Division IV. Offenses Against Public Peace
Chapter 9.44
NOISE1
Sections:
9.44.010 Prohibitions.
It is unlawful for any person to make, continue or cause to be made or continued any noise which either unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the city. The following acts, among others, are declared to be unreasonably loud, disturbing and endangering noises in violation of this chapter, but the enumeration shall not be deemed to be exclusive, namely:
A. Horns and Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time;
B. Radios, Television Sets and Mechanical Devices. The using, operating, or permitting to be played, used or operated of any radio receiving set, television set, jukebox, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:30 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section;
C. Loudspeakers and Amplifiers for Advertising. The playing, using, operating, or permitting to be played, used, or operated, of any radio receiving set, television, musical instrument, phonograph, loudspeaker, sound amplifier, drum or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising;
D. Yelling or Shouting on a Public Street. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:30 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or dwelling, hotel or other type of residence, or of any persons in the vicinity;
E. Yelling or Shouting in a Building or Structure. Yelling, shouting, hooting, whistling or singing in a private residence or building of public assembly between the hours of 11:30 p.m. and 7:00 a.m. in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants. Such yelling, shouting, hooting, whistling or singing plainly audible at a distance of 50 feet from the building or structure in which such yelling, shouting, hooting, whistling or singing is conducted shall be prima facie evidence of a violation of this section;
F. Animals and Birds. The keeping of any animal or bird which, by causing frequent or long-continued noise, disturbs the comfort or repose of any persons in the vicinity;
G. Steam Whistles. The blowing of any locomotive, steam or air whistle or steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper city authorities;
H. Exhausts. The discharge into the open air of the exhaust of any steam engine, motorboat, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
I. Schools, Courts, Churches and Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital, church or court street;
J. Pile Drivers, Hammers and Similar Equipment. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise, except in case of emergency;
K. Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise;
L. Motor Vehicle Acceleration. The operation of any motor vehicle, and particularly the rapid acceleration thereof, so as to cause loud screeching of tires or excessive motor noises; or the operation of any vehicle motor in a fixed location at, or continually accelerating to, very high speeds, so as to annoy or disturb the quiet, comfort or repose of persons in any office, hotel, dwelling, school, store or public recreation facility. [Ord. 668 C.S. § 12, 1974; 1937 Code § 554.]
For statutory provisions regarding disturbing the peace, see Penal Code § 415.