Chapter 9.54
NOISE REGULATIONS
Sections:
9.54.030 Decibel measurement criteria.
9.54.040 Exterior noise limits.
9.54.060 Excessive noise or sounds prohibited.
9.54.070 Enforcement—Penalty for violation—Supplemental remedies.
9.54.080 Appeal—Defenses and mitigation.
9.54.010 Purposes.
The purpose of this chapter shall be the regulation of noise within the city limits for the direct protection and benefit of the inhabitants and property in the city. (Ord. 2022-06 § 2, 2022; Ord. 94-14 § 2 (part), 1994)
9.54.020 Definitions.
Unless the particular provision of the context requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained herein shall also govern the construction, meaning, and application of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derived from it, or from which it is a derivative, as the case may be.
A. “Ambient noise” means the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. In this context, the ambient noise level constitutes the typical or existing level of environmental noise at a given location.
B. “Decibel (dB)” means unit for describing the amplitude of sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals (twenty micronewtons per square meter).
C. “Emergency work” means work necessary to restore property to a safe condition following a public calamity, work required to repair structures or otherwise protect persons or property from an imminent exposure to danger or damage, or work by private or public utilities when restoring or repairing utility service.
D. “Leq” or “equivalent sound level” means the sound level containing the same total energy as a time varying signal over a given sample period. For the purpose of this chapter, Leq is assumed to be computed over a one-hour sample period.
E. “Lmax” means the maximum noise level recorded during a noise event. For the purpose of this chapter, the Lmax represents the loudest noise level measured over a one-hour sample period.
F. “Mobile noise source” means any noise source other than a fixed noise source, typically relating to transportation sources, including roadway traffic and railroad operations.
G. “Noise-sensitive land use” means residential uses, churches, hospitals, schools, office spaces, public library, or other specific land uses which are determined to be sensitive land uses identified in the general plan noise element or directly by the city.
H. “Plainly audible” means any sound that can be clearly heard by a person with normal hearing using ordinary auditory senses without artificial enhancement.
I. “Prima facie” means legally sufficient to establish a fact or a case unless disproved.
J. “Property” (line) means something to which a person has legal title and or use, and defines the legal boundaries of property.
K. “Social host” means a person who owns, leases, or is lawfully in charge of the property where a violation of this chapter occurs. The following persons may be considered social hosts:
1. Person(s) hosting an event where a violation of this chapter occurs;
2. Person(s) receiving money or other consideration for granting access to an event where a violation of this chapter occurs;
3. Parent(s) or legal guardian(s) of a juvenile hosting an excessively loud gathering or a juvenile receiving money or other consideration for granting access to an excessively loud gathering and therefore considered the responsible party where an excessively loud gathering occurs.
L. “Sound amplifying equipment” means any machine or device for the amplification of the human voice, music, or any other sound. Sound amplifying equipment shall not include standard automobile radios or tape players when heard only by the occupants of the vehicle in which the automobile radio is installed. Sound amplifying equipment as used in this chapter shall not include warning devices in authorized emergency vehicles, or horns or other warning devices in any vehicle, which are used only for traffic safety purposes.
M. “Sound level” means the sound pressure level in decibels as measured on a sound level meter using the A-weighting filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear and gives good correlation with subjective reactions to noise.
N. “Sound level meter” an instrument meeting American National Standard Institute (ANSI) Standard 51.4-1971 for Type 1 or Type 2 sound level meters, for the purpose of measuring noise levels. (Ord. 2022-06 § 2, 2022; Ord. 94-14 § 2 (part), 1994)
9.54.030 Decibel measurement criteria.
Decibel measurement made pursuant to the provision of this chapter shall be based on a reference sound pressure of 0.0002 microbars as measured with a sound level meter using the “A” weighted network. (Ord. 2022-06 § 2, 2022; Ord. 94-14 § 2 (part), 1994)
9.54.040 Exterior noise limits.
A. The development of new (or expanded) noise-sensitive land uses may not be permitted if existing stationary noise levels at the proposed development location exceed the noise standards provided below in Table I. Such projects may not be permitted without the implementation of appropriate noise attenuation measures required to reduce noise levels to at or below the standards provided in Table I. Appropriate noise attenuation measures required for project compliance may be set forth by an acoustic study prepared by a qualified acoustical consultant.
B. The development of new (or expanded) noise-generating stationary sources may not be permitted if associated noise levels would result in noise levels exceeding those provided in Table I, at existing noise-sensitive land uses. Such projects may not be permitted without the implementation of appropriate noise attenuation measures required to reduce noise levels to at or below the standards provided in Table I. Appropriate noise attenuation measures required for project compliance may be set forth by an acoustic study prepared by a qualified acoustical consultant.
C. When existing ambient noise levels equal or exceed those described in Table I, noise attenuation measures may be required as to not exceed existing ambient noise levels, as may be determined by appropriate noise level measurements conducted by a qualified acoustical consultant and described in an acoustic study. If the existing ambient noise levels (as determined by a qualified acoustical consultant) exceed those provided in Table I, the existing ambient noise levels will then be considered to be the maximum allowable noise levels.
D. The noise standards provided in Table I shall be reduced by five dB for noise sources consisting primarily of speech or music.
E. The noise standards provided in Table I shall be applied at the outdoor activity area of any noise-sensitive land use. Outdoor activity areas generally refer to backyards of single-family residences, outdoor common use areas of multifamily residences (pool areas, barbecue/picnic areas, play areas, etc.) and individual decks, patios and balconies of multifamily residences, or any outdoor area intended to accommodate outdoor activities.
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STATIONARY (NONTRANSPORTATION) NOISE LEVEL STANDARDS (dB) CITY OF DINUBA |
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|---|---|---|---|
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Daytime (7:00 a.m. to 10:00 p.m.) |
Nighttime (10:00 p.m. to 7:00 a.m.) |
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Leq |
Lmax |
Leq |
Lmax |
|
50 |
70 |
45 |
65 |
(Ord. 2022-06 § 2, 2022)
9.54.050 Exemptions.
The following activities shall be exempted from the provisions of this chapter:
A. The operation of warning or amplification devices by emergency, fire or law enforcement vehicles or personnel.
B. Lawful use of vehicle horns or backup warning devices.
C. Private or public warning or alarm equipment or systems.
D. The conduct of previously permitted and otherwise lawful public activity such as parades, speeches, lectures, ceremonies, entertainment, sports, music or recreation events.
E. The usual and customary operation of bells, gongs, buzzers or similar mechanical, electrical or electronic sound amplification devices to mark time or call to attendance for an otherwise lawful use or purpose.
F. Municipal Solid Waste Collection. Collection of solid waste, vegetative waste and recyclable materials by the city of Dinuba (or under contract to the city of Dinuba) shall be exempt from the provisions of this chapter.
G. Public Works Construction Projects. Street, utility and similar construction projects undertaken by or under contract to the city of Dinuba, county of Tulare or state of California or a public utility regulated by the California Public Utilities Commission, or any activity or operation requisite of public utilities and services.
H. Federal and State Preempted Activities. Any other activity shall be exempt from the provisions of this chapter to the extent regulation thereof has been preempted by state or federal laws.
I. Unless specifically exempted by the building official, construction, repair or remodeling work accomplished pursuant to a building, electrical, plumbing, mechanical, or other construction permit issued by the city or other governmental agency, or to site preparation and grading, provided such work takes place between the hours of 7:00 a.m. and 7:00 p.m. on any day except Sunday and holidays. (Ord. 2022-06 § 2, 2022; Ord. 94-14 § 2 (part), 1994. Formerly 9.54.070)
9.54.060 Excessive noise or sounds prohibited.
A. It is unlawful for any person to make, continue, allow or cause to be made or emanate any excessively, unnecessarily, unnaturally or unreasonably disturbing noise or sound; or allow or cause to be made any excessively, unnecessarily, unnaturally or unreasonably disturbing noise or sound from any radio, phonograph, disc player, tape deck, stereo, television or other mechanical, electrical or electronic sound amplification device or instrument which annoys, disturbs, injures or endangers the comfort, repose, quiet, health, peace or safety of other persons within the city; such act or acts hereby being declared a public nuisance. Violation of this section shall be determined based on whether the sound or noise is plainly audible by an enforcement officer at a distance of fifty feet or more from the source of the noise.
B. The following rules shall also apply:
1. Sound Amplification Devices (Motor Vehicle Code Section 27007). No driver of a vehicle shall operate, or permit the operation of, any sound amplification system which can be heard outside the vehicle for more than fifty feet when the vehicle is being operated upon a highway, unless that system is being operated to request assistance or warn of a hazardous situation.
2. Sound Amplifying Equipment or Live Music. No person shall install, use or operate sound amplifying equipment, or perform, or allow to be performed, live music unless such activities comply with the following requirements. To the extent that these requirements conflict with any conditions of approval attached to an underlying land use permit, these requirements shall control. Sound amplifying equipment or live music is prohibited between the hours of ten p.m. and seven a.m.
3. Power Tools and Equipment. No person shall operate any power tools or equipment between the hours of ten p.m. and seven a.m. such that the power tools or equipment are audible to the human ear inside an inhabited dwelling other than a dwelling in which the power tools or equipment may be located. No person shall operate any power tools or equipment at any other time such that the power tools annoy, disturb, injure or endanger the comfort, repose, quiet, health, peace or safety of other persons within the city; such act or acts hereby being declared a public nuisance.
4. Yelling and Shouting. Yelling, shouting, hooting, whistling, singing, laughing, crying, calling or blowing of horns on the public streets, particularly between the hours of ten p.m. and seven a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel, motel, apartment or other type of residence, or of any persons in the vicinity. (Ord. 2022-06 § 2, 2022; Ord. 2002-03 § 1, 2002; Ord. 94-14 § 2 (part), 1994. Formerly 9.54.040)
9.54.070 Enforcement—Penalty for violation—Supplemental remedies.
A. The city of Dinuba police department and code enforcement division shall have the primary responsibility for enforcing this chapter. Violations shall be prosecuted as described in subsections (B) and (C) of this section, and within the discretion of the city of Dinuba and its enforcing officers, but nothing in this chapter shall prevent the city from engaging in efforts to obtain voluntary compliance by means of warnings, notices, or educational programs.
B. Any person who violates any provision of this ordinance once or twice within a one-hundred-eighty-day period shall be guilty of an infraction. Any person who violates any provision of this chapter more than twice within a one-hundred-eighty-day period shall be guilty of a misdemeanor. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Penalties shall not exceed the following amounts:
1. For the first violation within a one-hundred-eighty-day period the minimum mandatory fine shall be one hundred dollars.
2. For the second violation within a one-hundred-eighty-day period the minimum mandatory fine shall be two hundred dollars.
3. For any further violations within a one-hundred-eighty-day period the minimum mandatory fine shall be five hundred dollars or imprisonment in the county jail for a period not exceeding six months, or both.
C. Emergency Response Charges. Alternatively, or in addition to the penalties set forth in subsection (B) of this section, the city of Dinuba may apply the following penalties:
1. Whenever the enforcing officers of the city of Dinuba respond to a second call for an alleged violation of this chapter, police and/or code enforcement personnel utilized during the second or subsequent call shall be deemed to be providing special services above those normally provided to the general public. The cost of providing such special services shall be charged to the person or person responsible for a violation of this chapter.
2. Calculation of Charges. The charge for providing special services during a second or subsequent call for a violation of this chapter shall be calculated by the police and/or code enforcement department utilizing actual costs, including benefits and overhead, for each City of Dinuba public safety personnel involved, including fire department personnel when utilized, and shall be adjusted from time to time to reflect changes in such hourly rates. Additional visits to the same property shall be separately charged.
3. a. The person or persons in charge of the premises and the person or persons in charge of the gathering, or if any such person is a minor, then the parent or guardians of such minor, shall be jointly and severally liable for the cost of providing the special services as provided in this section.
b. Within ten days of the second or subsequent call for an alleged violation of this chapter, a city of Dinuba official or employee shall calculate the charges payable under this section and shall cause a bill to be prepared and delivered to the persons responsible for such charges.
c. In the event that such a bill is not paid in full within thirty days of its issuance, the city of Dinuba may refer the bill for appropriate collection activity.
4. a. No charges may be levied pursuant to this section unless the person apparently responsible for a violation of this chapter has been informed of his or her potential liability under this section by an enforcing officer of the city of Dinuba at the premises during the first visit. If, after a good faith effort, no such responsible party can be found, the warning may be given to the most readily apparent responsible party.
b. The police and/or code enforcement department may develop and utilize a written warning document to provide information concerning this section and shall deliver a copy of such warning document to the person described herein during the first visit to the disorderly social event or gathering.
D. No provision of this chapter shall be deemed to bar any legal, equitable, or summary remedy to which the city or any person may otherwise be entitled to under applicable state and/or federal laws, regulations and statutes. This chapter is not the exclusive regulation of noise within the city limits. It shall supplement and be an addition to the other regulatory statutes and ordinances, hereafter enacted by the state, the city or any other legal entity or agency having jurisdiction. (Ord. 2022-06 § 2, 2022; Ord. 98-12 § 2, 1998; Ord. 94-14 § 2 (part), 1994. Formerly 9.54.080)
9.54.080 Appeal—Defenses and mitigation.
A. A responsible party or social host found to be liable for an administrative penalty pursuant to this chapter shall have the right to an administrative appeal and hearing pursuant to the procedures set forth in Sections 1.18.040 and 1.18.160 through 1.18.180.
B. It is a defense to an action brought pursuant to this chapter that the responsible party or social host, at the time the alleged action(s) or behavior(s) occurred resulting in a violation of this chapter, could not, in the exercise of reasonable care or diligence, determine that a public disturbance occurred at the property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the determination that a public disturbance had occurred at the property.
The assertion that the responsible party or social host was not present at the property at the time the alleged public disturbance occurred upon the property shall not, alone, be a defense to the action.
C. For any appeal made pursuant to this section, the hearing officer may consider any of the following factors, as appropriate, in its decision, and shall cite those found applicable in any decisions:
1. The effort taken by the responsible party or social host to mitigate or correct the alleged action or behavior which occurred at or near (as defined in this chapter) and in relation to the property;
2. The degree to which the alleged action or behavior at the property was repeated or continuous;
3. The magnitude or gravity of the alleged action or behavior;
4. The cooperativeness of the responsible party or social host with the city in causing the abatement of the alleged action or behavior;
5. The cost to the city of investigating and abating action or behavior or attempting to correct the condition; or
6. Any other factor deemed by the hearing officer to be relevant. (Ord. 2022-06 § 2, 2022)