Arcata Municipal Code Art. 1 General Provisions

This Chapter shall be known as and referred to as the Downtown Plaza Area Noise Ordinance, and is adopted as a measure addressing public health, welfare and conduct.

(a) It is hereby declared to be the policy of the City of Arcata to prohibit unnecessary, excessive and annoying noise from all sources in the Downtown Plaza area subject to its police power. The City declares and finds that excessive noise levels, offensive noise, and unreasonably disturbing noise are detrimental to the public health, welfare and safety and are contrary to the public interest as follows:

1. By interfering with sleep, communication, relaxation and the full use of private property;

2. By interfering with the use and enjoyment of the Arcata Plaza by the general public;

3. By interfering with noise-sensitive land uses, particularly residential apartments and transient lodging, which are allowed within the Downtown Plaza area;

4. By contributing to hearing impairment and a wide range of adverse physiological stress conditions;

5. By interfering with productive commerce;

6. By adversely affecting the value of real property.

(b) The City further finds that noises which are boisterous, penetrating, repetitive, of unusual rhythmic or tonal character, of long duration, or that are unreasonably distracting in any other manner, are especially likely to be detrimental and harmful to the Downtown Plaza area and offensive to the area’s residents, merchants, employees, patrons and other users of ordinary sensitivity.

(c) It is the intent of this Chapter to protect the public health, comfort, convenience, safety, welfare, prosperity, peace, and quiet of the Downtown Plaza area, its inhabitants, employees, patrons and other users by reducing excessive noise levels and by prohibiting the making of offensive or unreasonably disturbing noises.

All terms and phrases used in this chapter shall have the meanings as defined herein. The definition of a term or phrase shall apply to any of that term’s or phrase’s variants.

1. A-weighted sound level means the sound level in decibels as measured on a sound level meter using the A-weighting scale, abbreviated as dBA, measured as set forth in this chapter.

2. Ambient noise level means the composite of noise from all sources near and far measured at a particular location and time but without inclusion of noise from individual identifiable sources which are not normally present. The ambient noise level shall be measured as an average sound level during a five-minute period as measured with a precision sound level meter, using slow response and "A-weighting" and with the noise source at issue silent. The ambient noise level constitutes the normal or existing level of environmental noise at a given location, minus the source which is the subject of enforcement. However, for purposes of this Chapter, in no case shall the ambient noise level be considered or determined to be less than 55 dBA during the time period from 10:00 p.m. to 7:00 a.m. or less than 65 dBA during the time period from 7:00 a.m. to 10:00 p.m.

3. Amplified Sound means any sound created by the use of sound amplifying equipment.

4. Decibel (dB) means a unit of measurement which indicates the relative intensity of a sound. It is equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals.

5. Downtown Plaza area shall mean that area defined in Section 10800.

6. Intrusive or intruding noise means that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency, time of occurrence, rhythmic character and tonal or informational content as well as the prevailing ambient noise level.

7. Noise disturbance means any sound which violates the standards of this ordinance.

8. Noise control officer means the Police Chief of the City of Arcata, or his or her designee.

9. Public right-of-way means any street, avenue, highway, alley, sidewalk or similar place which is owned or controlled by a governmental entity.

10. Public space means any real property or structures thereon which are owned or controlled by a governmental entity.

11. 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.

12. 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.

13. Sound level means the level of sound measured in decibels.

14. Sound level meter means a sound measuring instrument meeting American National

Standard Institute’s Standard S1.41971 or the most recent revision thereof for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which provide equivalent data. (Ord. 1516, eff. 8/16/2019)

Notwithstanding any other provisions of this Chapter, and in addition thereto, it shall be unlawful for any person to willfully or negligently make or continue, or cause to be made or continue, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of the Downtown Plaza Area, or which causes any discomfort or annoyance to any reasonable person of normal sensitivity residing, working, shopping or otherwise using or visiting in the Downtown Plaza Area. The standards which shall be considered in determining whether a violation of the provisions of this section exist shall include, but not be limited to the following:

1. the level of the noise;

2. whether the nature of the noise is usual or unusual;

3. the level and intensity of the ambient noise;

4. the proximity of the noise to residential or transient lodging facilities;

5. the number of persons affected by the noise;

6. the time of the day or night the noise occurs;

7. the duration of the noise;

8. whether the noise is recurrent, intermittent or constant; and

9. the tonal and rhythmic content of the noise.