Chapter 8.20
NOISE CONTROL
Sections:
8.20.010 Declaration of policy. Revised 3/17
8.20.020 Definitions. Revised 3/17
8.20.030 Authority. Revised 3/17
8.20.040 General noise regulations and factors. Revised 3/17
8.20.050 Noise measurement procedure. Revised 3/17
8.20.060 Noise limits. Revised 3/17
8.20.070 Prohibited actions. Revised 3/17
8.20.080 Motor vehicle noise limits. Revised 3/17
8.20.090 Exemptions. Revised 3/17
8.20.100 Variance procedure. Revised 3/17
8.20.110 Regulations not exclusive. Revised 3/17
8.20.120 Enforcement. Revised 3/17
8.20.130 Repealed.
8.20.150 Repealed.
8.20.160 Repealed.
8.20.010 Declaration of policy.
In order to control unnecessary, excessive and annoying noise and vibration in the city, it is declared to be the policy of the city to prohibit such noise and vibration generated from or by all sources as specified in this chapter. It shall be the policy of the city to maintain quiet in those areas which exhibit low noise levels and to implement programs aimed at reducing noise in those areas within the city where noise levels are above acceptable values.
It is determined that certain noise levels and vibrations are detrimental to the public health, welfare and safety, and are contrary to public interest. The provisions of this chapter and the remedies contained herein shall be cumulative and are not intended to replace any otherwise available remedies for public, private, or mixed nuisances, nor any other civil or criminal remedies otherwise available. (Ord. 2016-08 § 3 (part): Ord. 89-04 (part): prior code § 6-7.01)
8.20.020 Definitions.
All terminology used in this chapter, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
“A-weighted sound level” means the sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
“Agricultural operation” means the use of a parcel of real property for the cultivation, planting, growing and harvesting of crops grown on the parcel and the feeding, pasturing and maintenance of livestock and poultry raised on the parcel. The term “agricultural operation” shall not include the use of a parcel of real property for processing farm crops, livestock, and poultry not grown or raised on the parcel.
“Ambient noise level” means 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 excluding any alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
“Decibel” means 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 the pressure of the sound measured to the reference pressure, which is twenty (20) micro-pascals.
“Emergency work” means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
“Motor vehicle” includes any motor vehicle as defined in the California Motor Vehicle Code, as amended from time to time, including all on-highway type motor vehicles subject to registration under said Code, and all off-highway type motor vehicles subject to identification under said Code.
“Noise disturbance” means any sound which (1) endangers or injures the safety or health of human beings or animals; or (2) annoys or disturbs reasonable persons of normal sensitivities; or (3) endangers or injures personal or real property; or (4) violates the factors set forth in Section 8.20.040. Compliance with the quantitative standards as listed herein shall constitute elimination of a noise disturbance.
“Noise source” means any device either fixed or mobile which creates sounds, including, but not limited to, residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners, refrigeration equipment, and sound amplifying vehicles.
“Person” means any individual, firm, association, partnership, joint venture, corporation or other entity, public or private in nature, including an instrumentality of a state or any political subdivision of a state; person shall also include any officer, employee or agent of any of the foregoing.
“Public right-of-way” means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
“Public space” means any real property or structures thereon which are owned or controlled by a governmental entity.
“Real property boundary” means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.
“Sound amplifying equipment” means any machine or device for the amplification of the human voice, music, or any other sound, excluding standard automobile radios, tape decks, compact discs, mp3 players, etc., when used and heard only by the occupants of the vehicle in which radio, tape deck, compact disc, etc., is installed. “Sound amplifying equipment,” as used in this chapter, shall not include warning devices on any vehicle used only for traffic safety purposes.
“Sound amplifying vehicle” 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.
“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 meets or exceeds the requirements pertinent for type S2A meters in American National Standards Institute specifications for sound level meter, S1.4-1971, or the most recent revision thereof.
“Weekday” means any day, Monday through Friday, which is not a legal holiday. (Ord. 2016-08 § 3 (part): Ord. 2003-04 §§ 15, 16 (part); Ord. 89-04 (part): prior code § 6-7.04. Formerly 8.20.030)
8.20.030 Authority.
The noise control program established by this chapter shall be administered by the office of the city manager or its duly appointed representative. The enforcing department shall be the Winters police department. All departments shall, consistent with their authorities under other ordinances administered by them, carry out their programs in such a manner as to further the policies stated in Section 8.20.010. (Ord. 2016-08 § 3 (part): Ord. 89-04 (part): prior code § 6-7.05. Formerly 8.20.040)
8.20.040 General noise regulations and factors.
Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully or negligently 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.
The factors which shall be considered in determining whether a violation of the provisions of this chapter exists shall include, but not be limited to, the following:
A. The sound level of the objectionable noise;
B. The sound level of the ambient noise;
C. The proximity of the noise to residential sleeping facilities;
D. The nature and zoning of the area within which the noise emanates, and the area affected by the noise;
E. The time of day or night the noise occurs;
F. Whether the noise is continuous, recurrent, or intermittent. (Ord. 2016-08 § 3 (part): Ord. 89-04 (part): prior code § 6-7.07. Formerly 8.20.060)
8.20.050 Noise measurement procedure.
Upon receipt of a complaint from a citizen, the enforcing department representative, equipped with sound level measurement equipment satisfying the requirements specified in Section 8.20.120(B), may investigate the complaint. Any investigation shall consist of a measurement and the gathering of data to adequately define the noise problem (as indicated in Section 8.20.020, “Sound level meter”).
Utilizing the A-weighting scale of the sound level meter and the slow meter response, the noise level shall be measured at a position or positions at any point on the receiver’s property. In general, the measurements shall be made at a point at least four feet from the wall, ceiling, or floor nearest the noise source, with doors and windows closed. Calibration of the measurement equipment, utilizing acoustic calibrator, shall be performed immediately prior to recording any noise data. (Ord. 2016-08 § 3 (part): Ord. 89-04 (part): prior code § 6-7.08. Formerly 8.20.070)
8.20.060 Noise limits.
A. Maximum Permissible Sound Levels by Receiving Land Use.
1. The noise limits for the various categories of land use identified by the enforcement department representative as presented in Table 7-1 shall, unless otherwise specifically indicated, apply to all such property within a designated zone. No person shall allow creation of any noise which exceeds the standards.
2. If a measurement location is on a boundary between two different zones, the noise level applicable to the quieter noise zone plus five dBA shall apply.
B. Correction for Character of Sound. In the event the alleged offensive noise, as judged by the enforcement department representative, contains a steady, audible tone such as whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard noise limits set forth in Table 7-1 shall be reduced by five dBA.
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Noise level in dBA not to be exceeded continuously during any five-minute period or, if the noise level varies above and below the limit, for more than one time interval during any five-minute period. |
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Type of zone |
Daytime 7 a.m. to 10 p.m. |
Nighttime 10 p.m. to 7 a.m. |
|
Rural residential (R-R)/open space (O-S) |
50 |
40 |
|
Residential (R-1, R-2, R-3, R-4) |
55 |
50 |
|
*Parks and recreation (P-R) |
60 |
45 |
|
Commercial (C-1, C-2, D-A, D-B, O-F, C-H) |
63 |
45 |
|
Manufacturing/industrial |
|
|
|
(M-1, M-2, B-P) |
73 |
70 |
* Park and recreation noise limits are based on six a.m. to ten p.m. consistent with Chapter 12.12.
(Ord. 2016-08 § 3 (part): Ord. 2003-04 § 16 (part); Ord. 89-04 (part): prior code § 6-7.09. Formerly 8.20.080)
8.20.070 Prohibited actions.
A. Noise Disturbances Prohibited. No person shall unnecessarily make, continue, or cause to be made or continued upon any public property, public right-of-way or private property, any noise disturbance.
B. Specific Prohibitions.
1. Music. Operating, playing or permitting the operation or playing of any radio, tape decks, compact disks, mp3 player, television, phonograph, musical instrument, or similar device which produces or reproduces sound in such a manner as to exceed the level as set forth for public space in Table 7-1 (Section 8.20.060) measured at a distance of at least fifty (50) feet (fifteen (15) meters) from such device operating on a public right-of-way or public space;
2. Loudspeakers (Sound-Amplifying Equipment). Using or operating for any purpose any loudspeaker system, or similar device between the hours of ten p.m. and seven a.m. such that the sound therefrom violates the provisions of Table 7-1 (Section 8.20.060) except for any noncommercial public speaking, public assembly or other activity for which a permit has been issued. Every user of sound-amplifying equipment shall obtain written approval from the city manager or his/her designee at least fifteen (15) days prior to the date the equipment will be used;
3. Animals. 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 violates Chapter 6.04;
4. Construction/Demolition. Operating any power tools or equipment used in construction, drilling, repair, alteration, demolition work, or property maintenance between weekday and Saturday hours of seven p.m. and seven a.m. or at any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance across a residential or commercial property line. Domestic power tools or equipment may be operated to ten p.m. provided the maximum noise level across the residential property line shall not exceed seventy (70) dBA;
5. Vibration. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at or beyond the real property boundary of the source if on private property or at one hundred fifty (150) feet (forty-six (46) meters) form the source if on a public space or public right-of-way;
6. Residential Air-Conditioning or Air-Handling Equipment. Operating or permitting the operation of any air-conditioning or air-handling equipment in such a manner as to exceed by five dBA the noise level limits in Table 7-1;
7. Places of Public Entertainment. Operating or playing of any loudspeaker, musical instrument, or other source of sound in any place of public entertainment that exceeds ninety-five (95) dBA as read on the slow response of a sound level meter. (Ord. 2016-08 § 3 (part): Ord. 89-04(part): prior code § 6-7.11. Formerly 8.20.100)
8.20.080 Motor vehicle noise limits.
A. Motor Vehicle. No person shall operate or cause to be operated any motorized vehicle in such a manner that the sound levels emitted therefrom violate the provisions of Section 8.20.040. This section shall apply to all motorized vehicles, including, but not limited to, personal vehicles, commercial vehicles, motorcycles, go-carts.
B. Vehicle Repair and Testing. Repairing, rebuilding, modifying, or testing any motor vehicle, motorboat, in such a manner as to create a noise disturbance across a residential real property boundary, or at any time to violate the provisions of Section 8.20.040. (Ord. 2016-08 § 3 (part): Ord. 89-04 (part): prior code § 6-7.12. Formerly 8.20.110)
8.20.090 Exemptions.
A. Outdoor Activities. The provisions of this chapter shall not apply to occasional outdoor gatherings, public dances, shows, sporting and entertainment events, school bands, parades and carnivals, provided such events are conducted pursuant to a permit or license issued by the city, if required, relative to the staging of such events.
B. Existing Industrial/Commercial Operations.
1. Noise sources associated with existing food processing, agricultural packing, dairy or other industrial or commercial operations; provided, that noise levels generated by such operations do not exceed current levels; and provided further, that such operations do not exceed the noise level limits set out in Table 7-1 (Section 8.20.060).
2. Noise sources associated with agricultural operations provided such operations take place between the hours of six a.m. and eight p.m.
C. Air Conditioners and Similar Equipment. Air conditioners, pool pumps and similar equipment provided they are in good working order.
D. Public Health and Safety Operations. Work performed by city, city franchises, persons/companies under contract to the city for repairs or maintenance of roads, wells, sewers, trees, landscaping, street sweeping, garbage removal, and other similar activities.
E. Emergencies. Equipment used in emergencies, such as emergency, standby or backup generators; includes periodic testing. (Ord. 2016-08 § 3 (part): Ord. 89-04 (part): prior code § 6-7.13. Formerly 8.20.120)
8.20.100 Variance procedure.
The owner or operator of a noise source which violates any of the provisions of this chapter may file an application with the community development department for a variance from the provisions hereof as per Chapter 17.24 (Variances). (Ord. 2016-08 § 3 (part): Ord. 89-04 (part): prior code § 6-7.15. Formerly 8.20.140)
8.20.110 Regulations not exclusive.
It is the purpose of this chapter to provide maximum noise level limitations for otherwise lawful activities. Nothing contained in this chapter shall be deemed to authorize any otherwise prohibited activity nor to supersede otherwise existing noise limitations. In the event of a conflict between the standards contained in this chapter and any other provision of law, the more restrictive shall govern. (Ord. 2016-08 § 3 (part): Ord. 89-04 (part): prior code § 6-7.18. Formerly 8.20.170)
8.20.120 Enforcement.
A. Prima Facie Violation. Any noise exceeding the noise level limits for a designated noise zone as specified in Sections 8.20.040 and 8.20.060 or the prohibited actions as specified in Section 8.20.070 shall be deemed to be prima facie evidence of a violation of the provisions of this chapter.
B. Violations. Upon the receipt of a complaint from any person, the enforcing department representative shall 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 has been violated, they shall cause verbal or written notice of violation to be served upon the alleged violators. 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 shall include an order that corrective action be taken within a specified time. If corrective action is not taken within such specified time the City may take action to abate under the provisions in Chapter 19.04 (Code Enforcement Generally).
C. 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 which operation or maintenance causes or creates sound levels or vibration exceeding the allowable limits as specified in this chapter shall be deemed and is declared to be a public nuisance and may be subject to abatement under the provisions in Chapter 19.08 (Nuisance Abatement). (Ord. 2016-08 § 3 (part): Ord. 89-04 (part): prior code § 6-7.19. Formerly 8.20.180)
8.20.130 Pre-existing industrial or commercial noise sources transition period.
Repealed by Ord. 2016-08. (Ord. 89-04 (part): prior code § 6-7.14)
8.20.150 Hearing board.
Repealed by Ord. 2016-08. (Ord. 89-04 (part): prior code § 6-7.16)
8.20.160 Appeals.
Repealed by Ord. 2016-08. (Ord. 89-04 (part): prior code § 6-7.17)