Belmont Municipal Code Art. VIII Noise Control

In accordance with adopted goals and policies of the general plan which call for "a noise environment that maintains a healthy living environment; fosters relaxation and recreation; is conducive to the work environment; and provides pleasant living conditions," It is declared to be the policy of the city to protect the peace, health and safety of its citizens from unreasonable noises from all sources including, but not limited to, those specified in this chapter.

(Ord. No. 1018, § 1, 7-25-06)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

(a) "A-Weighting" means a filter network designed to transform a frequency spectrum to that which is heard by the human ear.

(b) "Construction activities" means the grading, demolition, alteration, repair, remodeling or other improvements of existing or new structures, or property which require any City permit, and the use of powered equipment in connection with such activities.

(c) "Daytime" means the period from 8:00 a.m. to sunset, Monday through Friday; and 10:00 a.m. to sunset, Saturday, Sunday and Holidays

(d) "Decibel (dB)" means a unit for measuring the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.

(e) "Delivery" means the delivery or pickup or the arrival for delivery or pickup of goods, wares and merchandise by the use of a motorized vehicle, other than an automobile or train.

(f) "Equivalent-energy level (Leq)" means the level of a steady-state noise that has the same sound energy as a given time-varying noise.

(g) "Holidays" means the follow days: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving, and Christmas Day.

(h) "Impulsive sound" means sound of short duration, usually less than one (1) second, with an abrupt onset and rapid decay. Examples of impulsive sounds include explosions, drop impacts and firearm discharge.

(i) "Multifamily dwelling" means any housing unit where two (2) or more dwellings are separated by a common wall, floor or ceiling, including but not limited to apartments, condominiums and townhouses.

(j) "Nighttime" means the period outside the hours of "daytime" as herein defined.

(k) "Noise disturbance" means any source of sound which exceeds the noise limitations permitted in section 15-102. For purposes of this section sources of sound shall include but not be limited to the following: amplified music, loudspeakers, radios, televisions, stereos, musical instruments, powered toys or models, swimming pools or spas, industrial machinery, manufacturing equipment, pile drivers, air compressors, paint sprayers, motors, pumps, blowers, air conditioners, cooling towers, ventilating fans, fork lifts, loaders, tractors, concerts, mechanical equipment, human voices, electrical appliances, vacuum cleaners, powered equipment, chain saws, beepers, motor vehicles, carpet cleaning vehicles, and attached equipment not operated on a street or highway, etc.

(l) "Noise level" means the amplitude of sound pressure referenced to twenty (20) micropascals, measured in decibels, using the A-weighting network (for the purposes of this chapter).

(m) "Noise level measurement" means the procedure of measuring sound consisting of the usage of a precision sound level meter (SLM), as defined in the section, set to "fast" response. If the sound level meter is analog with a VU meter, then the response shall be "slow" unless the noise issue is impulsive. The meter must be calibrated before any measurements and the microphone shall be a minimum of three and one-half (3½) feet from any wall, floor or other large sound reflecting surface. The meter shall be protected from wind or other extraneous noise by the use of screens, shields or other appropriate devices.

(n) "Precision sound level meter" means a sound pressure level measuring instrument which conforms to the American National Standards Institute (ANSI) specification S1.4 for Type 1 or Type 2 measuring instruments.

(o) "Powered equipment" means a motorized device (other than a motor vehicle) powered by electricity, batteries or fuel. Powered equipment includes but is not limited to: lawn mowers, hedgers, parking lot sweepers, carpet cleaning vehicles, saws, sanders, motors, pumps, generators, blowers, wood chippers, vacuums, drills and nail guns.

(p) "Residential property" means any property legally used for a single family or multifamily dwelling as defined in the Belmont Zoning Ordinance.

(Ord. No. 1018, § 1, 7-25-06)

(a) Except as otherwise permitted in this article, any source of sound emanating from private property in excess of the sound level limits set forth in subsection (c) shall constitute a noise disturbance.

(b) For purposes of determining sound levels from any source of sound, sound level measurements shall be made at a point on the receiving property nearest where the sound source at issue generates the highest sound level. Sound level measurements shall be made with a precision sound level meter (Type 1 or 2) set to A-weighting, and "fast" response for fluctuating sound. Slow or fast response may be used for continual sources. For repetitive, impulsive sound, the one (1) second rms maximum level (Lmax) shall be used. For continuous sound, use the average level or Leq. In multifamily residential structures, the microphone shall be placed no closer than three and one-half (3½) feet from the wall through which the source of sound at issue is transmitting. The microphone shall also be placed five (5) feet above the floor regardless of whether the source of sound at issue transmits through the floor, ceiling or wall.

(c) Sound Level Limits. Sound levels shall not exceed the following limits.

(1) Residential. For all sources of sound measured from any residential property:

(A) "Nighttime" hours— 55 dBA

(B) "Daytime" hours— 65 dBA

(2) Multifamily. For all sources of sound within a multifamily residential structure transmitting through a common interior partition (wall, floor or ceiling) from one (1) dwelling unit to another:

(A) "Nighttime" hours— 35 dBA

(B) "Daytime" hours— 45 dBA

(3) Non-residential. For all sources of sound measured from any non-residential property

(A) "Nighttime" hours— 55 dBA

(B) "Daytime" hours— 65 dBA

(4) Corrections for character of sound. In the event the alleged offensive noise contains a steady, audible tone, such as a whine, screech, beating, pulsating, throbbing or hum the standards set forth in subsections 15-102(a)(1) and (2) shall be reduced by five (5) dB.

(5) Any and all excessively annoying, loud or unusual noises or vibrations not exceeding the sound level limits in this subsection shall nonetheless be considered a noise disturbance if such noise or noises:

(A) Offend the peace and quiet of persons of ordinary or reasonable sensibilities, or

(B) Interfere with the comfortable enjoyment of life or property.

(d) Construction activity. Notwithstanding subsection (c), construction activities and construction activity noise are subject to the following regulations.

(1) Except as provided in subsection (d)(2), all construction and related activities which require a city permit, including the use of powered equipment in connection with such activities, are allowed only during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday except Holidays, and 10:00 a.m. to 5:00 p.m. on Saturdays. All gasoline-powered construction equipment shall be equipped with an operating muffler or baffling system as originally provided by the manufacturer, and no modification to these systems is permitted.

(2) The Building Official may allow construction and related activity outside the days and hours provided in subsection (d)(1) when:

(A) Necessary for emergency repairs or to protect life or property from imminent threat of harm;

(B) The construction site is more than 300 feet from a dwelling unit; or,

(C) Noise from the allowed construction activity is in the Building Official's opinion comparable to the noise from non-construction activity in the immediate area.

(D) Expanded construction hours provides quantifiable benefit to the public and noise will not unduly interfere with the comfortable enjoyment of life or property.

(3) An exception granted under subsection (d)(2) including the scope of allowed activity shall be noted on the building permit.

(4) The Building Official may limit, condition, modify or eliminate an exception as necessary to limit noise disturbance.

(e) Powered equipment noise. Notwithstanding subsection (c), powered equipment used for non-construction activities, is allowed between the hours of 8:00 a.m. to 7:00 p.m. Monday through Friday and 10:00 a.m. to 5:00 p.m. Saturdays, Sundays and holidays. Powered equipment use outside of the aforementioned hours is not allowed. All gasoline-powered equipment must be equipped with an operating muffler or baffling system as originally provided by the manufacturer, and no modification to these systems is permitted.

(f) It is unlawful to create, permit, allow or maintain a noise disturbance in Belmont.

(Ord. No. 1018, § 1, 7-25-06; Ord. 2016-1105, § 1, 6-28-16)

The following are exceptions to the noise limitations set forth in section 15-102.

(a) Residential property maintenance. Residential property maintenance that does not involve construction activities as defined in subsection 15-102(f) or the use of powered equipment as defined in subsection 15-102(g), personally done by residents or property owners to maintain or improve their property, may occur between the hours of 8:00 a.m. to 7:00 p.m. Monday through Friday and between the hours of 10:00 a.m. to 5:00 p.m. Saturdays, Sundays, and Holidays.

(b) Deliveries.

(1) Deliveries to food retailers and restaurants.

(2) Deliveries to other commercial and industrial businesses between the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and between the hours of 9:00 a.m. to 5:00 p.m. Saturdays, Sundays, and holidays.

(3) Deliveries to businesses described in subsections (1) and (2) above with a valid Conditional Use Permit (CUP) which regulates hours of operation must adhere to the approved hours as specified in the CUP.

(c) Parking lot sweeping. Parking lot sweeping is allowed Monday through Friday between the hours of 7:00 a.m. to 6:00 p.m.

(d) Garbage collection. Garbage collection by a franchisee at times consistent with the city's franchise agreement.

(e) Conditionally permitted activities. In the event that the provisions of this article conflict with any provisions of the Belmont City Code, Belmont Zoning Ordinance, or a valid conditional use permit, those provisions would control.

(f) Special events. Any event or use for which a special event permit has been issued by the city that specifically allows noise levels to be exceeded.

(g) Emergencies.

(1) Emergency construction, emergency clean-up, and emergency maintenance activities approved by a city department.

(2) Emergency activities by a government entity for the protection of public health and safety.

(h) Protected Speech. Speech activities to the extent the city manager determines in consultation with the city attorney that enforcement of the limitations in Section 15-102(c) would unlawfully infringe a person's legally protected rights.

(Ord. No. 1018, § 1, 7-25-06; Ord. 2016-1105, § 2, 6-28-16)

(a) Commercial or industrial uses in existence prior to August 24, 2006 that require mechanical equipment upgrades or changes to comply with this chapter, shall be granted a six (6) month period within which to comply with provisions of this chapter. Any facility not in compliance by the end of such six (6) month period may apply for a temporary permit to be excluded from the provisions of this chapter. Staff may grant the permit upon finding that diligent efforts are being made to comply and a firm date that full compliance is provided.

(b) Except as provided in subsection (a) of this section, all other operations in existence prior to the date this chapter went into effect shall have three (3) months to comply with the provisions of this chapter or apply for a temporary permit for additional time to comply.

(Ord. No. 1018, § 1, 7-25-06)

The provisions of this chapter shall be administered by the chief of police and his or her authorized representatives, except where expressly provided otherwise. All other officers and employees of the city shall assist and cooperate in the administration and enforcement of this chapter.

(Ord. No. 1018, § 1, 7-25-06)

Violations of this chapter shall be considered a public nuisance. Violations may be enforced by any civil, administrative or criminal remedies, including but not limited to the provisions of the Belmont Municipal Code Section 1-8 and Chapter 30.

(Ord. No. 1018, § 1, 7-25-06)