Chapter 9.32
NOISE
Sections:
9.32.030 Purpose of the provision.
9.32.050 Prohibition against excessive noise.
9.32.070 Construction and temporary activities.
9.32.080 Standards for maximum sound levels and determining violations.
9.32.090 Temporary exception permit.
9.32.100 Enforcement procedure.
9.32.010 Applicability.
The noise standards established by this chapter shall be applied to control excessive noise in the community and shall be the standards used as the noise level standards to be applied in the City of Healdsburg. (Ord. 1011 § 1, 2003.)
9.32.020 Goals.
A. In accordance with the adopted goals and policies of the Healdsburg general plan section VIII, health and safety goal H, which states that the purpose and goal of this section is “to protect Healdsburg residents and other sensitive noise receptors from the harmful effects of exposure to excessive noise and to ensure noise exposure compatibility between neighboring land uses,” this chapter is adopted in the furtherance of that general plan goal;
B. This chapter is also adopted in the furtherance of the following goals:
1. To retain and enhance the quiet residential atmosphere within the City.
2. To ensure that the residents, sensitive noise receptors and visitors will not be exposed to noise levels which diminish the ability to enjoy an amenable environment and render areas unsuitable for residential use.
3. To ensure noise exposure compatibility between neighboring land uses.
4. To encourage all county, state and national agencies to provide mitigation measures to reduce highway and freeway noise. (Ord. 1011 § 2, 2003.)
9.32.030 Purpose of the provision.
A. In order to address excessive noise or vibration in the City of Healdsburg, it is declared to be the policy of the City of Healdsburg to limit noise generated from sources as specified in this section. It shall be the policy of the City to maintain quiet in those areas which have low noise levels and to implement programs aimed at reducing noise in those areas within the City where noise levels are above acceptable values.
B. It is determined that the creation or maintenance of certain excessive noise levels or vibrations are detrimental to the public health, welfare, and safety, and are contrary to the public interest. Therefore, the City Council does ordain and declare that creating, maintaining, or causing directly or indirectly any noise in a manner prohibited by or not complying with the provisions of this chapter is a public nuisance and shall be punishable as specified hereafter.
C. It is determined that the creation or maintenance of excessive noise or vibration which is prolonged or unreasonable in its time, place and use, and reaches or exceeds certain noise levels is deemed to be a serious detriment to the public health, safety, welfare, and quality of life to the residents, visitors, and businesses of the City.
D. It is the intent of the City to control and, in some instances, prohibit noise and vibrations which may impact the health, safety, or welfare of the residents of Healdsburg; and therefore, the City does ordain and declare that creating, maintaining, or causing directly or indirectly any noise or vibration in a manner prohibited by or not complying with the provisions of this chapter is a public nuisance and shall be punishable as specified hereafter or under the general laws of the state of California. (Ord. 1011 § 3, 2003.)
9.32.040 Definitions.
Unless otherwise clearly indicated, the terms used in this chapter are defined as follows:
“A-weighted sound level” means total sound level in decibels of all sound as measured with a sound level meter using the slow meter response with the meter set at the A-weighted network. The reference pressure shall be 20 micropascals.
“Ambient noise” means the noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this chapter, ambient noise level is the lowest tendency of the sound level meter needle or digital reading which is repeated during a 60-minute period of observation. The ambient level is approximately equal to L90, which is the level exceeded 90 percent of the time.
“Commercial purpose” in relation to sound amplifying equipment means the use, operation, or maintenance of any sound amplifying equipment for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage of customers to or for any performance, show, entertainment, exhibition, or event, or for the purpose of demonstrating such sound equipment.
“Construction” means any site preparation, assembly, installation, development, substantial repair, alteration, demolition or similar activity, for or on public or private rights-of-way, structures, improvements, utilities, or other property.
“Decibel” means one-tenth of a bel. Thus a decibel is 10 times the logarithm to the base 10 of a ratio of two quantities that are proportional to power.
“Emergency work” means any work necessary to rescue or protect people, or work to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, or work by private or public utilities when restoring utility service.
“Impulsive noise” is a noise characterized by brief excursions of sound pressures whose peak levels are very much greater than the ambient noise level (such as might be produced by the impact of a pile driver) typically with one second or less duration.
“Intruding noise level” means the total sound level created, caused, maintained, or originating from an alleged offensive source in decibels at a specified location while the alleged offensive source is in operation.
“Legal holiday” means the following days: the first day of January, the third Monday in February, the last Monday in May, the fourth day of July, the first Monday in September, the eleventh day in November, Thanksgiving Day, the twenty-fifth day of December, or any other holiday designated by the state of California.
“Mobile noise source” means any noise source other than a fixed noise source.
“Motor vehicle” means, but is not limited to, automobiles, trucks, motorcycles, mini-bikes and go-carts.
“Noncommercial purpose” in relation to sound amplifying equipment means the use, operation, or maintenance of any sound equipment for other than a commercial purpose including, but not limited to, philanthropic, political, patriotic, and charitable purposes.
“Owner/occupant builder” means the person residing at the property upon which improvements are being made, or his/her immediate household members.
“Permitted” means the issuance of a formal license or a permit by the appropriate jurisdictional authority, or, where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record.
“Person” means any individual, firm, association, copartnership, joint venture, corporation, or entity, public or private in nature.
“Property plane” means a vertical plane including the property line that determines the property boundaries in space.
Pure tone. A noise possesses “tones” or “tonal content” when the auditory sensation of pitch is distinguishable in the noise.
“Recreation area” means a public park or other public land maintained for active recreation or any private land legally maintained for active recreation.
“Sound amplifying equipment” means any machine or device for the amplification of the human voice, music, or any other sound, excluding standard automobile radios, CD players or tape machines when used and heard only by the occupants of the vehicle in which the radio is installed.
Sound Pressure Level. The “sound pressure level” in decibels of a sound is 20 times the logarithm to the base 10 of the ratio of the pressure of this sound to the reference pressure. The reference pressure shall be 20 micropascals. (Ord. 1011 § 4, 2003.)
“Stationary noise source” means a stationary device that creates sounds while fixed or motionless, including, but not limited to, residential, agricultural and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment.
9.32.050 Prohibition against excessive noise.
Notwithstanding any other provision of this chapter and in addition thereto, it is unlawful for any person to willfully make, create, maintain or continue, or cause to be made or continued directly or indirectly any loud, excessive, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area or is in any manner prohibited by or does not comply with the provisions of this chapter, and shall be punishable as specified hereafter. (Ord. 1011 § 5, 2003.)
9.32.060 Exemptions.
The following activities shall be exempted from the provision of this chapter:
A. Occasional outdoor gatherings, public dances, shows, sporting and entertainment events, provided such events are conducted pursuant to a permit or license issued by the City relative to the staging of such events.
B. Any mechanical device, apparatus or equipment used, related to, or connected with any emergency, public land or utility maintenance, or agricultural machinery, vehicle, or seasonal work, such as activities related to grape crush.
C. A warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within 15 minutes of its being activated. This exemption shall not apply to ongoing land use activities where backup alarm noise is emitted from mobile equipment.
D. Noise emanating from manned aircraft.
E. Noise emanating from railroad vehicles.
F. Noise emanating from delivery vehicles regulated by the PUC and associated loading and unloading of merchandise from these vehicles. (Ord. 1011 § 6, 2003.)
9.32.070 Construction and temporary activities.
A. Noise sources associated with or vibration created by construction, repair, remodeling, or grading of any real property or during authorized seismic surveys are permitted, provided such activities do not take place between the nighttime hours of 6:00 p.m. and 7:30 a.m. daily, or at any time on Sunday or a legal holiday, and provided the noise level created by such activities and any vibration created does not endanger the public health, welfare, and safety.
B. Residential gardening activities conducted by the owner/occupants and outside contractors is permitted between the hours of 7:30 a.m. and 9:00 p.m., to include power mowers, pressure washers, and other power apparatus.
C. Nothing in this section shall be construed to prohibit construction activities that do not exceed the ambient noise level by more than 10 dBA, such as painting or interior work. (Ord. 1011 § 7, 2003.)
9.32.080 Standards for maximum sound levels and determining violations.
A. Sound Level Standards. It is the objective of the City to require intruding noise levels not to exceed those listed below to determine if a violation exists:
|
Receptor Land Use |
Daytime Exterior Sound Level dBA L10 |
Nighttime Exterior Sound Level dBA L10 |
|
Residential-zoned properties not located adjacent to industrial-zoned properties and office-zoned properties: |
60 |
55 |
|
Residential-zoned properties located adjacent to industrial-zoned properties: |
65 |
55 |
|
Commercial-zoned properties: |
65 |
60 |
|
Industrial-zoned properties: |
75 |
70 |
B. Daytime shall be considered 7:00 a.m. to 8:00 p.m., and nighttime shall be considered to be 8:00 p.m. to 7:00 a.m.
C. Where a land use activity is carried out over two of the above receptor land uses, the least restrictive sound level standard shall apply.
D. Properties that are zoned residential master plan (RMP) or planned development (PD) shall be subject to the sound level standards under this section based upon the corresponding general plan land use designation of residential, office, commercial, or industrial.
E. Mobile equipment used for ongoing land use activities shall be equipped with radar-activated backup alarms to the extent allowed under applicable state and federal regulations.
F. The following criteria, at a minimum, shall be applied in addition to the quantitative sound level measurements and standards during an enforcement procedure as set forth in HMC 9.32.100, to assist in a determination of the nature and severity of a potential violation:
1. The intensity of the noise;
2. Whether the origin of the noise is natural or unnatural;
3. The level and intensity of the background noise;
4. The proximity of the noise source to receptors;
5. The time of the day or night the noise occurs;
6. The duration of the noise;
7. Whether the noise is recurrent, intermittent, or constant;
8. Whether the noise is produced by a commercial or noncommercial activity; and
9. Whether the noise is produced by equipment normally required for maintenance of residential properties or for authorized construction projects. (Ord. 1011 § 8, 2003.)
9.32.090 Temporary exception permit.
A. If the applicant can demonstrate to the planning director that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this section would be impractical or unreasonable, a permit to allow exceptions from the provisions contained in all or a portion of this chapter may be issued, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be as short a duration as possible up to 90 days and shall be conditioned by a schedule for compliance and details of methods therefor in appropriate cases. A filing fee may be charged for this permit as determined by the City Council by resolution. Any person aggrieved with the decision of the planning director may appeal to the planning commission. Any decision of the planning commission may be appealed to the City Council.
B. Applicants for construction and temporary activities addressed in HMC 9.32.070 may apply for an exception to the time restrictions to the planning director if it can be demonstrated that extraordinary circumstances exist where application of the regulations would pose an economic hardship beyond ordinary inconvenience or an exception would provide a community benefit to the provision of affordable housing. A filing fee may be charged for this permit as determined by the City Council by resolution. Any person aggrieved with the decision of the planning director may appeal to the planning commission. Any decision of the planning commission may be appealed to the City Council. (Ord. 1011 § 9, 2003.)
9.32.100 Enforcement procedure.
A. Investigation. Upon receipt of a complaint from a citizen, the enforcing officer or his designee shall investigate the complaint to determine the location and type of sound. If it is determined that a potential violation exists, the enforcing officer or his designee, equipped with a sound level meter, shall conduct field surveys at such times as the noise officer expects to best hear the offending sound. In conjunction with his investigation, the officer shall consider the nature of the complaint, the history of the noise source, and the presence or absence of other complaints.
The investigation shall consist of both a measurement and the gathering of data to adequately define the noise problem. Data gathered shall include the following:
1. Nonacoustic data;
2. Type of noise source;
3. Location of noise source relative to complainant’s property;
4. Time period during which noise source is considered by complainant to be intrusive;
5. Duration of noise produced by noise source;
6. Date and time of noise measurement survey.
B. Noise Measurement Procedure. Utilizing the weighting scale of the sound level meter and the “slow” meter response, the sound level shall be measured at a position or positions along the complainant’s property line closest to the noise source or at the location along the boundary line or on the complainant’s property where the noise level is at the maximum level. Generally, the microphone shall be located five feet above the ground unless another elevation is deemed appropriate. Calibration of the instrument being used shall be performed immediately prior to and immediately after recording any noise data utilizing an acoustic calibrator. The sound levels at the property line, with the alleged noise source in operation, shall be measured and documented. A measurement period of one hour shall be used with the sound level meter set to the slow response.
If possible, the ambient noise shall be measured at the same location along the property line utilized in the preceding paragraph, with the alleged offending noise source inoperative. The sound levels measured for this condition shall also be documented. A penalty of five decibels shall be added if the noise is a pure tone noise or if it is an impulsive noise. If for any reason the alleged offending noise source cannot be shut down, then the ambient noise must be estimated by performing a measurement in the same general area of the source but at a sufficient distance such that the noise from the source is inaudible. If the operating and not operating noise measurements’ difference is six decibels or greater, then the noise measurement of the alleged source can be considered valid with a small correction applied to account for the contribution of the ambient noise. The correction is to be applied in accordance with data shown in Table A-1.
|
TABLE A-1 Ambient Noise Correction for Sound Level Measurements |
|||
|
Difference between total noise and ambient noise alone (Decibels) |
Amount to be subtracted from total noise measurement (Decibels) |
||
|
6 – 8 |
1 |
||
|
8 – 10 |
0.5 |
||
|
10 |
0 |
||
If the difference between total noise and ambient noise is less than six decibels, a detailed analysis shall be made to further isolate and define the offending noise, including measuring when the offending noise is not present; and, possibly, measuring at different times of day or days of the week.
C. The planning director shall submit in September of each year an annual report on the implementation and enforcement of this chapter for planning commission and City Council review and consideration. (Ord. 1017 § 2, 2004; Ord. 1011 § 10, 2003.)
9.32.110 Criminal violation.
A. Misdemeanor.
1. Violation. Whenever in this code any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, such violation of this code or failure to comply with its requirements shall constitute a misdemeanor, unless expressly provided otherwise.
2. Punishment. Any person convicted of a misdemeanor under the provisions of this code, unless otherwise provided in this chapter, shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months or by both fine and imprisonment.
B. Infraction.
1. Reduction of Misdemeanor to Infraction by City Attorney. Any violation constituting a misdemeanor under this code may in the discretion of the City attorney be charged or reduced and prosecuted as an infraction.
2. Punishment. Any person convicted of an infraction under the provisions of this code, unless otherwise provided in this chapter, shall be punishable by a fine as follows: upon first conviction by a fine not exceeding $100.00, and for a second conviction within one year of the first conviction by a fine not exceeding $250.00, and any subsequent conviction within one year from the first conviction by a fine not exceeding $500.00. (Ord. 1011 § 11, 2003.)
9.32.120 Civil enforcement.
In addition to or in lieu of the criminal remedies provided in HMC 9.32.110, the City attorney may enforce the provisions of this chapter as provided in Chapter 1.12 HMC relating to enforcement of code violations. (Ord. 1011 § 12, 2003.)