The purpose of this chapter is to maintain a quiet and comfortable
living environment and to protect residents from unreasonably disturbing
sound.
(§ 1, Ord. 731, eff. August 27, 1998, as amended by § 2, Ord.
887, eff. August 9, 2018)
"Ambient noise"
is the normal or existing level of environmental noise at
a given location. It is the composite of all noise from sources near
and far, excluding the alleged intrusive noise source.
"A-weighted sound level"
means the sound level as measured on a sound level meter
using the "A" weighting network. The level so read is designated in
units of db(A).
"Decibel (db)"
is a unit for measuring the amplitude of a sound, equal to
20 times the logarithm to the base of 10 of the ratio of the pressure
of the sound measured to the reference pressure, which is 20 micropascals.
"Impulsive noise"
means a noise characterized by brief excursions of sound
pressures whose peak levels are very much greater than the ambient
noise level (such as might be produced by the impact of a pile driver)
typically with one second or less duration.
"Leaf blower"
is any mechanical device used, designed or operated to produce
a current of air by fuel, electricity or other means to push, propel,
or blow cuttings, refuse or debris.
"Noise level limit"
means the maximum noise level acceptable under this chapter
for the stated period of time.
"Plainly audible"
means any sound that can be clearly heard by a person with
normal hearing using ordinary auditory senses without artificial enhancement.
"Sound amplifying equipment"
means any machine or device used for amplification of the
human voice, music or other sound regardless of location, including
such things as radios, stereos and compact disc players.
"Sound level meter"
means an instrument used to measure sound levels which meets
the standards of the American National Standards Institute.
(§ 1, Ord. 731, eff. August 27, 1998, as amended by § 2, Ord.
887, eff. August 9, 2018)
(a) It
is unlawful for any person to make or permit to be made any noise
which unreasonably disturbs the peace and quiet of any neighborhood.
Except as otherwise provided herein, no permit may be issued for any
activity that may violate this section.
(b) The
factors which may be considered in determining whether a violation
exists include, but are not limited to, the following:
(1) The sound level of the objectionable noise;
(2) The sound level of the ambient noise;
(3) The proximity of the noise to residential sleeping facilities;
(4) The nature and zoning of the area within which the noise emanates;
(5) The number of persons affected by the noise sources;
(6) The time of day or night the noise occurs;
(7) The duration of the noise and its tonal, informational or musical
content;
(8) Whether the noise is continuous, recurrent or intermittent;
(9) Whether the noise is produced by a commercial or non-commercial activity;
(10) Whether the noise is plainly audible by an enforcement officer at
a distance of 50 feet from the source of the noise.
(§ 1, Ord. 731, eff. August 27, 1998, as amended by § 2, Ord.
887, eff. August 9, 2018)
(a) Exterior noise standards.
(1) The following exterior noise standards apply to residential and commercial/industrial
zones within the City:
|
Time Period
|
Noise Level
|
---|
Residential Zone (includes Village Mixed Use)
|
7:00 a.m. to 10:00 p.m.
|
55 db
|
10:00 p.m. to 7:00 a.m.
|
45 db
|
Commercial/Industrial Zone
|
7:00 a.m. to 10:00 p.m.
|
65 db
|
10:00 p.m. to 7:00 a.m.
|
55 db
|
(2) It is unlawful for any person at any location within the City to
create any noise, or to allow the creation of any noise, on property
owned, leased, occupied or otherwise controlled by such person, when
the foregoing causes the noise level, when measured on any other residential
or commercial/industrial property, to exceed the following noise levels
measured in decibels on a cumulative basis per hour:
Zones
|
Noise Standard
|
15 Minutes Duration/Hour
|
Five Minutes Duration/Hour
|
One Minute Duration/Hour
|
---|
Day
|
Night
|
Day
|
Night
|
Day
|
Night
|
Day
|
Night
|
---|
Residential (includes Village Mixed Use)
|
55 db
|
45 db
|
60 db
|
50 db
|
65 db
|
55 db
|
70 db
|
60 db
|
Commercial/ Industrial
|
65 db
|
55 db
|
70 db
|
60 db
|
75 db
|
65 db
|
80 db
|
70 db
|
(b) Interior noise standards.
(1) The following interior noise standards apply to all residentially
zoned parcels and dwelling units within the City:
Zone
|
Time Period
|
Interior Noise Standard
|
---|
Residential
|
All hours
|
45 db
|
(2) It is unlawful for any person at any location within the City to
create any noise, or to allow the creation of any noise, on property
owned, leased, occupied or otherwise controlled by such person when
the foregoing causes the noise level, when measured within any other
dwelling unit on any residential property, to exceed:
(i) The interior standard for a cumulative period of more than five minutes
in any hour;
(ii) The interior noise standard plus five decibels for a cumulative period
of more than one minute in any hour;
(iii)
The interior noise standard plus 10 decibels for any period
of time.
(c) Ambient noise level exception. In the event the existing ambient noise level exceeds any of the noise level limits in subsections
(a) and
(b) of this section, the noise level limit shall be increased in five decibel increments as appropriate to encompass or reflect the ambient noise level.
(§ 1, Ord. 731, eff. August 27, 1998, as amended by § 2, Ord.
887, eff. August 9, 2018)
Special regulations and/or prohibitions are established on the following specific noise sources; provided, however, that unless otherwise excepted, the following noise sources must nevertheless comply with the noise level limits set forth in Section
5-11.04 of this chapter.
(a) Animals. It is unlawful to keep, maintain or permit to be
kept or maintained upon any premises, animals which make utterances,
barks or cries which are so loud, so frequent and continued over so
long a period of time that they deprive persons residing in two or
more separate residences in the neighborhood of the comfortable enjoyment
of their home.
(b) Car alarms, burglar alarms, horns and signaling devices. Unnecessary use or operation of car alarms, burglar alarms, horns
and signaling devices, on automobiles, motorcycles or any other vehicles
is prohibited. It is unlawful for any person to cause, allow or permit
any motor vehicle alarm registered in the name of, or driven by, such
person to emit any audible sound within the City for a period of more
than 10 minutes. It shall also be unlawful for any property owner
or lessee/tenant of a real property to allow a burglar alarm to sound
for more than 10 minutes. The time shall be calculated based upon
the emission of the first audible sound, and 10 minutes thereafter,
notwithstanding any variation or delay in the emissions of audible
sound. Any violation of this section is declared a public nuisance.
In addition to other remedies, if a motor vehicle alarm continues
to be activated, any police officer may have the vehicle removed from
any zone in the City to abate such nuisance at the owner's and/or
responsible party's expense. In the case of burglar alarms, the owner
or lessee/tenant of the property shall be subject to a citation if
the alarm sounds for more than 10 minutes.
(c) Construction. Any person who operates powered construction
equipment, erects, constructs, demolishes, excavates for, alters or
repairs any building or structure within the City in such a manner
as to cause noise to be received by any person beyond the boundaries
of the property on which the construction work is occurring shall
comply with the following:
(1) Construction hours shall be limited to between 7:00 a.m. and 5:00 p.m. on weekdays. Construction activities authorized by a valid City permit may, as warranted by the project, exceed the noise level limits of Section
5-11.04 on a temporary and short-term basis during the authorized construction hours, as determined appropriate and necessary by the Community Development Director.
(2) No construction work shall be performed on weekends or City holidays.
(3) All construction equipment shall be operated with the standard factory
silencer and/or muffler equipment attached and maintained in good
working order.
Exception: A person may perform construction work on the person's own property that results in noise being received by persons beyond the boundaries of the property between 8:00 a.m. and 6:00 p.m. on weekends providing such construction activity is for the purpose of improving the property where the work is being performed, is not carried on for profit or livelihood, and otherwise meets the noise level standards of Section 5-11.04 of this chapter.
|
(d) Gardening and domestic power tools. No person shall operate
any lawnmower, lawn edger, riding tractor or any other machinery,
equipment or other mechanical or electrical device, or any hand tool
which creates a loud, raucous or impulsive sound, within any residential
zone or within any commercial zone which can be heard within any residential
zone between the hours of 6:00 p.m. and 8:00 a.m. Use of such tools
is prohibited on City holidays.
(e) Leaf blowers.
(1) Only electric powered leaf blowers may be used in the City. Leaf
blowers powered by internal combustion engines are prohibited in the
City. The operation of electric powered leaf blowers is permitted
in residential zones providing the following conditions are met:
(i) Hours of operation are limited to 8:00 a.m. to 5:00 p.m. weekdays
and Saturdays. Operation is prohibited on Sundays and holidays.
(ii) No cutting, refuse or debris is blown onto neighboring properties
or into a street or gutter.
(iii)
The standard factory silencer shall be attached at all times
and in good working order.
(2) The operation of electric powered leaf blowers shall be permitted
on parcels in non-residential zones under the following conditions:
(i) Hours of operation are limited to 8:00 a.m. to 6:00 p.m. Operation
is prohibited on City holidays. gutter. ing order.
(ii) No cuttings, refuse or debris are blown onto neighboring properties
or into a street or gutter.
(iii)
The standard factory silencer shall be attached at all times
and maintained in good working order.
(3) No business license shall be issued to any gardener and/or landscaper
without proof of purchase of an electric leaf blower and a signed
declaration that the company will not use prohibited leaf blowers
or other prohibited equipment in the city.
(4) The full blower nozzle extension shall be used for maximum efficiency
and to minimize the spread of fugitive dust.
(5) After leaf blower use, debris and waste materials shall be disposed
of in trash receptacles or other equivalent container.
(6) Leaf blowers shall be maintained in proper working order and all
manufacturers' noise and dust control equipment on the leaf blower
shall remain on the blower and be in operating condition.
(f) Libbey Bowl events.
(1) All performances using sound amplification equipment in Libbey Bowl
shall be in conformance with the adopted sound control plan for the
Bowl. The sound control plan shall include such provisions as determined
by resolution of the City Council.
(2) Use of sound amplification equipment in Libbey Bowl shall be limited
to the hours between 10:00 a.m. and 10:00 p.m.
(g) Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner that causes a noise disturbance across the boundary lines of an adjacent property shall be prohibited. At all other times such loading and handling activities are subject to the noise level limits of Section
5-11.04 of this chapter.
(h) Motor vehicle operation. The racing of the engine of a motor
vehicle, allowing the engine to idle for longer than 10 minutes, or
bringing a motor vehicle to a sudden start or stop are prohibited,
except as required by an emergency. Operating a vehicle on public
or private property in a manner that generates noise that is so loud,
raucous or jarring that it disturbs or is a nuisance to any adjacent
neighborhood or person residing in the neighborhood is prohibited.
(i) Outdoor dining. Outdoor dining in commercial zones is prohibited
between the hours of 11:30 p.m. and 6:00 a.m. Such hours of operation
may be further restricted by the conditions of any permit that must
be granted to approve outdoor dining.
(j) Pool equipment. All pool motor pumps and filters shall be
designed and constructed with sound attenuation devices that meet
the requirements of the City Building Department.
(k) Refuse collection. No person shall collect refuse or operate
a street sweeping vehicle on a street or parking lot within or adjacent
to a City residential area between the hours of 6:00 p.m. and 7:00
a.m.
(l) Sound amplifying equipment (includes radios). The use or
operation of sound amplifying equipment shall be subject to the following
restrictions and prohibitions:
(1) The type of amplified sound shall be limited to either music or human
speech, or both.
(2) The use or operation of sound amplifying equipment shall comply with
the noise level limits set forth in Section 5-11.4.
(3) The volume of sound shall be so controlled that it will not be unreasonably
loud, raucous, jarring, disturbing or a nuisance to persons or domestic
animals within the area of audibility.
(4) It is unlawful for any person to operate a radio, stereo, compact
disc player or other sound amplifying equipment on the public right-of-way
or public land in a manner that exceeds the noise level limits established
for adjacent properties or is plainly audible to the human ear at
a distance of 35 feet from the source, unless the operation of such
equipment is part of a special event sponsored by the City or is otherwise
permitted pursuant to the provisions of subsection (f) of this section.
(5) The operation of any radio, compact disc or tape player on a public
transit bus or trolley so as to emit noise that is plainly audible
to any other person in the vehicle shall be prohibited.
(m) Street sweeping vehicles. No person shall collect refuse
or operate a street sweeping vehicle on a street or parking lot within
or adjacent to a City residential area between the hours of 6:00 p.m.
and 5:00 a.m.
(n) Yelling, shouting, etc. Disturbing or raucous yelling, shouting,
hooting or whistling on the public streets and sidewalks is prohibited.
(§ 1, Ord. 731, eff. August 27, 1998, as amended by § 1, Ord.
736, eff. April 22, 1999, § 2, Ord. 887, eff. August 9, 2018, § 2, Ord. 906, eff. April 29, 2020, and § 2, Ord. 930, eff. September 14, 2022)
(a) When
any loud or unruly assemblages occur and the City's law enforcement
agency is required to respond to the scene in response to citizen
complaints, the peace officer at the scene shall determine whether
there is a violation of this chapter. If the peace officer determines
there is a violation, he or she shall notify the owner of the property
and/or the person in charge of the property and/or the person responsible
for the assemblage that such person or persons shall be held personally
liable for the cost of providing additional law enforcement personnel
over and above the normal police services provided during the initial
response to the assemblage. If the person in charge or responsible
for the party is a minor, the parents or guardians of such minor shall
be notified regarding this liability.
(b) In the event that subsequent police personnel and resources are needed within 24 hours after the initial warning given in accordance with subsection
(a) of this section in order to control the threat to the public peace, health, safety or general welfare caused by such unruly assemblage, such resources shall be deemed to be on a special security assignment over and above normal police services. The owner of the property and/or the person in charge of the property where such assemblage occurs and/or the person responsible for such assemblage shall be personally responsible for the cost of subsequent call backs or security assignments in an amount determined upon a cost accounting basis by the City, per administrative guidelines adopted by the City and approved by resolution of the City Council. The cost of such special police security shall include damage to City property and/or injuries to City personnel. In addition, to the foregoing, the City reserves its right to elect any other legal remedies.
(§ 1, Ord. 731, eff. August 27, 1998, as amended by § 2, Ord.
887, eff. August 9, 2018)
The following activities shall be exempt from the provisions
of this chapter:
(a) Emergency exemption. The emission of sound for the purpose
of alerting persons to the existence of an emergency or the emission
of sound in the performance of emergency work, including emergency
road work or utility repair;
(b) Warning devices. The operation and/or testing of warning
devices necessary for the protection of public safety, including police,
fire and ambulance sirens and train horns;
(c) Outdoor school activities. Activities conducted on public
playgrounds and public or private school grounds, including, but not
limited to, athletic and school entertainment events;
(d) Special events. Community events, concerts and parades open
to the general public without charge which are approved and/or permitted
by the City in advance shall be exempt from the provisions of this
chapter;
(e) Post Office Tower bell. Sound emanating from the bell in
the historic Post Office Tower on Ojai Avenue is exempt from the provisions
of this chapter;
(f) Public facility maintenance and construction in the public right-of-way. Maintenance and repair of public facilities by City personnel and
City-authorized contractors on weekends and holidays are exempt. Construction
on public facilities or in the public right-of-way by City-authorized
contractors and personnel is exempt from the provisions of this chapter.
City personnel performing maintenance and construction activities
shall make every effort to conform with the provisions of this chapter
when feasible.
(g) After hours construction.
(1) The Community Development Director or designee may issue an after-hours
construction permit authorizing work and/or entrance to a work site
otherwise prohibited by this chapter if the Director determines that
the public interest will be served by such a permit. Situations in
which the public interest may be served include, but are not limited
to, construction on or near school grounds and construction that may
interfere with vehicular or pedestrian traffic in heavily traveled
areas.
(2) Applications for an after-hours construction permit shall be in writing
and shall set forth how the public interest will be served by issuing
the permit. An after-hours construction permit may be revoked or suspended
by the Planning Director or designee if it is determined that the
proposed activity will detrimentally affect the public safety, health
and welfare. Emergency construction activities to protect the public
safety, health and welfare are exempted under subdivision (1) of this
subsection.
(§ 1, Ord. 731, eff. August 27, 1998, as amended by § 2, Ord.
887, eff. August 9, 2018)
Any sound levels measured pursuant to the provisions of this
chapter shall be "A" weighted sound levels, measured with a sound
level meter using the "A" weighting and slow response, except for
impulsive noise, for which the fast response shall be used. The sound
level meter shall meet the standards for such devices established
by the American National Standards Institute. Outdoor measurements
shall be taken with the microphone located along the property line
of the complainant's property or the noise source. Whenever possible,
the meter shall be located three to five feet above ground level.
If the noise complaint is related to interior noise levels, interior
noise levels shall be measured within the complainant's dwelling or
commercial structure. If possible, the ambient noise level shall be
measured at the same locations as the offending noise source is measured.
(§ 1, Ord. 731, eff. August 27, 1998, as amended by § 2, Ord.
887, eff. August 9, 2018)
(a) The
Director of Community Development shall enforce the provisions of
this section.
(b) Any noise exceeding the noise level limits specified in Section
5-11.04 of this chapter, or any noise constituting an occurrence of any prohibited act specified in this chapter, shall be deemed to be prima facie evidence of a violation of the provisions of this chapter.
(c) Except where a person is acting in good faith to comply with an abatement order issued pursuant to subsection
(d) of this section, violation of any provision of this chapter shall be cause for a notice of violation to be issued by the Director of Community Development or other responsible official according to procedures which the Director may prescribe. Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction.
(d) In
lieu of issuing a notice of violation, the Director or other responsible
enforcement official may issue a warning or an order requiring abatement,
within a reasonable time period, of a sound source alleged to be in
violation of this chapter. No complaint or further action shall be
taken in the event that the cause of the violation has been removed,
the condition abated or fully corrected within the time period specified
in the warning order of abatement.
(e) In
addition to the enforcement powers granted by this section to the
Director of Community Development and the enforcement powers provided
by all other applicable sections of this Code, the Chief of Police
is authorized to enforce this chapter by issuance of citations for
violations of this chapter.
(f) For
purposes of this chapter, enforcement officer and enforcement official
mean the Director of Community Development, the Chief of Police, the
Code Enforcement Officer, and their designees and deputies.
(§ 1, Ord. 731, eff. August 27, 1998, as amended by § 2, Ord.
887, eff. August 9, 2018)