Chapter 8.15 NOISE ABATEMENT AND CONTROL

B. The making and creating of disturbing, excessive, offensive or unusually loud noises within the jurisdictional limits of the city is a condition which has persisted and the level and frequency of occurrence of such noises continue to increase; and

C. The making, creation or continuance of such excessive noises which are prolonged or unusual in their time, place, and use effect and are a detriment to the public health, comfort, convenience, safety, welfare, and prosperity of the residents of the city; and

D. Every person is entitled to an environment in which the noise is not detrimental to his or her life, health, and enjoyment of property; and

E. The necessity in the public interest for the provisions and prohibitions contained in this chapter and enacted is declared to be a matter of legislative determination and public policy and it is further declared that the provisions and prohibitions contained and enacted are in the pursuance of and for the purpose of securing and promotion of the public health, comfort, convenience, safety, welfare, prosperity, peace and quiet of the city and its inhabitants. [Ord. 91-21; Code 1990 § 4.2.01.]

8.15.020 Definitions.

Whenever the following words and phrases are used in this chapter, unless otherwise defined in this chapter, they shall have the meanings ascribed to them in this section:

“Average sound level” shall mean a sound level typical of the sound levels at a certain place during a one-hour period of time, averaged by the general rule of combination for sound levels, said general rule being set forth in American National Standard Specifications for Sound Level Meters S1.4-1971. Average sound level is also called equivalent continuous sound level.

“Commercial purpose” shall mean and include the use, operation or maintenance of any sound-amplifying equipment for the purpose of advertising any business, any goods, or any services, or for the purpose of attracting the attention of the public to, 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.

“Construction equipment” shall mean any tools, machinery or equipment used in connection with construction operations including all types of “special construction” equipment as defined in the pertinent sections of the California Vehicle Code when used in the construction process on any construction site, regardless of whether such construction site be located on-highway or off-highway.

“Container” shall mean any receptacle, regardless of contents, manufactured from wood, metal, plastic, paper, or any other material including but not limited to any barrel, basket, box, crate, tub, bottle, can or refuse container.

“Decibel” shall mean a unit of measure of sound (noise) level.

“Disturbing, excessive or offensive noise” shall mean:

A. Any sound or noise which constitutes a nuisance involving discomfort or annoyance to persons of normal sensitivity residing in the area;

B. Any sound or noise conflicting with criteria standards or levels as set forth in this chapter for permissible noises;

C. Any sound or noise conflicting with criteria standards or levels established by the federal or state government which are applicable in the city.

“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 imminent exposure to danger or damage or work by public or private utilities when restoring utility service.

“Fixed source” shall mean a machine or device capable of creating a noise level at the property upon which it is regularly located, including but not limited to industrial and commercial process machinery and equipment, pumps, fans, air-conditioning apparatus or refrigeration machines.

“Leq” shall mean equivalent continuous sound level.

“Motor vehicles” shall mean any and all self-propelled vehicles as defined in the California Vehicle Code and shall specifically include, but not be limited to, mini-bikes and go-carts.

“Noise control officer” shall mean the director of planning services or his duly authorized representatives.

“Noise level” shall mean “sound level” and the terms may be used interchangeably in this chapter.

“Noncommercial purpose” shall mean 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.

“Nonstationary source” shall mean a machine or device capable of being moved from place to place for occasional or temporary use at a given location, including, but not limited to, powered and manual construction equipment not used in connection with construction operation, powered lawnmowers, chainsaws and soil tillers, but excluding motor vehicles.

“Person” shall mean a person, firm, association, copartnership, joint venture, corporation, or any entity, public or private.

“Powered model vehicles” shall mean, but is not limited to, airborne, waterborne, or landborne vehicles such as model airplanes, model boats, and model vehicles of any type or size which are not designed for carrying persons or property and which can be propelled in any form other than manpower or windpower.

“Sound-amplifying equipment” shall mean any machine or device, mobile or stationary, used to amplify music, the human voice, or any sound.

“Sound level (noise level)” shall mean, in decibels, the quantity measured using the frequency weighting-A of a sound level meter as defined in this section.

“Sound level meter” shall mean an instrument for the measurement of sound, including a microphone, an amplifier, an attenuator, networks at least for the standardized frequency weighting-A, and an indicating instrument having at least the standardized dynamic characteristic “fast,” as specified in American National Standards Specifications for Sound Level Meters S1.4-1971 or the latest version thereof.

“Sound truck” shall mean any motor vehicle or other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, built in, or attached thereto any sound-amplifying equipment other than a car radio or television.

Supplemental Definitions of Technical Terms. Definitions of technical terms not defined in this section shall be obtained from the American National Standard, “Acoustical Terminology” S1.1-1961 (R-1971) or the latest revision thereof. [Ord. 91-21; Code 1990 § 4.2.02.]

8.15.030 Sound level measurement.

A. Any sound or noise level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using the A-weighting and “slow” response pursuant to applicable manufacturer’s instructions, except that for sounds of a duration of two seconds or less, the “fast” response shall be used and the average level during the occurrence of the sound reported. The Leq one-hour measurement shall be used in calculating final noise level.

B. The sound level meter shall be appropriately calibrated and adjusted as necessary by means of an acoustical calibrator of the coupler type to assure meter accuracy within the tolerances set forth in American National Standards ANSI-S1.4-1971.

C. For outside measurements, the microphone shall be not less than four feet above the ground, at least four feet distance from walls or other large reflecting surfaces and shall be protected from the effects of wind noises by the use of appropriate wind screens and the location selected shall be at any point on the affected property. In cases when the microphone must be located within 10 feet of walls or similar large reflecting surfaces, the actual measured distances and orientation of sources, microphone and reflecting surfaces shall be noted and recorded. In no case shall a noise measurement be taken within five feet of the noise source.

D. For inside measurements, the microphone shall be at least three feet distant from any wall, ceiling or partition, and the average measurement of at least three microphone positions throughout the room shall be determined. [Ord. 91-21; Code 1990 § 4.2.03.]

8.15.040 Sound level limits.

A. Unless a variance has been applied for and granted pursuant to this chapter, it is unlawful for any person to cause or allow the creation of any noise to the extent that the one-hour average sound level, at any point on or beyond the boundaries of the property on which the sound is produced, exceeds the applicable limits set forth below, except that construction noise level limits shall be governed by CMC 8.15.080.

B. Public utility facilities shall be allowed to operate at 50 DBAs in any zone, continuous over 24 hours.

Zone	Applicable Limit One-Hour Average Sound Level (In Decibels)
R-1, R-T, R-2, R-R and S-P regulations with a density of five dwelling units or less per acre	10:00 p.m. to 7:00 a.m.	40
	7:00 a.m. to 10:00 p.m.	50
R-3, S-P and PRD regulations with a density of six or more dwelling units per acre	7:00 a.m. to 7:00 p.m.	55
	7:00 p.m. to 10:00 p.m.	50
	10:00 p.m. to 7:00 a.m.	45
C-P-S, C-P, C-O	7:00 a.m. to 7:00 p.m.	60
	7:00 p.m. to 10:00 p.m.	55
	10:00 p.m. to 7:00 a.m.	55
M	7:00 a.m. to 10:00 p.m.	70
M	10:00 p.m. to 7:00 a.m.	50

C. The sound level limit at a location on a boundary between two zoning districts is the arithmetic mean of the respective limits for the two districts; provided, however, that the noise level limit applicable to extractive industries, including but not limited to borrow pits and mines, shall be the noise level limit applicable to the M-3 zone regardless of where the extractive industry is actually located.

D. Fixed location public utility distribution or transmission facilities located on or adjacent to a property line shall be subject to the noise level limits of this section, measured at or beyond six feet from the boundary of the easement upon which the equipment is located. [Ord. 91-21; Code 1990 § 4.2.04.]

8.15.050 Motor vehicles.

Provisions for motor vehicles shall be as follows:

A. Repairs of Motor Vehicles. It is unlawful for any person within the city to repair, rebuild, or test any motor vehicle in such a manner as to cause disturbing, excessive or offensive noises as defined in CMC 8.15.020.

B. On Highway. Violations for exceeding applicable noise level limits as to persons operating motor vehicles or associated accessory equipment of any type on a public street or highway in the city shall be prosecuted under applicable California Vehicle Code provisions and under federal regulations adopted pursuant to 42 U.S.C. 4905(a)(1)(A), (B) and (C)(ii) and (iii) for which enforcement responsibility is delegated to local government agencies.

C. Off Highway. Except as otherwise provided for in this chapter, it is unlawful to operate any motor vehicle or associated accessory equipment of any type on any site other than a public street or highway as defined in the California Vehicle Code in a manner so as to cause noise in excess of:

1. Those noise levels permitted for on-highway motor vehicles as specified in the table “35 miles per hour or less speed limits” contained in Section 23130 of the California Vehicle Code as corrected for distances set forth below:

Corrections
Distance (In Feet)	Correction (Decibels)
25	-6
28	-5
32	-4
35	-3
40	-2
45	-1
50 (preferred distance)	0
56	+1
63	+2
70	+3
80	+4
90	+5
100	+6

2. A measured noise level thus calibrated to the lane-to-microphone distance of 50 feet shall be deemed in violation of this section if it exceeds the applicable noise level limit specified by this section;

3. Or in excess of those sound levels permitted in CMC 8.15.040.

D. Emergency Vehicles. Nothing in this section shall apply to authorized emergency vehicles when being used in emergency situations.

E. Urban Transit Buses. Buses as defined in the California Vehicle Code shall at all times comply with the requirements of this section. [Ord. 91-21; Code 1990 § 4.2.05.]

8.15.060 Powered model vehicles.

It is unlawful for any person to operate any powered model vehicle except between the hours of 7:00 a.m. and 9:00 p.m. and then only in such a manner so as not to emit noise in excess of those levels set forth in CMC 8.15.040; however, if powered model vehicles are operated in public parks at a point more than 100 feet from the property line, the noise level shall be determined at a distance of 100 feet from the noise source instead of at the property line, and noises from powered model vehicles measured at that distance in excess of the noise limits specified in CMC 8.15.040 are prohibited. [Ord. 91-21; Code 1990 § 4.2.06.]

8.15.070 Refuse vehicles.

No person shall operate, or permit to be operated, a refuse compacting, processing, or collection vehicle within the city which when compacting creates a sound level in excess of 80 decibels when measured at a distance of 50 feet from any point of the compacting vehicle unless a variance has been applied for and granted pursuant to this chapter. [Ord. 91-21; Code 1990 § 4.2.07.]

8.15.080 Construction equipment.

Except for emergency work, it is unlawful for any person, including the city, to operate any single or a combination of powered construction equipment at any construction site, except as outlined in subsections (A) and (B) of this section:

A. It is unlawful for any person, including the city, to operate any single or a combination of powered construction equipment at any construction site before 7:00 a.m. or after 7:00 p.m. In addition, it is unlawful for any person, including the city, to operate any single or a combination of powered construction equipment at any construction site before 10:00 a.m. or after 5:00 p.m. on Saturdays and Sundays, January 1st, the last Monday in May, known as “Memorial Day,” July 4th, the first Monday in September, Thanksgiving Day and December 25th. When January 1st, July 4th, or December 25th fall on a Sunday, it is unlawful for any person to operate any single or a combination of powered construction equipment at any construction site before 10:00 a.m. or after 5:00 p.m. on the following Monday.

B. No such equipment, or a combination of equipment regardless of age or date of acquisition, shall be operated so as to cause noise at a level in excess of 75 decibels for more than eight hours during any 24-hour period when measured at or within the property lines of any property which is developed and used either in part or in whole for residential purposes. These sound levels shall be corrected for time duration in accordance with the following table:

Total Duration in 24 Hours	Decibel Level Allowance	Total Decibel Level
Up to 15 minutes	+15	90
Up to 30 minutes	+12	87
Up to 1 hour	+9	84
Up to 2 hours	+6	81
Up to 4 hours	+3	78
Up to 8 hours	0	75

C. In the event that lower noise limit standards are established for construction equipment pursuant to state or federal law, said lower limits shall be used as a basis for revising and amending the noise level limits specified in subsection (B) of this section. [Ord. 91-21; Code 1990 § 4.2.08.]

8.15.090 Containers and construction material.

It is unlawful for any person to handle or transport or cause to be handled or transported in any public place any container or any construction material in such a way as to create a disturbing, excessive, or offensive noise as defined in CMC 8.15.020. [Ord. 91-21; Code 1990 § 4.2.09.]

8.15.100 Signal device for food trucks.

No person shall operate or cause to have operated or used any sound signal device other than sound-amplification equipment attached to a motor vehicle wagon or manually propelled cart from which food or any other items are sold which emits a sound signal more frequently than once every 10 minutes in any one street block and with a duration of more than 10 seconds for any single emission. The sound level of this sound signal shall not exceed 90 decibels at 50 feet. [Ord. 91-21; Code 1990 § 4.2.10.]

8.15.110 Multiple-family dwelling units.

Notwithstanding any other provisions of this chapter, it is unlawful for any person to create, maintain or cause to be maintained any sound within the interior of any multiple-family dwelling unit which causes the average sound level of 45 decibels to be exceeded in any other dwelling unit for a cumulative period of five minutes in any one hour or 50 decibels for a cumulative period of one minute in any one hour or 55 decibels at any time between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day. The monitoring procedures outlined in CMC 8.15.030 shall be followed in enforcing this section. [Ord. 91-21; Code 1990 § 4.2.11.]

8.15.120 General noise regulations.

A. General Prohibitions. In the absence of objective measurement by use of a sound level meter, additionally it is unlawful for any person to make, continue, or cause to be made or continued, within the limits of the city, any disturbing, excessive or offensive noise which causes discomfort or annoyance to reasonable persons of normal sensitivity residing in the area.

B. The characteristics and conditions which should be considered in determining whether a violation of the provisions of this section exists, include, but are not limited to, the following:

1. The level of the noise;

2. Whether the nature of the noise is usual or unusual;

3. Whether the origin of the noise is natural or unnatural;

4. The level of the background noise;

5. The proximity of the noise to sleeping facilities;

6. The nature and zoning of the area within which the noise emanates;

7. The density of the inhabitation of the area within which the noise emanates;

8. The time of day or night the noise occurs;

9. The duration of the noise;

10. Whether the noise is recurrent, intermittent, or constant; and

11. Whether the noise is produced by a commercial or noncommercial activity.

C. Disturbing, Excessive or Offensive Noises. The following acts, among others, are declared to be disturbing, excessive and offensive noises in violation of this section, but said enumeration shall not be deemed to be exclusive, namely:

1. Horns, Signaling Devices, and Related Devices. Violations for disturbing, excessive or offensive noises associated with the use or operation of horns, signaling devices, and on automobiles, motorcycles, or any other vehicle, except as provided in CMC 8.15.110, shall be prosecuted under applicable provisions of the California Vehicle Code.

2. Radios, Televisions, Phonographs, and Similar Devices.

a. Uses Restricted. The use, operation or permitting to be played, used or operated of 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;

b. Prima Facie Violations. The operation of any such set, instrument, phonograph, television set, machine or similar device between the hours of 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 in which it is located, shall be prima facie evidence of a violation of this section.

3. 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:

a. The only sound permitted is music or human speech;

b. Operations are permitted between the hours of 8:00 a.m. and 9:00 p.m. or after 9:00 p.m. during public events and affairs of interest to the general public;

c. 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 10 miles per hour, except when said truck is stopped or impeded by traffic. Where stopped by traffic the said sound-amplifying equipment shall not be operated for longer than one minute at each stop;

d. Sound shall not be issued within 100 yards of hospitals, schools, churches, or courthouses;

e. The human speech and music amplified shall not be profane, lewd, indecent or slanderous;

f. 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 65 decibels (on the “A” scale) at a distance of 50 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;

g. No sound-amplifying equipment shall be operated unless the axis of the center of any sound-reproducing equipment used shall be 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 15 degrees either side of the axis of the center of the direction of travel;

h. 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.

4. Yelling, Shouting, and Other Such Loud Noises. Disturbing or raucous yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 10:00 p.m. and 8:00 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.

5. 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.

6. Drums and 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 city to engage in such conduct.

7. Animals and Fowls. 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 shall cause annoyance or discomfort to persons of normal sensitivity in the vicinity is prohibited; provided, however, that nothing contained in this chapter shall be construed to apply to occasional noises emanating from legally operated dog and cat hospitals, humane societies, pounds, farm or agricultural facilities, or areas where the keeping of animals or fowls is permitted. The written affirmation by two persons having separate residences that violation of this section disturbs the peace and quiet of said persons shall be prima facie evidence of a violation of this section.

8. Schools, Courts, Churches and 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 metal care facility, is prohibited.

9. 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.

10. Engines and Motor Vehicles. Any disturbing or raucous noises caused off streets or highways by racing or accelerating the engine of any motor vehicle or accessory equipment while moving or not moving, by the willful backfiring of any engine and exhaust from the engine tailpipe or muffler, or from the screeching of tires, is prohibited.

11. Commercial and Recreational Motor Vehicles. The use, operation, or permitting the use or operation of any commercial or recreational motor vehicle or associated accessory equipment such as, but not limited to, refrigeration and air conditioning equipment between the hours of 10:00 p.m. and 7:00 a.m. the following day within hearing distance of any residence or temporary sleeping accommodations is prohibited.

12. No person shall operate or permit the operation of any sound amplification system from a motor vehicle not being operated upon a highway which can be heard from outside the vehicle from 150 or more feet, unless that system is being operated to request assistance or warn of a hazardous situation.

13. This section does not apply to authorized emergency vehicles or vehicles operated by gas, electric, communications or water utilities. This section does not apply to the sound systems of vehicles used for advertising, or in parades, political or other special events; provided, that such systems comply with all other requirements of local ordinance and state law. [Ord. 91-21; Code 1990 § 4.2.12.]

8.15.130 Responding to disorderly gatherings.

A. Definitions. For the purposes of this section, the following definitions shall apply:

1. “Loud and/or disorderly gathering or party” means a loud and/or disorderly activity attended by a group of persons on public or private property which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

2. “Person responsible” means the person responsible for a loud and/or disorderly gathering or party and shall be deemed to be, in order of priority:

a. The owner(s) of the premises where the loud and/or disorderly gathering or party takes place, if the premises are owner-occupied property;

b. The tenant(s) of the premises where the loud and/or disorderly gathering or party takes place, if the premises are tenant-occupied property;

c. The person(s) responsible for organizing the loud and/or disorderly gathering or party. If the person is a minor, then the parents or guardians of that minor will be jointly or severally liable for reimbursement of the police expenses and any other public safety expenses incurred.

3. “Special security assignments” means the assignment of peace officers and other public safety service personnel during a second or subsequent call to a location after providing a warning that the loud and/or disorderly gathering or party violates the law.

B. Duty to Maintain Public Peace. Each person who sponsors a gathering or party, or who allows his or her property to be utilized for a gathering or party, shall maintain such in a quiet or orderly fashion so as to protect the public peace. Violation of this duty constitutes a public nuisance.

C. Cost of Police and Other Public Safety Service Personnel Response. When a loud and/or disorderly gathering or party occurs, the person or persons responsible will be held jointly and severally liable for payment of the public safety service expenses for special security assignments.

D. Billing of Public Safety Expenses. For the purposes of this section, the city’s finance department shall cause the person responsible for a loud and/or disorderly gathering or party to be billed the actual cost for the police services provided in responding to the disturbance and any other city and/or public safety expenses incurred. (These costs shall include, but shall not be limited to, damages to city property and/or injuries to city personnel, and city administrative costs. The police department shall accumulate the costs of all services provided in responding to the disturbance and forward the same to the finance department within 15 days of the disturbance for billing.) Such bills shall be due and payable within 30 days after the billing date.

E. Appeal Process. Any person receiving a cost recovery fee bill for public safety services pursuant to this section may, within 15 days after the billing date, file with the city clerk a written request appealing the imposition of such charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal said billing. All appeals shall be made in writing, shall state the grounds for such appeal, shall specify the factual basis for the appeal and shall contain a signature verifying the truth of all matters asserted. Any appeal regarding such billing shall be heard by the city manager, or by his or her designee, as the hearing officer. Notice of the hearing shall be sent by certified or registered mail to the appellant (unless such mail is refused or unclaimed; then the city shall subsequently send the mail via first class postage prepaid mail and such mailing shall be deemed actual service). Within 10 days after the hearing, the hearing officer shall give written notice of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the city shall be paid within 30 days after the notice of the decision of the hearing officer is sent by certified mail or registered mail to the appellant (unless such mail is refused or unclaimed; then the city shall subsequently send the mail via first class postage prepaid mail and such mailing shall be deemed actual service). The decision of the hearing officer may be appealed pursuant to CMC 8.05.070(A). If such a decision is not appealed, then the decision is final upon expiration of the appeal period.

F. Recovery of Public Safety Expenses. All amounts under this section shall be a debt to the city by the property owner and all persons responsible for the loud and/or disorderly gathering or party and may be collected as set forth in CMC 8.05.130. [Ord. 213 § 3, 2004; Code 1990 § 4.2.12A.]

8.15.140 Burglar alarms.

A. Any building burglar alarm must have an automatic cutoff, capable of terminating its operation within 30 minutes of the time it is activated, unless such an alarm is located within an agricultural or estate zone. Notwithstanding the requirements of this provision, any member of the police department of the city shall have the right to take such steps as may be reasonable and necessary to disconnect any such alarm during the period of its activation.

B. No owner of a motor vehicle shall have in operation an audible burglar alarm therein unless such burglar alarm shall be capable of terminating its operation within 15 minutes of the time it is activated. Notwithstanding the requirements of this provision, any member of the police department of the city shall have the right to take such steps as may be reasonable and necessary to disconnect any such alarm installed on a motor vehicle at any time during the period of its activation.

C. Any motor vehicle upon which a burglar alarm has been installed shall, when parked on a public highway or parking lot open to the public, prominently display the telephone number at which communication may be made with the owner of such motor vehicle. [Ord. 91-21; Code 1990 § 4.2.13.]

8.15.150 Exemptions.

A. Emergency Work. The provisions of this chapter shall not apply to any emergency work as defined in this chapter; provided, that:

1. The noise control officer has been notified in advance, if possible, or as soon as practical after said emergency; and

2. Any vehicle, device, apparatus, or equipment used, related to or connected with emergency work is designed, modified, or equipped to reduce sounds produced to the lowest possible level consistent with effective operation of such vehicle, device, apparatus, or equipment.

B. Sporting, Entertainment and Public Events. The provisions of this chapter shall not apply to:

1. Those reasonable sounds emanating from authorized school bands, school athletic and school entertainment events;

2. Sporting, entertainment and public events which are conducted pursuant to a license or permit issued by the city for which noise has been a consideration;

3. Those reasonable sounds emanating from a sporting, entertainment, or public event; provided, however, it is unlawful to exceed those levels set forth in CMC 8.15.040 when measured at or within the property lines of any property which is developed and used either in part or in whole for residential purposes unless a variance has been granted allowing sounds in excess of said levels.

C. Federal or State Preempted Activities. The provisions of this chapter shall not apply to any activity to the extent regulation thereof has been preempted by state or federal law.

D. Minor Maintenance to Residential Property. The provisions of CMC 8.15.040 shall not apply to noise sources associated with minor maintenance to property used either in part or in whole for residential purposes provided said activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday, or between the hours of 10:00 a.m. and 8:00 p.m. on Sunday.

E. Agricultural Operations. The provisions of CMC 8.15.040 shall not apply to equipment associated with agricultural operations conducted on agriculturally zoned property; provided, that all equipment and machinery powered by internal-combustion engines is equipped with a proper muffler and air intake silencer in good working order; and provided further, that:

1. Operations do not take place between 7:00 p.m and the following 7:00 a.m.; or

2. Such operations and equipment are utilized for the 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 department of agriculture. [Ord. 91-21; Code 1990 § 4.2.14.]

8.15.160 Manner of enforcement.

The city manager shall have primary responsibility for the enforcement of the provisions of this chapter. Pursuant to Penal Code Section 836.5, the city manager may arrest a person without a warrant when he has reasonable cause to believe that the person has committed an infraction in his presence which is a violation of this chapter. Violations of this chapter will be prosecuted in the same manner as other infraction violations of the municipal code; however, nothing in these regulations shall prevent the city manager or his duly authorized representatives from efforts to obtain voluntary compliance by way of warning, notice or educational means. [Ord. 91-21; Code 1990 § 4.2.15.]

8.15.170 False statement.

No person shall knowingly make a false statement or submit a false document to the city manager as to any matter within his jurisdiction. [Ord. 91-21; Code 1990 § 4.2.16.]

8.15.180 Reproductions of permits.

No person shall make, reproduce, alter, or cause to be made, reproduced, or altered a permit, certificate, or other document issued by the city manager or required by this chapter if the purpose of such reproduction or alteration is to evade or violate the provisions of this chapter. [Ord. 91-21; Code 1990 § 4.2.17.]

8.15.190 Display of permits.

Any permit, certificate, or other notice required in this chapter shall be displayed or maintained on the premises designated thereon. [Ord. 91-21; Code 1990 § 4.2.18.]

8.15.200 Variances.

A. The planning director shall evaluate all applications for variances from the requirements of this chapter and may grant said variances with respect to time for compliance, subject to such terms, conditions, and requirements as he may deem reasonable to achieving compliance with the provisions of this chapter. Each such variance shall set forth in detail the approved method of achieving compliance and a time schedule for its accomplishment.

B. If in the judgment of the planning director the time for compliance cannot be reasonably determined, a variance to cause the noise may be issued for a specified period of time, subject to revocation or modification after review by the planning director at interim times to be designated by the planning director in the variance.

C. In determining the reasonableness of the terms of any proposed variance, said planning director shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area of impingement by the noise, operations carried on under existing nonconforming rights or conditional use permits or zone variances, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of the equipment and general public interest and welfare. [Ord. 91-21; Code 1990 § 4.2.19.]

8.15.210 Applications for permits and variances.

Every applicant for a permit or variance required by this chapter shall file with the planning director a written application on a form prescribed by the planning director. The applications shall state the name and address of the applicant, the nature of the noise source involved, and such other information as the planning director may require. [Ord. 91-21; Code 1990 § 4.2.20.]

8.15.220 Application fees.

A. Every applicant, except any state or local governmental agency or public district, shall pay a fee of $25.00 for each application for variance.

B. A request for a duplicate permit or variance shall be made in writing to the planning director within 10 days after the destruction, loss, or defacement of a permit or variance. A fee of $5.00 shall be charged, except to any state or local government agency or public district, for issuing a duplicate permit or variance. [Ord. 91-21; Code 1990 § 4.2.21.]

8.15.230 Extension fees.

If a permit or variance is to be extended beyond the original use termination on date of permit or variance, the extension fee shall be $25.00. [Ord. 91-21; Code 1990 § 4.2.22.]

8.15.240 Actions on applications.

A. The planning director shall act, within 30 days, if possible, on an application for a permit or variance and shall notify the applicant in writing by mail or in person of the action taken, namely approval, conditional approval, or denial. Notice of the action taken shall be deemed to have been given when the written notification has been deposited in the mail, postage paid, addressed to the address shown on the application, or when personally delivered to the applicant or his representative. Before acting on an application for a variance or permit, the planning director may require the applicant to furnish further information or further plans or specifications. Failure of the applicant to provide such further information or further plans or specifications within 10 days shall be grounds for denial of the permit or variance.

B. In the event of denial of an application for a permit or variance, the planning director shall notify the applicant in writing of the reasons therefor. Service of this notification may be made by mail, and such service may be proved by the written acknowledgement of the persons served or affidavit of the person making the service. The planning director shall not accept a further application unless the applicant has complied with the objections specified by the planning director as his reasons for denial. [Ord. 91-21; Code 1990 § 4.2.23.]

8.15.250 Applications deemed denied.

The applicant may at his option deem the permit or variance denied if the planning director fails to act on the application within 30 days after filing, or within 10 days after the applicant furnishes the further information, plans and specifications requested by the planning director, whichever is later. [Ord. 91-21; Code 1990 § 4.2.24.]

8.15.260 Filing fee.

Request for hearing shall be initiated by the filing of a petition in triplicate with the city clerk and the payment of a fee of $25.00. A copy of the petition shall also be made in person or by mail and service may be proved by written acknowledgment of the person served or by the affidavit of the person making the service. [Ord. 91-21; Code 1990 § 4.2.25.]

8.15.270 Contents of petition.

A petition to review a denial or conditional approval of a permit or variance shall include a copy of the permit or variance application, and a copy of the planning director’s action setting forth the reasons for the denial or the conditions of the approval, and the reasons for appeal. A petition to review a permit or variance revocation shall include a copy of the permit or variance, the planning director’s revocation notice, including his reasons for revocation, and the reasons for appeal. [Ord. 91-21; Code 1990 § 4.2.26.]

8.15.280 Dismissal of petition.

The petitioner may dismiss his petition at any time before submission of the case to the city council, without a hearing or meeting of the city council. The city clerk shall notify all interested persons of such dismissal. [Ord. 91-21; Code 1990 § 4.2.27.]

8.15.290 Place of hearing.

All hearings shall be held at the Norton Younglove Multipurpose Senior Center, 908 Park Avenue, Calimesa, California, unless some other place is designated by the city council. [Ord. 91-21; Code 1990 § 4.2.28.]

8.15.300 Evidence.

A. Oral evidence shall be taken only on oath or affirmation.

B. Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though the matter was not covered in the direct examination; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. If petitioner does not testify in his own behalf, he may be called and examined as if under cross-examination.

C. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions and irrelevant and unduly repetitious evidence shall be excluded. [Ord. 91-21; Code 1990 § 4.2.29.]

8.15.310 Effective date.

The decision shall become effective 15 days after delivering or mailing a copy of the decision, or the hearing board may order that the decision shall become effective sooner. [Ord. 91-21; Code 1990 § 4.2.30.]