Chapter 5-24
NOISE CONTROL
Sections:
5-24.010 Declaration of policy.
5-24.030 Noise level measurement criteria.
5-24.040 Designated noise zone.
5-24.050 Exterior noise standards.
5-24.060 Interior noise standards.
5-24.080 Schools, hospitals and churches—Special provisions.
5-24.090 Motor vehicle racing.
5-24.100 Air conditioning and refrigeration—Special provisions.
5-24.110 Noise level measurement.
5-24.120 Manner of enforcement.
5-24.130 Violations—Misdemeanors.
5-24.010 Declaration of policy.
In order to control unnecessary, excessive and annoying sounds emanating from the city, it is declared to be the policy of the city to prohibit such sounds generated from all sources as specified in this chapter.
It is determined that certain sound levels are detrimental to the public health, welfare and safety, and contrary to public interest. (OCC § 4-6-1)
5-24.020 Definitions.
The following words, phrases and terms as used in this chapter shall have the meaning as indicated below:
“Ambient noise level” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
“Cumulative period” means an additive period of time composed of individual time segments which may be continuous or interrupted.
“Decibel (dB)” means a unit which denotes the ratio between two quantities which are proportional to power: the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio.
“Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
“Emergency machinery, vehicle or work” means any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service.
“Fixed noise source” means a stationary device which creates sounds while fixed or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.
“Grading” means any excavating or filling of earth material, or any combination thereof, conducted at a site to prepare said site for construction or other improvements thereon.
“Impact noise” means the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest.
“Mobile noise source” means any noise source other than a fixed noise source.
“Noise level” means the “A” weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty (20) micronewtons per square meter. The unit of measurement shall be designated as dB(A).
“Person” means a person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature.
“Residential property” means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.
“Simple tone noise” means a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished.
“Sound level meter” means an instrument meeting American National Standard Institute’s Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
“Sound pressure level” of a sound, in decibels, means twenty (20) times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated. (OCC § 4-6-2)
5-24.030 Noise level measurement criteria.
Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in Section 5-24.020 of this chapter. (OCC § 4-6-3)
5-24.040 Designated noise zone.
The entire territory of the city is designated as “Noise Zone 1." (OCC § 4-6-4)
5-24.050 Exterior noise standards.
A. The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone:
|
Noise Zone |
Noise Level |
Time Period |
|
1 |
55 dB(A) |
7:00 a.m.—10:00 p.m. |
|
|
50 dB(A) |
10:00 p.m.—7:00 a.m. |
In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels is reduced by five dB(A).
B. The following noise standards, unless otherwise specifically indicated, apply to all land use entities that affect nonresidential property. If a land use affects both residential and nonresidential property then the residential standards are applied.
|
Noise Zone |
Noise Level |
Time Period |
|
1 |
65 dB(A) |
At any time |
In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels is reduced by five dB(A).
C. It is unlawful for any person at any location within the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other property, either incorporated or unincorporated, to exceed:
1. The noise standard for a cumulative period of more than thirty (30) minutes in any hour; or
2. The noise standard plus five dB(A) for a cumulative period of more than fifteen (15) minutes in any hour; or
3. The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour; or
4. The noise standard plus fifteen (15) dB(A) for a cumulative period of more than one minute in any hour; or
5. The noise standard plus twenty (20) dB(A) for any period of time.
D. In the event the ambient noise level exceeds any of the first four noise limit categories above, the cumulative period applicable to said category is increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category is increased to reflect the maximum ambient noise level.
(Ord. 2003-11 § 2: OCC § 4-6-5)
5-24.060 Interior noise standards.
A. The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone:
|
Noise Zone |
Noise Level |
Time Period |
|
1 |
55 dB(A) |
7:00 a.m.—10:00 p.m. |
|
|
45 dB(A) |
10:00 p.m.—7:00 a.m. |
In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five dB(A).
B. It is unlawful for any person at any location within the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured within any other dwelling unit on any residential property, either incorporated or unincorporated, to exceed:
1. The interior noise standard for a cumulative period of more than five minutes in any hour; or
2. The interior noise standard plus five db(A) for a cumulative period of more than one minute in any hour; or
3. The interior noise standard plus ten db(A) for any period of time.
C. In the event the ambient noise level exceeds either of the first two noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the third noise limit category the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level.
(OCC § 4-6-6)
5-24.070 Special provisions.
The following activities shall be exempted from the provisions of this chapter:
A. Activities conducted on the grounds of any public or private nursery, elementary, intermediate or secondary school or college.
B. Outdoor gatherings, public dances and shows, provided said events are conducted pursuant to a license issued by the city pursuant to Title 4 of this code.
C. Activities conducted on any park or playground, provided such park or playground is owned and operated by a public entity.
D. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work.
E. Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of eight p.m. and seven a.m. on weekdays, eight p.m. and eight a.m. on Saturday, or at any time on Sunday or a federal holiday.
F. All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions.
G. Mobile noise sources associated with agricultural operations, provided such operations do not take place between the hours of eight p.m. and seven a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday.
H. Mobile noise sources associated with agricultural pest control through pesticide application, provided that the application is made in accordance with restricted material permits issued by or regulations enforced by the Agricultural Commissioner.
I. Noise sources associated with the maintenance of real property, provided said activities take place between seven a.m. and eight p.m. on any day except Sunday or a federal holiday, or between the hours of nine a.m. and eight p.m. on Sunday or a federal holiday.
J. Any activity to the extent regulation thereof has been preempted by state or federal law.
K. A temporary public construction activity deemed necessary for the safety and convenience of the traveling public by the City Manager or his or her authorized representative, which exemption shall be placed in writing, and subject to such conditions deemed necessary to protect the public welfare, health, and safety and to minimize noise disturbances.
(Ord. 2004-8 § 2; Ord. 2003-3 Exh. A § 1; OCC § 4-6-7)
5-24.080 Schools, hospitals and churches—Special provisions.
It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the same is in use to exceed the noise limits as specified in Section 5-24.050 of this chapter prescribed for the assigned noise zone in which the school, hospital or church is located, or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital, provided conspicuous signs are displayed in three separate locations within one-tenth of a mile of the institution indicating the presence of a school, church or hospital. (OCC § 4-6-8)
5-24.090 Motor vehicle racing.
It is unlawful to conduct motor vehicle racing, testing, timing or similar noise-producing activities at raceways, speedways, off-road vehicle courses, drag strips or other similar places, including, but not limited to, the operation of midget race cars, drag cars, motorcycles, off-road vehicles, and specialty automobiles, between the hours of eleven-thirty p.m. and eight a.m. (OCC § 4-6-8.1)
5-24.100 Air conditioning and refrigeration—Special provisions.
During the five-year period following the effective date of this chapter, the noise standards enumerated in Sections 5-24.050 and 5-24.060 shall be increased eight db(A) where the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of this chapter. (OCC § 4-6-9)
5-24.110 Noise level measurement.
The location selected for measuring exterior noise levels shall be at any point on the affected property. Interior noise measurements shall be made within the affected dwelling unit. The measurement shall be made at a point at least four feet from the wall, ceiling, or floor nearest the alleged offensive noise source and may be made with the windows of the affected unit open. (OCC § 4-6-10)
5-24.120 Manner of enforcement.
The City Manager, the Chief of Police Services, and their duly authorized representatives are directed to enforce the provisions of this chapter. The Chief of Police Services and his or her duly authorized representatives are authorized, pursuant to Penal Code Section 836.5, to arrest any person without a warrant when they have reasonable cause to believe that such person has committed a misdemeanor in their presence.
No person shall interfere with, oppose, or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his or her duly. (Ord. 2003-11 § 3: OCC § 4-6-11)
5-24.130 Violations—Misdemeanors.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. The provisions of this chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law. (OCC § 4-6-15)