Banning Municipal Code Ch. 8.44 Noise

The purpose of this chapter is to establish criteria and standards for the regulation of noise levels within the city and to implement the noise provisions contained in the city's General Plan.

(Code 1965, § 11D-01.)

It is hereby found and declared that:

A. The making, creation or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use, affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city; and

B. The necessity for the provisions and prohibitions hereinafter contained and enacted is hereby declared as a matter of legislative determination and public policy. It is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city.

(Code 1965, § 11D-02.)

"Ambient noise" shall mean the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding any intrusive noise.

"Capital Improvement" shall mean major construction, acquisition or maintenance/repair projects. Typical examples of major construction would include new street improvements, park development and construction of public buildings or structures, treatment plants. Structures include lighting, sewer and water pipelines and other related utility structures including treatment plants, gas, electric and other infrastructure, landscaping and drainage facilities and all other public infrastructure. "Acquisitions" include the acquisition of land or interest in land. Major maintenance/repairs may include street resurfacing and modifications to public buildings and structures.

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

"Cumulative time period" shall mean a period of time composed of individual time segments which may be continuous or interrupted.

"Decibel (dB)" shall mean a measurement unit of sound pressure level which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio.

"Governmental agency" shall mean the United States (federal government), the State of California, Riverside County, the City of Banning, the school district and any special district within Riverside County or any combination of these agencies.

"Impact noise" shall mean the sound produced by the impact or collision of one moving object or mass with a second object or mass that is stationary or moving.

"Intrusive noise" shall mean a sound which intrudes over and above the existing ambient noise level at a given location.

"Motor-driven vehicle" shall include, but not be limited to, any automobile, truck, van, bus, motorcycle, minibike, go-cart or other self-propelled vehicle, on or off road, and aircraft.

"Noise" shall mean any sound that is loud or disturbing or that interferes with one's ability to hear some other sound.

"Noise level" shall mean the "A" weighted sound pressure level in decibels audible to humans obtained by using a sound level meter. The unit of noise level measurement shall be designated as dB(A).

"Person" shall mean a person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature.

"Public property" shall mean property that is owned by any governmental agency as indicated in this section or held by the public, including, but not limited to, parks, streets, sidewalks, and alleys.

"Simple tone noise" shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished.

"Sound pressure level of a sound, in decibels" shall mean twenty times the logarithm to the base ten of the ratio of the pressure of this sound to the reference pressure, which reference pressure shall be explicitly stated.

As used in Section 8.44.090(H), "person of normal hearing sensitivity" means a person who has a hearing threshold level of between zero decibels and twenty-five decibels HL averaged over frequencies 500, 1000, and 2000 Hertz.

(Code 1965, § 11D-03.)

(Ord. No. 1454, § 4, 10-9-12)

A. Any noise level measurement, made pursuant to the provisions of this chapter, shall be determined by using a sound level meter that meets the minimum requirements of the American National Standard Institute for sound level meters, or by using an instrument with associated recording and analyzing equipment that will provide equivalent data.

B. The factors 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 number of persons affected by the noise source;

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 produced by a commercial or noncommercial activity;

C. The above factors shall be considered in addition to the noise levels set forth in this section in determining a violation. However, noises do not necessarily need to exceed those noise level limits to be considered unnecessary or unusual so as to cause discomfort or annoyance to persons in the area.

(Code 1965, § 11D-04.)

All ambient noise measurements shall commence at the base ambient noise levels in decibels within the respective times and zones as follows:

Actual decibel measurements exceeding the levels set forth hereinabove at the times and within the zones corresponding thereto shall be employed as the "base ambient noise level" referred to in this chapter. Otherwise, no ambient noise shall be deemed to be less than the above specified levels.

(Code 1965, § 11D-05.)

Except as otherwise specifically provided herein, all reference to "exterior noise" or "exterior noise levels" as used in this chapter shall be as measured at any point relative to the closest point of the source of the noise at the property line of the complaining party. Measurements will not be made during extraordinary times, such as during the movement of a nearby train or airplane.

(Code 1965, § 11D-06.)

No noise level shall exceed the following for the duration periods specified:

(Code 1965, § 11D-07.)

Any provision contained herein to the contrary notwithstanding, no exterior noise level shall exceed the base ambient noise levels (BANL) for nonresidential land uses set forth in any development agreement applicable to such development or as otherwise specifically set forth in any development standard which is by its terms enforceable by the city against the noise maker.

(Code 1965, § 11D-08.)

Sound emanating from the following sources is exempt from the provisions of this chapter:

A. Capital improvement projects of a governmental agency.

B. Maintenance and repair of public properties by a governmental agency.

C. Public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel, and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobile, so long as such sound is reasonably related to, and necessary for, the undertaking of official public safety duties.

(Ord. No. 1454, § 2, 10-9-12)

Any other provision of this chapter notwithstanding, the following acts are expressly prohibited as a violation of this chapter. Such acts are hereby expressly declared to be loud, unusual and unnecessary noises in violation of this chapter. namely:

A. Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the city, except as a danger warning. Back-up beepers may be sounded consistent with the maximum duration periods set forth in Section 8.44.080 of this chapter. The creation by means of any such signaling device of any unreasonably loud or harsh sound and, the sounding of any such device for an unnecessary and unreasonable period of time. For the purposes of establishing an unnecessary and unreasonable period of time with respect to automobile anti-theft alarm devices, such alarm shall not sound in excess of fifteen minutes.

B. Radios, televisions and stereos, etc. It shall be unlawful for any person, without special permit or as may otherwise be provided in this ordinance code, to play, use, operate or permit to be played, used or operated, any radio, television set, musical instrument, phonograph, stereophonic equipment, jukebox or other machine or device, for producing, reproducing or amplifying sound at such sound levels as to cause the sound level to exceed forty dB(A) as measured within the residence of any complaining person.

C. Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets in such manner as to exceed the maximum exterior noise level permitted under this chapter.

D. Animals, fowl, etc. It is unlawful for any person to keep or allow to be kept, or suffer or permit any animal to remain upon the premises under the control of such a person, when such animal habitually barks, whines or makes loud and unusual noises in such a manner as to disturb the peace and quiet of the neighbors surrounding or in the vicinity of such premises, or whose barking or howling or other sound or cry interferes with any person of ordinary sensitiveness in the reasonable and comfortable enjoyment of life and property. This provision shall not apply to farm animals within any zone where such farm animals are permitted by this ordinance code.

E. Construction, landscape maintenance or repair.

1. It shall be unlawful for any person to engage in or permit the generation of noise related to landscape maintenance, construction including erection, excavation, demolition, alteration or repair of any structure or improvement, at such sound levels, as measured at the property line of the nearest adjacent occupied property, as to be in excess of the sound levels permitted under this chapter, at other times than between the hours of 7:00 A.M. and 6:00 P.M. The person engaged in such activity is hereby permitted to exceed sound levels otherwise set forth in this chapter for the duration of the activity during the above described hours for purposes of construction. However, nothing contained herein shall permit any person to cause sound levels to at any time exceed fifty-five dB(A) for intervals of more than fifteen minutes per hour as measured in the interior of the nearest occupied residence or school.

2. Construction related noise as defined in subsection (E)(1) immediately above, may take place outside the time period set forth in subsection (E)(1) and above the relative sound levels in case of urgent necessity in the interest of public health and safety, and then only with the prior permission of the building inspector. Such permit may be granted for a period not to exceed three days or until the emergency ends, whichever is less. The permit may be renewed for periods of three days while the emergency continues.

3. Unless exempted by this chapter, if the building official should determine that the public health and safety will not be impaired by the construction related noise, the building inspector may issue a permit for construction within the hours of 6:00 P.M. and 7:00 A.M., upon application being made at the time the permit for the work is awarded or during the progress of the work. The building official may place such conditions on the issuance of the permit as to him or her shall seem appropriate to maintain the public health and safety.

F. Machinery, equipment, fans and air conditioning. It shall be unlawful for any person to operate, cause to operate or permit the operation of any machinery, equipment, device, pump, fan, compressor, air conditioning apparatus or similar mechanical device, including the use of any steam shovel, pneumatic hammer, derrick, steam or electric hoist, blower or power fan, or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, or other appliance, in any manner so as to create any noise which would cause the noise level at the property line of the property upon which the equipment or machinery is operated to exceed the base ambient noise level by five dB(A).

G. Motor driven vehicles. It shall be unlawful for any person to operate any motor driven vehicle within the city that, due to the nature of the operation of the vehicle, or due to the operating condition of the vehicle, or due to any modification made to the vehicle, in such manner as to exceed noise levels set forth in Section 8.44.050 hereof.

1. Exhaust. It shall be unlawful for any person to discharge into the open air the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor driven vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

H. Notwithstanding any other provisions of this chapter and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary and unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal hearing sensitivity residing in the area. The standard which may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following:

1. The level of noise;

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

3. Whether the origin of the noise is natural or unnatural;

4. The level and intensity of the background noise, if any;

5. The proximity of the noise to residential sleeping facilities;

6. The nature of the zoning of the area within which the noise emanates;

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

8. The time of the day and night the noise occurs;

9. Whether the noise is recurrent, intermittent, or constant;

10. The duration of the noise; and

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

I. No person shall use or operate a radio, tape player, tape recorder, record player, television or similar device in a vehicle on a street, which is audible to a person of normal hearing sensitivity, more than twenty-five feet from said vehicle.

(Code 1965, § 11D-09.)

(Ord. No. 1454, § 3, 10-9-12)

In applying the regulations set forth in this chapter, each source of noise shall be subject only to such regulation as shall apply to the zone, including any designated truck route, within which it is located. A use lying adjacent to a zone with a more restrictive noise requirement hereunder shall not be required to conform to that more restrictive requirement. For purposes of this subsection, "zone" shall be as utilized in Title 17 of the Banning Ordinance Code.

(Code 1965, § 11D-10.)

A. Upon the occurrence of an alleged violation of this chapter or any provision contained herein, the alleged violator shall be issued a written notice to appear before the abatement hearing officer described in Chapter 8.48 of this Code. Such notice may be issued by any person authorized to issue a notice for violation of any provision of this Code.

B. The notice shall set forth the section alleged to have been violated, the manner of the violation and the date and time of such violation. The notice shall otherwise be in the form and served in the manner and within the time set forth in Chapter 8.48 of this Code. The alleged violator shall be given notice and the opportunity to appear at the hearing and there show cause why the alleged violation should not be found to constitute a nuisance.

C. The abatement hearing officer shall hear the matter and shall make a determination of the existence of a nuisance as for any matter heard pursuant to Chapter 8.48. The alleged violator shall thereafter be given notice of the determination of the abatement hearing officer in the manner provided by this chapter.

D. An appeal from a determination of the abatement hearing officer shall be taken in the manner provided in chapter 8.48 of this Code.

E. The police department shall have the power and duty to enforce the following noise control provisions of this Code: Section 8.44.090(H) and section 8.44.090(I) of this Code. Any person found to be in violation of section 8.44.090(H) and section 8.44.090(I), shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding one thousand dollars, or be imprisoned in the county jail for a period of not exceeding six months, or by both fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(Code 1965, § 11D-11.)

Any person violating any determination of the nuisance abatement board issued under this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding one thousand dollars, or be imprisoned in the city or county jail for a period not exceeding six 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 hereunder.

(Code 1965, § 11D-12.)

As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision hereof and which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is 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.

(Code 1965, § 11D-13.)

A fee shall be set as determined by resolution of the city council.

(Code 1965, § 11D-14.)