In this article, unless the context otherwise requires:
a. 
"Commercial purpose"
shall mean and include the use, operation, or maintenance of sound-amplifying equipment for the purpose of advertising business, goods or services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage to or for a performance, show, entertainment, exhibition or event, or for the purpose of demonstrating any such sound equipment or for the purpose of paging employees or customers.
b. 
"Emergency work"
shall mean work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger.
c. 
"Motor vehicle"
shall mean a motor vehicle as defined by the California Vehicle Code.
d. 
"Non-commercial purpose"
shall mean and include the use, operation or maintenance of sound equipment for other than a commercial purpose. Non-commercial purpose includes philanthropic, political, patriotic and charitable purposes.
e. 
"Sound-amplifying equipment"
shall mean a machine or device for the amplification of the human voice, music, or any other sound. Sound-amplifying equipment does not include:
1) 
A standard automobile radio when used and heard only by the occupant of the vehicle in which the radio is installed; or
2) 
A warning device on authorized emergency vehicle or horn or other warning device used for traffic safety purposes.
f. 
"Sound truck"
shall mean a motor vehicle regardless of motive power, whether in motion or stationary, having sound-amplifying equipment mounted or attached to it.
a. 
It is unlawful and a nuisance for any person within the residential areas of the City persistently to maintain, emit, cause, mechanically or otherwise, or permit any animal owned by him/her or in his or her possession to control to make any loud, disturbing, or habitual noise or any noise that annoys or disturbs or injures or endangers the health, repose, peace, or safety of any reasonable person of normal sensitivity present in the area.
b. 
The standards that shall be considered in determining whether a violation of the provisions of this chapter exists shall include but not be limited to the following:
1) 
The level, intensity, character, and duration of the noise;
2) 
The level, intensity, and character of background noise, if any;
3) 
The time when and the place and zoning district in which the noise is occurring;
4) 
The proximity of the noise to residential sleeping facilities; and
5) 
Whether the noise is recurrent, intermittent, or constant.
a. 
It is unlawful for a person to willfully make a loud, unnecessary or unusual noise which disturbs the peace or quiet of a neighborhood or which causes discomfort or annoyance to a reasonable person of normal sensitiveness residing in the area.
b. 
The standards which shall be considered in determining whether a violation of this article exists include, but are not limited, to the following:
1) 
The volume of the noise;
2) 
Whether the nature of the noise is usual or unusual;
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 time of the day or night the noise occurs;
6) 
The duration of the noise;
7) 
Whether the noise is continuous, recurrent or intermittent;
8) 
Whether the noise is produced by a commercial or non-commercial activity; and
9) 
The number of persons in the neighborhood who have complained of the noise.
Except as otherwise provided in this article it is unlawful for a person to do any of the following acts:
a. 
Operate or play a radio, television set, stereo, phonograph, receiving set, tape or compact disk player, jukebox, musical instrument or similar device between 10:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle from which it is located or a distance of 50 feet from the device if outside;
b. 
Create noise on a street, sidewalk or public place adjacent to a school or church while in use or to a hospital if the noise unreasonably interferes with the working of the institution or the peace or quiet of a hospital patient;
c. 
Operate a lawn mower or leaf blower between sunset and 8:00 a.m. or operate other machinery between the hours of 10:00 p.m. and 8:00 a.m. in a manner causing excessive noise to nearby residents;
d. 
Operate or perform construction or repair work (which creates noise) within or adjacent to a residential land use district except during the following hours:
1) 
Monday through Friday: 7:30 a.m. to 7:00 p.m.
2) 
Saturdays, Sundays and holidays: 9:00 a.m. to 7:00 p.m.;
e. 
Install, use or operate a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted on a sound truck for the purpose of transmitting sound to a person in or on a street, sidewalk, park or public property without a permit obtained under Section 4.2.210.
(Ord. 02-15, 1/27/2015)
a. 
Permit General. The City Manager may grant a permit allowing an exception to this chapter, or permitting the use of sound-amplification equipment, subject to the requirements of this section.
An application for either type of permit must be submitted at least three working days before the proposed activity and must be accompanied by an application fee in the amount set by City Council resolution.
The City Manager’s decision may be appealed to the City Council under Section 1.8.002 through Section 1.8.008.
b. 
Exception Permit. The City Manager may grant a permit allowing an exception to Section 4.2.206 or Section 4.2.208 (a) through (d) for as short a period of time as is reasonable if the permit applicant demonstrates all of the following:
1) 
Compliance with this chapter would be impractical or unreasonable;
2) 
Which mitigation measures will be implemented to minimize the sound disturbance; and
3) 
The absence of any objection from nearby residents or businesses (by written consent or by their failure to object after notice is sent by the City).
The City Manager may impose reasonable conditions on the granting of the permit.
c. 
Permit for Sound-Amplification Equipment. The City Manager may grant a permit to allow sound-amplification equipment, subject to reasonable restrictions regarding time, place and manner of use for the safety and convenience of the public, so long as the request for exception is not related to any social gathering or event located on a residential site, or in conjunction with a residential use, or within a residential zoning district, as defined by Chapter 9.1, or within a P-1 district approved for residential uses. Permits for existing nonresidential uses legally established within a residential zoning district or within a P-1 district approved for residential uses may be considered. The applicant shall submit an application containing the following information:
1) 
The name, address and telephone number of both the owner and user of the sound-amplifying equipment;
2) 
The maximum wattage to be used, and the approximate distance for which sound will be audible from the sound-amplifying equipment;
3) 
The license number, if a sound truck is to be used;
4) 
A general description of the sound-amplifying equipment which is to be used;
5) 
Which measures will be implemented to reduce noise to neighbors;
6) 
Where the equipment will be used; and
7) 
During which day(s) and hour(s) the equipment will be used.
If the application is denied, the City Manager shall advise the applicant in writing of the reasons for denial.
(Ord. 15-19, 10/22/2019)
a. 
Violation an Infraction. A person who violates a provision of this chapter is guilty of an infraction and subject to the penalty set forth in Section 1.5.002(d).
b. 
Violation a Public Nuisance. A violation of this chapter is a public nuisance and may be abated by a civil action including a restraining order or injunction.
Each violation of this article shall constitute a separate offense. Persons violating this chapter shall be deemed guilty of an infraction and, upon conviction, shall be punished in accordance with Section 1.5.002.