.
(Ord. 1677 § 2, (2002); Ord. 1681 § 5, (2002))
Any person, firm or corporation who operates or maintains any machine, device, apparatus or instrument mentioned in, and which is in violation of the provisions of, this chapter shall be deemed to be committing and maintaining a nuisance.
(1941 Code § 1343)