Chapter 8.20
NOISE REGULATIONS1
Sections:
8.20.010 Declaration of policy.
8.20.030 Sound-amplifying equipment – Purpose of provisions.
8.20.080 Sound-amplifying equipment – Use regulations.
8.20.090 Radios, television sets and similar devices.
8.20.100 Hawkers and peddlers.
8.20.120 Noise sensitive land uses.
8.20.140 Machinery, equipment, fans and air conditioning.
8.20.150 Construction of buildings and projects.
8.20.170 Motor-driven vehicles.
8.20.180 Sound level measurement criteria.
8.20.190 Maximum allowable sound level.
8.20.200 Excessive noise prohibited.
8.20.210 Petition for temporary relief from regulations.
8.20.010 Declaration of policy.
It is declared to be the policy of the city to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power. At certain levels noises are detrimental to the health and welfare of the citizenry and in the public interests shall be systematically proscribed. (Ord. 77-2 N.S. § 1, 1977; prior code § 12-101).
8.20.020 Definitions.
“A-weighted” or “A-weighting” means the sound pressure level in decibels that reflects the response of the human ear by reducing the values of sound at low and high frequencies generally not perceived by human hearing.
“Ambient noise” means the existing background noise level characteristic of an environment. For the purpose of this chapter, ambient noise level is the level obtained when the A-weighted sound level is averaged over a period of 15 minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made.
“Commercial purpose” 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 or customers to or for any performance, show, entertainment, exhibition, or event, or for the purpose of demonstrating such sound equipment.
“Decibel” means a unit of measurement that indicates the relative amplitude of a sound. The zero on the decibel scale is based on the lowest sound level that the healthy, unimpaired human ear can detect. Sound levels in decibels are calculated on a logarithmic basis. An increase of 10 decibels represents a tenfold increase in acoustic energy, while 20 decibels is 100 times more intense, 30 decibels is 1,000 times more intense, etc.
“Designated enforcement officer” means a city official empowered by the city manager to enforce the municipal code, including provisions of this chapter.
“Emergency work” means 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, or work by private or public utilities when restoring utility service.
“Frequency” of a function periodic in time means the reciprocal of the primitive period. The unit is the hertz and shall be specified.
“Hertz” means the complete sequence of values of a periodic quantity which occurs during a period.
“Leq” means the equivalent energy noise level, which is the average acoustic energy content of noise for a stated period of time; thus, the Leq of a time-varying noise and that of a steady noise are the same if they deliver the same acoustic energy to the ear during exposure. For evaluating community impacts, this rating scale does not vary regardless of whether the noise occurs during the day or the night.
“Motor vehicles” includes, but is not limited to, automobiles, mini-bikes, and go-carts.
“Noise” means sound judged to be unpleasant, loud or disruptive to hearing, as confirmed by a designated enforcement officer. From a physics standpoint, noise is indistinguishable from sound, as both are vibrations through a medium, such as air or water. For the purposes of this chapter, noise levels will be described in decibels.
Noise Level. See “Sound level.”
“Noise sensitive land uses” includes residences, transient lodging, hospitals, nursing homes, theaters, auditoriums, churches, schools, and libraries.
“Noncommercial purpose” means the use, operation or maintenance of any sound equipment for other than a commercial purpose. “Noncommercial purpose” means and includes, but is not limited to, philanthropic, political, patriotic and charitable purposes.
“Person” means a person, firm, association, copartnership, joint venture, corporation, or any entity public or private in nature.
“Residential” means property within a residential zone district.
“Sound-amplifying equipment” means any machine or device for the amplification of the human voice, music, or any other sound. “Sound-amplifying equipment” shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. “Sound-amplifying equipment,” as used in this chapter, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.
“Sound level” or “noise level,” in decibels (dB), is the sound measured with the “A” weighting and slow response as measured by a sound level meter.
“Sound level meter” means an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels that satisfies the pertinent requirements in American Standard Specifications for sound level meters S1.4-1971 or the most recent revision thereof. (Ord. 18-15 § 1).
8.20.030 Sound-amplifying equipment – Purpose of provisions.
The council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety and welfare of its citizenry. While recognizing that the use of sound-amplifying equipment is protected by the constitutional rights of freedom of speech and assembly, the council nevertheless feels obligated to reasonably regulate corrective constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise. (Ord. 77-2 N.S. § 1, 1977; prior code § 12-501).
8.20.040 Sound-amplifying equipment – Registration – Required.
Repealed by Ord. 18-15. (Ord. 77-2 N.S. § 1, 1977; prior code § 12-502).
8.20.050 Sound-amplifying equipment – Registration – Statement filing and approval.
Repealed by Ord. 18-15. (Ord. 77-2 N.S. § 1, 1977; prior code § 12-503).
8.20.060 Sound-amplifying equipment – Registration – Fee.
Repealed by Ord. 18-15. (Ord. 77-2 N.S. § 1, 1977; prior code § 12-505).
8.20.070 Sound-amplifying equipment – Appeal from disapproval.
Repealed by Ord. 18-15. (Ord. 07-37 § 1; Ord. 77-2 N.S. § 1, 1977; prior code § 12-504).
8.20.080 Sound-amplifying equipment – Use regulations.
The use of sound-amplifying equipment for commercial purposes and noncommercial purposes shall be subject to the following regulations:
A. The only sounds permitted shall be either music or human speech, or both.
B. The operation of sound-amplifying equipment shall only occur between the hours of 9:00 a.m. and 8:00 p.m. Monday through Saturday unless otherwise authorized by a use permit, and 9:00 a.m. to 6:00 p.m. on Sunday.
C. Sound levels emanating from sound-amplifying equipment shall not exceed the following maximum allowable sound levels:
|
Noise Zone |
9 a.m. – 8 p.m.2 |
8 p.m. – 9:30 p.m.1,2 |
|---|---|---|
|
Residential Neighborhoods |
75 |
70 |
|
Area Within One Block of First Street |
75 |
70 |
|
Commercial (all) and First Street |
80 |
75 Mon – Thurs 80 Fri – Sat |
|
Industrial |
N/A |
N/A |
1 Temporary use permit or use permit required.
2 No amplified sound after 6:00 p.m. Sundays.
D. Notwithstanding the provisions of subsection (C) of this section, sound-amplifying equipment shall not be operated within 200 feet of churches, schools, hospitals, or city or county buildings unless specifically authorized by the city manager or their designee or by permit issued pursuant to BMC Title 17 or the downtown mixed use master plan (DMUMP).
E. In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing, or a nuisance to reasonable persons of normal sensitivity within the area of audibility. (Ord. 18-15 § 6; Ord. 77-2 N.S. § 1, 1977; prior code § 12-506).
8.20.090 Radios, television sets and similar devices.
A. Use Restricted. It is unlawful for any person within any residential neighborhood of the city to use or operate any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of neighboring residents or any reasonable person of normal sensitivity residing in the area. (Ord. 18-15 § 7; Ord. 77-2 N.S. § 1, 1977; prior code § 12-201).
8.20.100 Hawkers and peddlers.
It is unlawful for any person within the city to sell anything by outcry within any area of the city zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events. (Ord. 77-2 N.S. § 1, 1977; prior code § 12-202).
8.20.110 Drums – Use restricted.
Repealed by Ord. 18-15. (Ord. 77-2 N.S. § 1, 1977; prior code § 12-203).
8.20.120 Noise sensitive land uses.
A. New noise sources shall not encroach upon existing noise sensitive land uses. New development with new stationary noise sources shall be located, designed and constructed to meet the noise standards in the table below with regard to daily or weekly operating conditions.
B. New noise sensitive land uses, including outdoor living spaces, shall be located, designed and constructed to meet the noise standards in the following table.
C. City signals and warning devices are exempt from these standards.
|
|
Exterior (Leq dBA)2,3 |
Interior (Leq dBA)2,3 |
||
|---|---|---|---|---|
|
Land Use |
7 a.m. – 10 p.m. |
10 p.m. – 7 a.m. |
7 a.m. – 10 p.m. |
10 p.m. – 7 a.m. |
|
Residential |
55 |
50 |
40 |
35 |
|
Transient Lodging |
55 |
50 |
40 |
35 |
|
Hospitals |
- |
- |
40 |
35 |
|
Nursing Homes |
55 |
50 |
40 |
35 |
|
Theaters, Auditoriums |
- |
- |
35 |
35 |
|
Churches |
55 |
50 |
40 |
40 |
|
Schools |
55 |
50 |
45 |
45 |
|
Libraries |
55 |
50 |
45 |
45 |
1 The noise level performance standards shall be applied to a typical hour of operation. When a peak hour of operation is expected to occur consistently during daily or weekly operations, the standards shall also be applied to those operations.
2 Noise levels shall be lowered by five dB for tonal noises (humming, high-pitched tones, speech, music, or recurring impulsive noises). This lowering of the standard does not apply to residential units established in conjunction with industrial or commercial caretaker dwellings.
3 For noise sources that occur on an infrequent basis and are considered to be safety equipment (such as flaring or pressure relief valves), a maximum noise level of 75 dB is acceptable, as measured from the receiver’s property line.
(Ord. 18-15 § 9).
8.20.130 Animals and fowl.
Repealed by Ord. 07-72. (Ord. 77-2 N.S. § 1, 1977; prior code § 12-205).
8.20.140 Machinery, equipment, fans and air conditioning.
It is unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the maximum allowable noise level in BMC 8.20.190 by more than three decibels. (Ord. 18-15 § 10).
8.20.150 Construction of buildings and projects.
It is unlawful for any person within:
A. A residential zone;
B. A district within the downtown mixed use master plan; or
C. A radius of 500 feet from a residential zone or downtown mixed use district;
to operate equipment or perform any outside construction or repair work on buildings, structures, or projects or to operate any heavy construction equipment (e.g., pile driver, power shovel, pneumatic hammer, derrick, power hoist) prior to 7:00 a.m. or after 7:00 p.m. on Monday through Friday, or prior to 8:00 a.m. or after 7:00 p.m. on Saturdays, or anytime on Sundays, in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefor has been duly obtained from the city manager or their designee. Grading permits issued pursuant to Chapter 15.73 BMC shall be subject to these provisions for work within 500 feet of a residential zone or downtown mixed use district. No permit shall be required to perform emergency work as defined in BMC 8.20.020. (Ord. 18-15 § 11).
8.20.160 Vehicle repairs.
It is unlawful for any person within any residential area of the city to repair, rebuild, or test any motor vehicle between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance. (Ord. 77-2 N.S. § 1, 1977; prior code § 12-401).
8.20.170 Motor-driven vehicles.
It is unlawful for any person to operate any motor-driven vehicle within the city in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance; provided, however, any such vehicle which is operated upon any public highway, street, or right-of-way shall be excluded from the provisions of this section. (Ord. 77-2 N.S. § 1, 1977; prior code § 12-402).
8.20.180 Sound level measurement criteria.
Any sound level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using the “A” weighting. (Ord. 77-2 N.S. § 1, 1977; prior code § 12-103).
8.20.190 Maximum allowable sound level.
A. The maximum allowable noise levels by noise zone shall apply as follows, except as expressly permitted otherwise:
|
Noise Zone |
7 a.m. – 8 p.m. |
8 p.m. – 10 p.m. |
10 p.m. – 7 a.m. |
|---|---|---|---|
|
Residential Neighborhoods |
60 |
55 |
50 |
|
Area Within One Block of First Street |
60 |
55 |
55 |
|
Commercial (all) and First Street |
65 |
60 |
60 |
|
Industrial |
75 |
75 |
75 |
(Ord. 18-15 § 12).
8.20.200 Excessive noise prohibited.
A. Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to wilfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
B. The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:
1. The level of the noise;
2. The intensity of the noise;
3. Whether the nature of the noise is usual or unusual;
4. Whether the origin of the noise is natural or unnatural;
5. The level and intensity of the background noise, if any;
6. The proximity of the noise to residential sleeping facilities;
7. The nature and zoning of the area within which the noise emanates;
8. The density of the inhabitation of the area within which the noise emanates;
9. The time of day or night the noise occurs;
10. The duration of the noise;
11. Whether the noise is recurrent, intermittent, or constant; and
12. Whether the noise is produced by a commercial or noncommercial activity. (Ord. 77-2 N.S. § 1, 1977; prior code § 12-601).
8.20.210 Petition for temporary relief from regulations.
A. Temporary relief from the noise regulations specified in this chapter may be granted through any of the procedures identified below. The noise regulations of this chapter shall not be exceeded until such time as the applicable permit of the city has been issued.
1. Approval of a special event permit in accordance with adopted city procedures.
2. Approval of a petition for temporary relief for any use or event that does not qualify for a special event permit or a use permit under BMC Title 17 or the downtown mixed use master plan. A petition for temporary relief may be requested of the city council. Any such request shall be submitted in writing to the city clerk, accompanied by a fee set by the city council. The city council shall hear such petition at the next available city council meeting after the filing of said request, allowing reasonable time to evaluate the request and prepare a staff report. Upon hearing all the evidence, the city council may grant temporary relief from the provisions of this chapter upon such terms and conditions as the council may see fit if the council finds that the temporary relief does not endanger the health, welfare or safety of the residents of the city. The duration of the relief will be established by the city council at the time of granting the petition for temporary relief; however, temporary relief shall not substitute for a land use permit granted under BMC Title 17 and shall not be approved for an ongoing use of unlimited or seasonal duration. The decision of the city council shall be final.
B. Relief shall not be granted for any of the procedural requirements as set forth in this chapter. (Ord. 18-15 § 13).
8.20.220 Violation – Penalty.
Repealed by Ord. 03-9. (Ord. 77-2 N.S. § 1, 1977; prior code § 12-105).
8.20.230 Violations.
A. The provisions of this chapter shall be enforced by the designated enforcement officer unless otherwise expressly provided herein.
B. Upon receipt of a complaint, the designated enforcement officer may investigate and assess whether the alleged noise levels exceed the noise standards set forth in this chapter.
1. The designated enforcement officer shall measure the noise level at the receiving use property line. The microphone shall be located four to five feet above the ground and 10 feet or more from the nearest reflective surface, where possible. However, in cases where another elevation is appropriate as determined by the designated enforcement officer, the latter may be utilized.
C. A violation may be determined in either of the following manners:
1. Prima Facie Violation. Any noise level exceeding the maximum allowable noise level for the noise zone of a receiving property at the property line of the receiving property, or of a condominium or apartment house, within any adjoining apartment, by more than three decibels shall be deemed to be prima facie evidence of a violation of the provisions of this chapter, except as otherwise provided herein. If the noise measurement is to be taken at a shared property line between two different noise zones, the maximum allowable noise level standard for the lowest allowed noise level will apply.
2. Unreasonable Noise Level. A noise level deemed unreasonable by the designated enforcement officer.
D. If the designated enforcement officer has reason to believe that any provision of this chapter has been violated, the designated enforcement officer may cause written notice to be served upon the property owner and the alleged violator, if known. Such notice shall be issued in accordance with the procedures set forth in Chapter 8.06 BMC (Neighborhood Nuisance Code).
E. Additional Remedy. As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. (Ord. 18-15 § 14).
For statutory provisions on noise control, see Health and Safety Code § 46000 et seq.