Article I — General Provisions

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

"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.

"Decibel" means a unit of level when the base of the logarithm is the 10th root of 10 and the quantities concerned are proportional to power.

"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.

"Frequency" of a function periodic in time means the reciprocal of the primitive period. The unit is the hertz and shall be specified.

"Hertz" means the complete sequence of values of a period quantity which occurs during a period.

"Microbar" means a unit of pressure commonly used in acoustics and is equal to one dyne per square centimeter.

"Period" of a periodic quantity means the smallest increment of time for which the function repeats itself.

"Periodic quantity" means oscillating quantity, the values of which recur for equal increments of time.

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

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

"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 requirement in American Standard Specifications for sound level meters, S1. 4-1971 or the most recent revision thereof.

"Motor vehicles" include all-terrain vehicles including minibikes, go-carts, motorbikes, motorcycles and other such vehicles.

"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

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City of Santa Rosa, CA § 17-16.010

ENVIRONMENTAL PROTECTION

"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.

"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.

"Noncommercial purpose" means the use, operation or maintenance of any sound equipment for other than a commercial purpose. "Noncommercial purpose" means and includes, but is not limited to, philanthropic, political, patriotic and charitable purposes.

"Intensive commercial" means those office and commercial zones within the City which exhibit ambient noise levels in excess of the "Office and Commercial" areas defined in Section 17-16.030.

(Prior code § 27.1)

Any sound level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using the "A" weighting. (Prior code § 27.2)

The following criteria will be used as a base (ambient noise level) from which noise levels can be compared.

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Sound Level A (decibels) Community
Zone Time Environment Classification
R1 and R2 10 p.m. to 7 a.m. 45
R1 and R2 7 p.m. to 10 p.m. 50
R1 and R2 7 a.m. to 7 p.m. 55
Multi-family 10 p.m. to 7 a.m. 50
Multi-family 7 a.m. to 10 p.m. 55
Office & Commercial 10 p.m. to 7 a.m. 55
Office & Commercial 7 a.m. to 10 p.m. 60
Intensive Commercial* 10 p.m. to 7 a.m. 55
Intensive Commercial 7 a.m. to 10 p.m. 65
Industrial Anytime 70
----- End of picture text -----

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City of Santa Rosa, CA § 17-16.030

SANTA ROSA CODE

• See Appendix B as set forth on a map on file in the office of the City clerk.

(Prior code § 27.3)

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 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;

(L) Whether the noise is produced by a commercial or noncommercial activity. (Prior code Ch. 27, Art. I, Div. 5)

Every person who violates any provision of this chapter is guilty of a misdemeanor. Each day a violation is committed, or permitted to continue after notification to desist, is a separate offense. (Prior code § 27.4; Ord. 3238 § 28(b), 1996)

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 cause discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area, shall be deemed and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

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City of Santa Rosa, CA § 17-16.060

ENVIRONMENTAL PROTECTION

§ 17-16.060

(Prior code § 27.5)

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City of Santa Rosa, CA

ENVIRONMENTAL PROTECTION

§ 17-16.070

§ 17-16.120

Article II

Special Noise Sources

• (A) Use Restricted. It is unlawful for any person within any residential 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 in the area.

• (B) Prima Facie 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 this section.

(Prior code § 27.15)

It is unlawful for any person within the City to sell anything by outcry within any area of the City zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events. (Prior code § 27.16)

• (A) Use Restricted. It is unlawful for any person to use any drum or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the City. This section shall not apply to any person who is a participant in a school band or duly licensed parade who has been otherwise duly authorized to engage in such conduct.

• (Prior code § 27.17)

It is unlawful for any person to create any noise on any street, sidewalk or public place adjacent to any school, institution of learning or church while the same is in use or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital; providing conspicuous signs are displayed in such streets, sidewalk or public place indicating the presence of a school, church or hospital. (Prior code § 27.18)

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, causes annoyance or discomfort to a reasonable person of normal sensitiveness in any residential neighborhood. (Prior code § 27.19)

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City of Santa Rosa, CA § 17-16.120 ENVIRONMENTAL PROTECTION

§ 17-16.125

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.

(Prior code § 27.20)

• (A) Offense. It is unlawful for any person to operate any gas-powered leaf blower or lawn broom in a residential district between the hours of eight p.m. and eight a.m. on weekdays or between the hours of eight p.m. and nine a.m. on Saturdays and Sundays.

• (B) Penalty. A violation of this section shall constitute an infraction with a maximum penalty of a fine not to exceed $100.00.

• (Ord. 2773 § 1, 1989)

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City of Santa Rosa, CA

ENVIRONMENTAL PROTECTION

§ 17-16.130

§ 17-16.150