Arvin Municipal Code Art. II Nuisances

Nuisances include, but are not limited to, noises that are unreasonably loud, raucous, or jarring to persons within the area of audibility in a residential area, including, but not limited to:

1. Airplane Motors. The testing of any aircraft power plant (except while warming up for a take-off) unless such testing is done within a building or specially designed structure and the noises from such testing are reasonably confined to such building or structure;

2. Horns, Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle, street car, or other vehicle on any street or public place of the city unless it is done to warn of danger; the sounding of any device for an unnecessary or unreasonable period of time; the use of any signaling device except one operated by hand or electricity;

3. Radios, Phonographs and Musical Instruments. Using or operating, or permitting to be played, used, or operated during the hours of application set forth below any sound system, musical instrument, phonograph, compact disc player, MP3 player, tape player, television set, or instrument or device similar to those heretofore specifically mentioned for the production or reproduction of sound in volume sufficiently loud as to disturb the peace, quiet or repose of persons of ordinary and normal sensitiveness who are in the immediate vicinity of such machine or device.

4. Loud Speakers and Amplifiers for Advertising. Using or operating, or permitting to be played, used, or operated, any sound system, receiving set, musical instrument, phonograph, loud speaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure;

5. Yelling, Shouting, Whistling and Singing. Yelling, shouting, hooting, whistling, or singing on the public streets at any time so as to annoy or disturb the quiet, comfort, or repose of persons in any office, dwelling, hotel, or other type of residence, or of any persons in the vicinity;

6. Animals and Birds. The keeping of any animal, including dogs or cats, or birds, which, by causing frequent or long continued noise, disturbs the comfort or repose of any persons in the vicinity;

7. Steam Whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work, as a warning of fire or danger, or upon request of proper city authorities;

8. Motor Vehicles and Exhausts. The racing of the engine of any motor vehicle or needless bring to a sudden start or stop any motor vehicle. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;

9. Defects in Vehicles and Loads. The use of any automobile, motorcycle, or vehicle so out of repair or so loaded in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise;

10. Loading, Unloading and Opening Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers;

11. The Erection (Including Excavation), Demolition, Alteration, or Repair of Any Building. The erection (including excavation, demolition, alteration, or repair) of any building other than between the hours of six a.m. (6:00) and nine p.m. (9:00), except in cases of urgent necessity in the interests of public health and safety, and then only with a permit from the city manager or his or her designee, which permit may be granted for a period not to exceed three (3) days or less while the emergency continues and which permit may be renewed for a period of three (3) days or less while the emergency continues. Minor repairs may be made at any time provided that they do not disturb the peace, quiet, and comfort of the neighboring inhabitants. If the city manager or his or her designee determines that the public health and safety will not be impaired by the erection, demolition, alteration, or repair of any building or the excavation of streets and highways other than during the hours permitted by this section, and if he or she shall further determine that loss or inconvenience would result to any party in interest, he or she may grant permission for such work to be done upon application being made at the time the permit for the work is awarded or during progress of the work. If the public health and safety dictates, the city manager may impose more restrictive hours during which work is permitted to be performed pursuant to this section;

12. Schools, Courts, Churches and Hospitals. The creation of any plainly audible excessive noise on any street adjacent to any school, institution of learning, church, or court, while the same is in use, or adjacent to any hospital which 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 indicating that the same is a school, institution of learning, church, court or hospital;

13. Hawkers and Peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturb the peace and quiet of the neighborhood;

14. Transportation of Metal Rails, Pillars and Columns. The transportation of rails, pillars, or columns of iron, steel, or other material over and along streets and other public places upon carts, drays, cars, trucks, or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places;

15. Street Railway Cars. The causing, permitting, or continuing of any excessive, unnecessary, and avoidable noise in the operation of a street railway car;

16. Pile Drivers, Hammers and Appliances. The operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other appliance, the use of which is attended by loud or unusual noise, except between the hours of six a.m. (6:00) and nine p.m. (9:00);

17. Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.

(Ord. 364 §1(part), 2005).

(Ord. No. 414, §§ 3, 5, 3-18-2014)

Editor's note— Ord. No. 414, § 5, adopted March 18, 2014, repealed § 9.08.050, which pertained to permits and derived from Ord. 364 §1(part), 2005.

The following acts or conditions are exempt from having to comply with this chapter:

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

B. Public gatherings, shows, and dances, for which a city license has been issued;

C. Any mechanical device, apparatus, or equipment which is utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions;

D. Any mechanical device, apparatus, or equipment used, related to or connected with emergency machinery, work, vehicles;

E. Any activity involving noise for which the city council has granted a variance;

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

(Ord. 364 §1(part), 2005).

A. Any person who owns, leases or otherwise controls property on which said person knows a nuisance as defined in Section 9.08.040 of this chapter exists and who fails to take immediate and reasonable steps to abate said nuisance shall be guilty of violating this chapter and subject to an administrative citation as authorized in Chapter 1.09 of the Arvin Municipal Code.

B. Each person shall be guilty of a separate offense for each and every designated period any violation of this section is committed or continued by such person and shall be punishable accordingly.

(Ord. 364 §1(part), 2005).