Chapter 8.40
NOISE CONTROL
Sections:
8.40.010 Declaration of findings and policy.
8.40.030 Land use compatibility standards.
8.40.040 Mobile noise source standards.
8.40.050 Stationary noise source standards, exterior and interior.
8.40.060 Sensitive uses development projects.
8.40.080 Loud and disturbing noise.
8.40.090 Construction activity noise regulations.
8.40.100 Other public agency exceptions.
8.40.120 Sound-amplifying equipment.
8.40.140 Heating, venting, pool/spa and air conditioning—Special provisions.
8.40.160 Noise level measurement.
8.40.170 Prima facie violation.
8.40.190 Enforcement and administration.
8.40.210 Noise abatement program.
8.40.010 Declaration of findings and policy.
It is hereby found and declared that:
A. The making and creation of excessive, unnecessary or unusually loud noises within the limits of the city of San Jacinto is a condition that has existed for some time; however, the extent and volume of such noises is increasing; and
B. The making, creation or maintenance of such excessive, unnecessary, unnatural or unusually loud noises that are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city of San Jacinto; and
C. The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the residents of the city of San Jacinto. (Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part))
8.40.020 Definitions.
As used in this chapter, specific words and phrases are defined as follows:
“A-weighted sound level” shall mean the sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear. A numerical method of rating human judgment of loudness.
“Ambient noise level” shall mean the composite of noise from all sources, near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.
“Community noise equivalent level (CNEL)” shall mean the average equivalent A-weighted sound level during a twenty-four (24) hour day, obtained after the addition of five decibels to sound levels in the evening from seven to ten p.m. and after the addition of ten (10) decibels to sound levels in the night between ten p.m. and seven a.m.
“Decibel (dBA)” shall mean a unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of pressure of the sound measured to the reference pressure of twenty (20) micro-pascals.
“Equivalent sound or noise level (Leq)” shall mean the sound level corresponding to a steady noise level over a given sample period with the same amount of acoustic energy as the actual time-varying noise level. The energy average noise level during the sample period.
“Habitable room” shall mean any room meeting the requirements of the California Building Code or other applicable regulations which is intended to be used for sleeping, living, cooking, or dining purposes, excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, and similar spaces.
“Impulsive noise” shall mean a noise of short duration usually less than one second and of high intensity, with an abrupt onset and rapid decay. Such objectionable noises may also be repetitive.
“Intrusive noise” shall mean that noise that intrudes over and above the ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency, time of occurrence and tonal information content, as well as the prevailing ambient noise level.
“L(n)” shall mean the A-weighted sound level exceeded during a certain percentage of the sample time. For example, L10 in the sound level exceeded ten percent (10%) of the sample time. Similarly, L50, L90, L99, etc.
“Noise” shall mean any unwanted sound or sound that is undesirable because it interferes with speech and hearing, is intense enough to damage hearing, or is otherwise annoying.
“Outdoor living area” shall mean outdoor spaces that are associated with residential land uses typically used for passive recreational activities or other noise-sensitive uses. Such spaces include patio areas, barbecue areas, jacuzzi areas, etc., associated with residential uses; outdoor patient recovery or resting areas associated with hospitals, convalescent hospitals, or rest homes; outdoor areas associated with places of worship which have a significant role in services or other noise-sensitive activities; and outdoor school facilities routinely used for educational purposes which may be adversely impacted by noise. Outdoor areas usually not included in this definition are: front yard areas, driveways, greenbelts, maintenance areas and storage areas associated with residential land uses; exterior areas at hospitals that are not used for patient activities; outdoor areas associated with places of worship and principally used for short-term social gatherings; and outdoor areas associated with school facilities that are not typically associated with educational uses prone to adverse noise impacts (for example, school play yard areas).
“Single event noise exposure level (SENEL)” shall mean the dBA level which, if it lasted for one second, would produce the same A-weighted sound energy as the actual event.
“Sound level (noise level)” shall mean the weighted sound pressure level obtained by use of a sound level meter having a standard frequency filter for attenuating part of the sound spectrum.
“Sound level meter” shall mean an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement and determination of noise and sound levels. (Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part))
8.40.030 Land use compatibility standards.
The following land use compatibility standards shall apply to all development and infrastructure projects:
(Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part))
8.40.040 Mobile noise source standards.
A. The following noise standards for maximum allowable noise exposure from mobile sources shall apply to all development and infrastructure projects, unless otherwise specifically indicated:
|
Land Use |
Noise Standards1 |
|
|---|---|---|
|
|
Exterior |
Interior |
|
Residential—single-family, multifamily, duplex and mobile home |
65 dB(A) |
45 dB(A) |
|
Residential—transient lodging, hotels, motels, nursing homes, hospitals, assisted care facilities |
65 dB(A) |
45 dB(A) |
|
Private offices, churches, libraries, theaters, concert halls, meeting halls, schools |
65 dB(A) |
45 dB(A) |
|
General commercial, office, retail, reception, restaurant |
65 dB(A) |
45 dB(A) |
|
Light industrial2 |
--- |
--- |
|
Parks and playgrounds3 |
65 dB(A) |
50 dB(A) |
|
Golf courses, outdoor spectator sports |
70 dB(A) |
--- |
(1) In community noise equivalent level (CNEL).
(2) Noise standards do not apply to light industrial areas.
(3) Outdoor environment limited to playground areas, picnic areas and other areas of frequent human use.
(Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part))
8.40.050 Stationary noise source standards, exterior and interior.
A. The following noise standards for maximum allowable noise level due to stationary noise sources shall apply to all development and infrastructure projects, unless otherwise specifically indicated:
|
Type of Land Use |
Allowed Equivalent Noise Level, dBA Leq2 |
|
|---|---|---|
|
|
7:00 a.m. to 10:00 p.m. |
10:00 p.m. to 7:00 a.m. |
|
All single-family residential properties |
65 |
45 |
|
All multifamily residential properties and mobile home parks |
65 |
50 |
|
All commercial property |
65 |
60 |
|
The residential portion of mixed-use properties |
70 |
70 |
|
All manufacturing or industrial properties and all other uses |
70 |
70 |
1. If the ambient noise level exceeds the resulting standard, the ambient noise level shall be the standard.
2. Measurements for compliance are made on the affected property pursuant to Section 8.40.160.
3. It is unlawful for any person at any location within the incorporated area of the city to create noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which noise causes the noise level, when measured at any location on any other property, to exceed either of the following:
a. The noise standard for the applicable zone for any fifteen (15) minute period;
b. A maximum instantaneous (single instance) noise level equal to the value of the noise standard plus twenty (20) dBA for any period of time (measured using A-weighted slow response).
4. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under such category shall be increased to reflect the maximum ambient noise level.
5. The residential portion of mixed-use properties standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property or use if the noise originates from that commercial property or use.
6. If the measurement location is on a boundary between two different types of land uses, the lower noise level standard applicable to types of land uses shall apply.
B. The following allowable interior noise standards due to stationary noise sources shall apply to all development and infrastructure projects, unless otherwise specifically indicated:
|
Type of Land Use |
Allowed Equivalent Noise Level, dBA Leq2 |
|
|---|---|---|
|
|
7:00 a.m. to 10:00 p.m. |
10:00 p.m. to 7:00 a.m. |
|
All single-family residential properties |
45 |
40 |
|
All multifamily residential properties and mobile home parks |
45 |
40 |
|
All commercial property |
45 |
40 |
|
Residential portion of mixed use |
45 |
40 |
1. If the ambient noise level exceeds the resulting standard, the ambient noise level shall be the standard.
2. Measurements for compliance are made on the affected property pursuant to Section 8.40.160.
3. It is unlawful for any person at any location within the incorporated area of the city to create noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which noise causes the noise level, when measured at any location on any other property, to exceed either of the following:
a. The noise standard for the applicable zone for any fifteen (15) minute period;
b. A maximum instantaneous (single instance) noise level equal to the value of the noise standard plus twenty (20) dBA for any period of time (measured using A-weighted slow response).
4. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under such category shall be increased to reflect the maximum ambient noise level.
5. The residential portion of mixed-use standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property or use if the noise originates from that commercial property or use.
6. If the measurement location is on a boundary between two different types of land uses, the lower noise level standard applicable to the types of land uses shall apply. (Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part))
8.40.060 Sensitive uses development projects.
A. New residential developments, mixed-use developments with a residential component, and other noise-sensitive development (including, but not limited to, schools, day cares, hospitals) shall be designed to minimize noise exposure to sensitive uses through the incorporation of site planning and architectural techniques.
B. New discretionary projects which have the potential to generate noise impacts which exceed the standards identified in this chapter shall be required to submit acoustical studies. The studies shall include representative noise measurements, estimates of existing and projected noise levels, and mitigation measures necessary to ensure compliance with the noise standards established in this chapter. (Ord. 22-13 § 3 (Exh. A))
8.40.070 Exemptions.
The following activities shall be exempted from the provisions of this chapter:
A. Any activity conducted on public property, or on private property with the consent of the owner, by any public entity or its officers, employees, representatives, agents, subcontractors, permittees, licensees or lessees that the public entity has authorized, shall be exempt from the provisions of this chapter. This includes, without limitation, sporting and recreational activities that are sponsored, co-sponsored, permitted or allowed by the city of San Jacinto or any school district within the city’s jurisdictional boundaries. This also includes, without limitation, occasional outdoor gatherings, public dances, shows or sporting and entertainment events, provided such events are conducted pursuant to an approval, authorization, contract, lease, permit or sublease by the appropriate public entity, including the planning commission or city council;
B. Occasional outdoor gatherings, public dances, show, sporting and entertainment events, provided said events are conducted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging of said events;
C. Public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobile;
D. Noise sources associated with construction, repair, remodeling, demolition or grading of any real property. Such activities shall instead be subject to the provisions of Section 8.40.090;
E. Noise sources associated with construction, repair, remodeling, demolition or grading of public rights-of-way or during authorized seismic surveys;
F. All mechanical devices, apparatus or equipment associated with agriculture operations; provided, that:
1. Operations do not take place between eight p.m. and seven a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday; 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 California Department of Agriculture;
G. Any activity to the extent regulation thereof has been preempted by state or federal law;
H. Any noise sources associated with people and/or music associated with a party at a residential property. Such noise shall be subject to the provisions of Section 8.40.080;
I. Any noise source emanating from an ice cream truck within the city of San Jacinto. Such noise shall be subject to the provisions of Section 5.28.140;
J. Any noise sources associated with barking dogs or other intermittent noises made by animals on any property within the city of San Jacinto. Such noise shall be subject to the provisions of Section 6.24.030;
K. Property maintenance, including, but not limited to, the operation of lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours of seven a.m. and seven p.m.;
L. Noise sources related to uses approved by a permit or development agreement adopted prior to the date of adoption of the ordinance codified in this chapter and that contains acoustic or noise standard conditions of approval. This exemption shall only be applicable during the effective period of the city-approved permit or development agreement. (Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part). Formerly 8.40.060)
8.40.080 Loud and disturbing noise.
A. It is unlawful for any person or property owner within the city to make, cause or allow to be made any loud, excessive, impulsive or intrusive noise, disturbance or commotion that disturbs the peace or quiet of any area or that causes discomfort or annoyance to any reasonable person of normal sensitivities in the area. The types of loud, disturbing, excessive, impulsive or intrusive noise may include, but shall not be limited to, yelling, shouting, hooting, whistling, singing, playing a musical instrument, or emitting or transmitting any loud music or noise from any mechanical or electrical sound-making or sound-amplifying device.
B. The factors, standards, and conditions that may be considered in determining whether a violation of the provisions of this section has been committed include, but are not limited to, the following:
1. The level of the noise;
2. The level and intensity of the background (ambient) noise, if any;
3. The proximity of the noise to residential or commercial sleeping areas;
4. The nature and zoning of the area within which the noise emanates;
5. The density of inhabitation of the area within which the noise emanates;
6. The time of day and night the noise occurs;
7. The duration of the noise;
8. Whether the noise is constant, recurrent or intermittent;
9. Whether the noise is produced by a commercial or noncommercial activity;
10. Whether the use is lawful under the provisions of this code and whether the noise is one that could reasonably be expected from the activity or allowed use. (Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part). Formerly 8.40.070)
8.40.090 Construction activity noise regulations.
A. The erection (including excavation), demolition, alteration or repair of any building shall occur between the hours of seven a.m. and seven p.m. on weekdays and Saturdays, and between nine a.m. and six p.m. on Sundays and holidays, except when such work complies with the terms of a temporary use permit which may be issued by the community development director or his or her designee, upon a showing of sufficient need due to hot or inclement weather, or the use of an unusually long process material, or other circumstances of unusual and compelling nature.
B. No landowner, construction company owner, contractor, subcontractor or employer shall permit or allow any person or persons working under their direction and control to operate any tool, equipment or machine in violation of the provisions of this section.
C. Exceptions.
1. The provisions of this section shall not apply to emergency construction work performed by a private party when authorized by the city manager or his or her designee;
2. The maintenance, repair or improvement of any public work or facility by public employees, by any person or persons acting pursuant to a public works contract, or by any person or persons performing such work or pursuant to the direction of, or on behalf of, any public agency; provided, however, this exception shall not apply to the city of San Jacinto, or its employees, contractors or agents, unless:
a. The city manager or a department head determines that the maintenance, repair or improvement is immediately necessary to maintain public services; or
b. The maintenance, repair or improvement is of a nature that cannot feasibly be conducted during normal business hours; or
c. The city council has approved project specifications, contract provisions, or an environmental document that specifically authorizes construction during hours of the day that would otherwise be prohibited pursuant to this section;
3. Any construction that complies with the noise limits specified in Section 8.40.040 or 8.40.050. (Ord. 22-13 § 3 (Exh. A); Ord. 15-07 § 1; Ord. 07-17 § 2 (part))
8.40.100 Other public agency exceptions.
The provisions of this chapter shall not be construed to prohibit any work at different hours by or under the direction of any other public agency or public or private utility company in cases of necessity or emergency. (Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part))
8.40.110 Schools, day care centers, churches, libraries, museums, health care institutions—Special provisions.
It is unlawful for any person to create any noise that causes the outdoor noise level at any school, day care center, hospital or similar health care institution, church, library or museum while the same is in use, to exceed the noise standards specified in this chapter. (Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part))
8.40.120 Sound-amplifying equipment.
Loudspeakers, sound amplifiers, public address systems or similar devices used to amplify sounds shall be subject to the provisions of Section 8.40.130. Such sound-amplifying equipment shall not be construed to include electronic devices, including, but not limited to, radios, tape players, tape recorders, compact disc players, MP3 players, electric keyboards, music synthesizers, record players or televisions, which are designed and operated for personal use, or used entirely within a building and are not designed or used to convey the human voice, music or any other sound to an audience outside such building, or which are used in vehicles and heard only by occupants of the vehicle in which installed. (Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part))
8.40.130 Amplified sound.
A. The city council enacts the following legislation for the sole purpose of securing and promoting the public health, comfort, safety and welfare for its citizenry. While recognizing that the use of sound-amplifying equipment may be entitled to certain protection by the constitutional rights of freedom of speech and assembly, the city council finds that in order to protect the public safety and the correlative rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise, reasonable regulation of the time, place and manner of the use of amplifying equipment is necessary. In no event shall approval or authorization required herein be withheld by reason of the constitutionally protected content of any material proposed to be broadcast through amplifying equipment.
B. It is unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use or operate a loudspeaker or sound-amplifying device in a fixed or movable position or mounted upon any vehicle within the city for the purpose of giving instructions, directions, talks, addresses or lectures to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place or public property without a permit to do so from the police chief or his or her designee. Notwithstanding any other provision of this chapter, the provisions of this section shall also apply to the use of sound-amplifying equipment upon public or private property when used in connection with outdoor or indoor public or private events, whether or not admission is charged or food or beverages are sold, when such activity is to be attended by more than one hundred (100) persons and the noise emanating from the event will be audible at the property plane, or, in the case of a street dance or concert, on the nearest residential property. Those activities listed in Section 8.40.070(A) are exempt from the requirements of this section.
C. The police chief or his or her designee is authorized to approve and issue permits under this section.
D. An application for a permit required by this section shall be filed with the police chief at least sixteen (16) days and no more than one hundred twenty (120) days prior to the date on which the sound-amplifying equipment is intended to be used. Applications for events covered by the First Amendment of the United States Constitution are exempt from the time requirements of this section if it is shown that circumstances require a shorter filing period and the event will not constitute an unsafe condition. The application shall contain the following information:
1. The name, address and telephone number of both the owner and the user of the sound-amplifying equipment;
2. The license number, if a sound truck is to be used;
3. A general description of the sound-amplifying equipment which is to be used;
4. Whether sound-amplifying equipment will be used for commercial or noncommercial purpose;
5. The dates and times upon and within which, and the streets or property over or upon which, the equipment is proposed to be operated;
6. The name or names of one or more persons who will be present during the conduct of any activities for which registration is sought and who will have authority to reduce the volume of any sound-amplifying equipment during the course of the activities if required pursuant to this chapter and, otherwise, to ensure compliance with the provisions of this chapter;
7. A statement by the applicant that he or she is willing and able to comply with the provisions of this chapter and the conditions of the permit;
8. A sketch of the area or facilities within which the activities are to be conducted, with approximate dimensions and illustration of the location and orientation of all sound-amplifying equipment.
E. The police chief shall deny the permit application or revoke any permit if the chief finds any of the following:
1. The application contains materially false or intentionally misleading information; or
2. The use of sound-amplifying equipment at an event or activity proposed will be located in or upon a premises, building or structure that is hazardous to the health or safety of the employees or patrons of the premises, business, activity, or event, or the general public, under the standards established by the International Building or Fire Code, or other applicable codes, as set forth in this title and Title 15; or
3. The use of sound-amplifying equipment at an event or activity proposed in or upon a premises, building or structure that lacks adequate on-site parking for participants attending the proposed event or activity under the applicable standards set forth in Article 15 of the San Jacinto Zoning Ordinance; or
4. The conditions of any motor vehicle movement are such that, in his or her opinion, the use of the equipment would constitute an unreasonable interference with traffic safety; or
5. The conditions of pedestrian movement are such that the use of the equipment would constitute a detriment to traffic safety; or
6. The application submitted by the applicant reveals that the applicant would violate the provisions of this section or any other provision of federal, state and/or local law; or
7. The applicant is unwilling or unable to comply with the provisions of this chapter or any conditions imposed upon any permit issued; or
8. There had already been a permitted event at the intended location, or within a two hundred (200) yard radius of the intended location and the prior permitted event was located on residentially zoned property or on a street, alley, public parking lot or neighborhood park within three months prior to the intended event. Community parks are exempt from this subsection (E)(8); or
9. The applicant or location has had previous violations within the past calendar year, and in the judgment of the police chief, issuance would be contrary to the intent of this section.
F. In determining whether the use of the equipment would constitute an unreasonable interference with or detriment to traffic safety, the police chief shall consider, but shall not necessarily be limited to:
1. The volumes, patterns and speed of vehicular and pedestrian traffic in the proposed area of use;
2. The relationship of the proposed use of equipment and potential impacts upon traffic patterns;
3. Availability of sufficient room for the operation of the equipment without significantly interfering with the traffic patterns;
4. Proximity to schools, playgrounds and similar facilities where use of such equipment might attract children into traffic patterns;
5. Proximity to busy intersections or other potentially hazardous conditions where use of such equipment might constitute a hazard by reason of its tendency to distract drivers of vehicles or pedestrians.
G. Issuance or Denial.
1. If the application is approved, the police chief shall return an approved copy of the application to the applicant and shall issue a permit. The permit shall constitute permission for the use of the sound-amplifying equipment as requested.
2. Any application filed shall be either approved or disapproved within five days of the filing thereof.
3. If the application is disapproved, the police chief shall return a disapproved copy forthwith to the applicant with a written statement on the reason for disapproval.
a. Any person aggrieved by a decision of the police chief or his or her designee may file an appeal to the city manager. A complete and proper appeal shall be filed with the city clerk within ten (10) calendar days of the action that is the subject of the appeal. If the applicant fails to file an appeal within the ten (10) day filing period provided herein, denial shall take effect immediately upon expiration of such filing period. All appeals shall be in writing and shall contain the following information: (i) name(s) of the person filing the appeal, (ii) a brief statement in ordinary and concise language of the relief sought, and (iii) the signatures of all parties named as appellants and their mailing addresses. After receiving the appeal, the city clerk shall immediately forward the matter to the city manager for handling.
b. The city manager shall, upon receipt of the appeal, set the matter for hearing before the city manager or a hearing officer. Any hearing officer shall be a licensed attorney or recognized mediator designated by the city manager. The hearing shall be set for not more than ten (10) calendar days after the receipt of the appeal unless a longer time is requested or consented to by the appellant. Notice of such hearing shall be given in writing and mailed at least five calendar days prior to the date of the hearing, by United States mail, with a proof of service attached, addressed to the address listed on the permit application, or the written appeal if different from the permit application. The notice shall state the grounds of the complaint or reason for the denial and shall state the time and place where such hearing will be held.
c. The city manager or hearing officer shall, within ten (10) calendar days following the conclusion of the hearing, make a written finding and decision, which shall be delivered to the city and the appellant by first class mail. Notwithstanding any provisions in this code, the decision of the city manager or hearing officer shall be the final administrative decision of the city of San Jacinto. Any party dissatisfied with the decision of the city manager or hearing officer may seek review of such decision under the provisions of Code of Civil Procedure Sections 1094.5 and 1094.8, as amended from time to time.
H. In addition to any other provisions of this code, the use of sound-amplifying equipment and sound trucks in the city shall be subject to the following regulations:
1. The only sounds permitted are music and human speech;
2. Sound shall not be emitted within one hundred (100) yards of hospitals, churches, schools and City Hall;
3. The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred (100) feet from the sound-amplifying equipment or sound truck, and so that the volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the range of allowed audibility;
4. The sound-amplifying equipment or sound truck shall not be used between the hours of eight p.m. and eight a.m. (Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part))
8.40.140 Heating, venting, pool/spa and air conditioning—Special provisions.
Permits for heating, venting and air conditioning (HVAC) and pool/spa equipment in or adjacent to residential areas shall be issued only after the installation contractor signs an acknowledgment that the installation will meet the noise limits established in Section 8.40.050. Applications for residential mechanical permits for air conditioners may use the methodology specified in Standard 275 “Standard Application of Sound Rated Outdoor Unitary Equipment” of the Air Conditioning and Refrigeration Institute (ARI), 1984, as amended. Applicants of mechanical permits for commercial HVAC equipment shall be required to submit a detailed acoustical study that demonstrates compliance with the noise limits established in Section 8.40.050. (Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part))
8.40.150 Motor vehicles.
The use of any motor vehicle in such a condition as to create excessive, impulsive or intrusive noises is prohibited. The discharge into the open air of the exhaust of any internal combustion engine, stationary or mounted on wheels, motorboat or motor vehicle, including motorcycle, whether or not discharged through a muffler or other similar device, which discharge creates excessive, unusual, impulsive or intrusive noise is prohibited. Motor vehicles shall comply with the noise regulations of the California Vehicle Code. (Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part))
8.40.160 Noise level measurement.
A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner or, if occupied by someone other than the owner, the occupant of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shall be at the closest point to the noise source. The measurement microphone height shall be five feet above finish elevation or, in the case of a deck or balcony, the measurement microphone height shall be five feet above the finished floor level.
B. The location selected for measuring interior noise levels shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling or floor, or within the frame of a window opening, nearest the noise source. The measurements shall be made with windows in an open position.
C. Any decibel measurement made pursuant to the provisions of this chapter shall be measured in decibels (dBAs) as measured with a sound level meter using the A-weighted sound pressure level. (Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part))
8.40.170 Prima facie violation.
Any noise exceeding the noise level standard as specified in Sections 8.40.040 and 8.40.050 shall be deemed to be prima facie evidence of a violation of the provisions of this chapter. (Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part))
8.40.180 Penalty.
A. Any person who negligently or knowingly violates any provision of this chapter shall be guilty of an infraction and upon conviction shall be punishable by a fine specified in Section 1.24.030. Each day a violation occurs shall constitute a separate offense and shall be punishable as such.
B. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions of this chapter, which operation or maintenance causes or creates sound levels exceeding the allowable standards as specified in this chapter, shall be deemed and is declared to be a public nuisance and may be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction.
C. Any violation of this chapter is declared to be a public nuisance and may be abated in accordance with law. The expense of enforcing this chapter is declared to be a public nuisance and may be by resolution of the city council declared to be a lien and special assessment against the property on which such nuisance is maintained, and any such charge shall also be a personal obligation of the property owner. (Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part))
8.40.190 Enforcement and administration.
A. The police department shall have the primary responsibility for enforcing provisions of this chapter. The police department shall receive and investigate noise complaints alleged to be in violation of this chapter.
B. It shall be the responsibility of peace officers to enforce the provisions of this chapter and to perform all other functions required by this chapter. Such duties shall include, but not be limited to, investigating potential violations, issuing warning notices and citations, and providing evidence to the city prosecutor for legal action.
C. For violations of Section 8.40.080, a peace officer shall either:
1. Obtain a declaration, signed under penalty of perjury, from two declarants living in separate dwelling units, stating in detail all of the following:
a. That the declarant is a resident located within two hundred (200) yards of the noise source; and
b. Within the past month declarant has heard noise for substantially long periods to the extreme annoyance of the declarant.
2. Personally hear the subject sound and provide, at trial or any administrative hearing, percipient evidence of the loud and disturbing noise. (Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part))
8.40.200 City manager waiver.
The city manager is authorized to grant a temporary waiver to the provisions of this chapter for a period of time necessary to correct the violations of this chapter, if such temporary waiver would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary waiver is sought. This time period may include a commitment to a program that includes placing necessary orders and entering into necessary contracts within thirty (30) days for repair or installation. (Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part))
8.40.210 Noise abatement program.
A. In circumstances where adopted community-wide noise standards and policies prove impractical in controlling noise generated from a specific source, the city council may establish a noise abatement program that recognizes the characteristics of the noise source and affected property and that incorporates specialized mitigation measures.
B. Noise abatement programs shall set forth in detail the approved terms, conditions and requirements for achieving maximum compliance with noise standards and policies. Said terms, conditions and requirements may include, but shall not be limited to, limitations, restrictions, or prohibitions on operating hours, location of operations, and the types of equipment. (Ord. 22-13 § 3 (Exh. A); Ord. 07-17 § 2 (part))