Chapter 7.40 NOISE REGULATION

In order to control unnecessary, excessive and annoying noise in the city, it is the public policy of the city to regulate such noise generated from or by all sources as specified in this chapter. The city council finds and determines that certain types of noises are detrimental to the public health, welfare and safety, and are contrary to public interest. Therefore, the city council ordains that creating, maintaining, causing or allowing to be created, caused or maintained any noise in the manner prohibited by or not in conformity with the provisions of this chapter is unlawful and a public nuisance. [Ord. 342 § 1, 2003]

7.40.020 Regulations.

Notwithstanding another provision of this code, and in addition thereto, it is unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. If a conflict occurs with another provision of this code, the most stringent provision shall apply. [Ord. 342 § 1, 2003]

7.40.030 Definitions.

For purposes of the terminology used in this chapter, certain words and phrases set out in this section shall be defined as follows:

“Agricultural zoned property” is as defined in the city zoning ordinance regulations in BMC Title 14.

“Commercial zoned area” is as defined in the city zoning ordinance regulations in BMC Title 14.

“Construction” means any site preparation, assembly, erection, substantial repair, alteration or similar action, for or of public or private rights-of-way, structure, utilities or similar property.

“Demolition” means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.

“Emergency work” means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

“Gross vehicle weight rating” means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combining weight specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle shall be used.

“Industrial zoned area” is as defined in the city zoning ordinance regulations in BMC Title 14.

“Licensed” means the possession of a formal license or permit issued by the appropriate jurisdictional authority, or, where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record.

“Mobile noise source” means any noise source other than a fixed noise source.

“Motorboat” means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but does not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States government or any federal agency successor thereto (Section 651(d), Harbors and Navigation Code).

“Motor vehicle” includes any and all self-propelled vehicles as defined in the California Motor Vehicle Code, including all on-highway type motor vehicles subject to registration under the code, and all off-highway type motor vehicles subject to identification under the code.

“Muffler or sound-dissipative device” means a device consisting of a series of chambers or baffles plates, or other mechanical design, for the purpose of receiving exhaust as from an internal combustion engine, and effective in reducing noise.

“Noise clearly audible” is any sound which, as judged by the noise control office:

(1) Can be heard by reasonable persons of normal sensitivities; or

(2) Endangers or injures personal or real property.

“Noise control office (NCO)” means the Gridley-Biggs police department and the city of Biggs planning department as established.

“Person” means any individual, association, partnership, corporation, club or entity.

“Powered model vehicle” means any self-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket.

“Public right-of-way” means any street, avenue, boulevard, highway, sidewalk or alley or similar place, which is owned or controlled by a governmental entity.

“Public space” means any real property or structures thereon which are owned or controlled by a governmental entity.

“Real property boundary” means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person.

“Residential zoned area” is as defined in the city zoning ordinance regulations in BMC Title 14.

“Sound amplifying equipment” means any device for the amplification of the human voice, music or any other sound, excluding standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed and, as used in the chapter, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

“Sound truck” means any motor vehicle, or any other vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment.

“Weekday” means any day, Monday through Saturday, which is not a legal holiday. [Ord. 342 § 1, 2003]

7.40.040 Police department and planning department.

The city police department and the planning and building department are established as the “noise control office” and shall administer the provisions of this chapter. [Ord. 342 § 1, 2003]

7.40.050 Powers.

In order to implement and enforce this chapter, and for the general purpose of noise abatement and control, the planning department shall have the additional authority to:

(1) Prepare recommendations to be approved by the city council for designation of noise-sensitive zones which contain noise-sensitive activities;

(2) Zoning Changes. Prior to city approval of any zoning change, the planning department may:

(a) Review the noise impact of the zoning change by identifying existing and projected noise sources and the associated sound levels; and/or

(b) Require usage of adequate control measures on noise sources identified in subsection (2)(a) of this section, which will be in violation of any provision of this chapter. [Ord. 342 § 1, 2003]

7.40.060 Procedure.

(1) Upon receiving a complaint from a citizen, either a member of the planning department or a member of the police department will respond to the complaint and conduct an investigation to determine if a violation of this chapter has occurred.

(2) If a violation has occurred, the investigating officer may take any of the following actions:

(a) Contact the person responsible and request the noise-causing activity to stop;

(b) Issue a citation to the person responsible for the noise-causing activity; or

7.40.070 Motor vehicle – On right-of-way.

Motor vehicle noise limits on a public right-of-way are regulated as set forth in the California Vehicle Code, Sections 23130 and 23130.5. Equipment violations, which create noise problems, are covered under Sections 27150 and 27151. Any peace officer of any jurisdiction in California may enforce these provisions. Therefore, it is the policy of the city to enforce these sections of the California Motor Vehicle Code. [Ord. 342 § 1, 2003]

7.40.110 Radios, television sets, musical instruments and similar devices.

It is unlawful and in violation of this chapter for any person to operate, play or permit to operate or play any radio, television, computer, compact disc player, musical instrument or a device that produces or reproduces sound between the hours of 10:00 p.m. and 7:00 a.m. in such a manner that creates noise clearly audible across a residential or commercial zoned real property boundary. [Ord. 342 § 1, 2003]

7.40.120 Loudspeakers.

It is unlawful and in violation of this chapter for any person to use or operate for any purpose any loudspeaker, loudspeaker system or similar device between the hours of 10:00 p.m. and 7:00 a.m., such that the sound therefrom creates noise clearly audible across a residential zoned or a commercial zoned real property boundary. [Ord. 342 § 1, 2003]

7.40.130 Street sales.

It is unlawful and in violation of this chapter for any person to offer for sale, sell anything or advertise by shouting or outcry within any residential zoned or commercial zoned area or noise-sensitive zone of the town. The provisions of this section shall not prohibit the selling by outcry of merchandise, food and beverage at sporting events, parades, fairs, circuses or other similar public entertainment events. [Ord. 342 § 1, 2003]

7.40.140 Loading and unloading.

It is unlawful and in violation of this chapter for any person to load, unload, open, close or otherwise handle boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 6:00 a.m. in such manner that creates noise clearly audible across a residential zoned or a commercial zoned real property boundary. [Ord. 342 § 1, 2003]

7.40.160 Construction or demolition – Generally.

It is unlawful and in violation of this chapter for any person to operate or cause the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between the hours of 7:00 p.m. and 6:00 a.m. on weekdays or at any time on Sundays or holidays in such a manner that creates noise clearly audible across a residential zoned or a commercial zoned real property boundary, except for emergency work being performed by a public agency or a public utility. However, this section does not apply to domestic power tools as specified in BMC 7.40.185. [Ord. 342 § 1, 2003]

7.40.170 Powered model vehicles.

It is unlawful and in violation of this chapter for any person to operate or permit to operate a powered model vehicle between the hours of 10:00 p.m. and 7:00 a.m. in such a manner that creates noise clearly audible across a residential zoned or commercial zoned real property boundary. [Ord. 342 § 1, 2003]

7.40.175 Stationary nonemergency signaling devices.

It is unlawful and in violation of this chapter for any person to sound or permit the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle or similar device, intended primarily for nonemergency purposes, from any place, for more than 10 seconds in any hourly period. Houses of religious worship are exempt from this section. [Ord. 342 § 1, 2003]

7.40.180 Emergency signaling devices.

The following are unlawful and in violation of this chapter:

(1) The intentional sounding or permitting the sounding of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling devices, except for emergency purposes or for testing, as provided in subsection (2) of this section.

(2)(a) Testing of a stationary emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Any such testing shall use only a minimum cycle test time.

(b) Testing of a complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 7:00 a.m. or after 10:00 p.m.

(3) Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, unless the alarm is terminated within 15 minutes after activation. [Ord. 342 § 1, 2003]

7.40.185 Domestic power tools and machinery.

(1) It is unlawful and in violation of this chapter for any person to operate or permit the operation of any mechanically powered hammer, fastening tool, saw, sander, drill grinder, lawn or garden tool, or similar tool, between 10:00 p.m. and 7:00 a.m., in such a manner that creates noise clearly audible across a residential zoned or commercial zoned real property boundary.

(2) Any motor, machinery, or pump, such as swimming pool equipment, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a noise clearly audible across a residential zoned or a commercial zoned real property boundary. [Ord. 342 § 1, 2003]

7.40.190 Off-road unregistered motor vehicles.

It is unlawful and in violation of this chapter for any person to operate any off-road or unregistered motor vehicle between the hours of 10:00 p.m. and 7:00 a.m. in such a manner that creates noise clearly audible across a residential zoned or a commercial zoned real property boundary. [Ord. 342 § 1, 2003]

7.40.200 Emergencies.

The provisions of this chapter shall not apply to the following:

(1) The emission of sound for the purpose of alerting persons to the existence of an emergency; or

(2) The emission of sound in the performance of emergency work. [Ord. 342 § 1, 2003]

7.40.210 Warning devices.

The provisions of this chapter do not apply to warning devices necessary for the protection of public safety. [Ord. 342 § 1, 2003]

7.40.230 Agricultural operations.

All mechanical devices, apparatus or equipment associated with agricultural operations conducted on agricultural zoned property are exempt from the provisions of this chapter, except in the vicinity of residential land uses, in which case a variance permit shall be required in accordance with this chapter to operate noise-producing devices, with the following stipulations:

(1) Operations do not take place between 8:00 p.m. and 6:00 a.m.; or

(2) Such operations and equipment are associated with protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; or

(3) Such operations and equipment are associated with agricultural pest control through pesticide application, provided the application is made in accordance with permits issued by or regulations enforced by the county office of agriculture; or

(4) Such devices utilized for pest control which incorporate stationary or mobile noise sources (electromechanical bird scare devices, etc.) are operated only by permit issued by the noise control office. The allowable hours and days of operations of these devices will be specified in the permit.

All equipment and machinery powered by internal combustion engines shall be equipped with a property muffler and air intake silencer in good working order. [Ord. 342 § 1, 2003]

7.40.240 Federal or state preempted activities.

Any other activity is exempt from this chapter to the extent regulations thereof have been preempted by state or federal law. [Ord. 342 § 1, 2003]

7.40.300 Authority of NCO.

The NCO is authorized to grant or deny variance applications for exception from any provision of this chapter, subject to limitations as to area noise levels, time limits and other terms and conditions as the NCO determines are appropriate to protect the public health, safety and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any permit or license required by law for such activities. [Ord. 342 § 1, 2003]

7.40.310 Application.

(1) Any person seeking a variance pursuant to this chapter shall file an application with the NCO. The application shall contain information, which demonstrates that bringing the noise source into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons.

(2) The application shall be accompanied by a fee set by resolution of the city council.

(3) A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property, may be combined in one application. [Ord. 342 § 1, 2003]

7.40.320 Granting or denial.

In determining whether to grant or deny the application for a variance exceeding 48 hours, the NCO shall hold a public hearing after giving a 10-day written notice to all property owners within 300 feet of the proposed variance site. The NCO shall balance the hardship on the applicant, community and other persons of granting or denying the variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts on granting or denying the variance. [Ord. 342 § 1, 2003]

7.40.330 Notice.

(1) Variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit of the permitted activity.

(2) The variance shall not become effective until the applicant agrees to all conditions.

(3) Noncompliance with any conditions of the variance shall terminate the variance and require the person to comply with all provisions of this chapter. [Ord. 342 § 1, 2003]

7.40.340 Time limit.

A variance shall not exceed 120 days from the date on which it is granted. Application for extension of time limits specified in a variance or for modifications or other substantial conditions shall be treated like applications for initial variance under BMC 7.40.300. [Ord. 342 § 1, 2003]

7.40.400 Enforcement.

Members of the police department and planning department are authorized to issue citations and/or request complaints for violations of the chapter. [Ord. 342 § 1, 2003]

7.40.410 Additional remedies.

As an additional remedy, any violation of the provisions of this chapter is declared to be a public nuisance and the city attorney is authorized to file an action to abate such nuisance in a court of appropriate jurisdiction in the manner provided by law. [Ord. 342 § 1, 2003]

7.40.420 Violation – Penalty.

(1) Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction with fines pursuant to Government Code Section 36900. A second violation of this chapter within one year shall be deemed guilty of a misdemeanor with a fine not to exceed $1,000 and/or six months in the county jail. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.

(2) Each day a violation continues shall be a separate offense. [Ord. 342 § 1, 2003]

7.40.430 Appeal.

Any person aggrieved by the decision of any administrative officer empowered to administer the provisions of this chapter shall have the right to appeal the decision of any such officer to the city council within 10 days after the decision. The decision of the city council shall be final. [Ord. 342 § 1, 2003]