Chapter 6.68
NOISE CONTROL
Sections:
6.68.020 Declaration of policy.
6.68.030 Liberal construction.
6.68.060 Sound level measurement generally.
6.68.070 Exterior noise standards.
6.68.080 Interior noise standards.
6.68.110 Schools, hospitals and churches.
6.68.120 Machinery, equipment, fans and air conditioning.
6.68.140 Waste disposal vehicles.
6.68.145 Audio devices on publicly owned property.
6.68.150 General noise regulations.
6.68.170 Noise control program – Recommendations.
6.68.210 Repealed.
6.68.220 Repealed.
6.68.010 Findings.
The Rancho Cordova city council finds:
A. Excessive, unnecessary or offensive noise within the city is detrimental to the public heath, safety, welfare and the peace and quiet of the inhabitants of the city and therefore is declared a public nuisance; and
B. Every person in the city is entitled to live in an environment free from excessive, unnecessary or offensive noise levels; and
C. The establishment of maximum permissible noise levels will further the public health, safety, welfare and peace and quiet of city inhabitants. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976].
6.68.020 Declaration of policy.
It is declared to be the policy and purpose of this chapter to assess complaints of noises alleged to exceed the ambient noise levels. Further, it is declared to be the policy to contain sound levels in the city of Rancho Cordova at their present levels with the ultimate goal of reducing such levels, when and where feasible and without causing undue burdens, to meet the noise standards set forth in this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976].
6.68.030 Liberal construction.
This chapter shall be liberally construed so as to effectuate its purposes. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976].
6.68.040 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976].
6.68.050 Definitions.
The following words, phrases and terms as used in this chapter shall have the following meanings:
“Ambient noise level” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
“City” means the city of Rancho Cordova.
“Cumulative period” means an additive period of time composed of individual time segments which may be continuous or interrupted.
“Decibel” or “dB” means a unit which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is 10 times the logarithm to the base of 10 of this ratio.
“Emergency work” means the use of any machinery, equipment, vehicle, manpower or other activity in an effort to protect, maintain, provide or restore safe conditions in the community or for citizenry, or work by private or public utilities when restoring utility service.
“Hertz” means a unit of measurement of frequency, numerically equal to cycles per second.
“Impulsive noise” means a noise characterized by brief excursions of sound pressures whose peak levels are very much greater than the ambient noise level, such as might be produced by the impact of a pile driver, punch press or a drop hammer, typically with one second or less duration.
“Noise level” means the “A” weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micropascals. The unit of measurement shall be designated as “dBA.”
“Person” means a person, firm, association, copartnership, joint venture, corporation, or any entity, public or private in nature.
“Residential property” means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.
“Simple tone noise” or “pure tone noise” means a noise characterized by the presence of a predominant frequency or frequencies such as might be produced by a whistle or hum.
“Sound level meter” means an instrument meeting the American National Standard Institute’s Standard S1.4-1971 for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
“Sound pressure level” means a sound pressure level of a sound, in decibels, as defined in ANSI Standards 51.2-1962 and 51.13-1921; that is, 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.
“Zone” means any of the zones specified in Article 2 of Chapter 1 of the Rancho Cordova zoning code as such zones are presently identified therein and as they may be subsequently modified or altered. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976].
6.68.060 Sound level measurement generally.
A. Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in RCMC 6.68.050.
B. The location selected for measuring exterior noise levels shall be at a point at least one foot inside the property line of the affected residential property. Where feasible, the microphone shall be at a height of three to five feet above ground level and shall be at least four feet from walls or similar reflecting surfaces. In the case of interior noise measurements, the windows shall be in normal seasonal configuration and the measurement shall be made at a point at least four feet from the wall, ceiling or floor nearest the affected occupied area. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976].
6.68.070 Exterior noise standards.
A. The following noise standards, unless otherwise specifically indicated in this chapter, shall apply to all properties within a designated noise area:
|
Noise Area |
City Zoning Districts |
Time Period |
Exterior Noise Standard |
|---|---|---|---|
|
1 |
RE-1, RD-1, RE-2, RD-2, RE-3, RD-3, RD-4, R-1-A, RD-5, R-2, RD-10, R-2A, RD-20, R-3, RD-30, RD‑40, RM-1, RM-2, A-1-B, AR-1, A-2, AR-2, A‑5, AR-5 |
7:00 a.m. – 10:00 p.m. |
55 dBA |
|
10:00 p.m. – 7:00 a.m. |
50 dBA |
B. It is unlawful for any person at any location within the city to create any noise which causes the noise levels on an affected property, when measured in the designated noise area, to exceed for the duration of time set forth following, the specified exterior noise standards in any one hour by:
|
Cumulative Duration of the Intrusive Sound |
Allowance Decibels |
|---|---|
|
1. Cumulative period of 30 minutes per hour |
0 |
|
2. Cumulative period of 15 minutes per hour |
+ 5 |
|
3. Cumulative period of 5 minutes per hour |
+10 |
|
4. Cumulative period of 1 minute per hour |
+15 |
|
5. Level not to be exceeded for any time per hour |
+20 |
C. Each of the noise limits specified in subsection (B) of this section shall be reduced by five dBA for impulsive or simple tone noises, or for noises consisting of speech or music.
D. If the ambient noise level exceeds that permitted by any of the first four noise-limit categories specified in subsection (B) of this section, the allowable noise limit shall be increased in five-dBA increments in each category to encompass the ambient noise level. If the ambient noise level exceeds the fifth noise level category, the maximum ambient noise level shall be the noise limit for that category. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 490 § 2, 1981; SCC 254 § 1 (part), 1976].
6.68.080 Interior noise standards.
A. In any apartment, condominium, townhouse, duplex or multiple dwelling unit, it is unlawful for any person to create any noise from inside his unit that causes the noise level when measured in a neighboring unit during the periods 10:00 p.m. to 7:00 a.m. to exceed:
1. Forty-five dBA for a cumulative period of more than five minutes in any hour;
2. Fifty dBA for a cumulative period of more than one minute in any hour;
3. Fifty-five dBA for any period of time.
B. If the ambient noise level exceeds that permitted by any of the noise level categories specified in subsection (A) of this section, the allowable noise limit shall be increased in five-dBA increments in each category to encompass the ambient noise level. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976].
6.68.090 Exemptions.
The following activities shall be exempted from the provisions of this chapter:
A. School bands, school athletic and school entertainment events;
B. Outdoor gatherings, public dances, shows and sporting and entertainment events, provided said events are conducted pursuant to a license or permit by the city;
C. Activities conducted on parks, public playgrounds and school grounds, provided such parks, playgrounds and school grounds are owned and operated by a public entity or private school;
D. Any mechanical device, apparatus or equipment related to or connected with emergency activities or emergency work;
E. Noise sources associated with construction, repair, remodeling, demolition, paving or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 6:00 a.m. on weekdays and Friday commencing at 8:00 p.m. through and including 7:00 a.m. on Saturday; Saturdays commencing at 8:00 p.m. through and including 7:00 a.m. on the next following Sunday and on each Sunday after the hour of 8:00 p.m.; provided, however, when an unforeseen or unavoidable condition occurs during a construction project and the nature of the project necessitates that work in process be continued until a specific phase is completed, the contractor or owner shall be allowed to continue work after 8:00 p.m. and to operate machinery and equipment necessary until completion of the specific work in progress can be brought to conclusion under conditions which will not jeopardize inspection acceptance or create undue financial hardships for the contractor or owner;
F. Noise sources associated with agricultural operations, provided such operations do not take place between the hours of 8:00 p.m. and 6:00 a.m.;
G. All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of adverse weather conditions or when the use of mobile noise sources is necessary for pest control;
H. Noise sources associated with maintenance of residential area property, provided said activities take place between the hours of 6:00 a.m. and 8:00 p.m. on any day except Saturday or Sunday, or between the hours of 7:00 a.m. and 8:00 p.m. on Saturday or Sunday;
I. Any activity, to the extent provisions of Chapter 65 of Title 42 of the United States Code and Articles 3 and 3.5 of Chapter 4 of Part 1 of Division 9 of the Public Utilities Code of the state of California preempt local control of noise regulations and land use regulations related to noise control of airports and their surrounding geographical areas, any noise source associated with the construction, development, manufacture, maintenance, testing or operation of any aircraft engine, or of any weapons system or subsystems which are owned, operated or under the jurisdiction of the United States, or any other activity to the extent regulation thereof has been preempted by state or federal law or regulation;
J. Any noise sources associated with the maintenance and operation of aircraft or airports which are owned or operated by the United States. [Ord. 38-2007 § 1 (Exh. 1(E)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976].
6.68.110 Schools, hospitals and churches.
It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church, while the same is in use, to exceed the noise standards specified in RCMC 6.68.070 or to create any noise which unreasonably interferes with the use of such institution or unreasonably disturbs or annoys patients in the hospital. In any disputed case, interfering noise which is 10 dBA or more greater than the ambient noise level at the building shall be deemed excessive and unlawful. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976].
6.68.120 Machinery, equipment, fans and air conditioning.
A. It is unlawful for any person to operate any mechanical equipment, pump, fan, air conditioning apparatus, stationary pumps, stationary cooling towers, stationary compressors, similar mechanical devices, or any combination thereof installed after July 1, 1976, in any manner so as to create any noise which would cause the maximum noise level to exceed:
1. Sixty dBA at any point at least one foot inside the property line of the affected residential property and three to five feet above ground level;
2. Fifty-five dBA in the center of a neighboring patio three to five feet above ground level;
3. Fifty-five dBA outside of the neighboring living area window nearest the equipment location. Measurements shall be taken with the microphone not more than three feet from the window opening but at least three feet from any other surface.
B. Equipment installed five years after July 1, 1976, must comply with a maximum limit of 55 dBA at any point at least one foot inside the property line of the affected residential property and three to five feet above ground level.
C. Equipment installed before December 17, 1970, must comply with a limit of 65 dBA maximum in sound level at any point at least one foot inside the affected property line and three to five feet above ground level by January 1, 1977. Equipment installed between December 16, 1970, and July 1, 1976, must comply with a limit of 65 dBA maximum sound level at any point at least one foot inside the property line of the affected residential property and three to five feet above ground level. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976].
6.68.130 Off-road vehicles.
It is unlawful for any person to operate any motorcycle or recreational off-road vehicle within the city in such a manner that the noise level exceeds the exterior noise standards specified in RCMC 6.68.070. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976].
6.68.140 Waste disposal vehicles.
A. It is unlawful for any person authorized to engage in waste disposal service or garbage collection to operate any truck-mounted waste or garbage loading and/or composting equipment or similar mechanical device in any manner so as to create any noise exceeding the following levels, when measured at a distance of 50 feet from the equipment in an open area:
1. New equipment purchased or leased on or after a date six months from July 1, 1976, shall not exceed a noise level of 80 dBA.
2. New equipment purchased or leased on or after 42 months from July 1, 1976, shall not exceed a noise level of 75 dBA.
3. Present equipment shall not exceed a noise level of 80 dBA on or after five years from July 1, 1976.
B. The provisions of this section shall not abridge or conflict with the powers of the state over motor vehicle control. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976].
6.68.145 Audio devices on publicly owned property.
Notwithstanding any other provision of this code and in addition thereto, it is unlawful for any person to permit or cause any noise, sound, music or program to be emitted from any radio, tape player, tape recorder, record player, television or other audio device outdoors on or in any publicly owned property, park or place when such noise, sound, music or program is audible to a person of normal hearing sensitivity 100 feet from said radio, tape player, tape recorder, record player, television or other audio device.
A. As used herein, “a person of normal hearing sensitivity” means a person who has a hearing threshold level of between zero decibels and 25 decibels HL averaged over the frequencies 500, 1,000 and 2,000 Hertz.
B. Notwithstanding any other provision of this code, any person violating this section shall be guilty of an infraction and, upon conviction thereof, is punishable by a fine not exceeding $50.00 for a first violation, a fine not exceeding $100.00 for a second violation of this section within one year, and a fine not exceeding $250.00 for each additional violation of this section within one year. A person who violates the provisions of this section shall be deemed to be guilty of a separate offense for each day, or portion thereof, during which the violation continues or is repeated.
C. Notwithstanding RCMC 6.60.010 and 6.68.190 or any other provision of this code, no citation or notice to appear shall be issued or criminal complaint shall be filed for a violation of this section unless the offending party is first given a verbal or written notification of violation by any peace officer, public officer, park ranger or other person charged with enforcing this section and the offending party given an opportunity to correct said violation.
D. This section shall not apply to broadcasting from any aircraft, vehicle or stationary sound-amplifying equipment as defined and regulated in Chapter 5.56 RCMC or to the use of radios, tape players, tape recorders, record players, televisions or other audio devices in the course of an assembly or festival for which a license has been issued pursuant to RCMC 9.36.072 or a parade for which a permit has been issued pursuant to RCMC 10.32.020 or any other activity, assembly or function for which a permit or license has been duly issued pursuant to any provision of this code. [Ord. 38-2007 § 1 (Exh. 1(E)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 490 § 1, 1981].
6.68.150 General noise regulations.
A. Notwithstanding any other provisions of this chapter and in addition thereto, it is unlawful for any person to willfully make or continue or cause to be made or continued any loud, 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 sound level of the objectionable noise;
2. The sound level of the ambient noise;
3. The proximity of the noise to residential sleeping facilities;
4. The nature and zoning of the area within which the noise emanates;
5. The density of the inhabitation of the area within which the noise emanates;
6. The time of day or night the noise occurs;
7. The duration of the noise and its tonal, informational or musical content;
8. Whether the noise is continuous, recurrent or intermittent;
9. Whether the noise is produced by a commercial or noncommercial activity. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976].
6.68.160 Administration.
The administration of this chapter is vested in the Rancho Cordova health officer. The health officer shall be responsible for:
A. Employing individuals trained in acoustical engineering or an equivalent field to assist the health officer in the administration of this chapter;
B. Training field inspectors;
C. Procuring measuring instruments and training inspectors in their calibration and operation;
D. Conducting a public education program in all aspects of noise control;
E. Coordinating the noise control program with other governmental agencies. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976].
6.68.170 Noise control program – Recommendations.
At least every third year following July 1, 1976, the health officer shall evaluate the effectiveness of the noise control program in Rancho Cordova and shall make recommendations to the city council for its improvement. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976].
6.68.180 Rules and standards.
Within one year after July 1, 1976, the health officer, with the advice and assistance of other appropriate governmental agencies, shall investigate and recommend to the city council the following:
A. Rules and procedures to be used in measuring noise;
B. Noise standards for motor vehicle operation within the city. However, nothing within this chapter shall be deemed to abridge or conflict with the powers of the state over motor vehicle control;
C. Noise standards governing the construction, repair or demolition of a structure, including streets and other thoroughfares;
D. Recommendations, if appropriate, for the establishment of sound level standards for nonresidentially zoned areas within the city. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976].
6.68.190 Violation.
Upon the receipt of a complaint from any person, the Rancho Cordova chief of police, the city health officer, or their duly authorized representatives may investigate and assess whether the alleged noise levels exceed the noise standards set forth in this chapter. If such officers have reason to believe that any provision(s) of this chapter have been violated, they may cause written notice to be served upon the alleged violator. Such notice shall specify the provision(s) of this chapter alleged to have been violated and the facts alleged to constitute a violation, including dBA readings noted and the time and place of their detection, and may include an order that corrective action be taken within a specified time. If corrective action is not taken within such specified time or any extension thereof approved by the city health officer, upon conviction the violation shall constitute an infraction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. [Ord. 3-2019 § 4 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 576 § 6, 1983; SCC 254 § 1 (part), 1976. Formerly 6.68.230].
6.68.200 Other remedies.
A. Provisions of this chapter are to be construed as an added remedy of abatement of the public nuisance declared and not in conflict or derogation of any other action, proceedings or remedies provided by law.
B. Any violation of the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance, and the duly constituted authorities of the city shall, upon order of the city council, immediately commence actions or proceedings for the abatement or enjoinment thereof in the manner provided by law and shall take such steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate such nuisance. [Ord. 3-2019 § 4 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976. Formerly 6.68.240].
6.68.210 Hearing board.
Repealed by Ord. 3-2019. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 360 § 1, 1978; SCC 351 § 1, 1978; SCC 273 § 1, 1976; SCC 254 § 1 (part), 1976].
6.68.220 Appeals.
Repealed by Ord. 3-2019. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 254 § 1 (part), 1976].