Chapter 4.11 Noise Control
4.11.10 Purpose of this Chapter
The purpose of this Section is to establish noise control regulations in the City of La Habra Heights.
4.11.20 Exterior Noise Standards
No noise levels shall exceed the noise levels specified in Article 7 of this Municipal Code.
4.11.30 Stationary Non-Emergency Signaling Devices
The following requirements are applicable to stationary non-emergency signaling devices.
A. The sounding or permitting the sounding of any amplified signal from any stationary bell, chime, siren, whistle, or similar device intended primarily for non-emergency purposes, from any place, for more than five (5) consecutive seconds in any hourly period is prohibited.
B. Sound sources covered by this provision and not exempted under Section 4.11.230 may be exempted by a variance issued by the Community Development Director.
4.11.40 Refuse Collection Vehicles
The following regulations govern noise generated during refuse collection activities.
A. Operating or permitting the operation of the compacting mechanism of any motor vehicle which compacts refuse and which creates, during the compacting cycle, a sound level in excess of eighty-six (86) dBA when measured at fifty (50) feet from any point of the vehicle is prohibited.
B. Operating or permitting the operation of the compacting mechanism of any motor vehicle which compacts refuse between the hours of 7:00 p.m. and 7:00 a.m. in a residential area or within five-hundred (500) feet thereof is prohibited.
C. Collecting refuse with collection vehicle between the hours of 7:00 p.m. and 7:00 a.m. in a residential area or within five-hundred (500) feet thereof, is prohibited.
D. In the case of conflict between this Chapter and any other ordinance regulating refuse collection, provisions of any specific ordinance regulating refuse collection shall control.
4.11.50 Residential Air Conditioning Equipment
Operating or permitting the operation of any air conditioning or refrigeration equipment in such a manner as to exceed any of the following sound levels is prohibited.
A. 60 dBA at any point on property line if the unit was installed prior to January 1, 1980 and 55 dBA at any property line if the unit was installed after that date.
B. 55 dBA at the center of a neighboring patio if unit was installed prior to January 1, 1980 and 50 dBA at the center of a neighboring patio if the unit was installed after that date.
C. 55 dBA outside of the neighboring living area window located nearest the equipment if the unit was installed prior to January 1, 1980 and 50 dBA if the unit was installed after that date.
D. The unit may not be placed in any yard setback area.
4.11.60 Street Sales
Offering for sale, selling anything, or advertising by shouting or outcry within any residential zone is prohibited. Vehicles that employ external speakers or other audible sound devices to advertise their presence are prohibited within any residential zone in the City.
4.11.70 Vehicle or Motorboat Repairs and Testing
Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in such a manner as to cause a noise disturbance across a real-property boundary or within 500 feet of a residential zone is prohibited.
4.11.80 Vibration
Operating or permitting the operation of any device that creates vibration that is above the vibration perception threshold of any individual at or beyond the property boundary of the source if on private property, or at one hundred and fifty (150) feet from the source if on a public space or public right-of-way, is prohibited. For the purposes of this Chapter, the perception threshold shall be a motion velocity of 0.01 in/sec over the range of 1 to 100 Hertz.
4.11.90 Residential Noise
No person shall make or permit the generation of noise that interferes with the reasonable peace and comfort of the residents or any guests located on adjacent properties.
4.11.100 Unnecessary Noise
No person shall make or permit any unnecessary noises, sounds or vibrations that are physically annoying to reasonable persons of ordinary sensitivity.
4.11.110 Harmful Noise
No person shall make or permit the generation of noise that is so harsh, prolonged, or unusual that it creates unnecessary or unreasonable discomfort to any persons.
4.11.120 Construction Noise
The operation of construction equipment or conducting construction-related activities (including demolition, grading, site preparation, etc.) is prohibited weekdays and Saturdays between the hours of 7:00 p.m. and 7:00 a.m., or at any time on Sundays or holidays unless such is specifically exempted from this restriction in writing by the City Manager in response to exigent circumstances.
4.11.130 Resource Production
Normal servicing, remedial or maintenance work performed within an existing well site is restricted to the hours between 7:00 a.m. and 7:00 p.m. on weekdays. The installation and construction of new wells and facilities must conform to the requirements of Article 7.
4.11.140 Audio Equipment
The use of any audio equipment at a sound volume sufficiently loud to disturb the peace and quiet of persons with ordinary and normal sensitivity is prohibited.
4.11.150 Band or Orchestral Rehearsals
Musical concerts, practices or rehearsals between the hours of 10:00 p.m. and 7:00 a.m. are prohibited outdoors in all areas of the City and indoors if such activities are audible in areas exterior to the building in which such activities occur.
4.11.160 Engines, Motors and Mechanical Devices
The sustained operation or use of any mechanical device, including but not limited to air conditioning units and pool pumps, is prohibited between the hours of 10:00 p.m. and 7:00 a.m. unless the device complies with sound level limitations provided in this Article.
4.11.170 Motor Vehicles
The operation of a motor vehicles and motorcycles in such a manner so as to cause unnecessary noise, whether stationary or moving, is prohibited.
4.11.180 Loading and Unloading
The loading, unloading, opening, closing, or handling of goods, containers, building materials, or other objects in such a manner as to cause a noise disturbance is prohibited between the hours of 7:00 p.m. and 7:00 a.m.
4.11.190 Amplified Signaling Devices
The use of any amplified signaling device including, but not limited to bells, chimes, sirens, or whistles is prohibited for other than emergency use.
4.11.200 Mechanical Equipment/Accessory Noise
The operation of any internal combustion engine or other equipment without a proper muffler or other factory installed noise attenuation equipment is prohibited.
4.11.210 Noisy Hawking and Advertising Prohibited
The generation of any loud or raucous noise by using any loudspeaker, blowing any bugle, horn or trumpet, or by beating any drum, or ringing any bell, or in any other manner, for the purpose of advertising or selling goods or services upon any highway or sidewalk, or in any doorway or entrance to any building opening onto any such highway or sidewalk, is prohibited.
4.11.220 Loud, Unnecessary and Unusual Noise
Notwithstanding any other provisions of this Chapter, it shall be unlawful for any person to willfully make any loud, unnecessary and unusual noise that disturbs or causes discomfort or annoyance to any reasonable person of normal sensitivity. The standard that may be considered in determining whether a violation of the provisions of this Section exists may include, but not be limited to, the following:
A. The level of noise.
B. Whether the nature of the noise is usual or unusual.
C. Whether the origin of the noise is natural or unnatural.
D. The level and intensity of any background noise.
E. The proximity of the noise to residential sleeping facilities.
F. The nature and zoning of the area within which the noise emanates.
G. The density of the inhabitation of the area within which the noise emanates.
H. The time of the day or night the noise occurs.
I. The duration of the noise.
J. Whether the noise is recurrent, intermittent, or constant.
K. Whether the noise is produced by a non-residential activity (resource production, recreation, etc.).
4.11.230 Exempt Noise
The following activities are exempt from the provisions of this Chapter.
A. The emission of sound for the purpose of alerting persons to the existence of an emergency or sound emissions related to the performance of emergency work.
B. The collection of residential refuse between the weekday hours of 7:00 a.m. and 7:00 p.m. and the collection of commercial refuse on weekdays between the hours of 7:00 a.m. and 6:00 p.m.
C. Emergency work performed within an existing well site.
D. Special outdoor public events conducted pursuant to a written approval issued by the City Manager or which constitute a regular or usual function sponsored by the City.
4.11.240 Violations/Penalties
Any person or entity that violates any provision of this Chapter of the City of La Habra Heights Municipal Code is guilty of a misdemeanor that shall be punishable pursuant to the procedures set forth in Article 8.