Bradbury Municipal Code Ch. 127 Noise

To control unnecessary, excessive and annoying noise and vibration in residential areas, it is the policy of the City to prohibit such noise and vibration generated from or by all sources as specified in this chapter. It shall be the policy of the City to maintain quiet in those residential areas that exhibit low noise levels and to implement programs aimed at reducing noise in those residential areas within the City where noise levels are above acceptable values. It is determined that certain noise levels and vibration are detrimental to the public health, welfare and safety, and are contrary to public interest. Creating, maintaining, causing or allowing to be created, caused or maintained, any noise or vibration in a manner prohibited by or not in conformity with the provisions of this chapter is declared to be a public nuisance and shall be punishable as such.

(Ord. No. 297, § 9.06.110.010, 3-20-2007)

With the intent of carrying out the purpose of this chapter, the words, phrases and terms included in this section shall be deemed to have the meaning ascribed to them:

A-weighted sound level means the sound level in decibels as measured on a sound level meter using the "A" weighting network. The level so read is designated dB(A) or dBA.

Ambient noise level means the composite of noise from all sources near and far excluding intrusive noise.

Construction means any site preparation, assembly, erection, substantial repair, alteration or similar action.

Decibel means a unit for measuring the amplitude of a sound equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals.

Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or private, right-of-way surfaces or similar property.

Emergency work means any work performed for the purpose of preventing or alleviating physical trauma or property damage threatened or caused by an emergency.

Impulsive sound means a sound of high intensity, short duration, usually less than one second, with an abrupt onset and rapid decay.

Intrusive noise means that alleged offensive noise which intrudes over and above the existing ambient noise on the property where the noise is received.

Person means any individual, partnership, joint venture or corporation.

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.

Sound level meter means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for type S2A meters in American National Standards Institute Specifications for sound level meters, A14-1971, or the most recent revision thereof.

(Ord. No. 297, § 9.06.110.020, 3-20-2007)

(a) Notwithstanding any other provision of this chapter, no person shall willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any residential neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivity residing in any residential neighborhood.

(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 of the zoning of the area within which the noise source 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 continuous, recurrent, or intermittent;

(9) Whether the noise is produced by commercial or noncommercial activity.

(Ord. No. 297, § 9.06.110.030, 3-20-2007)

The noise standards imposed by this section shall apply to all properties in the City occupied for residential purposes, without regard to zoning classification. Except as otherwise allowed in this chapter, no person shall create or allow the creation of noise on any such residential property which causes the noise level to exceed the actual measured median ambient noise level, or the following presumed ambient noise level, whichever is greater:

If the intruding noise source is continuous and cannot be reasonably discontinued for sufficient time in which the ambient noise level can be determined, the presumed ambient noise level shall be used.

(Ord. No. 297, § 9.06.110.040, 3-20-2007)

Utilizing the "A" weighting scale of the sound level meter and the "slow" meter response ("fast" response for impulsive-type sounds), the noise level shall be measured at the street or any point on the property where the noise is received. In general, the microphone shall be located four feet above the ground and five feet from the nearest structure or wall. In those cases where another elevation is deemed appropriate, it shall be utilized.

(Ord. No. 297, § 9.06.110.050, 3-20-2007)

Increases in noise levels prescribed in Section 9.127.040 are permitted in accordance with the following:

(Ord. No. 297, § 9.06.110.060, 3-20-2007)

Noise standards set in this chapter shall be decreased by five dBA for any noise source which emits an impulsive sound.

(Ord. No. 297, § 9.06.110.070, 3-20-2007)

The following activities shall be exempt from the provisions of this chapter:

(1) The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work;

(2) Activities of the Federal, State or local jurisdiction while performing governmental duties;

(3) Activities conducted on public playgrounds and public or private school grounds, including, but not limited to, school athletic and school entertainment events;

(4) The handling of boxes, crates, containers, garbage cans or other similar objects between the hours of 7:00 a.m. and 7:00 p.m.;

(5) The operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool or similar tool between the hours of 7:00 a.m. and 7:00 p.m. on weekdays and the hours of 9:00 a.m. and 7:00 p.m. on weekends, excluding holidays;

(6) Construction or demolition work conducted between the hours of 7:00 a.m. and 7:00 p.m. on weekdays and the hours of 9:00 a.m. and 7:00 p.m. on weekends, excluding holidays;

(7) Any activity to the extent regulation thereof has been preempted by State or Federal law.

For the purposes of this section, holidays shall be defined as:

New Year's Day

Memorial Day

Independence Day

Labor Day

Thanksgiving Day

Christmas Day

(Ord. No. 297, § 9.06.110.080, 3-20-2007; Ord. No. 350, § 1, 1-16-2018)

Violations of this chapter shall be punishable as an infraction. Each day any violation of this chapter occurs or is allowed to continue shall constitute a separate offense.

(Ord. No. 297, § 9.06.110.090, 3-20-2007)