Chapter 6.60 — NOISE

In order to control unnecessary, excessive and annoying noise in the county, it is hereby declared to be the policy of the county to prohibit such noise generated from or by all sources as specified in this chapter. It shall be the policy of the county to maintain quiet in areas which exhibit low noise levels and to implement programs aimed to reduce noise in those areas within the county where noise levels are above acceptable values.

It is determined that certain noise levels are detrimental to the public health, welfare and safety, and are contrary to public interest. Therefore, the Board of Supervisors does ordain and declare that creating, maintaining, causing or allowing to be created, caused or maintained, any noise in a manner prohibited by or not in conformity with the provisions of this chapter, is a public nuisance and shall be punishable as such.

(Prior gen. code 3-107.101)

"Ambient noise level" means the all encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

"'A' weighted sound level" means the total sound level in decibels of all sound as measured with a sound level meter with a reference pressure of twenty (20) micropascals using the 'A' weighted network (scale) at slow response. The unit of measurement shall be defined as dB(A).

"Church" means any building or portion thereof regularly used by people as a place to worship God and known by those familiar with the neighborhood to be so used.

"Commercial properties" means any building, structure, premise or portion thereof used for wholesale or retail purposes on which the property user or employees are engaged in work for which it is intended that compensation be received for goods or services.

"Construction" means construction, erection, enlargements, alteration, conversion or movement of any building, structures or land together with any scientific surveys associated therewith.

"Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted.

"Decibel (dB)" means a unit for measuring the amplitude of sounds, equal to twenty (20) times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.

"Director" means the director of environmental health of the county or his duly authorized deputy.

"Dwelling unit" means a single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

"Emergency work" means the use of any machinery, equipment, vehicle, manpower or other activity in a short term effort to protect or restore safe conditions in the community, or work by private or public utilities when restoring utility service.

"Hospital" means any building or portion thereof used for the accommodation and medical care of the sick, injured or infirm persons and includes rest homes and nursing homes.

"Impulsive noise" means a noise of short duration usually less than one second and of high intensity with an abrupt onset and rapid decay.

"Intruding noise level" means the total sound level in decibels, created, caused, maintained or originating from an alleged offensive source at a specified location while the alleged offensive source is in operation.

"Noise disturbance" means any sound as judged by any person empowered to enforce this chapter, which (A) endangers or injures the safety or health of human beings or animals, or (B) endangers or injures personal or real property, or (C) annoys or disturbs a reasonable person of normal sensitivity. The factors which shall be considered in determining whether a violation of (C) exists shall include, but not be limited to the following:

The relative sound level of the objectionable noise to the ambient noise;

2.

The proximity of the objectionable noise to residential sleeping facilities or public camping facilities;

3.

The number of persons affected by the objectionable noise;

4.

The day of the week and time of day or night the objectionable noise occurs;

5.

The duration of the objectionable noise and its tonal, informational or musical content;

6.

Whether the objectionable noise is continuous, recurrent or intermittent;

7.

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

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

"Recreational motor vehicle" means any motor vehicle (as that term is defined in the California Vehicle Code) and shall also include, but not be limited to, motorcycles, go-carts, campers, dune buggies and commercial or noncommercial racing vehicles. A "recreational motor vehicle" does not include a motorboat.

"Residential property" means a parcel of real property which is developed and used either in whole or in part for residential purposes.

"School" means public or private institutions, including vocational schools, conducting regular academic instruction at preschool, kindergarten, elementary, secondary or collegiate levels.

"Simple tone noise" means any sound which is distinctly audible as a single pitch or a set of single pitches as judged by any person empowered to enforce this chapter.

"Sound level meter" means an instrument used for measurement of sound levels, which meets the American National Standard Institute's Standard S14-1971 or most recent revision thereof for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

"Sound pressure level" of a sound, in decibels, means twenty (20) times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure which is twenty (20) micropascals.

(Prior gen. code §§ 3-107.201—3-107.221)

A.

Any noise measurement made pursuant to the provisions of this chapter shall be made with a sound level meter using the 'A' weighted network (scale) at slow meter response. Fast meter response shall be used for an impulsive noise. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise date.

B.

The exterior noise levels shall be measured at any point on the affected residential property, school, hospital, church, public library or commercial property. Where practical, the microphone shall be positioned three to five feet above the ground and away from reflective surfaces.

(Prior gen. code §§ 3-107.301, 3-107.302)

A.

It is unlawful for any person at any location within the unincorporated area of the county to create any noise or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person which causes the exterior noise level when measured at any single- or multiple-family residential, school, hospital, church, public library or commercial properties situated in either the incorporated or unincorporated area to exceed the noise level standards as set forth in Table 6.60.040A or Table 6.60.040B following:

Table 6.60.040A

RECEIVING LAND USE — SINGLE- OR MULTIPLE-FAMILY RESIDENTIAL, SCHOOL, HOSPITAL, CHURCH OR PUBLIC LIBRARY PROPERTIES

NOISE LEVEL STANDARDS, dB(A)

0

70

65

5

Table 6.60.040B

RECEIVING LAND USE — COMMERCIAL PROPERTIES NOISE LEVEL STANDARDS, dB(A)

B.

In the event the measured ambient noise level exceeds the applicable noise level standard in any category above, the applicable standard shall be adjusted so as to equal said ambient noise level.

C.

Each of the noise level standards specified in Tables 6.60.040A and B shall be reduced by five dB(A) for simple tone noises, noises consisting primarily of speech or music or for recurring impulsive noises.

D.

If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be measured, the noise level measured while the source is in operation shall be compared directly to the applicable noise level standards in Table 6.60.040A and Table 6.60.040B.

E.

Notwithstanding the noise level standards set forth in this section, the noise level standard applicable to the emission of sound from transformers, regulators, or associated equipment in electrical substations shall be 60 dB(A).

(Prior gen. code §§ 3-107.401—3-107.405)

A.

No person shall make or cause to be made any noise disturbance as defined in Section 6.60.020 of this chapter.

B.

Notwithstanding any of the provisions of this chapter, the following acts are prohibited within the unincorporated area of the county of Alameda, subject only to the exceptions of Section 6.60.070:

1.

Radio, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, stereo, television set, audio equipment, electronic equipment, drum, musical instrument, or device which produces or reproduces sound at any time of day plainly audible at a distance of fifty (50) feet from such device. This section does not apply to places of public entertainment or to events for which a lawful permit has been obtained, provided that the activities producing sound are being conducted in compliance with the permit. This section does not apply to the operation of sound amplification systems in vehicles to the extent those systems are subject to California Vehicle Code Section 27007.

2.

Animals and Birds. The keeping of any animal or bird, as pet or livestock, which causes frequent or continuous noise plainly audible at a distance of fifty (50) feet from such animal. For the purposes of this subsection, the animal noise shall not be deemed a disturbance or nuisance if the noise is in response to a person trespassing or threatening to trespass upon private property in or upon which the animal is situated or if the noise is in response to someone teasing or provoking the animal.

However, any person teasing or provoking the animal noise shall be guilty of a violation of this chapter.

3.

Electric/Gas Powered Tools in Residential Areas: Vehicle Maintenance.

a.

Operation or use in residential areas between the hours of seven p.m. and seven a.m. on a weekday or between the hours of seven p.m. and eight a.m. on a weekend, of any electric or gasoline powered leaf blower, sweeper, vacuum, lawn mower, trimmer, edger, hedger or similar tool or device which produces sound which is plainly audible at a distance of fifty (50) feet from such device.

b.

Repairing, rebuilding, modifying or testing any vehicle in residential areas between the hours of seven p.m. and seven a.m., in such a manner as to produce sound which is plainly audible at a distance of fifty (50) feet from the vehicle.

Emergency Signaling Devices. The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing; provided such testing is conducted as follows:

a.

The testing of a stationary emergency signaling device shall not occur before seven a.m. or after seven p.m. Any such testing shall use only the minimum cycle test time, in no case shall such test time exceed sixty (60) seconds.

b.

The 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 seven a.m. or after ten p.m. The time specified in subsection (B) (4)(a) of this section shall not apply to such complete system testing;

5.

Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within fifteen (15) minutes of activation. Pre-existing installations will be allowed a period of ninety (90) days for correction;

6.

Stationary Nonemergency Signaling Devices.

a.

Sounding or permitting the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place, for more than ten seconds in any hourly period,

b.

Churches shall be exempt from the operation of this provision,

c.

Sound sources covered by this provision and not exempted under subsection (B)(6)(b) of this section may be exempted by a variance issued by the director of environmental health;

7.

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 nine p.m. and six a.m. 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 6.60.040.

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 property boundary of the source if on private property or at one hundred fifty (150) feet (forty-six (46) meters) from the source if on a public space or public right-of-way.

C.

Notwithstanding the provisions of Section 6.60.040, where the intruding noise source, as measured pursuant to Section 6.60.030, is a residential air conditioning or refrigeration system or associated equipment installed prior to July 1, 1980, the exterior noise level shall not exceed fifty-five (55) dB(A). The exterior noise level shall not exceed fifty (50) dB(A) for such equipment installed after July 1, 1980.

D.

"Plainly audible" means any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic base component of the music is sufficient to constitute a plainly audible sound.

E.

The restrictions contained in Section 6.60.050(B)(1), (2) and (3) shall not apply to:

1.

Activities which are governed by conditional use permits or other permits issued by the county, if those permits expressly regulate or control the amount of noise or sound which may be generated by the activities which are governed by the permit;

2.

Unincorporated areas of the county within the east county area plan; or

3.

Unincorporated areas of the county outside the urban growth boundary, as defined by "Measure D" ("Save Agricultural and Open Space Lands Initiative of 2000").

(Ord. 2005-16 §§ 1-4; prior gen. code §§ 3-107.501—3-107.503)

A.

Recreational Motorized Vehicles Operating Off A Public Highway. No person shall operate or cause to be operated any recreational motorized vehicle off a public highway in such a manner as to create a noise disturbance or exceed the standards set forth in Section 6.60.040 of this chapter.

B.

Vehicle, Motorboat or Aircraft Repair and Testing. No person shall repair, rebuild, modify or test any vehicle, motorboat, or aircraft in such a manner as to create a noise disturbance or exceed the standards set forth in Section 6.60.040 of this chapter.

(Prior gen. code §§ 3-107.601—3-107.602)

A.

Emergency Exception. The provisions of this chapter shall not apply to:

1.

The emission of sound for the purpose of alerting persons to existence of an emergency; or

2.

The emission of sound in the performance of emergency work.

B.

Warning Devices. Warning devices, necessary for the protection of public safety as, for example, police, fire and ambulance sirens and train horns shall be exempted from the provisions of this chapter.

C.

Federal or State Preempted Activities. The provisions of this chapter shall not apply to any other activity to the extent regulation thereof has been preempted by state or federal law.

D.

Public Health, Welfare and Safety Activities. The provisions of this chapter shall not apply to construction or maintenance and repair operations conducted by public agencies and/or utility companies or their contractors which are deemed necessary to serve the best interests of the public and to protect the public health, welfare and safety, including, but not limited to street sweeping, debris and limb removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, vacuuming catch basins, repairing of water hydrants and mains, gas lines, oil lines, sewers, storm drains, roads, sidewalks, etc.

E.

Construction. The provisions of this chapter shall not apply to noise sources associated with construction, provided said activities do not take place before seven a.m. or after seven p.m. on any day except Saturday or Sunday, or before eight a.m. or after five p.m. on Saturday or Sunday.

F.

Maintenance of Residential Property. The provisions of this chapter shall not apply to noise sources associated with the maintenance of residential property provided said activities take place between the

hours of seven a.m. and nine p.m. on any day except Saturday or Sunday, or between the hours of nine a.m. and eight p.m. on Saturday or Sunday.

G.

Proviso. Notwithstanding the provisions of subsections D, E and F of this section, no exemptions from the provisions at this chapter shall be granted for activities specified in said sections where equipment used for those activities, including mufflers, is not maintained in the condition for which it was designed or intended and thereby unnecessarily increases noise levels so as to cause a noise disturbance or exceed the standards set forth in Section 6.60.040 of this chapter.

(Prior gen. code §§ 3-107.701—3-107.707)

Prior to the approval of any zone change, general plan amendment, precise development plan, conditional, use permit, zone variance or specific plan; upon request

A.

The director shall review the noise impact of the proposed action by identifying existing and projected noise sources and the associated sound levels.

B.

The director shall recommend usage of adequate control measures on noise sources identified in subsection A of this section which will be in violation of any provision of this chapter or the noise quality standards of the noise element of the county general plan.

(Prior gen. code § 3-107.801)

A.

Any violation of this chapter is an infraction punishable by (1) a fine of one hundred dollars ($100.00) for a first violation; (2) a fine of two hundred dollars ($200.00) for a second violation of this chapter within one year; (3) a fine of five hundred dollars ($500.00) for each additional violation of this chapter within one year.

B.

As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this chapter, so as to cause a noise disturbance, shall be deemed and is hereby 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.

(Ord. 2005-16 § 5: prior gen. code §§ 3-107.901—3-107.903)

A.

The director is directed to enforce the provisions of this chapter except for Section 6.60.050(B)(1), (2) and (3) which shall be enforced by peace officers. The director and peace officers may jointly enforce Sections 6.60.050(A) and 6.60.060 of this chapter.

B.

No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his duties.

(Ord. 2005-16 § 6: prior gen. code § 3-107.904)

A.

The owner or operator of a noise source which the director has determined violates any of the provisions of this chapter may file an application with the director for variance from strict compliance with any particular provision of this chapter where such variance will not result in a hazardous condition or a nuisance and strict compliance would be unreasonable in view of all the circumstances. Said owner or operator shall set forth all actions taken to comply with said provision(s) and the reasons why immediate compliance cannot be achieved. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership or fixed sources under common ownership on a single property may be combined into one application.

Upon receipt of said application and within thirty (30) days thereof, the director shall either approve such request, in whole or in part, or deny the request. In the event the variance is approved, reasonable conditions may be imposed which may include restrictions on noise level, noise duration and operating hours, an approved method of achieving compliance and a time schedule for its implementation.

Factors which the director must consider shall include but not be limited to the following:

1.

Uses of property within the area affected by the noise;

2.

Factors related to initiating and completing all remedial work;

3.

Age and useful life of the existing noise source;

4.

The general public interest, welfare and safety;

Conditions, policies, or guidelines imposed by other agencies or other commissions including the planning commission conditions and planning commission or ALUC policies and guidelines.

B.

Within thirty (30) days following the decision of the director on an application for a variance, the applicant may appeal the decision to the Board of Supervisors for a hearing de novo by filing a notice of appeal with the clerk of the Board of Supervisors. The Board of Supervisors shall either affirm, modify or reverse the decision of the director. Such decision shall be final and shall be based upon the considerations set forth in this section.

(Prior gen. code § 3-107.905)

This chapter shall be liberally construed so as to effectuate its purposes.

(Prior gen. code § 3-107.906)