Chapter 8.06
NOISE
Sections:
8.06.010 Declaration of policy.
8.06.060 Temporary permits and use permits.
8.06.010 Declaration of policy.
It is declared to be the policy of the city to protect the peace, health and safety of its citizens from unreasonable noises from all sources including, but not limited to, those specified in this chapter. (Ord. 892 § 2 (part), 1999).
8.06.020 Definitions.
The definitions set forth in this section shall govern its construction.
(1) "A-Weighting" means a filter network designed to transform a frequency spectrum to that which is heard by the human ear.
(2) "Construction activities" means the grading, demolition, alteration, repair or remodeling of existing structures and construction of new structures including the use of power equipment in connection with activities. "Construction activities" does not include radios or other forms of amplified music on a construction site.
(3) "Daytime" means the period from seven (7) a.m. to ten (10) p.m. daily.
(4) "Decibel (dB)" means a unit for measuring the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.
(5) "Delivery" means the delivery or pickup or the arrival for delivery or pickup of goods, wares and merchandise by the use of a motorized vehicle, other than an automobile or train.
(6) "Equivalent-energy level (Leq)" means the level of a steady-state noise that has the same sound energy as a given time-varying noise.
(7) "Holidays" means the follow days: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving, and Christmas Day.
(8) "Impulsive sound" means sound of short duration, usually less than one (1) second, with an abrupt onset and rapid decay. Examples of impulsive sounds include explosions, drop impacts and firearm discharge.
(9) "Motor vehicles" means any and all self-propelled vehicles as defined in the Vehicle Code of the state, including all on-highway types of vehicles subject to registration under said code and all off-highway type of motor vehicle subject to identification under said code.
(10) "Multifamily dwelling" means any housing unit where two (2) or more dwellings are separated by a common wall, floor or ceiling, including but not limited to apartments, condominiums and townhouses.
(11) "Nighttime" means the period from ten (10) p.m. to seven (7) a.m. daily.
(12) "Noise disturbance" means any source of sound which exceeds the noise limitations permitted in Section 8.06.030. For purposes of this section sources of sound shall include but not be limited to the following: amplified music, loudspeakers, radios, televisions, stereos, musical instruments, powered toys or models, swimming pools or spas, industrial machinery, manufacturing equipment, pile drivers, air compressors, paint sprayers, motors, pumps, blowers, air conditioners, cooling towers, ventilating fans, fork lifts, loaders, tractors, animals, concerts, mechanical equipment, human voices, electrical appliances, vacuum cleaners, powered equipment, chain saws, beepers, motor vehicles and attached equipment not operated on a street or highway, etc.
(13) "Noise level" means the amplitude of sound pressure referenced to twenty (20) micropascals, measured in decibels, using the A-weighting network (for the purposes of this chapter).
(14) "Noise level measurement" means the procedure of measuring sound consisting of the usage of a precision sound level meter (SLM), as defined in the section, set to "fast" response. If the sound level meter is analog with a VU meter, then the response shall be "slow" unless the noise issue is impulsive. The meter must be calibrated before any measurements and the microphone shall be a minimum of three and one-half (3 1/2) feet from any wall, floor or other large sound reflecting surface. The meter shall be protected from wind or other extraneous noise by the use of screens, shields or other appropriate devices.
(15) "Precision sound level meter" means a sound pressure level measuring instrument which conforms to the American National Standards Institute (ANSI) specification S1.4 for Type 1 or Type 2 measuring instruments.
(16) "Powered equipment" means a motorized device powered by electricity or fuel used for construction, demolition and property or landscape maintenance or repairs. Powered equipment includes but is not limited to: electrically powered landscape equipment, lawn mowers, hedgers, parking lot sweepers, saws, sanders, motors, pumps, generators, blowers, wood chippers, vacuums, drills and nail guns (but specifically excluding internal fuel combustion engine leaf blowers).
(17) "Residential property" means any property legally used for a single family or multifamily dwelling as defined in Section 16.04.240.
(18) "Sound-amplifying equipment" means any machine or equipment or device for the amplification of the human voice, music or any other sound. Sound-amplifying equipment shall not be construed as including automobile radios (which are covered by the California Vehicle Code), warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used for traffic safety purposes.
(19) "Work personally done by resident or property owner" means work undertaken by the property owner/resident. Resident/property owner may be assisted by a family member, friend or other persons. (Ord. 1098 § 2, 2023; Ord. 895 § 5, 1999; Ord. 892 § 2 (part), 1999).
8.06.030 Noise limitations.
(a) Except as otherwise permitted in this chapter, any source of sound in excess of the sound level limits set forth in Section 8.06.030 shall constitute a noise disturbance. For purposes of determining sound levels from any source of sound, sound level measurements shall be made at a point on the receiving property nearest where the sound source at issue generates the highest sound level. Sound level measurements shall be made with a precision sound level meter (Type 1 or 2) set to A-weighting, and "fast" response for fluctuating sound. Slow or fast response may be used for continual sources. For repetitive, impulsive sound, the one (1) second rms maximum level (Lmax) shall be used. For continuous sound, use the average level or Leq. In multifamily residential structures, the microphone shall be placed no closer than three and one-half (3 1/2) feet from the wall through which the source of sound at issue is transmitting. The microphone shall also be placed five (5) feet above the floor regardless of whether the source of sound at issue transmits through the floor, ceiling or wall.
(1) For all sources of sound measured from any residential property:
(A) "Nighttime" hours—fifty (50) dBA,
(B) "Daytime" hours—sixty (60) dBA;
(2) For all sources of sound within a multifamily residential structure transmitting through a common interior partition (wall, floor or ceiling) from one (1) dwelling unit to another:
(A) "Nighttime" hours—thirty-five (35) dBA,
(B) "Daytime" hours—forty-five (45) dBA;
(3) Corrections for character of sound: In the event the alleged offensive noise contains a steady, audible tone, such as a whine, screech, beating, pulsating, throbbing or hum the standards set forth in Section 8.06.030(a)(1) and (2) shall be reduced by five (5) dB.
(b) Any and all excessively annoying, loud or unusual noises or vibrations such as offend the peace and quiet of persons of ordinary sensibilities and which interfere with the comfortable enjoyment of life or property and affect at the same time an entire neighborhood or any considerable number of persons shall be considered a noise disturbance.
(c) It shall be unlawful to create, permit, allow or maintain a noise disturbance in Menlo Park. (Ord. 892 § 2 (part), 1999).
8.06.040 Exceptions.
The following are exceptions to the noise limitations set forth in Section 8.06.030. These activities may occur at other times provided they meet the noise levels set forth in Section 8.06.030.
(a) Construction Activities.
(1) Construction activities between the hours of eight (8) a.m. and six (6) p.m. Monday through Friday,
(2) Residents/property owners personally undertaking construction activities to maintain or improve their property on Saturdays, Sundays or holidays between the hours of nine (9) a.m. and five (5) p.m.,
(3) A sign, containing the permitted hours of construction activities exceeding the noise limits set forth in Section 8.06.030, shall be posted at all entrances to a construction site upon the commencement of construction, for the purpose of informing contractors and subcontractors and all other persons at the construction site of the basic requirements of this chapter. The sign shall be at least five (5) feet above ground level and shall consist of a white background with black letters,
(4) Notwithstanding any other provision set forth above, all powered equipment shall comply with the limits set forth in Section 8.06.040(b);
(b) Powered Equipment.
(1) Powered equipment used on a temporary, occasional or infrequent basis operated between the hours of eight (8) a.m. and six (6) p.m. Monday through Friday. No piece of equipment shall generate noise in excess of eighty-five (85) dBA at fifty (50) feet,
(2) Residents/property owners personally using powered equipment to maintain their property and/or residence on Saturdays, Sundays or holidays between the hours of nine (9) a.m. and five (5) p.m. No piece of equipment shall generate noise in excess of eighty-five (85) dBA at fifty (50) feet.
(c) Deliveries.
(1) Deliveries to food retailers and restaurants,
(2) Deliveries to other commercial and industrial businesses between the hours of seven (7) a.m. and six (6) p.m. Monday through Friday and nine (9) a.m. to five (5) p.m. Saturdays, Sundays and holidays;
(d) Occasional Social Gatherings. Occasional social gatherings between eleven (11) a.m. and eleven-thirty (11:30) p.m.; provided, the noise level for the occasional social gathering measured from any adjacent residential property does not exceed sixty-five (65) dBA;
(e) Street Sweeping/Parking Lot Sweeping. Street sweeping/parking lot sweeping Monday through Friday between the hours of seven (7) a.m. and six (6) p.m. anywhere in the city; and street sweeping between the hours of four-thirty (4:30) a.m. to six (6) p.m., Monday through Friday on the following streets/public parking plazas: El Camino Real, Santa Cruz Avenue (between Merrill Street and Johnson), Oak Grove Avenue (between University Drive and Merrill Street), Menlo Avenue, Doyle Street, Curtis Street, Chestnut Street, Evelyn (between Santa Cruz and Menlo Avenue), Crane Street (between Menlo Avenue and Oak Grove Avenue), Maloney Lane, Johnson Lane, University Avenue (between Menlo Avenue and Oak Grove Avenue), Merrill Street, Willow Road (between Bay Front Expressway and Middlefield Road), O’Brien Drive, Hamilton Avenue (south of Willow Road), Adams Drive, Adams Court, Casey Court, Hamilton Court, Haven Avenue, Independence Drive, Chrysler Drive, Jefferson Drive, Constitution Drive, Kelly Court, Haven Court, Commonwealth Drive, Chilco Street (from Bay Front Expressway to the Dumbarton spur railway line), and Sand Hill Road (from Highway 280 to Santa Cruz), and all public parking plazas in the central business district (the area between El Camino Real, University Avenue, Menlo Avenue and Oak Grove Avenue);
(f) Garbage Collection. Garbage collection Monday through Friday between the hours of six (6) a.m. to six (6) p.m., throughout the city; and between the hours of two (2) a.m. to six (6) p.m., Monday through Friday, and between the hours of six (6) a.m. and six (6) p.m., on Saturdays, for properties abutting the following streets: El Camino Real, Santa Cruz Avenue (between Merrill Street and Johnson), Oak Grove Avenue (between University Drive and Merrill Street), Menlo Avenue, Doyle Street, Curtis Street, Chestnut Street, Evelyn (between Santa Cruz and Menlo Avenue), Crane Street (between Menlo Avenue and Oak Grove Avenue), University Avenue (between Menlo Avenue and Oak Grove Avenue), Merrill Street, Willow Road (between Bay Front Expressway and Gilbert), O’Brien Drive, Hamilton Avenue (south of Willow Road), Adams Drive, Adams Court, Casey Court, Hamilton Court, Haven Avenue, Independence Drive, Kelly Court, Haven Court, Commonwealth Drive, Chilco Street (between Bayfront Expressway to the Dumbarton spur railway line), Chrysler Drive, Jefferson Drive and Constitution Drive;
(g) Animals. Sounds from animals or birds unless such animal or bird howls, barks, meows, squawks, or makes other noises continuously and/or incessantly for a period of five (5) minutes or intermittently for one-half ( 1/2) hour. For the purposes of this section, the animal or bird noise shall not be deemed a disturbance if a person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated or if the noise is for any other legitimate cause, such as someone teasing or provoking the animal or bird. (Ord. 1098 § 4, 2023; Ord. 895 § 6, 1999; Ord. 892 § 2 (part), 1999).
8.06.050 Exemptions.
The following noise disturbances shall be exempt from the noise limitations set forth in Section 8.06.030:
(a) Sound Generated by Motor Vehicles. Sound generated by motor vehicles, trucks and buses operated on streets and highways, aircraft, trains, and other public transport.
(1) This exemption shall not apply to the operation of any vehicle including any equipment attached to any vehicle (such as attached refrigeration and/or heating units or any attached auxiliary equipment) for a period in excess of ten (10) minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion.
(2) This exemption shall not apply to vehicles equipped with sound amplifiers which are not exempt. No person shall operate or drive any vehicle or cause any vehicle to be operated or driven, or otherwise used, on any public street, which vehicle is equipped with a sound amplifying device or other machine or device for the production or reproduction of sound, which causes sound to carry onto private property or causes sound to be heard by others using the public streets or thoroughfares which exceeds the noise levels established in Section 8.06.030;
(b) Emergencies. Emergency repairs that deal with health or safety risk and emergency generators or powered equipment used during a power outage or other emergency;
(c) Emergency Warning Devices. Emergency warning devices such as fire alarms, burglar alarms, warning devices on emergency vehicles and train horns. This exemption shall not apply to the sounding of any burglar or fire alarm or any motor vehicle burglar alarm, except for emergency purposes, unless such alarm is terminated within ten (10) minutes of activation and no more than two (2) false activations within a four (4) hour period;
(d) City and State Projects. City and state construction work performed by the city and/or the state, their respective agents or contractors, for city and/or state maintenance, repair or construction projects which cannot be performed from seven (7) a.m. to six (6) p.m. Monday through Friday;
(e) Special Events. Any event or use for which a special event permit has been issued under Chapter 8.60 that specifically sets forth applicable noise levels;
(f) Use Permits. Any use for which a use permit has been issued by the city that specifically allows noise levels to be exceeded;
(g) Athletic Fields/Playgrounds/Parks/Public Tennis Courts/Public Recreation Facilities. From seven (7) a.m. to ten (10) p.m. any organized athletic events or activities occurring on athletic fields, playgrounds, parks, tennis courts or other public recreation facilities owned or operated by a school district, the city or the county; provided, no amplified music or sound system is utilized, unless a special events permit under Chapter 8.60 or a parks permit under Chapter 8.28 has been issued which sets forth applicable noise levels. (Ord. 1090 § 2, 2022; Ord. 892 § 2 (part), 1999).
8.06.060 Temporary permits and use permits.
(a) If an applicant can demonstrate that a diligent investigation of available noise abatement techniques indicates that compliance with the requirements of this chapter would be impractical or unreasonable, the director of community development may issue a permit to allow an exclusion from the provisions contained in all or part of this chapter with appropriate conditions to minimize the public detriment caused by such exclusions. Any such permit shall be of as short duration as possible up to three (3) months, but renewable once for up to an additional three (3) month period upon showing of good cause, and shall be conditioned upon details and a schedule for compliance.
(b) The director of community development, or his/her designee, shall have authority to issue noise permits for events which occur no more frequently than twice per calendar year. The nature, time and notice procedures of such permit process, including criteria for approval, shall be established by the director of community development. Any person dissatisfied with the decision of the director of community development may appeal such decision within ten (10) days of the date of such decision in accordance with Section 16.92.210. Special events governed by Chapter 8.60 are exempt from the requirement of obtaining a noise permit to exceed noise levels in this chapter to the extent the special event permit specifically sets forth the applicable noise limitations.
(c) If an applicant can demonstrate that a diligent investigation of available noise abatement techniques indicates that compliance with the requirements of this chapter would be impractical or unreasonable, a use permit to allow an exclusion from the provisions contained in all or part of this chapter may be issued by the planning commission pursuant to the terms and provisions of Chapter 16.82, with appropriate conditions to minimize the public detriment caused by such exclusion. (Ord. 1090 § 3, 2022; Ord. 892 § 2 (part), 1999).
8.06.070 Time for compliance.
(a) Nonresidential operations in existence prior to May 20, 1999, shall be granted a six (6) month period within which to comply with provisions of this chapter. Any facility not in compliance by the end of such six (6) month period may apply for a temporary permit, as described in Section 8.06.060(a), to be excluded from the provisions of this chapter. This section shall apply only to nonresidential facilities already in existence or for which work of improvement had commenced prior to the date this chapter went into effect.*
(b) Except as provided in subsection (a) of this section, all other operations in existence prior to the date this chapter went into effect* shall have three (3) months to comply with the provisions of this chapter or apply for a temporary permit for additional time to comply. (Ord. 1090 § 5, 2022; Ord. 892 § 2 (part), 1999).
* Editor’s Note: Ordinance 892, which enacted Chapter 8.06, is effective on May 20, 1999.
8.06.080 Administration.
The provisions of this chapter shall be administered by the chief of police and his or her authorized representatives, except where expressly provided otherwise. All other officers and employees of the city shall assist and cooperate in the administration and enforcement of this chapter. (Ord. 892 § 2 (part), 1999).
8.06.090 Violations.
First time violators will be warned and subsequent violations of the provisions of this chapter shall be guilty of an infraction and shall be punished as provided in Chapter 1.12.010(b). (Ord. 892 § 2 (part), 1999).