Division 6 — NOISE REGULATIONS

In order to control unnecessary, excessive and annoying sounds emanating from within areas of the city, it is hereby declared to be the policy of the city to prohibit such sounds generated from all sources as specified in these provisions.

It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary to the public interest. Therefore, the city council does ordain and declare that creating, maintaining, causing or allowing to create, maintain or cause any noise in a manner prohibited by or not in conformity with the provisions of these sections, is a public nuisance and shall be punishable as such.

Cross reference— Building construction noise, §§ 4100—4104; noise standards, § 9305.

All residential properties are hereby assigned to the following noise zones:

A.

Noise zone 1: All properties located in residential zone districts.

A.

The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone.

Noise Standards in Noise Zone 1

50 db(A)

10:00 p.m.—7:00 a.m.

In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) db(A).

B.

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 on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other residential property, either incorporated or unincorporated, to exceed:

1.

The noise standard for a cumulative period of more than fifteen (15) minutes in any hour; or

2.

The noise standard plus five (5) db(A) for a cumulative period of more than ten (10) minutes in any hour; or

3.

The noise standard plus ten (10) db(A) for a cumulative period of more than five (5) minutes in any hour; or

4.

The noise standard plus fifteen (15) db(A) for a cumulative period of more than one (1) minute in any hour; or

5.

The noise standard plus twenty (20) db(A) for any period of time.

C.

In the event the ambient noise level exceeds any of the noise limit categories above, the noise level applicable to said category shall be increased to reflect said ambient noise level.

A.

The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone:

Interior Noise Standards in Noise Zone 1

Noise level Time period

In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) db(A).

B.

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 on property owned, leased occupied, or otherwise controlled by such person, when the foregoing causes the noise level when measured within any other dwelling unit on any residential property, either incorporated or unincorporated, to exceed:

1.

The interior standard for a cumulative period of more than five (5) minutes in any hour; or

2.

The interior noise standard plus five (5) db(A) for a cumulative period of more than one (1) minute in any hour; or

3.

The interior noise standard plus ten (10) db(A) for any period of time.

C.

In the event the ambient noise level exceeds either of the first two (2) noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the third noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level.

The following activities shall be exempted from the provisions of these sections:

A.

Activities conducted on the grounds of any public or private nursery, elementary, intermediate or secondary school or college.

B.

Public dances, provided said events are conducted pursuant to a permit issued by the city.

C.

Activities conducted on any authorized park or playground provided such park or playground is owned and operated by a public entity.

D.

Any mechanical device, apparatus or equipment used, related to or connected with any emergency machinery, vehicle or work.

E.

Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a legal holiday.

F.

Mobile noise sources associated with agricultural operations provided such operations do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a legal holiday.

G.

Noise sources associated with the maintenance of real property provided said activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday or a legal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a legal holiday.

H.

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

It shall be unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the same is in use, to exceed the noise limits as specified in section 9656.2, prescribed for the assigned noise zone in which the school, hospital or church is located, or which noise level unreasonably interferes with the use of such institution or which unreasonably disturbs or annoys patients in a hospital provided conspicuous signs are displayed in three (3) separate locations within one-tenth of a mile of the institution indicating the presence of a school, church or hospital.

Until July 1, 1986, the noise standards enumerated in sections 9656.2 and 9656.3 shall be increased eight (8) db(A) where the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of this chapter.

The location selected for measuring exterior noise levels shall be at any point within the city limits, including property that is the noise source. Interior noise measurements shall be made within the affected dwelling

unit. The measurement shall be made at a point at least four (4) feet from the wall, ceiling, or floor nearest the alleged offensive noise source and may be made with the windows of the affected unit open.

The Los Angeles County health officer and his duly authorized representatives are directed to enforce the provisions of these sections. The county health officer and his duly authorized representatives are authorized, pursuant to Penal Code Section 836.5, to arrest any person without a warrant when they have reasonable cause to believe that such person has committed a misdemeanor in their presence.

No person shall interfere with, oppose or resist any authorized person charged with enforcement of these provisions while such person is engaged in the performance of his duty.

The owner or operator of a noise source which violates any of the provisions of these sections may file an application with the health officer for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions, the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee in the amount of specified by city council resolution. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one (1) application. Upon receipt of said application and fee, the health officer shall refer it with his recommendation thereon within thirty (30) days to the director for action thereon in accordance with the provisions of these sections.

An applicant for a variance shall remain subject to prosecution under the terms of this section until a variance is granted and shall refrain from exceeding the noise level permitted during such proceedings.

A.

Zoning administrator. The director shall evaluate all applications for variances from the requirements of these sections and may grant said variances with respect to time for compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum compliance with the provisions of these sections. Said terms, conditions and requirements may include, but shall not be limited to limitation on noise levels and operating hours. Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations, the director shall consider the magnitude of the nuisance caused by the offensive noise; the uses of property within the areas of impingement by the noise; the time factors related to the study, design, financing and construction of remedial work; the economic factors related to the age and useful life of equipment; and the general public interest and welfare. Any variance granted by said administrator shall be in writing and shall be transmitted to the health officer for enforcement. Any violation of the terms of variance shall be unlawful.

B.

Appeals. Within fifteen (15) days following the decision of the director on an application, the applicant, the health officer, or any member of the city council, may appeal the decision to the city council by filing a

notice of appeal with the director of community development. In the case of an appeal by the applicant for a variance, the notice of appeal shall be accompanied by a fee to be computed by the director on the basis of the estimated cost of preparing the materials referred to be forwarded to the city council as discussed hereafter, and shall be mailed to all property owners within five hundred (500) feet. If the actual cost of such preparation differs from the estimated cost, appropriate payments shall be made to the city.

ce of appeal shall be accompanied by a fee to be computed by the director on the basis of the estimated cost of preparing the materials referred to be forwarded to the city council as discussed hereafter, and shall be mailed to all property owners within five hundred (500) feet. If the actual cost of such preparation differs from the estimated cost, appropriate payments shall be made to the city.

Within fifteen (15) days following receipt of a notice of appeal and the appeal fee, the director shall forward to the city council copies of the variance application; the recommendation of the health officer; the notice of appeal; all evidence concerning said application received by the director and its decision thereon. The city clerk shall mail to the applicant a notice of the date set for hearing of the appeal. The notice shall be mailed at least ten (10) days prior to the hearing date.

Within sixty (60) days following its receipt of the notice of the appeal, the city council shall either affirm, modify or reverse the decision of the director. As part of its decision, the city council may direct the director to conduct further proceedings on said application. Failure of the city council to affirm, modify or reverse the decision of the director within said sixty (60) day period shall constitute an affirmance of the decision.