Sec. 18.10. - General noise regulations.

In the absence of objective measurement by use of a sound level meter, additionally it shall be unlawful for any person to make, continue, or cause to be made or continued, within the city limits, any disturbing, excessive or offensive noise which causes discomfort or annoyance to reasonable persons of normal sensitivity residing in the area.

The characteristics and conditions which should be considered in determining whether a violation of the provisions of this section exists, include, but are not limited to, the following:

(a)

The level of noise;

(b)

Whether the nature of the noise is usual or unusual;

(c)

Whether the origin of the noise is natural or unnatural;

(d)

The level of the background noise;

(e)

The proximity of the noise to sleeping facilities;

(f)

The nature and zoning of the area within which the noise emanates;

(g)

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

(h)

The time of the day or night the noise occurs;

(i)

The duration of the noise;

(j)

Whether the noise is recurrent, intermittent, or constant; and

(k)

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

(Ord. No. 2024-02, § 2, 3-19-2024)

The following acts, among others, are declared to be disturbing, excessive and offensive noises in violation of this section, but said enumeration shall not be deemed to be exclusive, namely:

(a)

Horns, signaling devices, etc. Violations for disturbing, excessive or offensive noises associated with the use or operation of horns, signaling devices, etc., on automobiles, motorcycles, or any other vehicle, except as provided in section 18.5.3., shall be prosecuted under applicable provisions of the California Vehicle Code.

(b)

Radios, television sets, musical instruments, and similar devices.

Except in the Downtown Specific Plan Zone, the use, operation, or permitting to be played, used or operated, any television set, radio, musical instrument or other device for amplification, production or reproduction of sound in such a manner as to disturb the peace, quiet, and comfort of neighboring residents or persons of normal sensitivity residing in the area; or in a manner to exceed those levels set forth in section 18.4., Table 1 when measured at a distance of twenty-five feet from such a device operating in a public right-of-way or public space, except that subject to permit issued by the City of Brawley parks and recreation department specifying time, location, and other conditions, amplified sound may be permitted within city parks provided that said sound does not exceed a level of ninety decibel fifty feet from the source, or exceed those limits set forth in section 18.4., Table 2, at the park boundary. This provision will be enforced by the director, parks and recreation department, or his/her duly authorized representative.

Prima facie violations - section 18.10.2. (1). The operation of any device for the amplification, production or reproduction of sound in such a manner that the sound is plainly audible at a distance of fifty feet from the source or the building structure, or vehicle in which it is located, shall be prima facie evidence of a violation of this section.

In the Downtown Specific Plan Zone, the use, operation, or permitting to be played, used or operated, any television set, radio, musical instrument or other device for amplification, production or reproduction of sound in such a manner as to exceed those levels set forth in section 18.4., Table 2.

(c)

Air-conditioning, refrigeration, heating, pumping, filtering equipment.

Uses restricted. The use, operation or permitting to be operated any air-conditioning, refrigeration, or heating equipment for any residence or other structure or the use, operation, or permitting to be operated any pumping, filtering or heating equipment for any pool or reservoir in such a manner as to disturb the peace, quiet, and comfort of neighboring residents or persons of normal sensitivity residing in the area.

Prima facie violations. The operation of any air conditioning, refrigeration, heating, pumping, or filtering equipment in such a manner as to create any noise that would cause the noise level on the premises of any other occupied property to exceed the ambient noise level by more than five decibels, shall be prima facie evidence of a violation of this section.

Exemptions. This section shall not be applicable to emergency work, as determined by section 18.2. of this chapter, or to periodic maintenance or testing of such equipment in good working order.

(d)

Loud speaking amplifiers for advertising. The use, operation, or the permitting to be played, used or operated of any sound production or reproduction device or machine including but not limited to radio receiving sets, phonographs, musical instrument, loudspeakers, and sound amplifiers, for commercial or business advertising purposes in, upon, over, or across any street, alley, sidewalk, park, or public property in such a manner as to violate the provisions of this chapter is prohibited. This provision shall not be applicable to sound amplifying equipment mounted on any sound truck or vehicle for commercial or noncommercial purposes where the owner or operator complies with the following requirements:

The only sounds permitted are music or human speech.

Operations are permitted between the hours of 8:00 A.M. and 9:00 P.M. or after 9:00 P.M. during public events and affairs of interest to the general public.

Sound-amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least ten miles per hour, except when said truck is stopped or impeded by traffic. Where stopped by traffic the said sound-amplifying equipment shall not be operated for longer than one minute at each stop.

Sound shall not be issued within one hundred yards of hospitals, schools, churches, or courthouses.

The volume of sound shall be controlled so that said volume is not raucous, jarring, disturbing, or a nuisance to persons within the area of audibility and so that the volume of sound shall not exceed a sound level of sixty-five decibels (on the "A" scale) at a distance of fifty-feet from the sound-amplifying equipment as measured by a sound level meter which meets the American National Standard ANSI-SI. 4-1971 or the latest revision thereof.

No sound-amplifying equipment shall be operated unless the axis of the center of any sound-reproducing equipment used shall be parallel to the direction of travel of the sound truck; provided, however, that any sound-reproducing equipment may be so placed upon said sound truck as to not vary more than fifteen degrees either side of the axis of the center of the direction of travel.

No sound truck with its amplifying device in operation shall be driven on the same street past the same point more than twice in a period of one hour.

(e)

Yelling, shouting, etc. Disturbing or raucous yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 10:00 P.M. and 8:00 A.M. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of neighboring residents or persons of normal sensitivity within the area for whatever reason, is prohibited.

(f)

Hawkers and peddlers. The shouting or crying out of any peddlers, hawkers, and vendors which disturbs the peace and quiet of a neighborhood or persons of normal sensitivity is prohibited. This provision shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at sporting events, parades, fairs, celebrations, festivals, circuses, carnivals and other similar special events for public entertainment.

(g)

Drums, other instruments. The use of any drum or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the city is prohibited. This provision shall not apply to any person who is a participant in a school band or legally authorized parade or who has been otherwise duly authorized by the city to engage in such conduct.

(h)

Animals. The keeping or maintenance, or the permitting to be kept or maintained upon any premises owned, occupied, or controlled by any person or any animal which by any frequent or long continued noise shall cause annoyance or discomfort to persons of normal sensitivity in the vicinity; provided, however, that nothing contained herein shall be construed to apply to occasional noises emanating from legally operated dog and cat hospitals, humane societies, pounds, farm and/or agricultural facilities, or areas where keeping of animals are permitted. The written affirmation by two persons having separate residences that violation of this section disturbs the peace and quiet of said persons shall be prima facie evidence of a violation of this section.

(i)

Schools, courts, churches, hospitals. The creation of any noise on any street, sidewalk, or public place adjacent to any school, institution of learning (except recreational areas of schools), church, court or library, while the same are in use; or

adjacent to a hospital, rest home, or long-term medical or mental-care facility which noise interferes with the workings of such institution or which disturbs or annoys patients in the hospital, rest home, or long-term medical or mental-care facility, provided conspicuous signs are displayed in such streets, sidewalks, or public places indicating the presence of a school, institution of learning, church, court, library, rest home or long-term medical or mental-care facility, is prohibited.

(j)

Steam whistles. The operation, use or causing to be operated or used of any steam whistle attached to any stationary boiler is prohibited except to give notice of the time to start or stop work or as a sound signal of imminent danger.

(k)

Engines and motor vehicles. Any disturbing or raucous noises caused off streets or highways by racing or accelerating the engine of any motor vehicle while moving or not moving, by the willful backfiring of any engine and exhaust from the engine tailpipe or muffler, or from the screeching of tires, is prohibited.

(Ord. No. 2024-02, § 2, 3-19-2024)