Belvedere Municipal Code Ch. 8.10 Noise

Sections:

• 8.10.010 Purpose.

• 8.10.020 Prohibition against excessive noise.

• 8.10.030 Prohibition against portable gasoline engine powered blowers. 8.10.040 Prohibited noise generation.

It is hereby declared to be the policy of the City of Belvedere, in the exercise of its police power, to protect the peace, health, safety and general welfare of the citizens of Belvedere from excessive, unnecessary and unreasonable noises. The provisions of this Chapter and the remedies contained in this Code shall be cumulative and are not intended to replace any otherwise available remedies for public or private nuisances, nor any other civil or criminal remedies otherwise available. In addition, the regulations contained herein are not intended to substitute for any noise analysis conducted as a part of the City’s environmental review process for discretionary permit approvals, nor is it intended to limit more strict noise control requirements for discretionary permit approvals should more strict measures be found to be necessary in order to maintain noise levels that are not detrimental to the health and welfare of the citizens of the City. (Ord. 2006-3 § 3, 2006.)

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 or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, and it is unlawful for any person in ownership or control of any premises to knowingly permit a violation of this section upon said premises. (Ord. 2006-3 § 3, 2006.)

It is unlawful for any person within the City limits at any time to operate any portable machine powered with a gasoline engine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns or other surfaces. (Ord. 2006-3 § 3, 2006; Ord. 87-3 § 1, 1987.)

Loud, unnecessary or unusual noises prohibited by Section 8.10.020 shall include, but not be limited to, the following:

A. Radios, stereo equipment, musical instruments, amplified sound, etc. Using, operating, or permitting to be used or operated any radio, stereo, musical instrument, amplifier, or other machine or device for the producing or reproducing of sound, in such manner as to disturb the peace, quiet and comfort of a reasonable person of normal sensitivity residing in the area, or at any time at a louder volume than is necessary for convenient hearing for the person or persons in the structure, vehicle or premises in which such machine or device is operated and who are voluntary listeners thereto; B. Power and construction tools. Using, operating or permitting to be used or operated, any power tool or construction tool in such manner as to unreasonably disturb the peace, quiet and comfort of a reasonable person of normal sensitivity residing in the area. Notwithstanding the foregoing, the use of power or construction tools in connection with a valid building permit issued by the City shall be subject to the terms and conditions and laws applicable to that permit; C. Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing so as to annoy or disturb the quiet, comfort, or repose of persons residing in the vicinity. (Ord. 2006-3 § 3, 2006.)

The conduct of any loud, unnecessary or unusual noises prohibited by section 8.10.020 between the hours of 9 p.m. and 7 a.m. Sunday through Thursday and 11 p.m. to 7 a.m. Friday and Saturday in such a manner as to be plainly audible at a distance of fifty (50) yards from the structure, vehicle, or premises in which it is located shall be prima facie evidence of a violation of this Chapter. (Ord. 2006-3 § 3, 2006.)