Anderson Municipal Code Ch. 8.30 Noise Control

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

B. It is determined that certain noise levels and vibrations are detrimental to the public health, welfare and safety and are contrary to public interest. Therefore, the city council does ordain and declare that creating, maintaining or causing or allowing to be created, caused or maintained any noise or vibration 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.

(Ord. 373 § 2 (part), 1977)

1. Terminology. All terminology used in this chapter not defined below shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.

2. "A-weighted sound level" means the sound level in decibels as measured on a sound level meter using the A weighting network. The level so read is designated dB(A) or dBA.

3. "Agriculture property" means property which is zoned R-A, residential agricultural; E-A, exclusive agricultural; and S-A, secondary agricultural.

4. "Ambient noise level" means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.

5. "Commercial area" means areas within the city which are zoned for commercial use identified in Title 17 as C-1, C-2, C-3, F-S or CBD zones, or which form part of a PD zone.

6. "Commercial purpose" means the use, operation or maintenance of any sound-amplifying equipment for the purpose of advertising any business, any goods or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage of customers to or for any performance, show, entertainment, exhibition or event, or for the purpose of demonstrating such sound equipment.

7. "Construction" means any site preparation, assembly, erection, substantial repair, alteration or similar action for or of public or private rights-of-way, structures, utilities or similar property.

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

9. "Decibel" means a unit of measuring the amplitude of a sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the second measured to the reference pressure, which is twenty micropascals.

10. "Demolition" means any dismantling, intentional destruction or removal of structures or similar property.

11. "Emergency" means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

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

13. "Fixed noise source" means a stationary device which creates sounds while fixed or motionless, including, but not limited to, residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment.

14. "Gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating, which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.

15. "Impulsive sound" means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts and the discharge of firearms.

16. "Industrial area" means areas within the city which are zoned for industrial uses identified in Title 17 as industrial districts.

17. "Licensed" means the possession of a formal license or a permit issued by the appropriate jurisdictional authority or, where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in the public record.

18. "Mobile noise source" means any noise source other than a fixed noise source.

19. "Motor vehicle" includes any and all self-propelled vehicles as defined in the California Motor Vehicle Code, including all on-highway type motor vehicles subject to registration under said Code, and all off-highway type motor vehicles subject to identification under said Code.

20. "Motorboat" means any vessel propelled by machinery, whether or not any such machinery is the principal source of propulsion, but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States government or any federal agency successor thereto (Section 651(d), Harbors and Navigation Code).

21. "Muffler or sound dissipative device" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise.

22. "Noise" means any sound which annoys or disturbs human beings or which causes or tends to cause an adverse psychological or physiological effect on human beings.

23. "Noise-control officer (NCO)" means the municipal officer having lead responsibility for this chapter.

24. "Noise disturbance" means any sound which endangers or injures the safety or health of human beings or animals, annoys or disturbs reasonable persons of normal sensitivities or endangers or injures personal or real property.

25. "Noise-sensitive zone" means any area designated by this chapter for the purpose of ensuring exceptional quiet.

26. "Noise zone" means any defined areas or regions of a generally consistent land use wherein the ambient noise levels are within a range of 5 dB.

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

28. "Person" means any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state.

29. "Powered model vehicle" means any self-propelled, airborne, waterborne, or land-borne plane, vessel or vehicle which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket.

30. "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.

31. "Public space" means any real property or structures thereon which are owned or controlled by a governmental agency.

32. "Pure tone" means any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of this chapter, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of five hundred Hz and above and by nine dB for center frequencies between one hundred sixty and four hundred Hz and by fifteen dB for center frequencies less than or equal to one hundred twenty-five Hz.

33. "Real property boundary" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.

34. "Residential area" means areas within the city which are zoned for residential uses and are identified in Title 17 as R-1, R-2, R-3, R-6 or which are a part of a PD zone.

35. "RMS sound pressure" means the square root of the time averaged square of the sound pressure, denoted Prms.

36. "Sound-amplifying equipment" means any device for the amplification of the human voice, music or any other sound, excluding standard automobile radios when used and heard only by the occupants of the vehicle in which the radio 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.

37. "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.

38. "Sound level" means the weighted sound 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 version thereof). If the frequency weighting employed is not indicated, the A weighting shall apply.

39. "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.

40. "Sound pressure" means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.

41. "Sound pressure level" means twenty times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure of twenty micropascals (20 x 10-6 N/m 2 ). The sound pressure level is denoted L p or SPL and is expressed in decibels.

42. "Sound truck" means any motor vehicle or other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound-amplifying equipment.

43. "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. For purposes of this chapter, the magnitude of the vibration shall be stated as the acceleration in g units (1 g is equal to 32.2 ft/sec 2 , 9.31 meters/sec 2 ).

44. "Vibration perception threshold" means the minimum ground-borne or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of 0.01 in/sec over the range of one to one hundred Hz.

45. "Weekday" means any day, Monday through Friday, which is not a legal holiday.

(Ord. 373 § 2 (part), 1977)

The noise-control program shall be administered by the city manager, who shall be designated in this chapter noise-control officer (NCO).

(Ord. 373 § 2 (part), 1977)

In order to effectively implement and enforce this chapter, the NCO shall, within a reasonable time after the effective date of the ordinance codified in this chapter:

A. Develop measurement standards and procedures which will further the purposes of this chapter;

B. Develop administrative procedures which will provide for effective enforcement of this chapter, including a variance procedure authorizing exceptions to the application of this chapter;

C. Prepare a noise zone classification map for adoption by resolution of the city council. Such map may be amended from time to time by resolution.

(Ord. 373 § 2 (part), 1977)

A. Notwithstanding any other provision of this chapter or this code, and in addition thereto, it is unlawful for any person to willfully make or continue, or cause to be made or continued, any 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 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:

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;

5. The density of the inhabitation of the area within which the noise emanates;

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 noise is continuous, recurrent or intermittent;

9. Whether the noise is produced by a commercial or noncommercial activity.

C. A violation of any of the provisions of this section shall constitute an infraction, punishable as set forth in Section 1.20.010 of this code.

(Ord. 444 § 2 (part), 1981; Ord. 373 § 2 (part), 1977)

A. Upon receipt of a complaint from a citizen, the noise-control officer or his agent, equipped with sound level measurement equipment satisfying the requirements specified in Section 8.30.020, 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 nonacoustic data:

1. The type of noise source;

2. Location of the noise source relative to the complainant's property;

3. Time period during which the noise source is considered by the complainant to be intrusive;

4. Total duration of noise produced by the noise source;

5. Date and time of the noise measurement survey.

B. The procedure to be followed for measuring noise shall be as follows: Utilizing the A-weighting scale of the sound level meter and the "slow" meter response (use "fast" response for impulsive-type sound), the noise level shall be measured at a position or positions at any point on the receiver's property. In general, the microphone shall be located four to five feet from above the ground and ten feet or more from the nearest reflective surface, where possible; however, in those cases where another elevation is deemed appropriate, the latter shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling or floor nearest the noise source, with windows in the normal seasonal configuration. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.

(Ord. 373 §2 (part), 1977)

A. The noise standards for the various categories of land use identified by the noise-control officer as presented in Table 7-1 of subsection F of this section shall, unless otherwise specifically indicated, apply to all such property within a designated zone.

B. No person shall operate or cause to be operated any source of sound at any location within the incorporated city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person which causes the noise level when measured on any other property, either incorporated or unincorporated, to exceed:

1. The noise standard for that land use (the receiving land use) as specified in Table 7-1 of subsection F of this section for a cumulative period of more than thirty minutes in an hour;

2. The noise standard plus five dB for a cumulative period of more than fifteen minutes in an hour;

3. The noise standard plus ten dB for a cumulative period of more than five minutes in an hour;

4. The noise standard plus fifteen dB for a cumulative period of more than one minute in an hour; or

5. The noise standard plus twenty dB or the maximum measured ambient for any period of time.

C. If the measured ambient level exceeds that permissible within any of the first four noise limit categories in subsection B of this section, the allowable noise standard shall be increased in five dB increments in each category as appropriate to encompass or reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category designated in subsection B of this section, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level.

D. If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus five dB shall apply.

E. If possible, the ambient noise shall be measured at the same location along the property line utilized in subsection B of this section, with the alleged offending noise source inoperative. If for any reason the alleged offending noise source cannot be shut down, the ambient noise must be estimated by performing a measurement in the same general area of the source but at a sufficient distance such that the noise from the source is at least ten dB below the ambient in order that only the ambient level is measured. If the difference between the ambient and the noise source is five to ten dB, then the level of the ambient itself can be reasonably determined by subtracting a one-decibel correction to account for the contribution of the source.

F. Correction for Character of Sound. In the event the alleged offensive noise contains a steady, audible tone such as a whine, screech or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 7-1 shall be reduced by five dB.

The classification of different areas of the community in terms of environmental noise zones shall be determined by the noise-control officer as approved by resolution of the city council based upon assessments of community noise survey data. Additional area classifications should be as appropriate, to reflect both lower and higher existing ambient levels than those shown. Industrial noise limits are intended primarily for use at the boundary of industrial zones rather than for noise reduction within the zone.

Table 7-1 EXTERIOR NOISE LIMITS

G. A violation of any of the provisions of this section shall constitute an infraction, punishable as set forth in Section 1.20.010 of this code.

(Ord. 444 § 2 (part), 1981; Ord. 373 § 2 (part), 1977)

A. The interior noise standards for multifamily residential dwellings as presented in Table 8-1 shall apply, unless otherwise specifically indicated, within all such dwellings with windows in their normal seasonal configuration.

B. No person shall operate or cause to be operated within a dwelling unit any source of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving unit to exceed:

1. The noise standard as specified in Table 8-1 for a cumulative period of more than five minutes in any hour;

2. The noise standard plus five dB for a cumulative period of more than one minute in an hour; or

3. The noise standard plus ten dB or the maximum measured ambient for any period of time.

C. If the measured ambient level exceeds that permissible within any of the noise limit categories designated in subsection B of this section the allowable noise exposure standard shall be increased in five dB increments in each category as appropriate to reflect said ambient noise level.

D. Correction for Character of Sound. In the event the alleged offensive noise contains a steady, audible tone such as a whine, screech or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 8-1 shall be reduced by five dB.

E. A violation of any of the provisions of this section shall constitute an infraction, punishable as set forth in Section 1.20.010 of this code.

Table 8-1 EXTERIOR NOISE LIMITS

(Ord. 444 § 2 (part), 1981; Ord. 373 § 2 (part), 1977)

No person shall unnecessarily make, continue or cause to be made or continued any noise disturbance. 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, television set, phonograph, drum, musical instrument or similar device which produces or reproduces sound:

1. Between the hours of ten p.m. and seven a.m. the following day in such a manner as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 8.30.070, except for activities for which a variance has been issued by the appropriate authority;

2. In such a manner as to exceed the levels set forth for public space in Table 7-1 of subsection F of Section 8.30.070, measured at a distance of at least fifty feet (fifteen meters) from which device operating on a public right-of-way or public space;

B. Loudspeakers (Amplified Sound). Using or operating for any purpose any loudspeaker, loudspeaker system or similar device between the hours of ten p.m. and seven a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential real property line, or at any time violates the provisions of Section 8.30.070, except for noncommercial public speaking, public assembly or other activity for which a variance has been issued by the appropriate authority;

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 city. 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, fairs, circuses and other similar licensed public entertainment events;

D. Animals and Birds. Owning, possessing or harboring any animal or bird which frequently, or for long duration, howls, barks, meows, squawks or makes other sounds, which create a noise disturbance across a residential or commercial real property line or within a noise-sensitive zone. This provision shall not apply to public zoos;

E. 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 ten p.m. and seven 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 8.30.070;

F. Construction. Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration or demolition work between the hours of ten p.m. and seven a.m. the following day on weekdays, or at any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line or at any time violates the provisions of Section 8.30.070, except for emergency work of public service utilities or by a variance issued by the city. This subsection shall not apply to the use of domestic power tools as specified in Section 8.30.090(M);

G. 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 feet (forty-six meters) from the source if on a public space or public right-of-way;

H. Explosives, Firearms and Similar Devices. Using or firing explosives, firearms or similar devices so 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 the city. Such a variance need not be obtained for licensed game-hunting activities on property where such activities are authorized;

I. Powered Model Vehicles. Operating or permitting the operation of powered model vehicles:

1. Between the hours of seven p.m. and seven a.m. the following day so as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 8.30.070,

2. In such a manner as to exceed the levels set forth for public space land use in Table 7-1 of subsection F of Section 8.30.070, measured at a distance not less than one hundred feet (thirty meters) from any point on the path of a vehicle operating on public space or public right-of-way;

J. 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 nonemergency purposes from any place for more than ten seconds in an hourly period;

2. Houses of religious worship shall be exempt from the operation of the provisions of this subsection;

3. Sound sources covered by the provisions of this subsection and not exempted under subdivision 2 of this subsection, shall be exempted by a variance issued by the city;

K. 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, except for emergency purposes or for testing, as provided in subdivision 2 of this subsection;

2. Testing.

a. 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 seconds.

b. 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 limit specified in paragraph a. of this subdivision shall not apply to such complete system testing;

3. Sounding or permitting the sounding of an exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within fifteen minutes of activation;

L. 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 Sections 8.30.070 and 8.30.080; provided that conspicuous signs are displayed indicating the presence of the zone, or

2. Creating or causing the creation of any sound within or adjacent to any noise-sensitive zone containing a hospital, nursing home, school, court or other designated area so as to interfere with the functions of such activity or annoy the occupants in the activity; provided that conspicuous signs are displayed indicating the presence of the zone;

M. Domestic Power Tools.

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

2. Any motor, machinery or pump, such as swimming pool equipment, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance in accordance with Section 8.30.070;

N. Residential Air-conditioning or Air-handling Equipment. Operating or permitting the operation of any air-conditioning or air-handling equipment in such a manner as to exceed any of the following sound levels:

O. Places of Public Entertainment. Operating or permitting to be operated any loudspeaker or other source of sound in any place of public entertainment that exceeds the levels shown in Table 9-1 of this subsection at any point normally occupied by a customer, without a conspicuous and legible sign stating, "WARNING! SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT."

Table 9-1

PERMISSIBLE NOISE EXPOSURES

P. Tampering. The following acts or the causing thereof are prohibited: The removal or rendering inoperative, other than for purposes of maintenance, repair or replacement, of any noise-control device, or element thereof, of any product which is required to meet specified noise emissions units under federal, state or community law, or the removal of any noise label from any such product, or the use of such a product which has had a noise-control device or element thereof or noise label removed or rendered inoperative.

Q. A violation of any of the provisions of this section shall constitute an infraction, punishable as set forth in Section 1.20.010 of this code.

(Ord. 444 § 2 (part), 1981; Ord. 373 § 2 (part), 1977)

A. Motor Vehicles Operating on Public Right-of-way. Motor vehicle noise limits on a public right-of-way are regulated as set forth in Sections 23130 and 23130.5 of the California Motor Vehicle Code. Equipment violations which create noise problems are covered under Sections 27150 and 27151. Any peace officer of any jurisdiction in California may enforce these provisions. Therefore, it shall be the policy of the city to enforce these sections of the California Motor Vehicle Code.

B. Refuse Collection Vehicles.

1. No person shall collect refuse with a refuse collection vehicle between the hours of seven p.m. and six a.m. of the following day in a residential area or noise-sensitive zone.

2. No person authorized to engage in waste disposal service or garbage collection shall operate any truck-mounted waste or garbage loading and/or compacting equipment or similar device in any manner so as to create any noise exceeding the following levels, measured at a distance of fifty feet from the equipment in an open area:

a. New equipment purchased or leased on or after a date six months from the effective date of the ordinance codified in this chapter: 90 dBA;

b. New equipment purchased or leased on or after thirty-six months from the effective date of the ordinance codified in this chapter: 75 dBA;

c. Existing equipment, on or after five years from the effective date of the ordinance codified in this chapter: 80 dBA.

C. Motor Vehicle Horns. It is unlawful for any person to sound a vehicular horn except as a warning signal (Motor Vehicle Code, Section 27001).

D. Motorized Recreational Vehicles Operating Off Public Right-of-way.

1. Except as hereinafter provided, no person shall operate or cause to be operated any motorized recreational vehicle off a public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of Section 8.30.070. This section shall apply to all motorized recreational vehicles, whether or not duly licensed and registered, including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, amphibious craft, campers, snowmobiles and dune buggies, but not including motorboats.

2. The provisions of subsection D(1) shall not apply to commercial racing events conducted within the Shasta District Fairgrounds, provided that no person shall conduct such a racing event unless:

a. Each racing vehicle is equipped with an adequate muffler in constant operation and each motor vehicle does not produce a maximum noise exceeding that amount listed below when measured at a distance of one hundred feet from the centerline of travel under test procedures established by the NCO:

During the year of 1979: 92 dBA

During the year of 1980: 90 dBA

During the year of 1981 and thereafter: 88 dBA

This schedule is to be reviewed in January 1980.

b. The last racing event shall not commence after eleven p.m.

3. Notwithstanding subsection D(2), commercial and noncommercial racing events conducted within the Shasta District Fairgrounds shall comply with the following regulations for any Sunday races:

a. No engines shall be started prior to twelve noon.

b. No racing event shall be started prior to one p.m.

c. All racing events shall end no later than six p.m.

4. Notwithstanding subsection D(3), the time requirements set forth therein shall not apply to commercial racing events conducted within the Shasta District Fairgrounds during the Shasta District Fair nor to the racing events on July 3rd of each year nor on the two Sundays during the annual racing events usually scheduled in the spring and fall of each year.

E. Vehicle, Motorboat or Aircraft Repair and Testing.

1. Repairing, rebuilding, modifying or testing any motor vehicle, motorboat or aircraft in such a manner as to create a noise disturbance across a residential real property line, or at any time to violate the provisions of Section 8.30.070 is prohibited.

2. Nothing in this section shall be construed to prohibit, restrict, penalize, enjoin or in any manner regulate the movement of aircraft which are in all respects conducted in accordance with, or pursuant to, applicable federal laws or regulations.

F. Standing Motor Vehicles. No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of ten thousand pounds, or any auxiliary equipment attached to such a vehicle for a period longer than fifteen minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public right-of-way or public space within one hundred fifty feet (forty-six meters) of a residential area or designated noise-sensitive zone between the hours of ten p.m. and seven a.m. the following day.

G. A violation of any provision of this section, with the exception of those violations classified under state law referenced in subsection A, shall be considered an infraction, punishable as specified in Section 1.20.010 of this code.

(Ord. 660, 1997; Ord. 444 § 5(7), 1981; Ord. 418 § 1, 1979; Ord. 373 § 2 (part), 1977)

A. Emergency Exception. The provisions of this chapter shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, or to the emission of sound in the performance of emergency work.

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

C. Outdoor Activities. The provisions of this chapter shall not apply to occasional outdoor gatherings, public dances, shows and sporting and entertainment events, provided said events are conducted pursuant to a permit or license which may be required b y the city relative to the staging of said events.

D. Exemptions from Exterior Noise Standards. The provisions of Section 8.30.070 shall not apply to activities covered by the following sections:

1. 8.30.090(C), street sales;

2. 8.30.090(D), animals and birds;

3. 8.30.090(I), stationary nonemergency signaling devices;

4. 8.30.090(K), emergency signaling devices;

5. 8.30.090(M), domestic power tools;

6. 8.30.090(N), air-conditioning or air-handling equipment;

7. 8.30.100(A), motor vehicles operating on public right-of-way;

8. 8.30.100(B), refuse collection vehicles.

E. Agricultural Operations. The provisions of this chapter shall not apply to the use of mechanical devices, apparatus or equipment associated with agricultural operations conducted on agricultural property which is zoned R-A, residential agricultural district; E-A, exclusive agricultural district; or S-A, secondary agricultural district.

F. Federal or State Preempted Activities. Any other activity to the extent regulation thereof has been preempted by state or federal law shall be exempted from the provisions of this chapter.

(Ord. 373 § 2 (part), 1977)

A. Special Variances.

1. The NCO is authorized to grant variances for exception from any provision of this chapter, subject to limitations as to area, noise levels, time limits and other terms and conditions as the NCO determines are appropriate to protect public health, safety and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any permit or license required by law for such activities.

2. Any person seeking a variance pursuant to this section shall file an application with the NCO. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. 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 application. Notice of an application for a variance shall be published once in a newspaper of general circulation within the city at least ten days prior to the granting of the variance. Any individual who claims to be adversely affected by allowance of the variance may file a statement with the NCO containing any information to support his claim. If at any time the NCO finds that a sufficient controversy exists regarding an application, a public hearing will be held with notice of such hearing published as provided for in this subdivision.

3. In determining whether to grant or deny the application, the NCO shall balance the hardship on the applicant, the community and other persons of not granting the variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the variance. Applicants for variances and persons contesting variances may be required to submit such information as the NCO may reasonably require. In granting or denying an application, the NCO shall keep on public file a copy of the decision and the reasons for denying or granting the variance.

4. Variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate the variance and subject the person holding it to those provisions of this chapter for which the variance was granted.

5. A variance will not exceed three hundred sixty-five days from the date on which it was granted. Applications for extension of time limits specified in variances or for modification or other substantial conditions shall be treated like applications for initial variances under subdivision 2 of this subsection.

6. The NCO will issue guidelines pursuant to Section 8.30.040, approved by the city council, defining the procedures to be followed in applying for a variance and the criteria to be considered in deciding whether to grant a variance.

B. Variances for Time to Comply.

1. Within ninety days following the effective date of the ordinance codified in this chapter, the owner of any commercial or industrial source of sound may apply to the NCO for a variance in time to comply with the provisions of this chapter. The NCO shall have the authority, consistent with this section to grant a variance not to exceed one hundred twenty days from the effective date of the ordinance codified in this chapter. The same procedures and consideration by the NCO as followed under subsection A of this section shall likewise apply.

C. Appeals. Appeals of an adverse decision shall be made to the city council. Review of the city council shall be de novo.

(Ord. 373 § 2 (part), 1977)

A. Prima Facie Violation. Any noise exceeding the noise level limits for a designated noise zone as specified in Sections 8.30.070 and 8.30.080 or the prohibited actions as specified in Section 8.30.090 shall be deemed to be prima facie evidence of a violation of the provisions of this chapter.

B. Violations. Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and, upon conviction thereof, shall be punished as specified in Section 1.20.010 of this code. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

C. Abatement Orders. In lieu of issuing a notice of violation as provided for in subsection D of this section, the NCO or other official responsible for enforcement of any provision of this chapter may issue an order requiring abatement of a sound source alleged to be in violation, within a reasonable time period and according to guidelines which the NCO may prescribe. No complaint or further action shall be taken in the event that the cause of the violation has been removed, the condition abated or fully corrected within the time period specified in the written notice.

D. Notice of Violation. Except where a person is acting in good faith to comply with an abatement order issued pursuant to subsection C of this section, violation of any provision of this chapter shall be cause for a notice of violation to be issued by the NCO or other responsible enforcement official according to procedures which the NCO may prescribe.

E. Violations—Additional Remedies—Injunctions. 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 causes or creates sound levels or vibration exceeding the allowable limits as specified in this chapter, is a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. Additionally, no provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law.

F. Citizen Suits.

1. After thirty days' formal notice of complaint to the enforcing agency, any citizen of the city may bring and maintain an action for injunctive relief to compel enforcement of this chapter.

2. Subdivision 1 of this subsection does not prevent any person from commencing a civil action on his own behalf against any person who is alleged to be in violation of any provision of this chapter.

(Ord. 444 § 5(8), 1981; Ord. 373 § 2 (part), 1977)