The following acts, among others, are declared to be disturbing, excessive and offensive noises in violation of this section and Section
9.24.160, but said enumeration shall not be deemed to be exclusive, namely:
A. 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
9.24.140, shall be prosecuted under applicable provisions of the California
Vehicle Code.
B. Radios,
Television Sets, Phonographs, and Similar Devices.
1. Uses
Restricted. The use, operation, or permitting to be played, used or
operated, any radio receiving set, musical instrument, phonograph,
television set, or other machine or device for the producing or reproducing
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 are declared to be disturbing, excessive or offensive
noises.
2. Prima Facie Violations. The operation of any such set, instrument, phonograph, television set, machine or similar device between the hours of ten p.m. and eight a.m. in such a manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which it is located, shall be prima facie evidence of a violation of this section and Section
9.24.160.
C. Loudspeaking
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, loudspeakers, 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.
This provision 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:
1. The
only sounds permitted are music or human speech.
2. Operations
are permitted between the hours of eight a.m. and nine p.m., or after
nine p.m. during public events and affairs of interest to the general
public.
3. 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 ten miles per hour, except when said truck is stopped by traffic
the sound amplifying equipment shall not be operated for longer than
one minute at each stop.
4. Sound
shall not be issued within one hundred yards of hospitals, schools,
churches, or courthouses.
5. The
human speech and music amplified shall not be profane, lewd, indecent
or slanderous.
6. 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
sixty-five decibels (on the A scale) at a distance of fifty 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.
7. No
sound amplifying equipment shall be operated unless the axis of the
center of any sound reproducing equipment used is 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 fifteen degrees from either side of the axis
of the center of the direction of travel.
8. 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.
D. Yelling,
Shouting, etc. Disturbing or raucous yelling, shouting, hooting, whistling
or singing on the public streets, particularly between the hours of
ten p.m. and eight a.m., or at any time or place so as to annoy or
disturb the quiet, comfort or repose of neighboring residents or persons
of normal sensitivity within the area for whatever reason, is prohibited.
E. 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.
F. 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 city 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 county to
engage in such conduct.
G. Animals and Fowl. 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 or fowl which, by any frequent or long continued noise, causes annoyance or discomfort to persons of normal sensitivity in the vicinity is prohibited; provided, however, that nothing contained in this subsection 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 or fowl is permitted. The written affirmation by two persons having separate residences that a violation of this section disturbs the peace and quiet of said persons shall be a prima facie evidence of a violation of this section and Section
9.24.160.
H. 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 areas of 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 mental care facility, is prohibited.
I. Steam
Whistles. The operation, use, or causing to be operated or used, 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.
J. 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 wilful backfiring of any engine
and exhaust from the engine tailpipe or muffler, or from the screeching
of tires, is prohibited.
(Prior code § 36.414(b))