Adelanto Municipal Code Ch. 9.110 Noise Control

The purpose of this chapter is to establish criteria and standards for the regulation of noise levels within the City of Adelanto. The City Council declares and finds that excessive noise levels are detrimental to the public health, welfare, and safety and are contrary to the public interest. It is this chapter’s intent to protect persons form excessive levels of noise from sources including but not limited to; persons, animals, or fowl; automobiles, motorcycles, engines, machines, or other mechanical devices; and loudspeakers, speakers, musical instruments, stereos, radios, televisions, record players or other amplifying devices. This chapter includes standards for the measurement of noise levels to ensure that noise levels do not disturb and interfere with the peace, comfort, or repose of the residents of the neighborhood from which the noise is emitted.

[Ord. No. 631, 7/13/22.]

The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this Section unless the context clearly requires otherwise:

A. “A-weighted sound level” means the sound pressure level in decibels as measured on a sound level meter using A-weighting network. The level to read is designated db(A) or dB(A).

B. “Ambient noise level” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding any intrusive noise.

C. "Commercial area" means any area occupied by businesses which sell, rent, trade, or store goods, or which provide a service.

D. "Decibel (dB)" means a unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons per square meter).

E. "Emergency" means any occurrence or set of circumstances involving actual or imminent danger, physical trauma or property damage that demands immediate action.

F. "Emergency work" means any work performed for the purpose of preventing or alleviating the danger, physical trauma or property damage threatened or caused by an emergency.

G. "Industrial area" means any area occupied by land uses whose primary operation involves manufacturing, assembling, processing, or otherwise treating raw materials, semifinished products, or finished products, for packaging and distribution to either wholesale or retail markets.

H. "Noise" means any sound which annoys or disturbs humans, or which causes or tends to cause an adverse psychological or physiological effect on humans.

I. "Noise disturbance" means any sound which (a) endangers or injures the safety or health of humans or animals, or (b) annoys or disturbs a reasonable person of normal sensitivities, or (c) endangers or injures personal or real property.

J. "Noise sensitive zone" means any area designated for the purpose of ensuring exceptional quiet, including a school (including nursery school and preschool), church, library, courthouse, daycare facility, while the same is in use, or any hospital, nursing home, or care facility.

K. "Noise source" means a disturbance-causing operation which originates from a single unit or noise generating mechanism which operates simultaneously. Example of a single noise source is the combination of motor, pump, and compressor; or a power plant with several boilers.

L. "Noise zone" means defined areas or regions of a generally consistent land use community wherein the ambient noise levels are generally similar (within a range of five (5) decibels). Typically, most sites within any given noise zone will be of comparable proximity to major noise sources.

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

N. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

O. "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.

P. "Public space" means any real property or structures thereon which are owned or controlled by a governmental entity and normally accessible to the public, including but not limited to parks and other recreation areas.

Q. “Responsible person” means any person who owns, leases, or is lawfully in charge of the property or motor vehicle where the noise violation takes place, or any person who owns or controls the source of the noise or violation. If the responsible person is a minor, then the parent or guardian who has custody of the child at the time of the violation shall be the responsible person who is liable under this chapter.

R. "Sound" means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency.

S. "Sound amplifying equipment" means any machine or device for the amplification of the human voice, or music, or any other sound, excluding standard automobiles when used and heard only by the occupants of the vehicle in which the device is installed and, as used in this Chapter, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

T. "Sound level" means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C, as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-1971 or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.

U. "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 requirements pertinent for type S2A meters in American National Standards Institute specifications for sound level meters, S1.4-1971, or the most recent revision thereof.

V. "Vibration" means mechanical motion of the earth or ground, building, or other type of structure, induced by the operation of any mechanical device or equipment located upon or affixed thereto.

[Ord. No. 631, 7/13/22.]

Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in this chapter. The location selected for measuring exterior noise levels shall be at the property line of the property containing the offending noise source at which the noise level is at a maximum, or along the affected property’s boundary line closest to the noise source.

[Ord. No. 631, 7/13/22.]

The measurement procedure presented in this Section assumes that personnel performing the noise measurements have been trained in the use of the instruments and in interpretation of measured data. Upon receipt of a complaint from a citizen, an agent of the City, equipped with sound level measurement equipment satisfying the requirements specified in Section 9.110.020, shall investigate the complaint. The investigation shall consist of a measurement and the gathering of data to adequately define the noise problem, and shall include the following:

A. Nonacoustic Data.

• 1. Type of noise source.
• 2. Location of noise source relative to complainant's property.
• 3. Time period during which noise source is considered by complainant to be intrusive.
• 4. Total duration of noise produced by noise source.
• 5. Date and time of noise measurement survey.

B. Procedure. 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 along the complainant's property line closest to the noise source or at the location along the offending property’s boundary line where the noise level is at a maximum. In general, the microphone shall be located five feet (5') above the ground and ten feet (10') or more from the nearest reflective surface, where possible. However, in those cases where another elevation is deemed appropriate, the latter shall be utilized. If the noise complaint is related to interior noise levels, interior noise measurements shall be made at a point at least four feet (4') from the wall, ceiling, or floor nearest the noise source with windows in the normal seasonal configuration. Calibration of the instrument being used shall be performed immediately prior to and following the recording of any noise data utilizing the acoustic calibrator.

[Ord. No. 631, 7/13/22.]

A. All ambient noise measurements shall commence in decibels within the respective zones and times as follows:

B. If the ambient noise level exceeds the applicable limit as noted in the above table, the ambient noise level shall be the standard.

[Ord. No. 631, 7/13/22.]

Unless otherwise permitted, noise levels shall not exceed the ambient noise levels in Section 9.110.050 by the following dB(A) levels for the cumulative period of time specified:

A. Less than five (5) dB(A) for a cumulative period of more than thirty (30) minutes in any hour.

B. Less than ten (10) dB(A) for a cumulative period of more than fifteen (15) minutes in any hour.

C. Less than fifteen (15) dB(A) for a cumulative period of more than five (5) minutes in any hour.

D. Less than twenty (20) dB(A) for a cumulative period of more than one (1) minute in any hour.

E. Twenty (20) dB(A) or more for any period of time.

[Ord. No. 631, 7/13/22.]

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

A. All mechanical devices, apparatus or equipment used, related to or connected with emergency machinery, vehicles or work including for the purpose of responding to an emergency, or necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm.

B. Warning devices that are required by law to protect the health, safety and welfare of the community.

C. The provisions of this regulation shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation projects, public works projects or essential public works services and facilities.

D. Activities conducted on the grounds of any elementary, intermediate, secondary, or post-secondary school during regular hours of operation.

E. Outdoor gatherings, public dances and shows, provided said events are authorized by the City.

F. Activities conducted in public parks and public playgrounds, provided said events are conducted pursuant to a permit as required by this Code.

G. Any activity to the extent regulation thereof has been preempted by state or federal law.

H. Traffic on any roadway or railroad right-of-way, including public transit operations.

I. The operation of any airport.

J. Construction, alteration, and demolition activity on private properties that are determined by the Director of Building and Safety to be essential to the completion of a project.

K. Refuse collection conducted by the City’s franchised waste collection service(s).

L. Sounds generated in commercial and industrial zones that are necessary and incidental to the uses permitted therein.

M. Sounds generated in connection with speech or communication protected by the U.S. Constitution or the California Constitution, except to the extent such sounds are subject to permissible time, manner and place restrictions.

[Ord. No. 631, 7/13/22.]

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

B. The standards that shall be considered in determining whether a violation of the provisions of this Section exists shall expressly include, but not be limited to, whether the violation occurs between the hours of 11:00 p.m. Friday until 7:00 a.m. Saturday, 11:00 p.m. Saturday until 7:00 a.m. Sunday, and 10:00 p.m. any other day until 7:00 a.m. the following morning. Other standards shall include, but not be limited to, the following:

• 1. The sound level of the objectionable noise.
• 2. The sound level of the ambient noise.
• 3. The proximity of the noise to residential sleeping facilities.

4. The nature and zoning of the area within which the noise emanates and the area where it is received.

5. The density of the inhabitation of the area within which the noise emanates and where it is received.

• 6. The time of day or night the noise occurs.
• 7. The duration of the noise and its tonal, informational or musical content.
• 8. Whether the nature of the noise is usual or unusual.
• 9. Whether the origin of the noise is natural or unnatural.
• 10. Whether the noise is continuous, recurrent, or intermittent.
• 11. Whether the noise is produced by a commercial or noncommercial activity.

[Ord. No. 631, 7/13/22.]

The following acts, and the causing or permitting thereof, are declared to be in violation of this Chapter:

A. Radios, television sets, musical instruments, and similar devices. Operating, playing, or permitting the operation or playing of any radio, car radio, stereo, car stereo, stereo receiver, computer, compact disc player, tape recorder, cassette player, television set, phonograph, drum, musical instrument, or similar device, which produces or reproduces music or sound such that the music or sound therefrom creates a noise disturbance across a residential real property line, including partitions common to two (2) residences within a building, between the hours of 11:00 p.m. Friday until 7:00 a.m. Saturday, 11:00 p.m. Saturday until 7:00 a.m. Sunday, and 10:00 p.m. any other day until seven a.m. the following morning, or at any time violates the provisions of Section 9.110.060. Notwithstanding the provisions of any other section in this Chapter, the provisions of this subsection may be enforced by a peace officer.

B. Loudspeakers (amplified sound). Using or operating for any purpose any loudspeaker, loudspeaker system, or similar device such that the sound therefrom creates a noise disturbance across a residential real property line, including partitions common to two (2) residences within a building, between the hours of 11:00 p.m. Friday until 7:00 a.m. Saturday, 11:00 p.m. Saturday until 7:00 a.m. Sunday, and 10:00 p.m. any other day until 7:00 a.m. the following morning, or at any time violates the provisions of Section 9.110.060, except for any noncommercial public speaking, public assembly or other activity for which a variance has been issued by the City.

C. Street sales. Offering for sale, selling anything or advertising by shouting or outcry within any residential or commercial area or noise sensitive zone of the City except by variance issued by the appropriate City department. The provisions of this subsection shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, carnivals, fairs, circuses or other similar licensed public entertainment events.

D. Automobile horns. Sounding any horn or signal device on any automobile, motorcycle, bus, or other motor vehicle in any other manner or circumstances or for any other purpose than required or permitted by the Vehicle Code or other California law.

E. Automotive engines and mufflers. Racing the engine of any motor vehicle while the vehicle is not in motion, except when necessary to do so in the course of repairing, adjusting or testing the same. Additionally, operating or permitting the use of any motor vehicle, on any public right-of-way or public place or on private property within a residential zone for which the exhaust muffler, intake muffler or any other noise abatement device has been modified or changed in a manner such that the noise emitted by the motor vehicle is increased above that emitted by the vehicle as originally manufactured.

F. Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate the provisions of Section 9.110.060.

G. Vibration. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at one hundred fifty feet (150') (forty-six (46) meters) from the source if on a public space or public right-of-way. For the purposes of this subsection, "vibration perception threshold" means the minimum ground or structure-borne vibrational motion necessary to cause a normal person

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City of Adelanto Municipal Code Title 9 - Public Peace, Safety and Morals

to be aware of the vibration by such directed means as, but not limited to, sensation by touch or visual observation of moving objects. The perception threshold shall be presumed to be .001 g's in the frequency range zero (0)—thirty (30) hertz and .003 g's in the frequency range between thirty (30) and one hundred (100) hertz.

H. Explosives, firearms, and similar devices. Using or firing explosives, firearms, firecrackers, or similar devices such that the sound therefrom creates a noise disturbance across a real property line, or within a noise sensitive zone, public space or public right-of-way, without first obtaining a variance issued by an authorized City employee.

I. Stationary nonemergency signaling devices.

1. Sounding or permitting the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for non-emergency purposes, from any place, for more than ten (10) seconds in any hourly period.

2. Houses of religious worship and chimes in the civic center shall be exempt from the operation of this provision.

3. Sound sources covered by this provision and not exempted under Section 9.110.090.I.2. may be exempted by a variance issued by the appropriate City department.

J. Emergency signaling devices.

1. The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, or any motor vehicle burglar alarm, except for emergency purposes or for testing, as provided in Section 9.110.090.J.2.

2. Testing of a stationary emergency signaling device shall not occur before 8:00 a.m. or after 7:00 p.m. Any such testing shall only use the minimum cycle test time. In no case shall such test time exceed ten (10) seconds.

3. Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 8:00 a.m. or after 7:00 p.m. The time limit specified in Section 9.110.090.J.2. shall not apply to such complete system testing.

4. Sounding or permitting the sounding of any exterior burglar or fire alarm unless such alarm is automatically terminated within fifteen (15) minutes of activation. Such testing shall not occur before 8:00 a.m. or after 7:00 p.m.

K. Noise sensitive zones.

1. Creating or causing the creation of any sound within any noise sensitive zone, so as to exceed the specified land use noise standards set forth in Section 9.110.060; or

2. Creating or causing the creation of any sound within or adjacent to any noise sensitive zone containing a hospital, nursing home, police or sheriff’s station, fire station, school (including nursery school and preschool), library, courthouse, or other designated use so as to interfere with the functions of such activity or annoy the patients or participants of such activity(ies).

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• City of Adelanto Municipal Code Title 9 - Public Peace, Safety and Morals

• L. Domestic power tools and landscaping equipment.

1. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between 9:00 p.m. and 7:00 a.m. the following day so as to create a noise disturbance across a residential or commercial real property line.

2. Any motor, machinery, pump, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance.

3. Operating leaf blowers, consisting of portable power equipment used in any landscape maintenance, construction, property repair or property maintenance for the purpose of blowing, dispersing or redistributing dust, dirt, leaves, grass clippings, cuttings, or trimmings from plants, trees or other debris is unlawful if operated within any residential area or in any nonresidential area within four hundred feet (400') of any residential area in the City between the hours after 8:00 p.m. and before 7:00 a.m. Monday through Friday, after 7:00 p.m. and before 9:00 a.m. on Saturdays, and after 7:00 p.m. and before 10:00 a.m. on Sundays and legal holidays. Notwithstanding the provisions of Section 9.110.110, violations of this subsection shall be infractions except as specifically provided in this Section. The first violation in any one (1) year period shall be subject to a fine of fifty dollars ($50.00); a second violation in any one (1) year period shall be subject to a fine of seventy-five dollars ($75.00); a third violation in any one (1) year period shall be subject to a fine of one hundred and fifty dollars ($150.00). A fourth or subsequent violation of this subsection in any one (1) year period may be filed as a misdemeanor pursuant to Section 1.20.010. Notwithstanding the provisions of any other Section in this Chapter, the provisions of this subsection may be enforced by a peace officer.

M. Air-conditioning or air refrigerating equipment. Operating or permitting the operation of any air-conditioning or air refrigerating equipment in such a manner as to exceed any of the following sound levels measured as specified in the American Society of Heating, Refrigeration and Air Conditioning Engineers Code of Recommended Practices:

[Ord. No. 631, 7/13/22.]

A violation of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute a public nuisance that shall be subject to the provisions of Chapters 9.110 and 1.20 of this Code.

[Ord. No. 631, 7/13/22.]

A. Enforcement of any provision of this chapter may be made through Section 1.20.070.

B. A violation of any provision of this chapter shall, if feasible, first be the subject of a written notice to the responsible person that if, within a twelve (12) month period following the initial response, city personnel, including a peace officer, are again required to respond to the same person for violating this chapter, a criminal and/or administrative citation will be issued pursuant to Chapter 1.20 of this Code. Such notice shall be signed by the responsible person; however, such notice shall not be ineffective due to a party’s refusal to sign. If a responsible person declines or refuses to accept or sign any warning or notice, then such warning or notice may be issued pursuant to Section 1.20.020.D. Subsequent violation(s) occurring after issuance of a written warning shall be cause for a criminal and/or administrative citation to be issued pursuant to Chapter 1.20 and subject to appropriate legal action as provided by law, including criminal and/or civil enforcement.

C. Notwithstanding Section 9.110.090.L.3, any person found to be violating any provision of this chapter shall be punishable in accordance with Chapter 1.20 and a fine not to exceed one thousand dollars ($1,000.00) for the first violation.

D. Any person convicted of a subsequent violation under this Chapter shall, for each separate violation, be subject to: (A) a fine in an amount not to exceed one thousand two hundred fifty dollars ($1,250.00) for a second conviction of the same offense within a twelve (12)-month period from the date of the first offense; and (B) a fine in an amount not to exceed fifteen hundred dollars ($1,500) for the third conviction of the same offense within a twelve (12)-month period from the date of the first offense. The fine for a fourth and any subsequent conviction(s) of the same offense within a twelve (12)-month period from the date of the first offense shall be two thousand dollars ($2,000.00).

E. In addition, in the discretion of the City Attorney and based upon the specific facts and circumstances presented to him or her, including the time of day or night the alleged offense occurred, any such violation may be charged as an infraction subject to the penalties contained in Chapter 1.20.

[Ord. No. 631, 7/13/22.]

Nothing in this chapter shall preclude the city from pursuing any other legal remedies provided by this code or otherwise available to the city in law or in equity.

[Ord. No. 631, 7/13/22.]