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;
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; and
E.
The
necessity in the public interest for the provisions and prohibitions
contained and enacted in this chapter is declared to be a matter of
legislative determination and public policy, and it is further declared
that the provisions and prohibitions contained and enacted in this
chapter are in 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.
(Prior code § 36.401)
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:
means 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
§ 1.4-1971. "Average sound level" also means equivalent
continuous sound level.
means and includes 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
of customers to or for any performance, show, entertainment, exhibition,
exhibition, or event, or for the purpose of demonstrating sound equipment.
means 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.
means 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.
means a unit of measure of sound (noise) level.
means:
Any sound or noise which constitutes a nuisance involving discomfort
or annoyance to persons of normal sensitivity residing in the area;
Any sound or noise conflicting with criteria standards, or levels
as set forth in this chapter for permissible noises;
Any sound or noise conflicting with criteria standards or levels
established for Federal or State Government which are applicable in
the county.
means 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.
means a machine or device capable of creating a noise level
at the property upon which it is regularly located, including, but
not limited to: Industrial and commercial process machinery and equipment,
pumps, fans, air-conditioning apparatus or refrigeration machines.
means 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.
means sound level, and the terms may be used interchangeably
herein.
means the use, operation, or maintenance of any sound equipment
for other than a commercial purpose. "Noncommercial purpose" means
and includes, but shall not be limited to, philanthropic, political,
patriotic, and charitable purposes.
means a machine or device capable of being moved from place
to place for occasional or temporary use at a given location, including,
but not limited to, powered and manual construction equipment not
used in connection with construction operations, powered lawn mowers,
chain saws and soil tillers, but excluding motor vehicles.
means a person, firm, association, co-partnership, joint
venture, corporation, or any entity, public or private.
means 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.
means any machine or device, mobile or stationary, used to
amplify music, the human voice, or any sound.
(noise level) means in decibels the quantity measured using
the frequency weighting-A of a sound level meter as defined in subsection
Q of this section.
means an instrument for the measurement of sound which meets
or exceeds the specifications contained in the most current edition
of the American National Standard Specifications for Sound Level Meter.
means 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.
Definitions of technical terms not defined in this chapter
shall be obtained from the most current edition of the American National
Standard, Acoustical Terminology.
(Ord. 190, 1991)
A.
Emergency
Work. The provisions of this chapter shall not apply to any emergency
work as defined in Section 9.24.020(H); provided, that:
1.
The
director of community development 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 city, for which noise has been a consideration.
3.
Those reasonable sounds emanating from a sporting, entertainment, or public event; provided, however, it is unlawful to exceed those levels set forth in Section 9.24.080 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.
(Ord. 190, 1991)
Any permit, certificate, or other notice required herein shall
be displayed or maintained on the premises designated thereon.
(Prior code § 36.423)
The community development director or his designee shall have
primary responsibility for the enforcement of this chapter.
(Ord. 190, 1991)
As an additional remedy, the operation or maintenance of any
device, instrument, vehicle, machinery, or other item in violation
of any provision of this chapter for which operation or maintenance
causes discomfort or annoyance to persons of normal sensitivity, or
which endangers the comfort, repose, health, or peace of residents
in the area, shall be deemed and is declared to be a public nuisance
and shall be subject to abatement summarily by a restraining order
or injunction issued by a court of competent jurisdiction.
(Prior code § 36.420)
