Chapter 8.08 — NOISE

It is declared to be policy of the city to prohibit unnecessary, excessive, and annoying noises from all sources subject to its police power. At certain levels noises are detrimental to the health and welfare of the citizenry and in the public interests shall be systematically proscribed.

(Ord. 49 § 1, 1975)

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 fifteen (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" (dB) means a unit of level which donates the ratio between two quantites which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten (10) times the logarithm to the base ten (10) of this ratio.

"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, or scheduled off-hour work to prevent customer inconvenience.

"Frequency" of a function periodic in time means the reciprocal of the smallest increment of time for which the function repeats itself. The unit is the cycle per second or hertz.

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

"Sound level" (noise level) in decibels is sound measured using the A weighting network of a sound level meter. Slow response of the sound level meter needle shall be used except where the sound is impulsive or rapidly varying in nature in which case fast response shall be used.

"Sound level meter" means an instrument including a microphone, an amplifier, an output meter, a frequency weighting networks for the measurement :of sound levels which satisfies the pertinent requirements in American National Standards Institute's Specification S1.4 -1971 or the most recent revision thereof for type S-2A general purpose sound level meters.

"Motor vehicles" shall include, but not be limited to, mini-bikes and go-carts.

"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 occupant of the vehicle in which the automobile radio is installed. "Sound amplifying equipment", as used in this chapter, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

"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 include 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 include, but shall not be limited to, philanthropic, political, patriotic, and charitable purposes.

Supplementary Definitions of Technical Terms. Definitions of technical terms not defined herein shall be obtained from the American National Standards Institute's Acoustical Terminology S1-s-1971 or the most recent revisions thereof.

(Ord. 49 § 2, 1975)

Any sound level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using the "A" weighting.

(Ord. 49 § 3, 1975)

When "ambient noise level" is referred to in this chapter, it means the higher of the following: (1) actual measured ambient noise level; or (2) presumed ambient noise level as determined from the chart below.

Ambient Noise Level

Sound Level A, Decibels

Community Environment

Classification—Rural

• Sound levels recommended by Pacific Gas and Electric Company.

(Ord. 49 § 4, 1975)

A.

Uses Restricted. It is unlawful for any person within 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 or normal sensitiveness residing in the city.

B.

Prima Facie Violation. Any noise level exceeding the ambient noise 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 the provisions of this section.

(Ord. dated 9-25-75; Ord. 49 § 7, 1975)

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, provided conspicuous signs are displayed in such streets, sidewalk or public place indicating the presence of a school, church or hospital.

(Ord. 49 § 8, 1975)

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 noise level by more than five decibels. For the purposes of this section, "noise level" means measured sound level with the following values added as corrections for time duration and character of the noise.

A.

Add one and only one of the following corrections for time duration:

B.

Add one and only one of the following corrections for unusual character:

(Ord. 49 § 9, 1975)

It is unlawful for any person within a residential zone or within a radium of five hundred (500) feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device (between the hours of ten p.m. of one day and seven a.m. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefor has been duly obtained from (the officer or body of the city having the function to issue permits of this kind). No permit shall be required to perform emergency work as defined in Section 8.08.020.

(Ord. 49 Art. 3, 1975)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(Ord. 49 § 5, 1975)