Chapter 9.15
NOISE
Sections:
9.15.010 Findings – Policy.
9.15.020 Definitions.
9.15.030 Loud or unnecessary noises prohibited.
9.15.040 Special noise sources.
9.15.050 Amplified sound.
9.15.010 Findings – Policy.
The city council finds that at certain levels, noises are detrimental to the health and welfare of the citizenry and in the public interest should be systematically proscribed. It is the policy of the city to prohibit unnecessary, excessive and annoying noises from all sources. (Ord. 446 § 1, 1980; 1991 code § 5-1.1)
9.15.020 Definitions.
As used in this chapter:
Commercial purpose means and includes the use, operation, or maintenance of sound-amplifying equipment for the purpose of advertising business, goods and services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage to or for a performance, show, entertainment, exhibition or event, or for the purpose of demonstrating any such sound equipment.
Emergency work means work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger.
Motor vehicle means motor vehicle as defined by the California Vehicle Code.
Noncommercial purpose means the use, operation, or maintenance of sound equipment for other than a commercial purpose. Noncommercial purpose includes philanthropic, political, patriotic and charitable purposes.
Sound-amplifying equipment means any machine or device for the amplification of the human voice, music, or any other sound. Sound-amplifying equipment does not include:
A. A standard automobile radio when used and heard only by the occupant of the vehicle in which the radio is installed; nor
B. A warning device on authorized emergency vehicle or horn or other warning device used for traffic safety purposes.
Sound truck means a motor vehicle regardless of motor power, whether in motion or stationary, having sound-amplifying equipment mounted or attached to it. (Ord. 446 § 1, 1980; 1991 code § 5-1.2)
9.15.030 Loud or unnecessary noises prohibited.
Notwithstanding any other provision of this chapter, it is unlawful for a person to willfully make or continue, or cause to be made or continued, a loud, unnecessary, or unusual noise which disturbs the peace or quiet of a neighborhood, or which causes discomfort or annoyance to a reasonable person of normal sensitivity residing in the area. The standards which shall be considered in determining whether a violation of this section exists shall include, but are not limited to, the following:
A. Volume of the noise;
B. Whether the nature of the noise is usual or unusual;
C. Proximity of the noise to residential sleeping facilities;
D. Nature and zoning of the area within which the noise emanates;
E. Time of the day or night the noise occurs;
F. Duration of the noise;
G. Whether the noise is recurrent, intermittent, or constant; and
H. Whether the noise is produced by a commercial or noncommercial activity. (Ord. 446 § 1, 1980; 1991 code § 5-1.3)
9.15.040 Special noise sources.
A. Radios, television sets and similar devices.
1. Use restricted. It is unlawful for a person to use, operate or permit to be played, used or operated a radio, receiving set, television set, jukebox, musical instrument, phonograph, or other machine or device for the producing or reproduction of sound in such manner as to disturb the peace, quiet, or comfort of the neighboring inhabitants or to do so with a louder volume than is necessary for convenient hearing for persons in the room, vehicle, or chamber in which the device is operated.
2. Prima facie violation. The operation of any such device specified in subsection A.1 of this section between the hours of 10:00 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 is prima facie evidence of a violation of this subsection.
B. Hawkers and peddlers. It is unlawful for a person to sell anything by outcry within any land use district of the city zoned for residential uses. This subsection does not prohibit the selling by outcry of merchandise, food or beverages at a licensed sporting event, parade, fair, circus, or similar licensed public entertainment event.
C. Use of musical instruments restricted. It is unlawful for a person to use a musical instrument or other instrument or device for the purpose of attracting attention by the creation of noise. This subsection does not apply to a participant in a school band or licensed parade.
D. Places adjacent to schools, hospitals, and churches. It is unlawful for a person to create noise on a street, sidewalk, or public place adjacent to a school or church while in use or adjacent to a hospital, which noise unreasonably interferes with the working of the institution or which disturbs or unduly annoys a patient in the hospital. However, this subsection is effective only if a sign is displayed in the street, sidewalk, or public place indicating the presence of a school, church, or hospital.
E. Animals or birds in residential neighborhoods. No person shall keep or maintain an animal, fowl, or bird (otherwise permitted to be kept) which by sound, cry, or behavior causes annoyance or discomfort or disturbs the repose of a reasonable person of normal sensitivity.
F. Yelling or shouting in a building.
1. No person shall yell, shout, hoot, whistle or sing in a private residence or building of public assembly between 10:00 p.m. of one day and 7:00 a.m. of the next day in such a manner as to disturb the peace, quiet and comfort of neighboring inhabitants.
2. Noise prohibited by subsection F.1 of this section which is plainly audible at a distance of 50 feet of the building or structure in which the noise occurs is prima facie evidence of a violation of this subsection.
G. Exhausts. It is unlawful for a person to discharge into the open air the exhaust of an engine, motorboat, stationary internal combustion engine or motor vehicle, except through a muffler or other device which prevents loud or explosive noise.
H. Machinery, equipment, fans, and air conditioning. It is unlawful for a person to operate machinery, equipment, a pump, fan, air-conditioning apparatus or similar mechanical device in the manner which creates noise, unless the noise is muffled and the device is equipped with a muffler sufficient to deaden the noise.
I. Whistles or horns. It is unlawful for a person to blow a horn or steam or air whistle except as a signal or as a warning.
J. Motor vehicle acceleration. It is unlawful for a person to operate a motor vehicle in the manner which causes a screeching of tires or excessive engine noise in a manner which annoys or disturbs the quiet, comfort or repose of persons in any building, structure or facility.
K. Vehicle repairs. It is unlawful for a person within 500 feet of a residential land use district to repair, rebuild, or test a motor vehicle between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day in such a manner that a reasonable person of normal sensitivity residing in that district is caused discomfort or annoyance.
L. Construction of buildings and projects.
1. It is unlawful for a person within a residential land use district to operate or perform construction or repair work on a building, structure or project, or to operate a pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other construction-type device on city-recognized holidays as designated by city council resolution, and on Monday through Friday, prior to 7:30 a.m. and after 7:00 p.m. on each day and on Saturdays and Sundays, prior to 9:00 a.m. and after 6:00 p.m. The above prohibition does not apply to emergency work.
2. Exemptions by special permit from the above prohibitions may be obtained from the city manager if the one applying for the exemption can demonstrate written consent from abutting residents and that the noise and disruption would not cause a reasonable person of normal sensitivity residing in the area major discomfort or annoyance. (Ord. 554 § 1, 1984; Ord. 446, 1980; 1991 code § 5-1.4)
9.15.050 Amplified sound.
A. Purpose. The sole purpose of this section is to secure and promote the public health, comfort, safety and welfare. While recognizing that the use of sound-amplifying equipment is protected by the constitutional rights of freedom of speech and assembly, the council nevertheless feels obligated to reasonably regulate the use of sound-amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise.
B. Registration required. It is unlawful for a person, other than a peace officer, to install, use, or operate a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted upon a sound truck for the purpose of giving an instruction, direction, talk, address, lecture, or transmitting music to a person in or upon a street, alley, sidewalk, park, place, or public property without first filing a registration statement and obtaining approval as set forth in subsection C of this section.
C. Registration statements.
1. Filing. Every user of sound-amplifying equipment shall file a registration statement with the public works and community development department 10 days before the date on which the sound-amplifying equipment is intended to be used. The statement shall contain the following information:
a. The name, address and telephone number of both the owner and user of the sound-amplifying equipment;
b. The wattage to be used, and the approximate distance for which sound will be audible from the sound-amplifying equipment;
c. The license and motor number, if a sound truck is to be used;
d. A general description of the sound-amplifying equipment which is to be used; and
e. Whether the sound-amplifying equipment will be used for commercial or noncommercial purposes.
2. Approval. The public works and community development department shall return to the applicant an approved certified copy of the registration statement unless it finds that:
a. The conditions of the motor vehicle movement are such that, in the opinion of the public works and community development department, use of the equipment would constitute a detriment to traffic safety;
b. The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or
c. The registration statement required reveals that the application would violate Penal Code section 415.
3. Disapproval. If the registration statement is disapproved, the public works and community development department shall endorse upon the statement the reason for disapproval and return it promptly to the applicant.
D. Appeals. Persons who are dissatisfied with the findings of the public works and community development department may appeal to the city manager as provided in PHMC Chapter 1.10.
E. Fees. The fees for filing a registration statement for commercial purposes is as fixed by resolution of the city council. There is no fee for the operation of a loudspeaker or sound-amplifying equipment for noncommercial purposes.
F. Regulations.
1. The commercial use of sound-amplifying equipment is subject to the following regulations:
a. The only sounds permitted shall be either music or human speech, or both;
b. The operation of sound-amplifying equipment shall occur only between the hours of 9:00 a.m. and 10:00 p.m. each day. No operation of sound-amplifying equipment for commercial purposes is permitted on Sundays or legal holidays without the express written approval of the city;
c. Sound-amplifying equipment may not be operated within 200 feet of a church, school, hospital, or city or county building, except under the direction of such church, school, hospital, or city or county building; and
d. The volume of sound shall be so controlled that it is not unreasonably loud, raucous, jarring, disturbing, or a nuisance to a reasonable person.
2. The noncommercial use of sound-amplifying equipment is subject to the following regulations:
a. The only sounds permitted shall be either music or human speech, or both;
b. The operation of sound-amplifying equipment shall occur only between 9:00 a.m. and 11:00 p.m. each day. No operation of sound-amplifying equipment for noncommercial purposes is permitted on Sundays or legal holidays without the express written approval of the city;
c. Sound-amplifying equipment may not be operated within 200 feet of a church, school, hospital, or city or county building, except under the direction of such school, church, hospital, or city or county building; and
d. The volume of sound shall be so controlled that it is not unreasonably loud, raucous, jarring, disturbing, or a nuisance to a reasonable person. (Ord. 446 § 1, 1980; 1991 code § 5-1.5)