Chapter 17.176 NOISE CONTROL

Chapter 17.176
NOISE CONTROL

Sections:

17.176.010 Purpose.

17.176.020 Definitions.

17.176.030 Authority and duties of the Noise Control Office(r) (NCO).

17.176.040 General noise regulations.

17.176.050 Noise measurement procedure.

17.176.060 Exterior noise limits.

17.176.070 Interior noise standards.

17.176.080 Prohibited acts.

17.176.090 Motor vehicles operating on public right-of-way.

17.176.100 Special provisions – Exemptions.

17.176.110 Special variances.

17.176.010 Purpose.

In order to control unnecessary, excessive and annoying noise and vibration in the City, it is hereby declared to be the policy of the City to prohibit such noise and vibration generated from or by all sources as specified in this chapter. It shall be the policy of the City to maintain quiet in those areas which exhibit low noise levels and to implement programs aimed at reducing noise in those areas within the City where noise levels are above acceptable values.

It is determined that certain noise levels and vibrations are detrimental to the public health, welfare and safety, and are contrary to public interest. Therefore, the City Council does ordain and declare that creating, maintaining, causing or allowing to be created, caused or maintained, any noise or vibration in a manner prohibited by or not in conformity with the provisions of this chapter, is a public nuisance and shall be punishable as such. [Ord. 772 § 17.78.010, 1986. Code 1987 § 17.78.010].

17.176.020 Definitions.

All terminology used in this chapter, not defined below, shall be in conformance with applicable publications of the. American National Standards Institute (ANSI) or its successor body.

The following words, phrases and terms as used in this chapter shall have the meaning as indicated below:

“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.

“Agricultural property” means a parcel of real property of not less than 10 contiguous acres in size, which is undeveloped for any use other than agricultural purposes.

“Ambient noise level” means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal of existing level of environmental noise at a given location.

“Commercial area” means property which is zoned for commercial purposes, including, but not limited to, retail and wholesale businesses, personal services, and professional offices.

“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.

“Cumulative period” means an additive period of time composed of individual time segments which may be continuous or interrupted.

“Decibel” means a unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the ratio of the sound measured to the reference pressure, which is 20 micropascals.

“Demolition” means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.

“Emergency work” means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

“Fixed noise source” means a stationary device which creates sounds while fixed or motionless, including, but not limited to, residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration.

“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, which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.

“Impulsive sound” means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.

“Industrial area” means property which is zoned for manufacturing and related uses.

“Intrusive noise” means that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content as well as the prevailing ambient noise level.

“Licensed” means the possession of a formal license or a permit issued 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.

“Mobile noise source” means any noise source other than a fixed source.

“Motor vehicle” shall include any and all self-propelled vehicles as defined in the California Motor Vehicle Code, including all on-highway type motor vehicles subject to registration under said code, and all off-highway type motor vehicles subject to identification under said code.

“Motorboat” means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States government or any Federal agency successor thereto (Section 651(d), Harbors and Navigation Code).

“Muffler or sound dissipative device” means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise.

“Noise Control Officer (NCO)” means a person or persons designated by the Community Development Director as responsible for enforcement of this chapter.

“Noise disturbance” means any sound which, as judged by the Noise Control Officer, (1) endangers or injures the safety or health of human beings or animals, or (2) annoys or disturbs reasonable persons of normal sensitivities, or (3) endangers or injures personal or real property, or (4) violates the factors set forth in LEMC 17.176.040. Compliance with the quantitative standards as listed herein shall constitute elimination of a noise disturbance.

“Noise sensitive zone” means any area designated pursuant to LEMC 17.176.070 for the purpose of ensuring exceptional quiet.

“Noise zone” means any defined areas or regions of a generally consistent land use wherein the ambient noise levels are within a range of five dB.

“Person” means any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of a State or any political subdivision of a State.

“Powered model vehicle” means any self-propelled, airborne, waterborne, or land-borne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any model airplane, boat, car, or rocket.

“Public right-of-way” means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.

“Public space” means any real property or structures thereon which are owned or controlled by a governmental entity.

“Pure tone” means any sound which can be judged as audible as a single pitch or a set of single pitches by the Noise Control Officer. For the purposes of this chapter, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetric average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of 500 Hz and above and by eight dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz.

“Real property boundary” means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.

“Residential area” means property which is zoned for residential uses.

“Sound amplifying equipment” means any device for the amplification of the human voice, music, or any other sound, excluding standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed, and, as used in this chapter, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

“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, S1.4-1971, or the most recent revision thereof.

“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.

“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 perception threshold shall be presumed to be a motion velocity of 0.01 inches per second over the range of one to 100 Hz.

“Weekday” means any day, Monday through Friday, which is not a legal holiday. [Ord. 772 § 17.78.020, 1986. Code 1987 § 17.78.020].

17.176.030 Authority and duties of the Noise Control Office(r) (NCO).

A. Lead Agency. The noise control program established by this chapter shall be administered by the Community Development Director.

B. Powers. In order to implement and enforce this chapter and for the general purpose of noise abatement and control, the NCO shall have, in addition to any other authority vested in it, the power to:

1. Conduct, or cause to be conducted, studies, research, and monitoring related to noise, including joint cooperative investigation with public or private agencies, and the application for, and acceptance of, grants.

2. On all public and private projects which are likely to cause noise in violation of this chapter and which are subject to mandatory review or approval by other departments.

a. Review for compliance with the intent and provisions of this chapter.

b. Require sound analyses which identify existing and projected noise sources and associated noise levels.

c. Require usage of adequate measures to avoid violation of any provision of this chapter.

3. Upon presentation of proper credentials, enter and/or inspect any private property, place, report, or records at any time when granted permission by the owner or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this chapter may exist. Such inspection may include administration of any necessary tests.

4. Prepare recommendations, to be approved by the City Council, for the designation of noise sensitive zones which contain noise sensitive activities.

5. Prepare recommendations, based upon noise survey data and analytical studies, to be approved by the City Council, for the designation of zones of similar ambient environmental noise within regions of generally consistent land use. These zones shall be identified in terms of their day and nighttime ambient noise levels and their land use classifications as given in LEMC 17.176.060, Table 1. [Ord. 772 § 17.78.030, 1986. Code 1987 § 17.78.030].

17.176.040 General noise regulations.

Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

The factors which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:

A. The sound level of the objectionable noise.

B. The sound level of the ambient noise.

C. The proximity of the noise to residential sleeping facilities.

D. The nature and zoning of the area within which the noise emanates.

E. The number of persons affected by the noise source.

F. The time of day or night the noise occurs.

G. The duration of the noise and its tonal, informational or musical content.

H. Whether the noise is continuous, recurrent, or intermittent.

I. Whether the noise is produced by a commercial or noncommercial activity. [Ord. 772 § 17.78.040, 1986. Code 1987 § 17.78.040].

17.176.050 Noise measurement procedure.

A. Upon receipt of a complaint from a citizen, the Noise Control Office(r) or his agent, equipped with sound level measurement equipment satisfying the requirements specified in LEMC 17.176.020, shall investigate the complaint. The investigation shall consist of a measurement and the gathering of data to adequately define the noise problem and shall include the following:

1. Nonacoustic Data.

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.

e. Date and time of noise measurement survey.

B. Noise Measurement Procedure. Utilizing the A-weighting scale of the sound level meter and the “slow” meter response (use “fast” response for impulsive type sounds), the noise level shall be measured at a position or positions at any point on the receiver’s property.

In general, the microphone shall be located four to five feet above the ground; 10 feet or more from the nearest reflective surface where possible. However, in those cases where another elevation is deemed appropriate, the latter shall be utilized. If the noise complaint is related to interior noise levels, interior noise measurements shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling, or floor nearest the noise source, with windows in the normal seasonal configuration. Calibration of the measurement equipment, utilizing an acoustic calibration, shall be performed immediately prior to recording any noise data. [Ord. 772 § 17.78.050, 1986. Code 1987 § 17.78.050].

17.176.060 Exterior noise limits.

A. Maximum Permissible Sound Levels by Receiving Land Use.

1. The noise standards for the various categories of land use identified by the Noise Control Office(r) as presented in Table 1 shall, unless otherwise specifically indicated, apply to all such property within a designated zone.

2. No person shall operate, or cause to be operated, any source of sound at any location within the incorporated City or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, either incorporated or unincorporated, to exceed:

a. The noise standard for that land use as specified in Table 1 for a cumulative period of more than 30 minutes in any hour; or

b. The noise standard plus five dB for a cumulative period of more than 15 minutes in any hour; or

c. The noise standard plus 10 dB for a cumulative period of more than five minutes in any hour; or

d. The noise standard plus 15 dB for a cumulative period of more than one minute in any hour; or

e. The noise standard plus 20 dB or the maximum measured ambient level, for any period of time.

3. If the measured ambient level differs from that permissible within any of the fast four noise limit categories above, the allowable noise exposure standard shall be adjusted in five dB increments in each category as appropriate to encompass or reflect said ambient noise level.

In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level

4. If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus six dB shall apply.

5. If possible, the ambient noise shall be measured at the same location along the property line utilized in subsection (A)(2) of this section with the alleged offending noise source inoperative. If, for any reason, the alleged offending noise source cannot be shut down, 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 at least 10 dB below the ambient in order that only the ambient level be measured. If the difference between the ambient and the noise source is five to 10 dB, then the level of the ambient itself can be reasonably determined by subtracting a one-decibel correction to account for the contribution of the source.

B. Correction for Character of Sound. In the event the alleged offensive noise, as judged by the Noise Control Officer, contains a steady, 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 Table 1 shall be reduced by five dB.

TABLE 1
EXTERIOR NOISE LIMITS
(Levels Not to Be Exceeded More Than 30 Minutes in Any Hour)
Receiving Land Use Category	Time Period	Noise Level (dBA)
Single-Family Residential	10:00 p.m. – 7:00 a.m. 7:00 a.m. – 10:00 p.m.	40 50
Multiple Dwelling Residential	10:00 p.m. – 7:00 a.m. 7:00 a.m. – 10:00 p.m.	45 50
Public Space
Limited Commercial and Office	10:00 p.m. – 7:00 a.m. 7:00 a.m. – 10:00 p.m.	55 60
General Commercial	10:00 p.m. – 7:00 a.m. 7:00 a.m. – 10:00 p.m.	60 65
Light Industrial	Anytime	70
Heavy Industrial	Anytime	75

[Ord. 772 § 17.78.060, 1986. Code 1987 § 17.78.060].

17.176.070 Interior noise standards.

A. Maximum Permissible Dwelling Interior Sound Levels.

1. The interior noise standards for multifamily residential dwellings as presented in Table 2 shall apply, unless otherwise specifically indicated, within all such dwellings with windows in their normal seasonal configuration.

TABLE 2
Noise Zone	Type of Land Use	Time Internal	Allowable Interior Noise Level (dBA)
All	Multifamily Residential	10:00 p.m. – 7:00 a.m. 7:00 a.m. – 10:00 p.m.	35 45

2. 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:

a. The noise standard as specified in Table 2 for a cumulative period of more than five minutes in any hour; or

b. The noise standard plus five dB for a cumulative period of more than one minute in any hour; or

c. The noise standard plus 10 dB or the maximum measured ambient, for any period of time.

3. If the measured ambient level differs from that permissible within any of the noise limit categories above, the allowable noise exposure standard shall be adjusted in five dB increments in each category as appropriate to reflect said ambient noise level.

17.176.080 Prohibited acts.

No person shall unnecessarily make, continue, or cause to be made or continued, any noise disturbance. The following acts, and the causing or permitting thereof, are declared to be in violation of this chapter:

A. Operating, playing or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound:

1. Between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of LEMC 17.176.060(A), except for which a variance has been issued by the City.

2. In such a manner as to exceed the levels set forth for public space in Table 1, measured at a distance of at least 50 feet (15 meters) from such device operating on a public right-of-way or public space.

B. Using or operating for any purpose any loudspeaker, loudspeaker system, or similar device between the hours of 10:00 p.m. and 7:00 a.m., such that the sound therefrom creates a noise disturbance across a residential real property line, or at any time violates the provisions of LEMC 17.176.060(A), except for any noncommercial public speaking, public assembly or other activity for which a variance has been issued by the City.

C. Offering for sale, selling anything, or advertising by shouting or outcry within any residential or commercial area or noise sensitive zone of the City except by variance issued by the City. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, or other similar licensed public entertainment events.

D. Owning, possessing or harboring any animal or bird which frequently or for long duration, howls, barks, meows, squawks, or makes other sounds which create a noise disturbance across a residential or commercial real property line or within a noise sensitive zone. This provision shall not apply to public zoos.

E. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate the provisions of LEMC 17.176.060(A).

F. Construction/Demolition.

1. Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of 7:00 p.m. and 7:00 a.m., or at any time on weekends or holidays, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line, except for emergency work of public service utilities or by variance issued by the City.

2. Noise Restrictions at Affected Properties. Where technically and economically feasible, construction activities shall be conducted in such a manner that the maximum noise levels at affected properties will not exceed those listed in the following schedule:


AT RESIDENTIAL PROPERTIES:
Mobile Equipment
Maximum noise levels for nonscheduled, intermittent, short-term operation (less than 10 days) of mobile equipment:
	Type I Areas Single-Family Residential	Type II Areas Multifamily Residential	Type III Areas Semi-Residential/Commercial
Daily, except Sundays and Legal Holidays 7:00 a.m. to 7:00 p.m.	75 dBA	80 dBA	85 dBA
Daily, 7:00 p.m. to 7:00 a.m. and all day Sunday and Legal Holidays	60 dBA	65 dBA	70 dBA
Stationary Equipment
Maximum noise levels for repetitively scheduled and relatively long-term operation (period of 10 days or more) of stationary equipment:
	Type I Areas Single-Family Residential	Type II Areas Multifamily Residential	Type III Areas Semi-Residential/Commercial
Daily, except Sundays and Legal Holidays 7:00 a.m. to 7:00 p.m.	60 dBA	65 dBA	70 dBA
Daily, 7:00 p.m. to 7:00 a.m. and all day Sunday and Legal Holidays	50 dBA	55 dBA	60 dBA
AT BUSINESS PROPERTIES:
Mobile Equipment
Maximum noise levels for nonscheduled, intermittent, short-term operation of mobile equipment:
Daily, including Sundays and Legal Holidays, all hours: maximum of 85 dBA.
Stationary Equipment
Maximum noise levels for repetitively scheduled and relatively long-term operation of stationary equipment:
Daily, including Sundays and Legal Holidays, all hours: maximum of 75 dBA.

3. All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with suitable exhaust and air intake silencers in proper working order.

G. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of any individual at or beyond the property boundary of the source if on private property or at 150 feet (46 meters) from the source if on a public space or public right-of-way.

H. Powered Model Vehicles. Operating or permitting the operation of powered model vehicles:

1. Between the hours of 7:00 p.m. and 7:00 a.m. so as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of LEMC 17.176.060(A).

2. In such a manner as to exceed the levels set forth for public space land use in Table 1, measured at a distance not less than 100 feet (30 meters) from any point on the path of a vehicle operating on public space or public right-of-way.

I. Stationary Nonemergency Signaling Devices.

1. Sounding or permitting the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place, for more than 10 seconds in any hourly period.

2. Houses of religious worship shall be exempt from the operation of this provision.

3. Sound sources covered by this provision and not exempted under subsection (I)(2) of this section shall be exempted by a variance issued by the City.

J. Emergency Signaling Devices.

1. The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in subsection (J)(2) of this section.

2. a. Testing of a stationary emergency signaling system shall not occur before 7:00 a.m. or after 7:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds.

b. Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 7:00 a.m., or after 10:00 p.m. The time limit specified in subsection (J)(2)(a) of this section shall not apply to such complete system testing.

3. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within 15 minutes of activation.

K. Noise Sensitive Zones.

1. Creating or causing the creation of any sound within any noise sensitive zone, so as to exceed the specified land use noise standards set forth in LEMC 17.176.060(A); provided, that conspicuous signs are displayed indicating the zone; or

2. Creating or causing the creation of any sound within or adjacent to any noise sensitive zone, containing a hospital, nursing home, school, court or other designated area, so as to interfere with the functions of such activity or annoy the occupants in the activity; provided, that conspicuous signs are displayed indicating the presence of the zone.

L. Domestic Power Tools and Machinery.

1. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between 10:00 p.m. and 7:00 a.m., so as to create a noise disturbance across a residential or commercial real property line.

2. Any motor, machinery, pump, such as swimming pool equipment, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance in accordance with LEMC 17.176.060.

M. Residential Air-Conditioning or Air-Handling Equipment. Operating or permitting the operation of any air-conditioning or air-handling equipment in such a manner as to exceed any of the following sound levels:


Measurement Location	Units Installed before 1-1-80 dB(A)	Units Installed on or after 1-1-80 dB(A)
Any point on neighboring property line, 5 feet above grade level, no closer than 3 feet from any wall.	60	55
Center of neighboring patio, 5 feet above grade level, no closer than 3 feet from any wall.	55	50
Outside the neighboring living area window nearest the equipment location, not more than 3 feet from the window opening, but at least 3 feet from any other surface.	55	50

N. Places of Public Entertainment. Operating or permitting the operation or playing of any loudspeaker, musical instrument, motorized racing vehicle, or other source of sound in any place of public entertainment that exceeds 95 dBA as read on the slow response of a sound level meter at any point normally occupied by a customer, without a conspicuous and legible sign stating:

WARNING! SOUND LEVELS WITHIN MAY CAUSE HEARING IMPAIRMENT.

[Ord. 772 § 17.78.080, 1986. Code 1987 § 17.78.080].

17.176.090 Motor vehicles operating on public right-of-way.

Motor vehicles noise limits on a public right-of-way are regulated as set forth in the California Motor Vehicle Code, Sections 23130 and 23130.5. Equipment violations which create noise problems are covered under Sections 27150 and 27151. Any peace officer of any jurisdiction in California may enforce these provisions. Therefore, it shall be the policy of the City to enforce these sections of the California Motor Vehicle Code.

A. Refuse Collection Vehicles.

1. No person shall collect refuse with a refuse collection vehicle between the hours of 7:00 p.m. and 7:00 a.m. within or adjacent to a residential area or noise sensitive zone.

2. No person authorized to engage in waste disposal service or garbage collection shall operate any truck-mounted waste or garbage loading and/or compacting equipment or similar device in any manner so as to create any noise exceeding the following levels, measured at a distance of 50 feet from the equipment in an open area:

a. New equipment purchased or leased on or after a date six months from the effective date of the ordinance codified in this chapter: 80 dBA.

b. New equipment purchased or leased on or after 36 months from the effective date of the ordinance codified in this chapter: 75 dBA.

c. Existing equipment, on or after five years from the effective date of the ordinance codified in this chapter: 80 dBA.

B. Motor Vehicle Horns. It is unlawful for any person to sound a vehicular horn except as a warning signal (Motor Vehicle Code, Section 27001).

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 LEMC 17.176.060(A). This section shall apply to all motorized recreational vehicles whether or not duly licensed and registered, including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go carts, amphibious craft, campers, snowmobiles and dune buggies, but not including motorboats.

D. Reserved.

E. Vehicle, Motorboat, or Aircraft Repair and Testing.

1. Repairing, rebuilding, modifying, or testing any motor vehicle, motorboat, or aircraft in such a manner as to create a noise disturbance across a residential real property line, or at any time to violate the provisions of LEMC 17.176.060(A).

2. Nothing in this section shall be construed to prohibit, restrict, penalize, enjoin, or in any manner regulate the movement of aircraft which are in all respects conducted in accordance with, or pursuant to, applicable Federal laws or regulations.

F. Standing Motor Vehicles. No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than 15 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public right-of-way or public space within 150 feet (46 meters) of a residential area or designated noise sensitive zone, between the hours of 10:00 p.m. and 7:00 a.m. [Ord. 984, 1994; Ord. 772 § 17.78.090, 1986. Code 1987 § 17.78.090].

17.176.100 Special provisions – Exemptions.

The following activities shall be exempted from the provisions of this chapter:

A. The emission of sound for the purpose of alerting persons to the existence of an emergency.

B. The emission of sound in the performance of emergency work.

C. Warning devices necessary for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns.

D. Regularly scheduled school bands, school athletic and school entertainment events between the hours of 8:45 a.m. and 10:00 p.m., provided a special events permit is also required for band activities on City streets.

E. Regularly scheduled activities conducted on public parks, public playgrounds, and public or private school grounds. However, the use of public address or amplified music systems is not permitted to exceed the exterior noise standard of adjacent property at the property line.

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 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.

H. Mobile noise sources associated with agricultural operations, provided such operations take place on Monday through Friday, excepting legal holidays, between the hours of 7:00 a.m. and 6:00 p.m. All other operations shall comply with this chapter.

I. Noise sources associated with the maintenance of real property, provided such operations take place on Monday through Friday, excepting legal holidays, between the hours of 7:00 a.m. and 6:00 p.m., or on holidays and weekends between the hours of 9:00 a.m. and 6:00 p.m. All other operations shall comply with this chapter.

J. Any activity to the extent that regulation thereof has been preempted by State or Federal law. [Ord. 772 § 17.78.100, 1986. Code 1987 § 17.78.100].

17.176.110 Special variances.

A. The NCO is authorized to grant variances for exemption from any provision of this chapter, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the NCO determines are appropriate to protect the public health, safety, and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any permit or license required by law for such activities.

B. Any person seeking a variance pursuant to this section shall file an application with the NCO. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The application shall be accompanied by a fee. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Notice of an application for a variance shall be published according to City code. Any individual who claims to be adversely affected by allowance of the variance may file a statement with the NCO containing any information to support his claim. If at any time the NCO finds that a sufficient controversy exists regarding an application, a public hearing will be held.

C. In determining whether to grant or deny the application, the NCO shall balance the hardship on the applicant, the community, and other persons of not granting the variance against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the variance. Applicants for variances and persons contesting variances may be required to submit such information as the NCO may reasonably require. In granting or denying an application, the NCO shall keep on public file a copy of the decision and the reasons for denying or granting the variance.

D. Variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate the variance and subject the person holding it to those provisions of this chapter for which the variance was granted.

E. A variance will not exceed 365 days from the date on which it was granted. Application for extension of time limits specified in variances or for modification of other substantial conditions shall be treated like applications for initial variances under subsection (B) of this section. [Ord. 772 § 17.78.110, 1986. Code 1987 § 17.78.110].