The city council finds:
(a) 
The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use, affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city; and
(b) 
Noise in excess of the levels defined in this chapter within the city is detrimental to the public health, safety, welfare and peace and quiet of the inhabitants of the city and therefore is declared a public nuisance; and
(c) 
Every person in the city is entitled to live in an environment free from excessive noise levels; and
(d) 
The establishment of maximum permissible noise level will further the public health, safety and welfare of city inhabitants; and
(e) 
The adoption of uniform noise standards for the city will promote uniformity and ease of enforcement.
(Ord. 811 § 3, 2022)
The following words, phrases and terms as used in this chapter shall have the following meanings:
“Ambient noise level”
means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
“A-weighted sound level”
means the sound level in decibels as measured with a sound level meter using the A-weighted network (scale) at slow meter response. The unit measurement is referred to herein as dB(A) or dBA.
“City”
means the incorporated area of the city of King.
“Decibel” or “dB”
means a unit for the measurement of sound.
“Director”
means the city of King community development director, or his or her designee.
“Emergency work”
means the use of any machinery, equipment, vehicle, manpower or other activity in an effort to protect, maintain, provide or restore safe conditions in the community or for citizenry, or work by private or public utilities when restoring utility service.
“Fixed noise source”
means a stationary device that creates sounds while fixed or motionless, including, but not limited to, machinery, equipment, pumps, fans, compressors, air conditioners, refrigeration equipment and stationary generators, used for residential, agricultural, industrial or commercial purposes.
“Hertz (Hz)”
means a unit of measurement of frequency, numerically equal to cycles per second.
“Holidays”
means those days designated or observed as federal holidays and the day after Thanksgiving.
“Impulsive noise”
means a noise of short duration, usually less than one second, with an abrupt onset and rapid decay, such as might be produced by the impact of a pile driver, punch press or a drop hammer.
“Noise level”
means the sound level in decibels obtained by using a sound level meter.
“Person”
means a person, firm, association, partnership, joint venture, corporation or any entity, public or private in nature.
“Portable generator”
means any UL-listed diesel or gas-fired generator not connected to a building’s electrical system and intended to provide power during emergency work.
“Residential property”
means a parcel or real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.
“Simple tone noise” or “pure tone noise”
means a noise characterized by the presence of a predominant frequency or frequencies such as might be produced by whistle or hum.
“Sound amplifying equipment”
means any machine or device for the amplification of the human voice, music or any other sound.
“Sound level meter”
means an instrument meeting American National Standard Institute’s Standard for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
“Sound pressure level”
means a sound pressure level of sound, in decibels, as defined in ANSI Standards 51.2-1962 and 51.13 1921; that is, twenty times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.
“Zone”
means any of the zoning classifications specified in the King City Municipal Code governing zoning.
(Ord. 811 § 3, 2022)
(a) 
Any noise measurement made pursuant to the provisions of this chapter shall be made with a sound level meter using the A-weighted network (scale) at slow meter response. Fast meter response shall be used for impulsive type sounds. Calibration of the measurement equipment, if needed, shall be performed immediately prior to recording any noise data.
(b) 
The exterior noise levels shall be measured within fifty feet of the affected noise-sensitive land use, such as residences, schools, churches, hospitals and public libraries. Where practical, the microphone shall be positioned three to five feet above the ground and away from reflective surfaces. The interior noise levels shall be measured within the affected dwelling unit, at points at least four feet from the wall, ceiling or floor nearest the noise source, with windows in the normal seasonal configuration. The reported interior noise level shall be determined by taking the arithmetic average of the readings taken at the various microphone locations.
(Ord. 811 § 3, 2022)
(a) 
Notwithstanding any other provision of this chapter and in addition thereto, it shall be unlawful for any person to make or cause to be made any sound that endangers or injures the safety or health of humans, or annoys or disturbs a reasonable person of normal sensitivities or endangers or injures personal or real property.
(b) 
Sound amplifying equipment shall not be used or operated within five hundred feet of the City Hall when the city council is in session or within five hundred feet of the King City Superior Court when court is in session.
(c) 
Sound amplifying equipment shall not be used at any location where such use or operation would impede the flow of pedestrian or vehicular traffic to such an extent that it would create a dangerous traffic situation or would constitute a detriment to traffic safety.
(Ord. 811 § 3, 2022)
(a) 
It is unlawful except as otherwise specified in this chapter for any person at any location within the city to create any noise which causes the noise levels to exceed the specified exterior noise standards when measured from the public right-of-way adjacent to the property where the noise is created.
(b) 
The following exterior noise standards, unless otherwise specifically indicated in this chapter, shall apply to all properties within the city limits of the city of King.
(1) 
Nine a.m. to ten p.m.
(A) 
Maximum level, eighty dB.
(2) 
Ten p.m. to nine a.m.
(A) 
It is unlawful for any person to use or operate or permit the use or operation of any sound amplifying equipment outdoors or indoors when used or operated to reach persons outdoors.
(Ord. 811 § 3, 2022; Ord. 817 § 3, 2023; Ord. 820 § 3, 2023)
(a) 
In an apartment, condominium, town house, duplex or multiple dwelling unit it is unlawful for any person to create any noise from inside his or her unit that causes the noise level when measured in a neighboring unit to exceed the specified exterior noise standards.
(b) 
The following interior noise standards, unless otherwise specifically indicated in this chapter, shall apply to all properties within the city limits of the city of King.
(1) 
Nine a.m. to ten p.m.
(A) 
Maximum level, fifty-five dB.
(2) 
Ten p.m. to nine a.m.
(A) 
It is unlawful for any person to use or operate or permit the use or operation of any sound amplifying equipment indoors when used or operated to reach persons outdoors.
(Ord. 811 § 3, 2022; Ord. 817 § 3, 2023; Ord. 820 § 3, 2023)
The following activities shall be exempted from the provisions of this chapter:
(a) 
School bands, school athletic and school entertainment events;
(b) 
Outdoor gatherings, public dances, shows and sporting and entertainment events, provided the events are conducted pursuant to a license or permit by the city;
(c) 
A stationary generator installed and used during emergencies or utility power outages or for routine testing and maintenance;
(d) 
Devices used in conjunction with places of religious worship, such as bells, carillons, chimes and the like;
(e) 
Any mechanical device, apparatus or equipment related to or connected with emergency activities or emergency work;
(f) 
Noise sources associated with construction, repair, remodeling, demolition, paving or grading of any real property, provided the activities do take place only between the hours of seven a.m. and seven p.m. except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the zoning administrator, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of seven p.m. and seven a.m., and if he or she shall further determine that loss or inconvenience would result to any party in interest, he or she may grant permission for such work to be done within the hours of seven p.m. and seven a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work. Provided further, however, from June through September, the pouring of concrete may occur starting at five a.m. on weekdays;
(g) 
Noise sources associated with agricultural operations, provided such operations take place only between the hours of six a.m. and eight p.m.;
(h) 
All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of adverse weather condition or when the use of mobile noise sources is necessary for pest control;
(i) 
Noise sources associated with maintenance to residential area property, provided the activities take place between the hours of eight a.m. and eight p.m. on any day;
(j) 
Any activity to the extent provisions of Chapter 65 of Title 42 of the United States Code, and Articles 3 and 3.5 of Chapter 4 of Division 9 of the Public Utilities Code of the state of California preempt local control of noise regulations and land use regulations related to noise control of airports and their surrounding geographical areas, any noise source associated with the construction, development, manufacture, maintenance, testing or operation of any aircraft engine, or of any weapons system or subsystems which are owned, operated or under the jurisdiction of the United States, any other activity to the extent regulation thereof has been preempted by state or federal law or regulation;
(k) 
Any noise sources associated with the maintenance and operation of aircraft or airports which are owned or operated by the city and/or the United States;
(l) 
Any noise sources associated with city public works projects, including, but not limited to, streets, bridges, sewer and water facilities. Noise control for public works projects, if deemed necessary by the city council or public works director, may be addressed on a project-specific basis. For the purposes of this chapter, “public works projects” shall include the construction, alteration, demolition, installation, maintenance or repair of public infrastructure or facilities, and shall include related work by or under the direction of utility companies.
(Ord. 811 § 3, 2022)
Unless otherwise exempted by other provisions of this chapter, the following acts are declared to be excessive and unnecessary noises in violation of this chapter:
(a) 
Motor Noises. Any noise made by the motor of any automobile, truck, tractor or motorcycle, not reasonably required in the operation thereof under the circumstances and shall include, but not be limited to, backfiring and motor racing;
(b) 
Electronic Sound Devices in Vehicles. To play, continue to play, or allow to be played a radio, tape player, compact disc player, record player, stereo system, MP3 player, or other similar amplified electronic sound device from any vehicle so that the sound or music emanating therefrom can be heard at a distance of more than one hundred feet at any time of day shall be prima facie evidence of a violation of this section;
(c) 
Horns and Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle, trolley coach or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or any other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up;
(d) 
Yelling and Shouting. Yelling, shouting, hooting, whistling, singing or blowing of horns on the public streets, particularly between the hours of ten p.m. and nine a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office or in any noise-sensitive land use, such as a dwelling, hotel, motel, apartment or other type of residence;
(e) 
Pile Drivers, Hammers, etc. The operation between the hours of seven p.m. and seven a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector or the director of public services authorizing such devices to be operated during the otherwise prohibited hours while the emergency continues;
(f) 
Tools. The use of or operation between the hours of ten p.m. and seven a.m. of any power saw, power planer, or other powered tool or appliance or saw or hammer, or other tool, so as to disturb the quiet, comfort, or repose of persons in any dwelling, hotel, motel, apartment or other type of residence, or of any person in the vicinity;
(g) 
Blowers. The operating of any noise-creating blower or power fan or any internal combustion engine the operation of which causes noise due to the explosion of operation gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped;
(h) 
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
(i) 
Loading, Unloading—Open Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;
(j) 
Hawkers, Peddlers and Vendors. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of persons in the neighborhood;
(k) 
Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale;
(l) 
Transportation of Metal, Rails, Pillars and Columns. The transportation of rails, pillars or columns of iron, steel or other material, over and along streets and other public places upon carts, drays, cars, or trucks in any manner so as to cause loud noises or to disturb the peace and quiet of persons in the vicinity thereof;
(m) 
Animals, Birds, Fowl. The keeping of any animal, fowl or bird which by causing frequent or long continued noise shall disturb the comfort or repose of persons in the vicinity;
(n) 
Any noise emitted from an electronic device, including a radio or television outdoors on or in any publicly owned property or place, including, but not limited to, public parks, when such noise is audible to a person of normal hearing sensitivity one hundred feet from the electronic device:
(1) 
Notwithstanding any other provision of this chapter, no notice to appear shall be issued or criminal complaint shall be filed for a violation of this subsection unless the offending party is first given a verbal or written notification of violation by any peace officer or other person charged with enforcing this subsection and a reasonable opportunity to correct the violation.
(2) 
Notwithstanding any other provision of this code, any person violating this subsection shall be guilty of an offense and shall be punishable in accordance with the King City Municipal Code. This subsection shall apply notwithstanding the provisions of Section 7.25.060(b). As used in this subsection, “person of normal hearing sensitivity” means a person who has a hearing threshold level of between zero and twenty-five decibels HL averaged over the frequencies five hundred, one thousand and two thousand Hertz.
(o) 
Schools, Courts, Churches, Hospitals. The creation of any excessive noise other than that resulting from construction or excavation work on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which 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 indicating that the same is a school, hospital or court street.
(Ord. 811 § 3, 2022)
The city council, for the purpose of preventing disturbance to the occupants of churches, hospitals, institutions reserved for the sick, schools or educational institutions, or the student or faculties of said schools or educational institutions, may establish by resolution, zones of quiet adjacent to churches, hospitals, institutions reserved for the sick, schools and educational institutions, when the superintendent or chief executive officer of such church or institution requests the establishment of such zones.
(Ord. 811 § 3, 2022)
The resolution establishing a zone of quiet shall describe the extent of said zone of quiet, and upon the establishment thereof, the department of public works is hereby authorized to install and maintain appropriate signs to indicate the existence of said zone, provided that the expense of such installation and maintenance is paid by the institution making such request prior to such installation.
(Ord. 811 § 3, 2022)
It is unlawful for any person to use or operate or permit the use of or operation of any sound amplifying equipment out of doors or indoors when used or operated to reach persons out of doors within any zone of quiet established by resolution of the city council, provided that signs indicating the existence of such zone of quiet have been erected and are in place.
(Ord. 811 § 3, 2022)
The only provisions of this chapter which apply to the use or operation of sound amplifying equipment by a hospital, church, school or educational institution when used or operated upon property owned or controlled by said hospital, church, school or educational institution are the provisions of Sections 7.25.040 through 7.25.080 which limit the time of use or operation to the hours between nine a.m. and ten p.m., which require that the volume of sound shall be controlled so that said volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility, and which prohibit the use or operation within five hundred feet of the city Hall when the city council is in session or within five hundred feet of the King City justice court when court is in session.
(Ord. 811 § 3, 2022)
(a) 
As assaults, batteries, assaults with weapons and miscellaneous lesser offenses frequently tend to occur at those live music establishments serving alcohol;
(b) 
That the frequency and degree of such violence is on the increase;
(c) 
The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity, and peace of the city and its inhabitants.
(Ord. 811 § 3, 2022)
Any public building rented, leased or otherwise retained for the purpose of providing live music entertainment by two or more musicians, whether a private or public function, shall provide a uniformed security officer or guard certified by the state of California and licensed with the city of King City to be posted in a conspicuous place within such businesses and buildings.
(Ord. 811 § 3, 2022)
(a) 
Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be punished accordingly.
(b) 
It is unlawful and a public nuisance to violate any of the provisions of this chapter. Violation of this chapter may be criminally charged as either an infraction or a misdemeanor in the sole discretion of the city attorney.
(c) 
The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief.
(d) 
Administrative Penalties. Each and every day, or portion thereof, a violation exists is a new and separate offense.
(1) 
The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, deemed misdemeanors shall be as follows:
(A) 
First administrative citation: Two hundred fifty dollars per violation;
(B) 
Second administrative citation: Five hundred dollars per violation;
(C) 
Third administrative citation: One thousand dollars per violation; and
(D) 
One thousand dollars per violation for each subsequent administrative citation.
(2) 
The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, deemed infractions shall be as follows:
(A) 
First administrative citation: One hundred dollars per violation;
(B) 
Second administrative citation: Two hundred dollars per violation;
(C) 
Third administrative citation: Five hundred dollars per violation; and
(D) 
Five hundred dollars per violation for each subsequent administrative citation.
(Ord. 811 § 3, 2022)
Any appeal denied in compliance with this chapter shall be subject to judicial review to the extent provided by Code of Civil Procedure Section 1094.8 et seq.
(Ord. 811 § 3, 2022)