Chapter 17.50
NOISE

Sections:

17.50.010    Purpose.

17.50.020    Decibel measurement criteria.

17.50.030    Exterior noise standards.

17.50.040    Special exclusions.

17.50.050    Residential noise standards.

17.50.060    Commercial and office noise provisions.

17.50.070    Industrial noise provisions.

17.50.010 Purpose.

Noise regulations are established to protect public health and welfare by eliminating noise problems and maintaining an acceptable indoor and outdoor acoustic environment. Regulations herein are intended to implement the standards and policies of the general plan noise element. Clear noise standards protect the quality of life and insulate residents from excessive noise levels. Excessive noise levels means a noise which affects human activities by its potential to contribute to annoyance in a person of normal sensitivity including any loud, unnecessary or unusual noise which causes discomfort or annoyance to any reasonable person. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.50.020 Decibel measurement criteria.

Any decibel measurement made pursuant to the provisions of this section shall be based on a reference sound pressure of twenty micropascals as measured with a sound level meter using the A-weighted network (scale) (dBA) at slow response. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.50.030 Exterior noise standards.

It shall be unlawful for any person at any location within the city to create any noise or allow the creation of any noise on the property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured on the property line of any other property to exceed the basic noise level as adjusted below:

A.    Basic noise level for a cumulative period of not more than fifteen minutes in any one hour; or

B.    Basic noise level plus five dBA for a cumulative period of not more than ten minutes in any one hour; or

C.    Basic noise level plus fourteen dBA for a cumulative period of not more than five minutes in any one hour; or

D.    Basic noise level plus fifteen dBA at any time.

If the measurement location is a boundary between two different noise zones, the lower noise level standard shall apply.

If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the measured noise level obtained while the noise is in operation shall be compared directly to the allowable noise level standards as specified respective to the measurement’s location, designated land use, and for the time of day the noise level is measured. The reasonableness of temporarily discontinuing the noise generation by an intruding noise source shall be determined by the planning director for the purpose of establishing the existing ambient noise level at the measurement location. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.50.040 Special exclusions.

The following activities shall be exempted from the provisions of this chapter:

A.    City- or school-approved activities conducted on public parks, public playgrounds, and public or private school grounds including, but not limited to, athletic and school entertainment events between the hours of seven a.m. and ten p.m.

1.    For city-approved activities at the Rumrill Sports Park, hours may be extended to twelve a.m. with the following requirements:

a.    Field 3 and the practice field shall be closed at ten p.m., Sunday through Thursday, and closed at eleven p.m., Friday and Saturday.

B.    Occasional outdoor gatherings, dances, shows, and sporting and entertainment events, provided said events are conducted pursuant to the approval of a temporary use permit issued by the city.

C.    Any mechanical device, apparatus, or equipment used, related to, or connected with emergency machinery, vehicle, work, or warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within thirty minutes in any hour of its being activated.

1.    Noise sources associated with, or vibration created by, construction, repair, remodeling, or grading of any real property or during authorized seismic surveys, provided:

2.    When adjacent to a residential land use, school, church or similar type of use, the noise-generating activity does not take place between the hours of eight p.m. and seven a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday, and provided noise levels created do not exceed the noise standard of sixty-five dBA when measured at the adjacent property line.

3.    When adjacent to a commercial or industrial use, the noise-generating activity does not take place between the hours of ten p.m. and six a.m. on weekdays, including Saturday and Sunday, and provided noise levels created do not exceed the noise standard of seventy dBA when measured at the adjacent property line.

D.    Noise sources associated with the maintenance of real property, provided said activities take place between the hours of seven a.m. and eight p.m. on any day.

E.    Any activity to the extent regulation thereof has been preempted by state or federal law. (Ord. 2016-003 § 1, 2016; Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.50.050 Residential noise standards.

A.    Table 17.50-A—Residential Noise Limits includes the maximum noise limits in residential zones. These are the noise limits when measured at the adjacent residential property line (exterior) or within a neighboring home (interior).

Table 17.50-A—Residential Noise Limits

Location of Measurement

Maximum Noise Level

10:00 p.m. to 7:00 a.m.

7:00 a.m. to 10:00 p.m.

Exterior

60 dBA

65 dBA

Interior

45 dBA

50 dBA

Notes:

It shall be unlawful for any person at any location within the city to create any noise or to allow the creation of any noise which causes the noise level when measured within any other fully enclosed (windows and doors shut) residential dwelling unit to exceed the interior noise standard in the manner described herein.

If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, each of the noise limits above shall be reduced five dBA for noise consisting of impulse or simple tone noise.

Noise. Any proposed new housing exposed to day-night sound level (DNL) noise levels above sixty-five dB are subject to the general plan standards for noise reduction (Chapter 9, Policy SN-I-40), which include acoustical design requirements that achieve the prescribed noise level reduction. Applicants must provide the necessary noise level reduction prepared by a board-certified acoustical engineer for each unit.

B.    Other Residential Noise Limitations.

1.    Peddlers—Use of Loud Noise, Etc., to Advertise Goods, Etc. No peddler or mobile vendor or any person on their behalf shall shout, cry out, or use any device or instrument to make sounds for the purpose of advertising in such a manner as to create a noise disturbance.

2.    Animal Noises. No person owning or having the charge, care, custody, or control of any dog or other animal or fowl shall allow or permit the same to habitually howl, bark, yelp, crow or make other noises in such a manner as to create a noise disturbance.

3.    Radios, Television Sets, Musical Instruments, and Similar Devices. No person shall operate or permit the operation or playing of any device which reproduces, produces, or amplifies sound, such as a radio, musical instrument, phonograph, or sound amplifier, in such a manner as to create a noise disturbance:

a.    Across any real property boundary or within Noise Zone I, between the hours of ten p.m. and seven a.m. on the following day (except for activities for which a temporary use permit has been issued).

b.    At fifty feet from any such device, if operated on or over any public right-of-way. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.50.060 Commercial and office noise provisions.

A.    All commercial and office business operations shall be conducted to comply with the standards listed below. Proposed commercial and office uses with potential noise- and vibration-producing activities are required to submit a noise study report identifying noise and vibration mitigation measures that would reduce the adjacent noise level to acceptable ranges.

1.    All commercial and office activities shall not create any noise that would exceed an exterior noise level of sixty-five dBA during the hours of ten p.m. to seven a.m. and seventy dBA during the hours of seven a.m. to ten p.m. when measured at the adjacent property line.

2.    Loading and Unloading. No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten p.m. and seven a.m. in a manner which would cause a noise disturbance to a residential area.

3.    Vehicle Repairs and Testing. No person shall cause or permit the repairing, rebuilding, modifying, or testing of any motor vehicle, motorcycle, or motorboat in such a manner as to increase a noise disturbance between the hours of ten p.m. and seven a.m. adjacent to a residential area. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)

17.50.070 Industrial noise provisions.

A.    All industrial business operations shall be conducted to comply with the standards listed below. Proposed industrial uses with potential noise- and vibration-producing activities are required to submit a noise study report identifying noise and vibration mitigation measures that would reduce the adjacent noise level to acceptable ranges.

1.    All industrial activities shall not create any noise that would exceed an exterior noise level of sixty-five dBA during the hours of ten p.m. to seven a.m. and seventy dBA during the hours of seven a.m. to ten p.m. when measured at the adjacent property line.

2.    Loading and Unloading. No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten p.m. and seven a.m. in a manner which would cause a noise disturbance to a residential area.

3.    Vehicle Repairs and Testing. No person shall cause or permit the repairing, rebuilding, modifying, or testing of any motor vehicle, motorcycle, or motorboat in such a manner as to increase a noise disturbance between the hours of ten p.m. and seven a.m. adjacent to a residential area. (Ord. 2015-002 § 3 (Exh. 1)(part), 2015)