Chapter 8.08 NOISE ABATEMENT AND CONTROL

B. The making and creating of disturbing, excessive, offensive or unusually loud noises within the jurisdictional limits of the City is a condition which has persisted and the level and frequency of occurrence of such noises continue to increase;

C. The making, creation or continuance of such excessive noises which are prolonged or unusual in their time, place, and use effect and are a detriment to the public health, comfort, convenience, safety, welfare, and prosperity of the residents of the City;

D. Every person is entitled to an environment in which the noise is not detrimental to his or her life, health, and enjoyment of property; and

E. The necessity in the public interest for the provisions and prohibitions contained in this chapter and enacted is declared to be a matter of legislative determination and public policy and it is further declared that the provisions and prohibitions contained and enacted are in the pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity, peace and quiet of the City and its inhabitants. (Ord. 29 § 1, 1981; CC § 36.401)

8.08.020 Definitions.

A. Whenever the following words and phrases are used in this chapter, unless otherwise defined in this chapter, they shall have the meaning ascribed to them in this section:

1. “Aircraft” means any powered vehicle which at any time of its operation is airborne, and is used to transport people or materials for whatever purpose.

2. “Average sound level” means a sound level typical of the sound levels at a certain place during a given period of time, averaged by the general rule of combination for sound levels, said general rule being set forth in American National Standard Specifications for Sound Level Meters S1. 4-1971. “Average sound level” is also called “equivalent continuous sound level.”

3. “Commercial purpose” means and includes the use, operation or maintenance of any sound amplifying equipment for the purpose of advertising any business, or any goods, or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition, or event, or for the purpose of demonstrating such sound equipment.

4. “Construction equipment” means any tools, machinery or equipment used in connection with construction operations including all types of “special construction” equipment as defined in the pertinent sections of the California Vehicle Code when used in the construction process on any construction site, regardless of whether such construction site be located on-highway or off-highway.

5. “Container” means any receptacle, regardless of contents, manufactured from wood, metal, plastic, paper, or any other material including but not limited to any barrel, basket, box, crate, tub, bottle, can or refuse container.

6. “Decibel” means a unit of measure of sound (noise) level.

7. “Disturbing, excessive or offensive noise” means:

a. Any sound or noise which constitutes a nuisance involving discomfort or annoyance to persons of normal sensitivity residing in the area;

b. Any sound or noise conflicting with criteria standards or levels as set forth in this chapter for permissible noises;

c. Any sound or noise conflicting with criteria standards or levels established by Federal or State government which are applicable in the City.

8. “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 imminent exposure to danger or damage or work by public or private utilities when restoring utility service.

9. “Fixed source” means a machine or device capable of creating a noise level at the property upon which it is regularly located including but not limited to: industrial and commercial process machinery and equipment, pumps, fans, air conditioning apparatus or refrigeration machines.

10. “Holiday” means January 1st, known as “New Year’s Day”; the third Monday in January, known as “Martin Luther King, Jr. Day”; the third Monday in February, known as “Washington’s Birthday”; March 31st, known as “Cesar Chavez Day”; the last Monday in May, known as “Memorial Day”; the fourth day of July, known as “Independence Day”; the first Monday in September, known as “Labor Day”; the eleventh day in November, known as “Veterans Day”; the last Thursday in November, known as “Thanksgiving Day”; and December 25th, known as “Christmas Day.” In the event “New Year’s Day,” “Cesar Chavez Day,” “Independence Day” or “Christmas Day” falls on Sunday, the following day will be deemed a holiday, and if they fall on Saturday, the Friday preceding will be deemed a holiday.

11. “Motor vehicles” means any and all self-propelled vehicles as defined in the California Vehicle Code and shall specifically include, but not be limited to, “mini-bikes” and “go-carts.”

12. “Noise control officer” means the Director of Development Services or his duly authorized representatives.

13. “Noise level” means the “sound level” and the terms may be used interchangeably in this chapter.

14. “Noncommercial purpose” means the use, operation, or maintenance of any sound equipment for other than a “commercial purpose.” Noncommercial purpose means and includes, but is not limited to, philanthropic, political, patriotic, and charitable purposes.

15. “Nonstationary source” means a machine or device capable of being moved from place to place for occasional or temporary use at a given location, including but not limited to, powered and manual construction equipment not used in connection with construction operations, powered lawn mowers, chain saws and soil tillers, but excluding motor vehicles.

16. “Person” means a person, firm, association, copartnership, joint venture, corporation, or any entity, public or private.

17. “Powered model vehicles” means, but is not limited to, airborne, waterborne, or landborne vehicles such as model airplanes, model boats, and model vehicles of any type or size which are not designed for carrying persons or property and which can be propelled in any form other than manpower or windpower.

18. “Sound amplifying equipment” means any machine or device, mobile or stationary used to amplify music, the human voice, or any sound.

19. “Sound level” (noise level) means in decibels the quantity measured using the frequency weighting-A of a sound level meter as defined in this chapter.

20. “Sound level meter” means an instrument for the measurement of sound, including a microphone, an amplifier, an attenuator, networks at least for the standardized frequency weighting-A, and an indicating instrument having at least the standardized dynamic characteristic “fast,” as specified in American National Standard Specifications for Sound Level Meters S1. 4-1971 or the latest version thereof.

21. “Sound truck” means any motor vehicle or other vehicle regardless of motive power whether in motion or stationary having mounted thereon, built-in, or attached thereto any sound amplifying equipment other than a car radio or television.

22. “Watercraft” means any boat, ship, barge, craft or floating thing designed for navigation in the water which is propelled by machinery, whether or not such machinery is the principal source of propulsion, but does not include a vessel possessing a valid marine document issued by the United States Bureau of Customs or any Federal agency successor thereto.

B. Supplemental Definitions of Technical Terms. Definitions of technical terms not defined in this chapter shall be obtained from the American National Standard, “Acoustical Terminology” S1. 1-1961 (R-1971) or the latest revision thereof. (Ord. 646 § 2, 2006; Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 36.402)

8.08.030 Sound level measurement.

A. Any sound or noise level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using the A-weighting and “slow” response pursuant to applicable manufacturer’s instructions, except that for sounds of a duration of two seconds or less, the “fast” response shall be used and the average level during the occurrence of the sound reported.

B. The sound level meter shall be appropriately calibrated and adjusted as necessary by means of an acoustical calibrator of the coupler-type to assure meter accuracy within the tolerances set forth in American National Standards ANSI-S1. 4-1971.

C. For outside measurements, the microphone shall be not less than four feet above the ground, at least four feet distant from walls or other large reflecting surfaces and shall be protected from the effects of wind noises by the use of appropriate wind screens and the location selected shall be at any point on the affected property. In cases when the microphone must be located within 10 feet of walls or similar large reflecting surfaces, the actual measured distances and orientation of sources, microphone and reflecting surfaces shall be noted and recorded. In no case shall a noise measurement be taken within five feet of the noise source.

D. For inside measurements, the microphone shall be at least three feet distant from any wall, ceiling or partition, and the average measurement of at least three microphone positions throughout the room shall be determined. (Ord. 29 § 1, 1981; CC § 36.403)

8.08.040 Sound level limits.

Unless a variance has been applied for and granted pursuant to this chapter, it is unlawful for any person to cause or allow the creation of any noise to the extent that the one-hour average sound level, at any point on or beyond the boundaries of the property on which the sound is produced, exceeds the applicable limits set forth below, except that construction noise level limits shall be governed by PMC 8.08.100:


Zone or Land Use Designation		Applicable Limit One-Hour Average Sound Level (in decibels)
OS-RM, OS, OS/1du, RR-A, RR-B, RR-C, RS-2, RS-3, RS-4, RS-7, and Specific Plan, PRD and PC regulations with a density of 11 dwelling units or less per acre.	10:00 p.m. to 7:00 a.m. 7:00 a.m. to 10:00 p.m.	40 50
PF, RA, RC, MHP, and Specific Plan, PRD and PC regulations with a density of 11 or more dwelling units per acre.	7:00 a.m. to 7:00 p.m. 7:00 p.m. to 10:00 p.m. 10:00 p.m. to 7:00 a.m.	55 50 45
SPC, MU, CO, CN, CB, CG, TC, A/GC and HC	7:00 a.m. to 7:00 p.m. 7:00 p.m. to 10:00 p.m. 10:00 p.m. to 7:00 a.m.	60 55 55
MRE, SC, LI, LI/S and IP	Anytime	70

The sound level limit at a location on a boundary between two zoning districts is the arithmetic mean of the respective limits for the two districts.

Fixed location public utility distribution or transmission facilities located on or adjacent to a property line shall be subject to the noise level limits of this section, measured at or beyond six feet from the boundary of the easement upon which the equipment is located. (Ord. 646 § 3, 2006; Ord. 172 § 1 (Exh. A), 1985; Ord. 29 § 1, 1981; CC § 36.404)

8.08.050 Motor vehicles.

Provisions for motor vehicles shall be as follows:

A. Repairs of Motor Vehicles. It is unlawful for any person within the City to repair, rebuild, or test any motor vehicle in such a manner as to cause disturbing, excessive or offensive noises as defined in PMC 8.08.020(A)(7).

B. On-Highway. Violations for exceeding applicable noise level limits as to persons operating motor vehicles on a public street or highway in the City shall be prosecuted under applicable California Vehicle Code provisions and under Federal Regulation adopted pursuant to 42 U.S.C. 4905(a) (1) (A), (B) and (C) (ii), (iii) for which enforcement responsibility is delegated to local government agencies.

C. Off-Highway. Except as otherwise provided for in this chapter, it is unlawful to operate any motor vehicle of any type on any site other than on a public street or highway as defined in the California Vehicle Code in a manner so as to cause noise in excess of:

1. Those noise levels permitted for on-highway motor vehicles as specified in the table “35 miles per hour or less speed limits” contained in Section 23130 of the California Vehicle Code and as corrected for distances set forth below:


Corrections:
Distance (in feet)	Correction (decibels)
25	-6
28	-5
32	-4
35	-3
40	-2
45	-1
50 (preferred distance)	0
56	+1
63	+2
70	+3
80	+4
90	+5
100	+6

A measured noise level thus calibrated to the lane-to-microphone distance of 50 feet shall be deemed in violation of this section if it exceeds the applicable noise-level limit specified by this section;

2. Or in excess of those sound levels permitted in PMC 8.08.040.

D. Emergency Vehicles. Nothing in this section shall apply to authorized emergency vehicles when being used in emergency situations.

E. Urban Transit Buses. Buses as defined in the California Vehicle Code shall at all times comply with the requirements of this section. (Ord. 29 § 1, 1981; CC § 36.405)

8.08.060 Powered model vehicles.

It is unlawful for any person to operate any powered model vehicle except between the hours of 7:00 a.m. and 9:00 p.m. and then only in such a manner so as not to emit noise in excess of those levels set forth in PMC 8.08.040; however, if powered model vehicles are operated in public parks at a point more than 100 feet from the property line, the noise level shall be determined at a distance of 100 feet from the noise source instead of at the property line, and noises from powered model vehicles measured at that distance in excess of the noise limits specified in PMC 8.08.040 are prohibited. (Ord. 29 § 1, 1981; CC § 36.406)

8.08.070 Refuse vehicles.

No person shall operate, or permit to be operated, a refuse compacting, processing, or collection vehicle within the City which when compacting creates a sound level in excess of 80 decibels when measured at a distance of 50 feet from any point of the compacting vehicle unless a variance has been applied for and granted pursuant to this chapter. (Ord. 29 § 1, 1981; CC § 36.407)

8.08.080 Watercraft.

Violations for excessive noise of watercraft operating in waters under the jurisdiction of the City shall be prosecuted under applicable provisions of this California Harbors and Navigation Code. (Ord. 29 § 1, 1981; CC § 36.408)

8.08.090 Airports.

All noise emanating from airport activities other than that produced by aircraft shall be subject to all of the regulations contained in this chapter. (Ord. 29 § 1, 1981; CC § 36.409)

8.08.100 Construction equipment.

Except for emergency work, it is unlawful for any person, including the City, to operate any single or combination of powered construction equipment at any construction site, except as outlined in subsections A and B of this section:

A. It is unlawful for any person, including the City, to operate any single or combination of powered construction equipment at any construction site before 7:00 a.m. or after 5:00 p.m. on Mondays through Saturdays or at any time on a Sunday or holiday except as provided below. For purposes of this section, “construction” does not include minor home repairs, lawn mowing, gardening and similar types of routine maintenance as identified in PMC 8.08.170(D).

1. The City Engineer may permit, in writing, the use of powered construction equipment during specific hours before 7:00 a.m. or after 5:00 p.m. Monday through Saturday, or any time on a Sunday or holiday, if he or she determines that such operations are not detrimental to the health, safety, or welfare of the surrounding community, that the conduct of the activity is limited by the nature of the work, and that it is in the best interest of the public to perform the work outside of normal hours and days of work.

2. A residential property owner constructing a single-family residence, or constructing an addition to, or otherwise modifying, a single-family residence for personal occupancy may operate powered construction equipment on Sundays or holidays between the hours of 10:00 a.m. and 5:00 p.m. in compliance with the requirements of subsection B of this section; provided, that:

a. The type of equipment used is limited to handheld construction equipment or equipment powered by small electrical motors, including, but not limited to, small cement mixers, table saws, and similar small equipment; and

b. The construction is not carried out for profit or livelihood. Upon request of the City, a property owner shall provide documentation, to the satisfaction of the Director of Development Services, of personal occupancy of the residence, or the intent to personally occupy the residence.

B. No such equipment, or combination of equipment regardless of age or date of acquisition, shall be operated so as to cause noise at a level in excess of 75 decibels for more than eight hours during any 24-hour period when measured at or within the property lines of any property which is developed and used either in part or in whole for residential purposes. These sound levels shall be corrected for time duration in accordance with the following table:


Total Duration in 24 Hours	Decibel Level Allowance	Total Decibel Level
Up to 15 minutes	+15	90
Up to 30 minutes	+12	87
Up to 1 hour	+9	84
Up to 2 hours	+6	81
Up to 4 hours	+3	78
Up to 8 hours	0	75

In the event that lower noise limit standards are established for construction equipment pursuant to State or Federal law, said lower limits shall be used as a basis for revising and amending the noise level limits specified in subsection B of this section. (Ord. 646 § 4, 2006; Ord. 29 § 1, 1981; CC § 36.410)

8.08.110 Containers and construction material.

It is unlawful for any person to handle or transport or cause to be handled or transported in any public place, any container or any construction material in such a way as to create a disturbing, excessive, or offensive noise as defined under PMC 8.08.020(A)(7). (Ord. 29 § 1, 1981; CC § 36.411)

8.08.120 Signal device for food trucks.

No person shall operate or cause to have operated or used any sound signal device other than sound-amplification equipment attached to a motor vehicle wagon or manually propelled cart from which food or any other items are sold which emits a sound signal more frequently than once every 10 minutes in any one street block and with a duration of more than 10 seconds for any single emission. The sound level of this sound signal shall not exceed 90 decibels at 50 feet. (Ord. 29 § 1, 1981; CC § 36.412)

8.08.130 Multiple-family dwelling units.

Notwithstanding any other provisions of this chapter it is unlawful for any person to create, maintain or cause to be maintained any sound within the interior of any multiple-family dwelling unit which causes the average sound level of 45 decibels to be exceeded in any other dwelling unit for a cumulative period of five minutes in any one hour or 50 decibels for a cumulative period of one minute in any one hour or 55 decibels at no time between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day. The monitoring procedures outlined under PMC 8.08.030 shall be followed in enforcing this section. (Ord. 29 § 1, 1981; CC § 36.413)

8.08.140 General noise regulations.

A. General Prohibitions. In the absence of objective measurement by use of a sound level meter, additionally it is unlawful for any person to make, continue, or cause to be made or continued, within the limits of the City, any disturbing, excessive or offensive noise which causes discomfort or annoyance to reasonable persons of normal sensitivity residing in the area.

B. The characteristics and conditions which should be considered in determining whether a violation of the provisions of this section exists, include, but are not limited to, the following:

1. The level of the noise;

2. Whether the nature of the noise is usual or unusual;

3. Whether the origin of the noise is natural or unnatural;

4. The level of the background noise;

5. The proximity of the noise to sleeping facilities;

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

7. The density of the inhabitation of the area within which the noise emanates;

8. The time of day or night the noise occurs;

9. The duration of the noise;

10. Whether the noise is recurrent, intermittent, or constant; and

11. Whether the noise is produced by a commercial or noncommercial activity.

C. Disturbing, Excessive or Offensive Noises. The following acts, among others, are declared to be disturbing, excessive and offensive noises in violation of this section, but said enumeration shall not be deemed to be exclusive, namely:

1. Horns, Signaling Devices, Etc. Violations for disturbing, excessive or offensive noises associated with the use or operation of horns, signaling devices, etc., on automobiles, motorcycles, or any other vehicle, except as provided in PMC 8.08.130, shall be prosecuted under applicable provisions of the California Vehicle Code.

2. Radios, Televisions, Phonographs, and Similar Devices.

a. Uses Restricted. The use, operation, or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of neighboring residents or persons of normal sensitivity residing in the area.

b. Prima Facie Violations. The operation of any such set, instrument, phonograph, television set, machine or similar device between the hours of 10:00 p.m. and 8:00 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.

3. Loud Speaking Amplifiers for Advertising. The use, operation, or the permitting to be played, used or operated of any sound production or reproduction device or machine including but not limited to radio receiving sets, phonographs, musical instruments, loud-speakers, and sound amplifiers, for commercial or business advertising purposes in, upon, over, or across any street, alley, sidewalk, park, or public property in such a manner as to violate the provisions of this chapter is prohibited. This provision shall not be applicable to sound amplifying equipment mounted on any sound truck or vehicle for commercial or noncommercial purposes where the owner or operator complies with the following requirements:

a. The only sound permitted is music or human speech.

b. Operations are permitted between the hours of 8:00 a.m. and 9:00 p.m. or after 9:00 p.m. during public events and affairs of interest to the general public.

c. Sound amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least 10 miles per hour, except when said truck is stopped or impeded by traffic. Where stopped by traffic the said sound amplifying equipment shall not be operated for longer than one minute at each stop.

d. Sound shall not be issued within 100 yards of hospitals, schools, churches, or courthouses.

e. The human speech and music amplified shall not be profane, lewd, indecent or slanderous.

f. The volume of sound shall be controlled so that said volume is not raucous, jarring, disturbing, or a nuisance to persons within the area of audibility and so that the volume of sound shall not exceed a sound level of 65 decibels (on the “A” scale) at a distance of 50 feet from the sound amplifying equipment as measured by a sound level meter which meets the American National Standard ANSI S1. 4-1971 or the latest revision thereof.

g. No sound amplifying equipment shall be operated unless the axis of the center of any sound reproducing equipment used shall be parallel to the direction of travel of the sound truck; provided, however, that any sound reproducing equipment may be so placed upon said sound truck as to not vary more than 15 degrees either side of the axis of the center of the direction of travel.

h. No sound truck with its amplifying device in operation shall be driven on the same street past the same point more than twice in a period of one hour.

4. Yelling, Shouting, Etc. Disturbing or raucous yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 10:00 p.m. and 8:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of neighboring residents or persons of normal sensitivity within the area for whatever reason, is prohibited.

5. Hawkers and Peddlers. The shouting or crying out of any peddlers, hawkers, and vendors which disturbs the peace and quiet of a neighborhood or persons of normal sensitivity is prohibited. This provision shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at sporting events, parades, fairs, celebrations, festivals, circuses, carnivals and other similar special events for public entertainment.

6. Drums and Other Instruments. The use of any drum or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the City is prohibited. This provision shall not apply to any person who is a participant in a school band or legally authorized parade or who has been otherwise duly authorized by the City to engage in such conduct.

7. Animals and Fowls. The keeping or maintenance, or the permitting to be kept or maintained upon any premises owned, occupied, or controlled by any person of any animal or fowl which by any frequent or long continued noise shall cause annoyance or discomfort to persons of normal sensitivity in the vicinity; provided, however, that nothing contained in this chapter shall be construed to apply to occasional noises emanating from legally operated dog and cat hospitals, humane societies, pounds, farm and/or agricultural facilities, or areas where keeping of animals or fowls are permitted. The written affirmation by two persons having separate residences that violation of this section disturbs the peace and quiet of said persons shall be prima facie evidence of a violation of this section.

8. Schools, Courts, Churches and Hospitals. The creation of any noise on any street, sidewalk, or public place adjacent to any school, institution of learning (except recreational areas of schools), church, court or library, while the same are in use; or adjacent to a hospital, rest home, or long-term medical or mental care facility which noise interferes with the workings of such institution or which disturbs or annoys patients in the hospital, rest home, or long-term medical or mental care facility, provided conspicuous signs are displayed in such streets, sidewalks, or public places indicating the presence of a school, institution of learning, church, court, library, rest home or long-term medical or mental care facility, is prohibited.

9. Steam Whistles. The operation, use or causing to be operated or used any steam whistle attached to any stationary boiler is prohibited except to give notice of the time to start or stop work or as a sound signal of imminent danger.

10. Engines and Motor Vehicles. Any disturbing or raucous noises caused off streets or highways by racing or accelerating the engine of any motor vehicle while moving or not moving, by the wilful backfiring of any engine and exhaust from the engine tailpipe or muffler, or from the screeching of tires, is prohibited.

11. No person shall operate or permit the operation of any sound amplification system from a motor vehicle not being operated upon a highway which can be heard outside the vehicle from 150 or more feet, unless that system is being operated to request assistance or warn of a hazardous situation.

This section does not apply to authorized emergency vehicles or vehicles operated by gas, electric, communications or water utilities. This section does not apply to the sound systems of vehicles used for advertising, or in parades, political or other special events, provided that such systems comply with all other requirements of local ordinance and State law. (Ord. 312 § 1, 1990; Ord. 29 § 1, 1981; CC § 36.414)

8.08.150 Burglar alarms.

A. Any building burglar alarm must have an automatic cutoff, capable of terminating its operation within 30 minutes of the time it is activated, unless such an alarm is located within an agricultural or estate zone. Notwithstanding the requirements of this provision, any member of the Police Department of the City shall have the right to take such steps as may be reasonable and necessary to disconnect any such alarm during the period of its activation.

B. No owner of a motor vehicle shall have in operation an audible burglar alarm therein unless such burglar alarm shall be capable of terminating its operation within 15 minutes of the time it is activated. Notwithstanding the requirements of this provision, any member of the Police Department of the City shall have the right to take such steps as may be reasonable and necessary to disconnect any such alarm installed on a motor vehicle at any time during the period of its activation.

C. Any motor vehicle upon which a burglar alarm has been installed shall, when parked on a public highway or parking lot open to the public, prominently display the telephone number at which communication may be made with the owner of such motor vehicle. (Ord. 29 § 1, 1981; CC § 36.415)

8.08.160 Aircraft.

Violations for exceeding applicable noise level limits as to persons operating aircraft shall be prosecuted under applicable law. (Ord. 29 § 1, 1981; CC § 36.416)

8.08.170 Exemptions.

A. Emergency Work. The provisions of this chapter shall not apply to any emergency work as defined in this chapter; provided, that:

1. The Noise Control Officer has been notified in advance, if possible, or as soon as practical after said emergency; and

2. Any vehicle device, apparatus, or equipment used, related to or connected with emergency work is designed, modified, or equipped to reduce sounds produced to the lowest possible level consistent with effective operation of such vehicle, device, apparatus, or equipment.

B. Sporting, Entertainment and Public Events. The provisions of this chapter shall not apply to:

1. Those reasonable sounds emanating from authorized school bands, school athletic and school entertainment events;

2. Sporting, entertainment and public events which are conducted pursuant to a license or permit issued by the City for which noise has been a consideration;

3. Those reasonable sounds emanating from a sporting, entertainment, or public event; provided, however, it is unlawful to exceed those levels set forth in PMC 8.08.040 when measured at or within the property lines of any property which is developed and used either in part or in whole for residential purposes unless a variance has been granted allowing sounds in excess of said levels.

C. Federal or State Preempted Activities. The provisions of this chapter shall not apply to any activity to the extent regulation thereof has been preempted by State or Federal law.

D. Minor Maintenance to Residential Property. The provisions of PMC 8.08.040 shall not apply to noise sources associated with minor maintenance to property used either in part or in whole for residential purposes provided said activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday, or between the hours of 10:00 a.m. and 8:00 p.m. on Sunday.

E. Agricultural Operations. The provisions of PMC 8.08.040 shall not apply to equipment associated with agricultural operations conducted on agriculturally zoned property; provided, that all equipment and machinery powered by internal-combustion engines is equipped with a proper muffler and air intake silencer in good working order, and; provided further, that:

1. Operations do not take place between 7:00 p.m. and the following 7:00 a.m.; or

2. Such operations and equipment are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; or

3. Such operations and equipment are associated with agricultural pest control through pesticide application, provided the application is made in accordance with permits issued by, or regulations enforced by the County Department of Agriculture. (Ord. 29 § 1, 1981; CC § 36.417)

8.08.180 Manner of enforcement.

The Chief of Police shall have primary responsibility for the enforcement of PMC 8.08.050, 8.08.070, 8.08.080, 8.08.120, 8.08.140 and 8.08.150; provided, however, that whenever noise level measurements are required for enforcement, the Chief of Police shall be assisted by the noise control officer and/or his duly authorized representatives with instrumentation operated and provided by the noise control officer. The noise control officer shall have primary responsibility for the enforcement of all other provisions of this chapter. Pursuant to Penal Code Section 836.5 the above specified enforcement officers may arrest a person without a warrant when they have reasonable cause to believe that the person has committed an infraction in their presence which is a violation of this chapter. Violations of these regulations will be prosecuted in the same manner as other infraction violations of the City Code; however, nothing in these regulations shall prevent the Chief of Police or noise control officer or his duly authorized representatives from efforts to obtain voluntary compliance by way of warning, notice or educational means. (Ord. 29 § 1, 1981; CC § 36.418)

8.08.190 False statement.

No person shall knowingly make a false statement or submit a false document to the noise control officer as to any matter within his jurisdiction. (Ord. 29 § 1, 1981; CC § 36.421)

8.08.200 Reproductions of permits.

No person shall make, reproduce, alter, or cause to be made, reproduced, or altered a permit, certificate, or other document issued by the noise control officer or required by this chapter if the purpose of such reproduction or alteration is to evade or violate the provisions of this chapter. (Ord. 29 § 1, 1981; CC § 36.422)

8.08.210 Display of permits.

Any permit, certificate, or other notice required in this chapter shall be displayed or maintained on the premises designated thereon. (Ord. 29 § 1, 1981; CC § 36.423)

8.08.220 Variances.

A. The noise control officer shall evaluate all applications for variances from the requirements of this chapter and may grant said variances with respect to time for compliance, subject to such terms, conditions, and requirements as he may deem reasonable to achieving compliance with the provisions of this chapter. Each such variance shall set forth in detail the approved method of achieving compliance and a time schedule for its accomplishment.

B. If in the judgment of the noise control officer the time for compliance cannot be reasonably determined, a variance to cause the noise may be issued for a specified period of time, subject to revocation or modification after review by the noise control officer at interim times to be designated by the noise control officer in the variance.

C. In determining the reasonableness of the terms of any proposed variance, said noise control officer shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area of impingement by the noise, operations carried on under existing nonconforming rights or conditional use permits or zone variances, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of the equipment and general public interest and welfare. (Ord. 29 § 1, 1981; CC § 36.424)

8.08.230 Applications for permits and variances.

Every applicant for a permit or variance required by this chapter shall file with the noise control officer a written application on a form prescribed by said officer. The application shall state the name and address of the applicant, the nature of the noise source involved, and such other information as the noise control officer may require. (Ord. 29 § 1, 1981; CC § 36.425)

8.08.240 Application fees.

A. Every applicant, except any State or local governmental agency or public district, shall pay a fee for each application for variance. The fee amount shall be established by City Council resolution from time to time.

B. A request for a duplicative permit or variance shall be made in writing to the noise control officer within 10 days after the destruction, loss, or defacement of a permit or variance. A fee, which shall be established by City Council resolution from time to time, shall be charged, except to any State or local government agency or public district, for issuing a duplicate permit or variance. (Ord. 683 § 29, 2008; Ord. 29 § 1, 1981; CC § 36.426)

8.08.250 Extension fees.

If a permit or variance is to be extended beyond the original use termination on date of permit or variance, the extension fee shall be established by City Council resolution from time to time. (Ord. 683 § 30, 2008; Ord. 29 § 1, 1981; CC § 36.427)

8.08.260 Actions on applications.

A. The noise control officer shall act, within 30 days, if possible, on an application for a permit or variance and shall notify the applicant in writing by mail or in person of the action taken, namely, approval, conditional approval, or denial. Notice of the action taken shall be deemed to have been given when the written notification has been deposited in the mail, postpaid, addressed to the address shown on the application, or when personally delivered to the applicant or his representative. Before acting on an application for a variance or permit, the noise control officer may require the applicant to furnish further information or further plans or specifications. Failure of the applicant to provide such further information or further plans or specifications within 10 days shall be grounds for denial of the permit or variance.

B. In the event of denial of an application for a permit or variance, the noise control officer shall notify the applicant in writing of the reasons therefor. Service of this notification may be made by mail, and such service may be proved by the written acknowledgement of the persons served or affidavit of the person making the service. The noise control officer shall not accept a further application unless the applicant has complied with the objections specified by the noise control officer as his reasons for denial. (Ord. 29 § 1, 1981; CC § 36.428)

8.08.270 Applications deemed denied.

The applicant may at his option deem the permit or variance denied if the noise control officer fails to act on the application within 30 days after filing, or within 10 days after the applicant furnishes the further information, plans and specifications requested by the noise control officer, whichever is later. (Ord. 29 § 1, 1981; CC § 36.429)

8.08.280 Provision of sampling and testing facilities.

A person operating under a permit or variance shall provide and maintain such sampling and testing facilities as specified in the permit or variance. (Ord. 29 § 1, 1981; CC § 36.430)

8.08.300 Filing fee.

Request for hearing shall be initiated by the filing of a petition in triplicate with the City Clerk and the payment of a fee, which shall be established by City Council resolution from time to time. A copy of the petition shall also be made in person or by mail and service may be proved by written acknowledgement of the person served or by the affidavit of the person making the service. (Ord. 683 § 31, 2008; Ord. 29 § 1, 1981; CC § 36.432)

8.08.310 Contents of petition.

A petition to review a denial or conditional approval of a permit or variance shall include a copy of the permit or variance application, and a copy of the noise control officer’s action setting forth the reasons for the denial or the conditions of the approval, and the reasons for appeal. A petition to review a permit or variance revocation shall include a copy of the permit or variance, the noise control officer’s revocation notice, including his reasons for revocation, and the reasons for appeal. (Ord. 29 § 1, 1981; CC § 36.433)

8.08.320 Dismissal of petition.

The petitioner may dismiss his petition at any time before submission of the case to the City Council, without a hearing or meeting of the City Council. The City Clerk shall notify all interested persons of such dismissal. (Ord. 29 § 1, 1981; CC § 36.434)

8.08.330 Place of hearing.

All hearings shall be held at the City Council Chambers, 13325 Civic Center Drive, Poway, California, unless some other place is designated by the City Council. (Ord. 29 § 1, 1981; CC § 36.435)

8.08.340 Notice of hearing.

The City Clerk shall mail or deliver a notice of hearing to the practitioner and the noise control officer. (Ord. 29 § 1, 1981; CC § 36.436)

8.08.350 Evidence.

A. Oral evidence shall be taken only on oath or affirmation.

B. Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though the matter was not covered in the direct examination; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. If respondent does not testify in his own behalf, he may be called and examined as if under cross-examination.

C. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions and irrelevant and unduly repetitious evidence shall be excluded. (Ord. 29 § 1, 1981; CC § 36.437)

8.08.360 Effective date of decision.

The decision shall become effective 15 days after delivering or mailing a copy of the decision, or the hearing board may order that the decision shall become effective sooner. (Ord. 29 § 1, 1981; CC § 36.442)