Division IV. Offenses Against Public Peace
Chapter 9.40
NOISE1
Sections:
9.40.010 Declaration of policy.
9.40.031 Disturbance violation service fee.
9.40.040 Exterior noise level limits.
9.40.050 Time duration correction factors.
9.40.060 Interior noise level limits.
9.40.070 Noise measurement procedure.
9.40.090 Controlled hours of operation.
9.40.100 Noise sensitive areas.
9.40.120 Loud and/or unusual noises.
9.40.150 Pre-existing noise sources.
9.40.170 Continuing or subsequent violations.
9.40.010 Declaration of policy.
It is declared to be the policy of the city to use its police power to reduce noise in the community by prohibiting unnecessary, excessive, and annoying noises from all sources. At certain levels, noise can be detrimental to the health, safety, welfare, and quality of life of the citizenry. Therefore, in the public interest, it shall be restricted. In order to better implement the goals of the noise element of the city’s general plan and to more effectively prohibit unwanted and unnecessary sounds of all types within the community, this chapter has been amended. This chapter shall be referred to and cited as the “Covina noise ordinance.” (Ord. 1665 § 2, 1988.)
9.40.020 Definitions.
Terminology used in this chapter shall be in conformance with definitions in the Covina zoning ordinance and as follows:
1. “A-weighted sound level” means the sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
2. “Ambient noise level” means an existing level of all-encompassing noise, from sources both near and far, that is associated with a given environment. Such a noise level does not include intruding noises from isolated identifiable sources.
3. “Commercial area” means land utilized for business purposes other than residential or industrial uses.
4. “Construction” means any site preparation, assembly, erection, substantial repair, alteration, or similar action, for or of public or private rights-of-way, structures, utilities or similar property.
5. “Day-night average sound level (Ldn)” means the 24-hour average of the A-weighted sound pressure level, with levels during the period 10:00 p.m. to 7:00 a.m. the following day increased by five decibels.
6. “Decibel (dB)” means a unit for measuring the volume of a sound equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals.
7. “Demolition” means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.
8. “Emergency” means any threat to the public health or safety or any unforeseen combination of circumstances, or the resulting state, that calls for immediate action as declared by the city manager.
9. “Emergency work” means any work performed necessary to restore property that has been damaged by an emergency to a safe condition.
10. “Enforcement officer” means either the chief of police or the chief planning official, or their designees, who may enforce the provisions of this chapter.
11. “Fixed noise source” means a stationary device which creates sounds, including, but not limited to, agricultural, commercial, industrial, or residential machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment.
12. “Gross vehicle weight rating (GVWR)” 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 combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.
13. “Impulsive sound” means a sound of short duration (usually less than one second) with an abrupt onset and rapid delay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.
14. “Industrial area” means land utilized for industrial, manufacturing, wholesaling, and related uses as defined in the city’s M-1 (light manufacturing) ordinance.
15. “Intrusive noise” means a noise that intrudes over and above the existing ambient noise at a given location.
16. “Mobile noise source” means any noise source other than a fixed source.
17. “Motor vehicle” means a self-propelled vehicle as defined in the California Motor Vehicle Code, including all on-highway type motor vehicles subject to registration and all off-highway type motor vehicles subject to identification under the above code.
18. “Muffler or sound dissipative device” means a device used for the purpose of receiving exhaust gas from an internal combustion engine and reducing the noise that is emitted.
19. “Noise disturbance” means any sound that, as judged by the chief of police or the chief planning official, or their designees, (a) endangers or injures the safety of humans or animals, (b) annoys or disturbs a reasonable person of normal sensitivities, (c) endangers or injures personal or real property, or (d) violates the factors set forth in CMC 9.40.030 through 9.40.060.
20. “Noise sensitive area” means a use such as, but not limited to, a hospital, nursing home, church, school or other outdoor recreational area, or library that contains activities more sensitive to noise than most activities. Existing noise sensitive areas shall be considered as such until otherwise designated.
21. “Person” means any individual, association, partnership, corporation, or public or private entity, including any officer, employee, department, or agency of such entity.
22. “Powered model vehicle” means any self-propelled airborne, waterborne, or landborne plane, vessel, or vehicle that is not designated to carry persons, including, but not limited to, any model airplane, boat, car, or rocket.
23. “Residential area” means land that is utilized or zoned for residential purposes.
24. “Residential estate or agricultural” means land that is zoned “A” (agricultural and residential) or “E” (estate residential).
25. “Residential low density” means land that is zoned “R-1” (single-family residential).
26. “Residential medium and high density” means property that is zoned “RD” (multiple-family residential).
27. “Sound amplifying equipment” means any device used for the amplification of the human voice, music, or any other sound. Excluded are standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is held or installed. Also excluded are warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.
28. “Sound level meter” means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for Type S2A meters in American National Standards Institute specifications for sound level meters, 51.4-1971, or the most recent revision thereof.
29. “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.
30. “Vibration perception threshold” means the minimum ground or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. The threshold shall be presumed to be a motion velocity of 0.01 inches/second over the range of one to 100 HZ.
31. “Weekday” means any day, Monday through Friday, which is not a legal holiday. (Ord. 1665 § 2, 1988.)
9.40.030 Loud party.
It is unlawful for any person or persons to make, continue or cause to be made or continued any unnecessary, loud or unusual noise which is a threat to the public peace, health, safety or general welfare of others due to a party, gathering or unruly assemblage at a premises. (Ord. 1686 § 1, 1989; Ord. 1665 § 2, 1988.)
9.40.031 Disturbance violation service fee.
A. When any loud or unruly assemblage occurs and in the event that the senior police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, then that senior officer shall personally notify the owner of the premises or the person in charge of the premises or the person responsible for the assemblage that that person, or if that person is a minor, that the parents and guardians of that person will be held personally liable for the costs of providing police personnel on special security assignment over and above the normal services provided by the police department to those premises. A first warning shall be deemed to be the normal services provided. The personnel utilized after the first warning to control the threat to the public peace, health, safety or general welfare shall be deemed to be on special security assignment over and above the normal services provided. The accounting and billing procedures as set forth in subsection (B) of this section shall apply.
B. 1. The costs of the special security assignment described in subsection (A) of this section shall include personnel and equipment costs expended during the second and any subsequent returns to the premises, including costs for the total number of officers involved and total minutes expended after the officers arrive on the scene. In addition, such costs may include damages to city property and/or injuries to city personnel. The fee assessed against said person or persons for such costs shall be in an amount that may be set from time to time by a resolution of the city council.
2. All fees and charges levied for city services described in subsection (A) of this section shall be due and payable upon presentation.
3. All fees and charges for such services shall constitute a valid and subsisting debt in favor of the city and against the owner of the premises, the person in charge of the premises and the person responsible for the assemblage or if any of the foregoing persons are a minor, the parents and guardians of that such person. If an amount remains unpaid after reasonable and practical attempts have been made by the city to obtain payment, a civil action may be filed with the court for the amount due and payable, together with any penalties, any related charges and fees accrued due to nonpayment, and all fees and charges required to file and pursue such civil action.
4. Fees and charges shall be levied for recovering city costs for notification and collection of delinquent accounts and shall be established by resolution of the city council. Such fees and charges are a part of the fees and charges established for the services rendered and shall be collected as such.
C. If any paragraph, sentence, phrase, portion or part of this section is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section. The city council declares that it intends and desires that the remaining parts of the section continue to be effective without any parts that have been declared invalid.
D. The city reserves its legal options to elect any other legal remedies when said costs exceed $500.00. (Ord. 09-1975 § 1, 2009; Ord. 1686 § 2, 1989.)
9.40.040 Exterior noise level limits.
The allowable noise level or sound level referred to in CMC 9.40.030 shall be the higher of the following:
A. Actual measured ambient level; or
B. The sound level limit as determined from the following table:
|
Receiving Land Use Category |
Time |
Sound Level (A-Weighted) Decibels |
|---|---|---|
|
Residential estate or agricultural |
7:00 a.m. to 10:00 p.m. 10:00 p.m. to 7:00 a.m. |
50 40 |
|
Residential low density |
7:00 a.m. to 10:00 p.m. 10:00 p.m. to 7:00 a.m. |
55 45 |
|
Residential medium and high density |
7:00 a.m. to 10:00 p.m. 10:00 p.m. to 7:00 a.m. |
60 50 |
|
Commercial |
7:00 a.m. to 10:00 p.m. 10:00 p.m. to 7:00 a.m. |
65 55 |
|
Industrial |
7:00 a.m. to 10:00 p.m. 10:00 p.m. to 7:00 a.m. |
70 60 |
1. Noises generated shall not exceed the noise standard for that land use for any period in any hour except as provided within this chapter;
2. If the measurement location is on a boundary between a commercial or industrial land use category and a residential category, the noise level limit of the lower category plus five decibels shall apply;
3. In the event the alleged offensive noise, as judged by the enforcement officer, contains a steadily, audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in the above table shall be reduced by five decibels. (Ord. 1665 § 2, 1988.)
9.40.050 Time duration correction factors.
The time duration allowances set forth below shall apply to those noise level limits listed in the table in CMC 9.40.040 during all hours of any day. Any noise created in a manner described in CMC 9.40.030 shall not exceed:
A. The noise standard plus five dB(A) for a cumulative period of more than 15 minutes in any hour; or
B. The noise standard plus 10 dB(A) for a cumulative period of more than five minutes in any hour; or
C. The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or
D. The noise standard plus 20 dB(A) for any period. (Ord. 1665 § 2, 1988.)
9.40.060 Interior noise level limits.
A. The interior noise standards for residential dwellings as presented in the following table shall apply, unless otherwise specifically indicated, within all dwellings with windows in their closed configuration unless the unit does not have adequate heating, air conditioning and mechanical ventilation:
|
Allowable Interior Land Use |
Time Interval |
Noise Level dB(A) |
|---|---|---|
|
Residential (All densities) |
10:00 p.m. to 7:00 a.m. 7:00 a.m. to 10:00 p.m. |
35 45 |
B. No person shall operate or cause to be operated within a dwelling unit any source of sound or allow the creation of any noise that causes the noise level, when measured inside a neighboring dwelling unit, for any cumulative period in any hour, to exceed the above standard.
C. No person shall operate or cause to be operated within a dwelling unit any source of sound or allow the creation of any noise which causes the noise level, when measured inside a neighboring receiving dwelling unit, to exceed:
1. The noise standard plus five dB for a cumulative period of more than one minute in any hour; or
2. The noise standard plus 10 dB or the maximum measured ambient, for any period of time.
D. In the event the alleged offensive noise, as judged by the noise control officer, contains a steady, audible tone such as a whine, screech, a hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in the above table shall be reduced by five dB.
E. No person shall construct, or cause to be constructed, in any area of the city a commercial or industrial development in an area adjacent to residential properties that will increase noise levels above the standards listed in this section and CMC 9.40.040, unless the person provides mitigation measures to reduce the increased noise levels. Prior to the issuance of building permits for such a project, a registered engineer shall certify that the construction plans provide for noise reduction features. In addition, prior to occupancy a random selection of adjacent residential units shall be tested to provide evidence that all required noise levels are achieved.
F. All newly constructed residential dwellings located in areas that are exposed to ambient noise levels in excess of 60 dB(A) LDN shall be designed and built so that all habitable rooms comply with subsection (A) of this section. (Ord. 1665 § 2, 1988.)
9.40.070 Noise measurement procedure.
Whether a complaint from a citizen or a request to inspect a noise source has been made, the enforcement officers, or their designees, may investigate the matter. The investigation shall consist of the recording of measurement(s) and the gathering of data in order to adequately define the noise problem. The investigation must include the following:
A. Type of noise source;
B. Location of noise source relative to complainant’s property;
C. Time period during which noise source is considered by complainant to be intrusive;
D. Total duration of noise produced by noise source; and
E. Date and time of noise measurement survey. (Ord. 1665 § 2, 1988.)
9.40.080 General guidelines.
Notwithstanding the provisions of CMC 9.40.030 through 9.40.060, it is unlawful for any person to make, continue, or cause to be made or continued, within the limits of the city, any loud, unnecessary or unusual noise that causes discomfort or annoyance to any reasonable person of normal sensitivity in the area.
The characteristics and conditions to be considered in determining a violation of the provisions of this section include, but are not limited to, the following:
A. The sound level of the objectionable or intrusive noise;
B. The sound level of the ambient noise;
C. Whether the nature of the objectionable noise is usual or unusual;
D. The proximity of the noise to residential sleeping facilities;
E. The nature and zoning of the area within which the noise is heard or from which it emanates;
F. The number of persons in the area within which the noise is heard or from which it emanates;
G. The time of day or night the objectionable noise occurs;
H. The duration of the noise and its tonal, informational, or music content;
I. Whether the noise is continuous, recurrent, or intermittent;
J. Whether the noise is produced by a commercial or noncommercial activity.
The above factors shall be considered in addition to the noise levels set forth in CMC 9.40.040 and 9.40.060 in determining a violation. However, noises do not necessarily need to exceed those noise level limits to be considered unnecessary or unusual so as to cause discomfort or annoyance to reasonable persons of normal sensitivity in the area. (Ord. 1665 § 2, 1988.)
9.40.090 Controlled hours of operation.
It is unlawful for any person to operate, permit, use, or cause to operate, any of the following, other than between the hours of 7:00 a.m. and 8:00 p.m. of any one day:
A. Powered model vehicles;
B. Loading and unloading vehicles such as garbage trucks, forklifts or cranes in a residential area or within 500 feet of a residence;
C. Domestic power tools;
D. Lawn equipment, including, but not limited to, lawn mowers, edgers, cultivators, chain saws, and leaf blowers in any residential area or within 500 feet of any residence;
E. Equipment associated with the repair and maintenance of real property. (Ord. 1665 § 2, 1988.)
9.40.100 Noise sensitive areas.
It is unlawful for any person to create, maintain, or cause to be created or maintained any noise or sound near any school, outdoor recreational area, library, hospital, nursing home, or church while any of the above is in use, which exceeds the noise standards as specified in CMC 9.40.040 prescribed for the residential low density land use category; or which noise level unreasonably interferes with the working of such installations or which disturbs or unduly annoys patients in the hospital or nursing home; provided, conspicuous signs are displayed on such street, sidewalk, or public place indicating the presence of a school, hospital, nursing home, or church. (Ord. 1665 § 2, 1988.)
9.40.110 Construction.
A. It is unlawful for any person within any residential land use category or within a radius of 500 feet therefrom to operate equipment or perform any outside construction or repair work on any building, structure, or project; or to operate any pile driver, steam shovel, pneumatic hammer, electric saw, grinder, steam or electric hoist, or other construction-type equipment or device between the hours of 8:00 p.m. of any one day and 7:00 a.m. of the next day, at any time on any Sunday or at any time on any public holiday in such a manner that a reasonable person of normal sensitivity residing in the area is caused discomfort or annoyance, unless beforehand a permit therefor has been duly obtained in accordance with the provisions of subsection (B) of this section. No permit shall be required to perform emergency work.
“Public holiday” as used in this subsection shall mean the day upon which each of the following holidays is recognized and celebrated as a holiday by the employees of the city: Independence Day, Labor Day, Veterans Day, Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day, Washington’s Birthday, Memorial Day, or any other holiday recognized as such by the city.
B. A permit may be issued authorizing the work prohibited by this section whenever it is found that the public interest will be served thereby. An application for such a permit shall be in writing and shall be accompanied by an application fee in an amount that may be set from time to time by a resolution of the city council. The application shall set forth in detail facts showing that the public interest will be served by the issuance of such permit, and the application shall be made to the planning division of the community development department. The chief planning official shall be responsible for the administration and enforcement of the provisions of this section and shall have the authority to issue such permits. He/she shall coordinate the processing of each application for a permit with such departments and divisions as he/she deems will be affected by the issuance of the permit. (Ord. 09-1975 § 1, 2009; Ord. 1665 § 2, 1988.)
9.40.120 Loud and/or unusual noises.
The following acts, among other things, are declared to be loud, disturbing and unnecessary noises in violation of CMC 9.40.080, but said enumeration shall not be deemed to be exclusive:
A. Mufflers – Sound Dissipative Devices. No person shall operate or cause to be operated any motor vehicle in violation of the exhaust noise levels as established by the State of California Vehicle Code Division 12, Chapter 5, Article 2, or any successor thereto.
B. Horns and Signaling Devices. No person shall operate or cause to be operated any motor vehicle horn, siren, or amplification device in violation of the State of California Vehicle Code Division 12, Chapter 5, Article 1 or any successor thereto.
C. Motorized Recreational Vehicles Operating off Public Right-of-Way. No person shall operate or cause to be operated any motorized recreational vehicle off a public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of this chapter.
D. Standing Motor Vehicles. No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight (GVWR) in excess of 10,000 pounds, or of any auxiliary equipment attached to such a vehicle, for a period longer than 15 minutes in any hour between the hours of 7:00 p.m. of one day and 7:00 a.m. of the next day while the vehicle is stationary and within 150 feet of a residential area or designated noise sensitive area, except when movement of said vehicle is restricted by other traffic. This provision shall not apply to vehicles owned and operated by utility companies regulated by the California Public Utilities Commission. It shall also not apply to garbage trucks and street sweepers.
E. Vehicle or Motorboat Repairs and Testing. It is unlawful for any person to repair, rebuild, modify, or test any motor vehicle, motorcycle or motorboat in such a manner as to cause a noise level that exceeds the standards listed in CMC 9.40.030 through 9.40.060.
F. Hawkers and Peddlers. It is unlawful for any person to sell anything by outcry within any area of the city utilized for residential or commercial purposes. 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 similar licensed public entertainment events or auctions.
G. Use of Sound Devices on Vehicles for the Purpose of Advertising Goods or Attracting or Calling Attention to Such Vehicle. No person at any time shall operate, drive, or park, or cause to be operated, driven, or parked, upon any street, sidewalk, or public property within the city any advertising vehicle or commercial vehicle with its sound amplifying equipment in operation for the purpose of advertising goods, wares, or merchandise sold at or from such vehicle, or for the purpose of attracting or calling attention to such vehicle for the purpose of selling goods, wares, or merchandise. Also, no person shall make, or cause, permit, or allow to be made, any noise of any kind by means of any whistle, rattle, bell, gong, clapper, hammer, drum, horn, megaphone, or similar mechanical device, for the purpose of advertising or selling any goods, wares, or merchandise, or of attracting the attention or inviting the patronage of any person, from any vehicle which is driven, operated, or parked upon any street, sidewalk, or public property within the city.
H. Animals and Fowl. No person shall keep or maintain, or permit the keeping of, upon any premises, owned, occupied, or controlled by such person any animal or fowl otherwise permitted to be kept, which by any sound, cry or behavior shall cause discomfort or annoyance to any reasonable person of normal sensitivity in the area.
I. Mechanical and Electrical Equipment. All such equipment, including air conditioners, pumps, transformers, antennas, and heating and ventilating systems, shall be located and operated in a manner that does not disturb adjacent uses and activities. The noise level generated from any mechanical or electrical equipment shall not exceed the standards listed in CMC 9.40.030 through 9.40.060. This provision shall not apply to mechanical and electrical equipment owned and operated by utility companies regulated by the California Public Utilities Commission.
J. Vibration. It is unlawful to operate or permit the operation of any device that creates a vibration that is above the vibration perception threshold of an average individual at or beyond the property boundary of the source if on private property or at 150 feet from the source if on a public space or public right-of-way. (Ord. 97-1810 § 3 1997; Ord. 1665 § 2, 1988.)
9.40.130 Truck routes.
In order to prevent unnecessary noise and vibration on residential local and collector streets, Chapter 10.44 CMC, which establishes truck routes throughout the city, shall be followed. (Ord. 1665 § 2, 1988.)
9.40.140 Exceptions.
The following noise sources are specifically excluded from the standards and provisions documented in CMC 9.40.030 through 9.40.080 and 9.40.100:
A. 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;
B. Domestic power tools;
C. Lawn equipment including, but not limited to, lawn mowers, edgers, cultivators, chainsaws, and leaf blowers in any residential area;
D. Cars, trucks, and buses on residential streets, providing such vehicles do not violate California exhaust noise levels;
E. Noise sources associated with the maintenance of real property;
F. City- or school-approved activities conducted on public parks, public playgrounds, and public or private school grounds, including athletic and school entertainment events; however, the city shall reasonably address noise impacts at city-sponsored events;
G. Occasional outdoor gatherings, dances, shows, fairs, and fundraising promotional sales, and seasonal sales activities; provided, said events are conducted pursuant to the approval of an administrative conditional use permit by the city;
H. Any activity to the extent regulation thereof has been preempted by state or federal law;
I. Noise associated with the operation of garbage trucks and street sweepers;
J. Any noise generated from an activity, device, or vehicle that pertains to the functioning of a utility company regulated by the California Public Utilities Commission. However, in the event complaints about a utility company operation, activity or equipment arise, the company in question shall attempt to resolve the problem as expeditiously as possible;
K. Any activity conducted by personnel from the city of Covina, the county of Los Angeles, a regional agency, or a special district, whether the activity is conducted on public or private property. (Ord. 11-1995 § 8, 2011; Ord. 1665 § 2, 1988.)
9.40.150 Pre-existing noise sources.
Those residential, commercial and/or industrial noise sources in existence prior to the date of adoption of this chapter or annexation by the city, which exceed the levels specified in this chapter, shall have a five-year period from the date of adoption with which to comply with the chapter. If at the end of the five-year period it can be shown that compliance with the provisions of this chapter constitutes a hardship in terms of technical and economic feasibility, the time to comply may be extended by the city council following a hearing on the matter on an annual basis until such time as compliance may be effected. However, this amortization process shall not apply to intrusive noise sources that have been identified as such by city officials prior to the date of adoption of this chapter or date of annexation. (Ord. 1665 § 2, 1988.)
9.40.160 Violations.
Any person violating any provision of this chapter shall be deemed guilty of an infraction. (Ord. 1665 § 2, 1988.)
9.40.170 Continuing or subsequent violations.
Any person having been convicted of a violation of any provision of this chapter who thereafter commits a violation of the same provision of this chapter shall be guilty of a misdemeanor. (Ord. 1665 § 2, 1988.)
9.40.180 Severability.
If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the chapter shall not be invalidated. (Ord. 1665 § 2, 1988.)
For statutory provisions regarding disturbing the peace and noise, see Penal Code § 415.