Chapter 6.44
NOISE CONTROL
Sections:
Article I. General Provisions
6.44.010 Findings—Declaration of policy.
6.44.030 Violations—Misdemeanors.
6.44.040 Violations—Additional remedies—Injunctions.
Article II. General Noise Regulations
6.44.050 Public nuisance noise.
Article III. Noise Sources
6.44.060 Excessive, offensive, disturbing or intrusive noise.
6.44.080 Hawkers and peddlers.
6.44.090 Construction of buildings and projects.
Article IV. Exemptions
Article I. General Provisions
6.44.010 Findings—Declaration of policy.
It is declared to be the policy of the city to prohibit unnecessary, excessive and intrusive noise from all sources subject to its police power. It is determined that certain noise levels 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, causing, maintaining, or allowing to be created, caused or maintained, any noise 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. 437 § 1, 1989).
6.44.020 Definitions.
For the purpose of this chapter, the terms used in this chapter are defined as follows:
A. “Ambient noise” means the all-encompassing noise associated with a given environment, usually being a composite of sounds with many sources near and far as determined at any specific point.
B. “Clearly audible” means those sounds or noises which can be heard by any person of average or normal hearing capability.
C. “Construction” means any site preparation, assembly, erection, substantial repair or alteration of any building, structures, or land, public or private, together with any associated scientific or engineering surveys.
D. “Demolition” means any dismantling, intentional destruction or removal of structures, surfaces or similar property, public or private.
E. “Dwelling unit” means any building or separate portion thereof used for residential purposes. The term includes but is not limited to, single-family dwellings, apartments, condominiums, and modular homes.
F. “Emergency work” means work necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from eminent exposure to danger or damage, or work by public or private utilities when restoring utility service.
G. “Intrusive noise” means noise which intrudes over and above the existing background noise at a given location and (1) endangers the health and safety of human beings, or (2) annoys or disturbs persons of normal sensitivities. The relative intrusiveness of a sound depends upon its level, duration, frequency, time of occurrence, and tonal or informational content as well as the prevailing background noise level.
H. “Motor vehicle” includes any car, truck, motorcycle, motor scooter, and any and all self-propelled vehicles, as defined in the California Vehicle Code, including but not limited to mini-bikes and go-carts.
I. “Sound-amplifying equipment” means any machine or device for the amplification of the human voice, music, or any other sound. “Sound-amplifying equipment” shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. “Sound-amplifying equipment,” as used in this chapter, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes. (Ord. 437 § 2, 1989).
6.44.030 Violations—Misdemeanors.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not exceeding five hundred dollars or be imprisoned in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (Ord. 437 § 3, 1989).
6.44.040 Violations—Additional remedies— Injunctions.
As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter, which operation or maintenance cause discomfort or annoyance to reasonable persons of normal sensitivities or which endangers the comfort, repose, health, or peace of the public or residents in the area, shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. (Ord. 437 § 4, 1989).
Article II. General Noise Regulations
6.44.050 Public nuisance noise.
A. Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to wilfully make or continue, or cause to be made or continued, any loud, intrusive, 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.
B. The standards 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:
1. The volume of the noise;
2. The intensity of the noise;
3. Whether the nature of the noise is usual or unusual;
4. Whether the origin of the noise is natural or unnatural;
5. The volume and intensity of the background noise or ambient noise, if any;
6. The proximity of the noise to residential sleeping facilities or dwelling units;
7. The nature and zoning of the area within which the noise emanates;
8. The density of the inhabitation of the area within which the noise emanates;
9. The time of the day or night the noise occurs;
10. The duration of the noise;
11. Whether the noise is recurrent, intermittent, or constant; and
12. Whether the noise is produced by a commercial or noncommercial activity. (Ord. 437 § 6, 1989).
Article III. Noise Sources
6.44.060 Excessive, offensive, disturbing or intrusive noise.
The following activities are declared to cause excessive, offensive, disturbing or intrusive noise in violation of this section, but said enumeration shall not be deemed exclusive:
A. It shall be unlawful for any person to unnecessarily sound any horn or other signaling device on any vehicle except as an emergency or danger-warning signal. This provision shall be inapplicable to the sounding of any horn, bell, whistle, siren or other audible warning device which is operated in compliance with Section 7604 of the California Utilities Code, or any other state or federal provision governing railroad operations, or for emergency work as defined in this chapter.
B. It shall be unlawful to play or operate any drum, radio, phonograph, loudspeaker, sound amplifier, car radio-CD or tape deck, television, or similar sound-amplifying equipment, whether mobile or from a fixed location upon the public streets, public right-of-way, or in public parks in such a fashion that it is clearly audible at a distance of fifty feet. The city council finds and declares that any sound or noise audible at such a distance constitutes an intrusive noise and public nuisance, and endangers the public safety and welfare by interference with normal human capability for hearing nearby traffic movements and warning signals. This section shall be inapplicable to radio systems operated under or pursuant to Federal Communications Commission licenses in the regular course of business. (Ord. 437 § 7, 1989).
6.44.070 Animal noises.
A. Notwithstanding any other provision of this chapter, it shall be unlawful for any person to keep or maintain, or to permit the keeping or maintenance upon any premises owned, occupied or controlled by such person in the city, any animal or animals, poultry, or household pets, which by any frequent or long-continued noise shall disturb or cause discomfort to any reasonable person of normal noise sensitivity. For purposes of this section, “frequent or long-continued noise” shall mean any noise which is essentially continuous for fifteen minutes aggregate during any sixty-minute period.
B. This section shall not apply to any kennel, cattery or animal hospital operated legally within the city. (Ord. 437 § 8, 1989).
6.44.080 Hawkers and peddlers.
It shall be unlawful for any person within the city to sell anything by outcry within any area of the city zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at council approved or otherwise licensed sporting events, parades, fairs, circuses, and other similar licensed public entertainment events. (Ord. 437 § 9, 1989).
6.44.090 Construction of buildings and projects.
It shall be unlawful for any person within a residential zone, or within a radius of five hundred feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects or to operate any pile drive, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other construction type device between the hours of ten p.m. of one day and seven a.m. of the next day in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a special permit authorizing exception to the above hours has been duly obtained from the officer or body of the city having the function to issue permits of this kind. No permit shall be required to perform emergency work as defined in Section 6.44.020 of this chapter. (Ord. 437 § 10, 1989).
6.44.100 Vehicles.
It shall be unlawful for any person within any residential area of the city to repair, rebuild, or test any motor vehicle between the hours of ten p.m. of one day and seven a.m. of the next day in such a manner that a reasonable person of normal sensitiveness residing in that area is caused discomfort or annoyance. (Ord. 437 § 11, 1989).
Article IV. Exemptions
6.44.110 Exemptions.
A. This chapter shall not apply to the following:
1. Sirens or other similar emergency warning devices located upon any emergency vehicle as defined by the Vehicle Code, or upon the premises of any public safety agency;
2. Any bell, siren or similar device on any vehicle, which is required by law, and which is automatically activated by placing the vehicle transmission in reverse, or by any backing movement;
3. Any sound equipment operating under a city license or permit, or being utilized for any activity subject to First Amendment protection;
4. Emergency work as defined in this chapter;
5. Events in public parks or other public places, sponsored by the city or Patterson School District;
6. Noise necessarily generated in conjunction with health or sanitation services, including but not limited to refuse collection.
B. This chapter shall go into effect and be in full force and operation thirty days after its final passage and adoption, and shall be published by one insertion in The Patterson Irrigator, a newspaper printed and published in the city, within fifteen days after its final passage. (Ord. 437 § 12, 1989).