Chapter 18 — NOISE

Editor's note— Ord. No. 2024-02, § 2, adopted March 19, 2024, amended Ch. 18 in its entirety to read as herein set out. Former Ch. 18, §§ 18.1—18.5, pertained to similar subject matter, and derived from Ord. No. 91-01, § 1; Ord. No. 242, § 1; and Ord. No. 243, §§ 1—4.

(a)

Inadequately controlled noise presents a growing danger to the health and welfare of the residents of the city;

(b)

The making and creating of disturbing, excessive, offensive or unusually loud noises within the jurisdictional limits of the city is a condition which has persisted and the level and frequency of occurrence of such noises continue to increase;

(c)

The making, creation or continuance of such excessive noises which are prolonged or unusual in their time, place and use effect and are a detriment to the public health, comfort, convenience, safety, welfare, and prosperity of the residents of the city;

(d)

Every person is entitled to an environment in which the noise is not detrimental to his or her life, health, and enjoyment of property; and

(e)

The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared to be a matter of legislative determination and public policy and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in the pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity, peace and quiet of the City of Brawley and its residents.

(Ord. No. 2024-02, § 2, 3-19-2024)

Whenever the following words and phrases are used in this chapter, unless otherwise defined herein, they shall have the meaning ascribed to them in this section:

Ambient sound level shall mean the composite noise from all sources near and far. In this context, the ambient noise level constitutes a normal or existing level of environmental noise at a given location and time.

Average (equivalent) sound level (Leq or LEQ) shall mean an average A-weighted sound level obtained by integrating and averaging during certain time periods. The average sound level contains the same total acoustical energy over the

averaging time period as the actual time varying sound.

A-weighted sound level shall mean a sound level measured with utilization of the "A-weighting" frequency correction. This correction weights the contribution of sound of different frequencies so that the response of the average human ear is simulated. The A-weighted sound levels correspond well with people's judgements of the annoyance of noise.

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

Community noise equivalent level (CNEL) shall mean a composite noise term derived from the summation of the hourly LEQ's over a twenty-four-hour time period with increasing weighting factors applied to the evening (7:00 P.M. to 10:00 P.M.,

• five dB) and the night (10:00 P.M. to 7:00 A.M., + ten dB) time periods.

Construction equipment shall mean any tools, machinery or equipment used in connection with construction operations including all types of "special construction" equipment as defined in the pertinent sections of the California Vehicle Code when used in the construction process on any construction site, regardless of whether such construction site be located on-highway or off-highway.

Decibel (dB) shall mean a term used to identify ten times the common logarithm to the base ten of the ratio between two quantities that are proportional to power or energy.

Disturbing, excessive or offensive noise shall mean:

(a)

Any sound or noise which constitutes a nuisance involving discomfort or annoyance to persons of normal sensitivity residing in the area.

(b)

Any sound or noise exceeding criteria standards, or levels as set forth in this chapter.

Emergency work shall mean work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from imminent exposure to danger or damage or work by public or private utilities when restoring utility service.

Maximum sound level (Lmax) shall mean the maximum sound level in decibels during certain time periods.

Motor vehicles shall mean any and all self-propelled vehicles as defined in the California Vehicle Code and shall specifically include, but not be limited to, "mini-bikes" and "go-carts. "

Noise control officer shall mean the person so designated by the City Manager of the City of Brawley or his/her duly authorized representative.

Noise level shall mean "sound level" and the terms may be used interchangeably herein.

Noncommercial purpose, loud speaking amplifiers for advertising, shall mean the use, operation, or maintenance of any sound equipment for other than a "commercial purpose." Noncommercial purpose shall mean and include, but shall not be limited to, philanthropic, political, patriotic, and charitable purposes.

One-hour average (equivalent) sound level (Leq(h)) shall mean an average A-weighted sound level in decibel obtained by integrating an averaging during one-hour time periods.

Person shall mean a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private.

Powered model vehicles shall mean, but shall not be limited to airborne, waterborne, or land-borne vehicles such as model airplanes, model boats, and model vehicles of any type or size which are not designed for carrying persons or property and which can be propelled in any form other than manpower or wind power.

Sound amplifying equipment shall mean any machine or device, mobile or stationary used to amplify music, the human voice, or any sound.

Sound level (noise level) shall mean the frequency weighted sound pressure level in decibel obtained by the use of a sound level meter with a frequency weighting network as specified in the American National Standards Institute specifications for Sound Level Meters (ANSI SI.4-1971, or the latest revision thereof). If the frequency weighting employed is not indicated, the A-weighting is implied.

Sound level meter shall mean an instrument for the measurement of sound which includes a microphone, an amplifier, a readout, and time-averaging and frequency-weighting networks. The sound level meter shall meet or exceed the requirements pertinent for type S2A meters in the American National Standards Institute specifications for Sound Level Meters (ANSI SI.4-1971, or the latest revision thereof).

Sound pressure level (in decibel) shall mean twenty times the common logarithm to the base (ten) of the ratio of a sound pressure in micropascals to the reference sound pressure of twenty micropascals.

Sound truck shall mean any motor vehicle or other vehicle regardless of motive power whether in motion or stationery having mounted thereon, built-in, or attached thereto any sound-amplifying equipment other than a car radio or television.

(Ord. No. 2024-02, § 2, 3-19-2024)

(a)

Any sound or noise level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using the A-weighting and "slow" response pursuant to applicable manufacturer's instructions.

(b)

The sound level meter shall be appropriately calibrated and adjusted as necessary by means of an acoustical calibrator of the coupler-type to assure meter accuracy within the tolerances set forth in American National Standards ANSI.SI. 4-1971.

(c)

For outside measurements, the microphone shall be not less than four feet above the ground, at least four feet distance from walls or other large reflecting surfaces, and shall be protected from the effects of wind noise by the appropriate wind screens. In cases when the microphone must be located within ten feet of walls or similar large reflecting surfaces, the actual measured distance and orientation of sources, microphone and reflecting surfaces shall be noted and recorded.

Noise measurements made in response to noise complaints shall be made on the sidewalk, or the street, immediately adjacent to the premises that are the subject of the complaint.

(d)

For inside measurements, the microphone shall be at least three feet distance from any wall, ceiling or partition. The average of the noise measurements taken at least three microphone positions throughout the room shall be determined. During the tests the windows shall be in the normal seasonal configuration.

(Ord. No. 2024-02, § 2, 3-19-2024)

Unless a variance has been applied for and granted pursuant to this chapter, it shall be unlawful for any person to cause or allow the creation of any noise to the extent that the one-hour average sound level, at any point on or beyond the boundaries of the property on which the sound is produced, exceeds the applicable limits set forth in Tables 1 and 2 below, except that construction noise level limits shall be governed by section 18.7. of this chapter.

TABLE 1 Exterior Noise Limits

• Includes R-A, R-E, and R-1

** Includes R-2, R-3, MHP, and C-1

TABLE 2 Exterior Noise Limits Downtown Specific Plan Zone

The sound level limit at a location on a boundary between two zoning districts is the arithmetic mean of the respective limits for the two districts.

If the measured ambient sound level exceeds the applicable limit shown in Table 1, the allowable sound level shall be the ambient noise level minus five dB but not less than the sound level limit specified in Tables 1 or 2. Fixed-location public utility distribution or transmission facilities located on or adjacent to a property line shall be subject to the noise level limits of this section, measured at or beyond six feet from the boundary of the easement upon which the equipment is located.

(Ord. No. 2024-02, § 2, 3-19-2024)

No person shall operate, or permit to be operated, a refuse compacting, processing, or collection vehicle or parking lot sweeper between the hours of 7:00 P.M. and 6:00 A.M. in or adjoining to any residential area in the city unless a variance has been applied for and granted pursuant to this chapter.

(Ord. No. 2024-02, § 2, 3-19-2024)

Except for emergency work, it shall be unlawful for any person to operate construction equipment at any construction site, except as outlined in subsections (a) and (b) below:

(a)

It shall be unlawful for any person to operate construction equipment at any construction site on Sundays, and days appointed by the president, governor, or the city council for a public holiday. Notwithstanding the above, a person may operate construction equipment on the above specified days between the hours of 10:00 A.M. and 5:00 P.M. in compliance with the requirements of subsection (b) of this section at his residence or for the purpose of constructing a residence for himself, provided such operation of construction equipment is not carried on for profit or livelihood. In addition, it shall be unlawful for any person to operate construction equipment at any construction site on Mondays through Saturdays except between the hours of 6:00 A.M. and 7:00 P.M.

(b)

No such equipment, or combination of equipment regardless of age or date of acquisition, shall be operated so as to cause noise at a level in excess of seventy-five decibels for more than eight hours during any twenty-four-hour period when

measured at or within the property lines of any property which is developed and used either in part or in whole for residential purposes.

In the event that lower noise limit standards are established for construction equipment pursuant to state or federal law, said lower limits shall be used as a basis for revising and amending the noise level limits specified in subsection (b) above.

(Ord. No. 2024-02, § 2, 3-19-2024)

No person shall operate or cause to have operated or used any sound signal device other than sound-amplification equipment attached to a motor vehicle wagon or manually propelled cart from which food or any other items are sold which emits a sound signal more frequently than once every ten minutes in any one street block and with a duration of more than ten seconds for any single emission. The sound level of this sound signal shall not exceed ninety decibels at fifty feet.

(Ord. No. 2024-02, § 2, 3-19-2024)

Notwithstanding any other provisions of this chapter, it shall be unlawful for any person to create, maintain or cause to be maintained any sound within the interior of any multiple-family dwelling unit which causes the noise level to exceed those limits set forth in Table 3 in any other dwelling unit.

TABLE 3 Interior Noise Level Limits

(Ord. No. 2024-02, § 2, 3-19-2024)

Any building burglar alarm must have an automatic cutoff, capable of terminating its operation within fifteen minutes of the time it is activated. Notwithstanding the requirements of this provision, any member of the police department of the city shall have the right to take such steps as may be reasonable and necessary to disconnect any such alarm during the period of its activation.

No owner of a motor vehicle shall have in operation an audible burglar alarm therein unless such burglar alarm shall be capable of terminating its operation within fifteen minutes of the time it is activated. Notwithstanding the requirements of this provision, any member of the police department of the city shall have the right to take such steps as may be reasonable and necessary to disconnect any such alarm installed on a motor vehicle at any time during the period of its activation.

(Ord. No. 2024-02, § 2, 3-19-2024)

(a)

Emergency work. The provisions of this chapter shall not apply to any emergency work as defined herein, provided that any vehicle, device, apparatus, or equipment used, related to or connected with emergency work is designed, modified, or equipped to reduce sounds produced to the lowest possible level consistent with effective operation of such vehicle, device, apparatus, or equipment.

(b)

Sporting, entertainment, public events. The provisions of this chapter shall not apply to:

(1)

Those reasonable sounds emanating from authorized school bands, school athletic and school entertainment events.

(2)

Those reasonable sounds emanating from a sporting, entertainment, or public event.

(c)

Federal or state preempted activities. The provisions of this chapter shall not apply to any activity to the extent regulation thereof has been preempted by state or federal law.

(d)

Minor maintenance to residential property. The provisions of section 18.7. shall not apply to noise sources associated with minor maintenance to property used either in part or in whole for residential purposes provided said activities take place between the hours of 7:00 A.M. and 8:00 P.M. on any day except Sunday, or between the hours of 10:00 A.M. and 8:00 P.M. on Sunday.

(Ord. No. 2024-02, § 2, 3-19-2024)

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction. Before citing any person committing a violation of this chapter, who has not been cited or warned within the preceding twelve months, the responding officer shall issue a written warning to the violator.

(Ord. No. 2024-02, § 2, 3-19-2024)

Any person cited for a violation of this chapter shall be liable for an administrative penalty as follows:

(a)

For a first offense committed in any single six-month period, an administrative fine of five hundred dollars;

(b)

For a second offense committed in any single six-month period, an administrative fine of one thousand dollars; and

(c)

For a third offense committed in any single six-month period, an administrative file of one thousand five hundred dollars.

(Ord. No. 2024-02, § 2, 3-19-2024)

(a)

No host shall allow any person to violate a provision of this chapter on the host's private property.

(b)

The provisions this section shall not apply to a host who initiates contact with law enforcement to assist in removing any person from the property or terminating the activity in order to comply with this chapter, if the request for assistance is made before any other person contacts law enforcement to complain about the violation of this chapter.

(c)

No host shall aid or abet another person's violation of a provision of this chapter in a public right of way adjacent to the host's private property. A host aids and abets another person's violation of a provision of this chapter if he or she knows of the other person's unlawful purpose and the host specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the other person's commission of that violation.

(d)

A host that violates this section 18.15 shall be liable for the same penalties set forth in section 18.14.

(Ord. No. 2024-02, § 2, 3-19-2024)

As an additional remedy the operation or maintenance of any device, instrument, vehicle, machinery, or other item in violation of any provision of this chapter for which operation or maintenance causes discomfort or annoyance to persons of normal sensitivity 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 shall be subject to summary abatement in order to preserve or protect the public health, safety or welfare, or abatement by a restraining order or injunction issued by a court of competent jurisdiction.

(Ord. No. 2024-02, § 2, 3-19-2024)

The noise control officer shall evaluate all applications for variances from the requirements of this chapter and may grant said variances with respect to time for compliance, subject to such terms, conditions, and requirements as he/she may deem reasonable to achieving compliance with the provisions of this chapter. Each such variance shall set forth in detail the approved method of achieving compliance and a time schedule for its accomplishment. If in the judgement of the noise control officer the time for compliance cannot be reasonably determined, a variance to cause the noise may be issued for a specified period of time, subject to revocation or modification after review by the noise control officer at interim times to be designated by the noise control officer in the variance. In determining the reasonableness of the terms of any proposed variance, said noise control officer shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area of impingement by the noise, operations carried on under existing nonconforming rights or conditional use permits or zone variances, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of the equipment and general public interest and welfare.

(Ord. No. 2024-02, § 2, 3-19-2024)

Every applicant for a permit or variance required by this chapter shall file with the noise control officer a written application on a form prescribed by said office. The application shall state the name and address of the applicant, the nature of the noise source involved, and such other information as the noise control officer may require.

(Ord. No. 2024-02, § 2, 3-19-2024)

Every applicant, except any state or local governmental agency or public district, shall pay a fee of twenty-five dollars for each application for variances.

(Ord. No. 2024-02, § 2, 3-19-2024)

If a permit or variance is to be extended beyond the original use termination on date of permit or variance, the extension fee shall be twenty-five dollars.

(Ord. No. 2024-02, § 2, 3-19-2024)

The noise control officer shall act, within thirty days, if possible, on an application for a permit or variance and shall notify the applicant in writing by mail or in person of the action taken, namely, approval, conditional approval, or denial. Notice of the action taken shall be deemed to have been given when the written notification has been deposited in the mail, postpaid, addressed to the address shown on the application, or when personally delivered to the applicant or his/her representative. Before acting on an application for a variance or permit, the noise control officer may require the applicant to furnish further information or further plans or specifications. Failure of the applicant to provide such further information or further plans or

specifications to the noise control officer within ten days after notice of such request is made shall be grounds for denial of the permit or variance.

In the event of denial of an application for a permit or variance, the noise control officer shall notify the applicant in writing of the reason therefor. Service of this notification may be made in person or by mail, and such service may be proved by the written acknowledgement of the persons served or affidavit of the person making the service. The noise control officer shall not accept a further application unless the applicant has complied with the objections specified by the noise control officer as his/her reasons for denial.

(Ord. No. 2024-02, § 2, 3-19-2024)

Within ten days after notice, by the noise control officer, of denial or conditional approval of a variance of a permit or within ten days after the effective date of the revocation of a permit or variance by the noise control officer, the affected person may petition the city council, in writing, for a public hearing. After the filing of a petition, the city council, after notice and a public hearing, may sustain, reverse or modify the action of the noise control officer; such order may be made subject to specified conditions.

(Ord. No. 2024-02, § 2, 3-19-2024)

Request for hearing shall be initiated by the filing of a letter of appeal with the city clerk and the payment of a fee of twenty- five dollars.

(Ord. No. 2024-02, § 2, 3-19-2024)

A letter of appeal to review a denial, conditional approval or revocation of a permit or variance shall include a copy of the permit or variance application, and a copy of the noise control officer's action setting forth the reasons for the denial or the conditions of the approval, and the reasons for appeal.

(Ord. No. 2024-02, § 2, 3-19-2024)