Chapter 12.16 NOISE CONTROL

It is declared to be the policy of the City to prohibit unnecessary, excessive, and annoying noises from all sources subject to its police power. At certain levels noises are detrimental to the health and welfare of the citizenry and in the public interests shall be systematically proscribed. [Ord. 783 Art. I § 1, 1972.]

12.16.020 Definitions.

As used in this chapter, unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows:

A. “Ambient noise” is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this chapter, “ambient noise level” is the level obtained when the noise level is averaged over a period of 15 minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made.

B. “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.

C. “Decibel” means a unit for measuring the relative loudness of sounds equal approximately to the smallest degrees of difference of loudness ordinarily detectable by the human ear, whose range includes about 130 decibels on a scale beginning with one for the faintest audible sound.

D. “Emergency work” means work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger or work by private or public utilities when restoring utility service.

E. “Motor vehicles” includes, but is not limited to, mini-bikes and go-carts.

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

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

H. “Sound amplifying equipment” means any machine or device for the amplification of the human voice, music, or any other sound. “Sound amplifying equipment” shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. “Sound amplifying equipment,” as used in this chapter, shall not include warning devices on any vehicle used only for traffic safety purposes.

I. “Sound level” (noise level), in decibels (dB), is the sound measured with the A weighting and slow response by a sound level meter.

J. “Sound level meter” means an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels which satisfies the pertinent requirements in American Standard Specifications for sound level meters S1.4-1971 or the most recent revision thereof.

K. “Sound truck” means any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment.

L. “Gasoline powered landscaping equipment” means any mechanical equipment utilized for maintaining landscaping including the following categories of equipment:

1. Category A: gasoline powered leaf blowers or equipment to blow leaves, dirt, debris off sidewalks, driveways, lawns and other surfaces.

2. Category B: gasoline powered lawn mowers, hedge trimmers.

3. Category C: gasoline powered chainsaws and all other landscape equipment. [Ord. 1290 § 1, 2022; Ord. 783 Art. I § 2, 1972.]

12.16.030 Sound level measurement criteria.

Any sound 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. [Ord. 783 Art. I § 3, 1972.]

12.16.040 Ambient base noise level.

Where the ambient noise level is less than designated in this section, the respective noise level in this section shall govern.

Zone	Time	Sound Level A, Decibels Community Environment Classification
R1 and R2	10:00 p.m. to 7:00 a.m.	45
R1 and R2	7:00 p.m. to 10:00 p.m.	50
R1 and R2	7:00 a.m. to 7:00 p.m.	55
R3	10:00 p.m. to 7:00 a.m.	50
R3	7:00 a.m. to 10:00 p.m.	55
CN, RC	10:00 p.m. to 7:00 a.m.	55
CC, W, OA, and CW	7:00 a.m. to 10:00 p.m.	60
CM	Anytime	70

[Ord. 783 Art. I § 4, 1972.]

12.16.050 Noise regulations generally.

Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to wilfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

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:

A. The level of the noise;

B. The intensity of the noise;

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

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

E. The level and intensity of the background noise if any;

F. The proximity of the noise to residential sleeping facilities;

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

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

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

J. The duration of the noise;

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

L. Whether the noise is produced by a commercial or noncommercial activity. [Ord. 783 Art. VI, 1972.]

12.16.060 Violation is infraction – Penalty.

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined in an amount not exceeding $500.00. Each calendar day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. [Ord. 783 Art. I § 5, 1972.]

12.16.070 Violation – Additional remedies.

As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily, or by a restraining order or injunction issued by a court of competent jurisdiction. [Ord. 783 Art. I § 6, 1972.]

Article II. Special Noise Sources

12.16.080 Radios, television sets and similar devices – Use restrictions.

It is unlawful for any person within any zone of the City to use or operate any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of neighboring residents or any reasonable person of normal sensitiveness residing or working in the area. [Ord. 783 Art. II § 1(a), 1972.]

12.16.090 Radios, television sets and similar devices – Prima facie evidence of violation.

Any noise level exceeding the ambient base level at the property line of any property (or, if a condominium or apartment house, within any adjoining apartment) by more than five decibels shall be deemed to be prima facie evidence of a violation of the provisions of SMC 12.16.080. [Ord. 783 Art. II § 1(b), 1972.]

12.16.100 Drums and other instruments – Use restrictions.

It is unlawful for any person to use any drum or other instrument or device of any kind for the purpose of attracting attention for a commercial purpose by the creation of noise within the City. [Ord. 783 Art. II § 2, 1972.]

12.16.110 Interference with schools, churches and City buildings prohibited.

It is unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, institution of learning, church, or City building while the same is in use, which noise unreasonably interferes with the workings of such institution. [Ord. 783 Art. II § 3, 1972.]

12.16.120 Animal and fowl keeping.

No person shall keep or maintain, or permit the keeping of upon any premises owned, occupied, or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound, cry, or behavior, shall cause annoyance or discomfort to a reasonable person of normal sensitiveness. [Ord. 783 Art. II § 4, 1972.]

12.16.130 Machinery, equipment, fans and air conditioning.

It is unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient base noise level by more than five decibels. [Ord. 783 Art. II § 5, 1972.]

12.16.135 Emergency generators.

The use of backup emergency generators is allowed during a prolonged power outage or emergency, as declared by the City of Sausalito, State or Federal government, or when otherwise warranted by conditions that the City deems to constitute an emergency or a necessity, if the generator complies with current fire and building codes, and complies with the following standards and regulations:

A. Generators for Commercial Use. During a prolonged power outage period or emergency, generators for commercial uses may be operational 24 hours per day, are limited to 75 dB at the property line and should be shut off when not critically needed to minimize the disturbance of neighbors.

B. Generators for Residential Use. During a prolonged power outage period or emergency, generators for residential uses shall comply with setback standards of the underlying zoning district, are limited to 75 dB at the property line and shall be placed in an area that is reasonably practical for the homeowner that is least disruptive to neighbors. Generators supporting residential uses should be shut off when not critically needed in order to minimize the disturbance to neighbors and in particular should not run during the hours of 10:00 p.m. to 7:00 a.m., except as required to manage food spoilage.

C. Generators for Essential Emergency Services. Generators serving public safety facilities, public utility facilities and public/private facilities providing emergency services and generators providing service to those with a bona fide health or medical need on residential properties may be operational 24 hours per day during any power outage period or emergency. In such cases of a health or medical need, a reasonable accommodations request shall be approved by and filed with the City for use of the generator during any power outage period or emergency and the generator shall comply with setback standards of the underlying zoning district, is limited to 75 dB at the property line and shall be placed in an area that is reasonably practical for the homeowner that is least disruptive to neighbors.

D. Testing of Generators. Testing of emergency generators shall be limited to the hours between 9:00 a.m. and 5:00 p.m. on any day, and shall be limited in duration to that specified by manufacturer’s specifications.

E. Permits Required. Appropriate building and planning permits from the City’s Community Development Department are required for generator installations.

F. Definition of Prolonged Power Outage. For the purpose of this section a “prolonged power outage” means a power outage that is no less than four hours in duration. [Ord. 1279 § 1, 2020.]

12.16.137 Gasoline powered landscape equipment.

A. It shall be unlawful for any person to operate gas powered landscape equipment based on the following table.

Category	Date Equipment Is Prohibited	Type of Gasoline Powered Landscaping Equipment
Category A	September 29, 2022	Leaf blowers
Category B	January 31, 2023	Lawn mowers, hedge trimmers, weed trimmers, weed whackers, scissors
Category C	December 31, 2023	Chain saws, pole mounted chainsaws and trimmers

B. Exceptions.

1. The use of gasoline powered landscape equipment for large turf areas, greater than 2,000 square feet, within the city in which battery powered equipment cannot reasonably address the maintenance needs.

2. The use of gasoline powered and electric powered landscape equipment may be utilized during an emergency or a disaster and in support of emergency services operations.

3. Vegetation management services initiated, and managed, by emergency service personnel.

4. Landscape equipment that is not supported by battery powered equipment such as rototillers, fence augers and all construction equipment that requires sufficient power to achieve the intended result and may require an operator to sit in or on the equipment to operate.

5. Public works construction projects that are required to utilize gasoline powered generators, compressors, compaction devices, concrete cutting devices and others necessary to address the public improvement.

6. Landscaping maintenance equipment utilized on School District property.

7. The Public Works Director and Community Development Director shall have the ability to issue specific exemptions to allow the use of specific landscaping equipment on a case-by-case basis when no reasonable alternative is available addressing landscaping. [Ord. 1290 § 1, 2022.]

Article III. Construction

12.16.140 Time restrictions on operating construction devices in residential zones.

A. The operation of construction, demolition, excavation, alteration or repair devices and equipment shall only take place during the following hours:

1. Weekdays: Between 8:00 a.m. and 6:00 p.m.

2. Saturdays: Between 9:00 a.m. and 5:00 p.m.

3. Sundays: Prohibited.

4. Holidays officially recognized by the City of Sausalito not including Sundays: Prohibited.

B. Homeowners currently residing on the property and all other legal residents may operate construction, demolition, excavation, alteration or repair devices and equipment themselves on their own property on Sundays and holidays officially recognized by the City; provided, that such operations occur between 9:00 a.m. and 6:00 p.m. and otherwise comply with the City’s laws regulating noise.

C. For purposes of this section, “holidays officially recognized by the City” are those holidays indicated on the official City Calendar which is adopted by the City Council as it currently exists and may hereinafter be amended. [Ord. 1255 § 1, 2018; Ord. 1199 § 1, 2009; Ord. 1143 § 1, 2000; Ord. 1048 § 1, 1989; Ord. 783 Art. III § 1, 1972.]

Article IV. Vehicles

12.16.150 Repairing, rebuilding or testing in residential zones.

It is unlawful for any person within any residential zone, as defined in the zoning regulations of the City, to repair, rebuild, or test any motor vehicle in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance. [Ord. 783 Art. IV § 1, 1972.]

12.16.160 Operation of motor-driven vehicles.

It is unlawful for any person to operate any motor-driven vehicle within the City in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance; provided, however, any such vehicle which is operated upon any public highway, street, or right-of-way shall be excluded from the provisions of this section. [Ord. 783 Art. IV § 2, 1972.]

Article V. Amplified Sound

12.16.170 Purpose of regulations.

The Council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that, under some circumstances, amplifying equipment is protected by the constitutional rights of freedom of speech and assembly, the Council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise. [Ord. 783 Art. V § 1, 1972.]

12.16.180 Conditions of use for commercial purposes.

It is unlawful for any person to install, use or operate within the City, except within a completely enclosed building, a loudspeaker or sound amplifying equipment in a fixed or movable position or upon any sound truck for any commercial purpose. [Ord. 783 Art. V § 2, 1972.]

12.16.190 Registration – Required.

It is unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use, or operate within the City a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for any noncommercial purpose by giving instructions, directions, talks, addresses, lectures, or transmitting music to any person or assemblages of persons in or upon any street, alley, sidewalk, park, place or public property without first filing a registration statement and obtaining approval thereof as set forth in this article. [Ord. 783 Art. V § 3, 1972.]

12.16.200 Registration – Filing and processing requirements.

A. Filing. Every user of sound amplifying equipment for a noncommercial purpose shall file a registration statement with the City Manager three days prior to the date on which the sound amplifying equipment is intended to be used, which statement shall contain the following information:

1. The name, address and telephone number of both the owner and user of the sound amplifying equipment;

2. The maximum sound producing power of the sound amplifying equipment which shall include the wattage to be used, the volume in decibels of sound which will be produced, and the approximate distance for which sound will be audible from the sound amplifying equipment;

3. The license number of a sound truck if a sound truck is to be used;

4. A general description of the sound amplifying equipment which is to be used.

B. Statement Approval. The City Manager shall return to the applicant an approved copy of the registration statement unless he or she finds that:

1. The conditions of motor vehicle movement are such that, in the opinion of the police chief, use of the equipment would constitute a detriment to traffic safety; or

2. The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or

3. The registration statement required reveals that the applicant would violate the provisions set forth in this article or any other provision of this chapter.

C. Disapproval. In the event the registration statement is disapproved, the City Manager shall endorse upon the statement his or her reasons for disapproval and return it forthwith to the applicant. [Ord. 783 Art. V § 4, 1972.]

12.16.210 Conditions of noncommercial use of equipment.

The noncommercial use of sound amplifying equipment shall be subject to the following regulations:

A. The only sounds permitted shall be either music or human speech, or both.

B. The operation of sound amplifying equipment shall only occur between the hours of 9:00 a.m. and 7:00 p.m. each day, except on Sundays and legal holidays. The operation of sound amplifying equipment on Sundays and legal holidays shall only occur between the hours of 10:00 a.m. and 7:00 p.m.

C. The volume of sound shall comply with SMC 12.16.040.

D. Notwithstanding the provisions of subsection C of this section, sound amplifying equipment shall not be operated within 200 feet of churches, schools, or City buildings.

E. In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing, or a nuisance to reasonable persons of normal sensitiveness within the area of audibility. [Ord. 1290 § 1, 2022; Ord. 783 Art. V § 5, 1972.]