Calexico Municipal Code Ch. 8.46 Noise Ordinance

It is the policy of the city to reduce noise in the community and to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power. At certain levels, noise can be detrimental to the health, welfare, safety and quality of life of the citizenry and in the public interest it shall be restricted. In order to implement the goals of the noise element of the city's general plan and adopt a comprehensive noise ordinance to prohibit unwanted and unnecessary sounds of all types within the community, this chapter has been created. This chapter shall be referred to and cited as the "Calexico Noise Ordinance."

(Ord. 979 § 1 (part), 1998)

Terminology used in this chapter is defined herein as follows:

"Ambient noise level" means an existing level of all-encompassing noise associated with a given environment, usually a composite of sounds from many sources near and far, without inclusion of intruding noises from isolated identifiable sources.

"A-weighted sound level" means the sound pres sure 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.

"Commercial areas" means land utilized for business purposes other than residential or industrial uses.

"Day" means the time period from seven a.m. to ten p.m.

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

"Emergency work" means any work performed necessary to restore property to a safe condition due to property damage threatened or caused by an emergency.

"Enforcement officer" means police officer and/or the building official or his designee who may enforce the provisions of this chapter.

"Equivalent A-weighted sound level (Leg)" means the constant sound level, that in a given situation and time period, conveys the same sound energy as the actual time varying A-weighted sound for a given period of time. For the purposes of this chapter, it is an eight-hour period of time.

"Fixed noise source" means a stationary device which creates sounds, including but not limited to agricultural, commercial, industrial, and residential machinery and equipment, pumps, fans, compressor, air conditioners and refrigeration equipment.

"Gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR) which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle shall be used.

"Impulsive sound" means a short duration sound of one second or less with an abrupt onset and rapid decay (includes explosion, drop forge impact, or firearm discharge).

"Intrusive noise" means a sound which intrudes over and above the existing ambient noise level at a given location.

"Mobile noise source" means any noise source other than a fixed source.

"Motor vehicles" means any and all self-propelled vehicles, on or off road, subject to identification under California Vehicle Code.

"Muffler or sound dissipation device" means a device for abating the sound of escaping gases of an internal combustion engine.

"Night" means the time period from ten p.m. to seven a.m.

"Noise disturbance" means any sound which (1) endangers or injures the safety or health of humans or animals, or (2) annoys or disturbs a reasonable person of normal sensitivities, or (3) endangers or injures personal or real property.

"Noise sensitive areas" means quiet zones of the city which contain more sensitive activities. Existing quiet zones shall be considered noise sensitive areas until otherwise designated.

"Person" means any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or entity, public or private.

"Powered model vehicle" means any self-propelled airborne, waterborne, or land borne plane, vessel, or vehicle, which is not designed to carry persons, including but not limited to, any model airplane, boat, car or rocket.

"Residential area" means land which is utilized or zoned for residential purposes.

"Sound amplifying equipment" means any device used for the amplification of the human voice, music or any other sound. Excluded are standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is held or installed. Also excluded are warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

"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, S1.4-1971, or the most recent revision thereof.

"Sound truck" means any motor vehicle, or other vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment.

"Vibration perception threshold" means the minimum ground or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited, to sensation by touch or visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of 0.01 in/sec over the range of one to one hundred Hz.

"Weekday" means any day Monday through Friday which is not a legal holiday.

(Ord. 979 § 1 (part), 1998)

On or after the effective date of the ordinance codified in this chapter, unless a permit has been granted by the building department, it is unlawful for any person to operate or cause to be operated any single or combination of fixed source or non- stationary source type of equipment or machinery except construction equipment used in connection with construction operations, that individually or collectively constitute an identifiable sound source in such a manner as to cause the sound level at any point on the property line of any property to exceed by five decibels or more, the noise level limits set forth in Section 8.46.031, plus allowances for time duration in Section 8.46.032.

(Ord. 979 § 1 (part), 1998)

The noise level or sound level referred to in this section shall mean the higher of the following:

A. Actual measured ambient noise level; or

B. That noise level limit as determined from the table in this subsection:

If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus five dB shall apply.

(Ord. 979 § 1 (part), 1998)

The time duration allowances set forth in the table below shall apply to those noise level limits set forth in Section 8.46.031 during the daytime hours:

The provisions of this section shall not apply to construction equipment used in connection with emergency work.

(Ord. 979 § 1 (part), 1998)

Upon receipt of a complaint from a citizen, or a request to investigate, the enforcement agent, equipped with sound level measurement equipment, may investigate the complaint The investigation shall consist of measurement(s) and the gathering of data to adequately define the noise problem and shall include the following:

A. Type of noise source;

B. Location of noise source relative to complainant's property;

C. Time period during which noise source is considered by complainant to be intrusive;

D. Total duration of noise produced by noise source;

E. Date and time of noise measurement survey.

(Ord. 979 § 1 (part), 1998)

A. The noise standards for the various categories of land use identified in Section 8.46.031 shall, unless otherwise specifically indicated, apply to all such property within a designated zone.

B. No person shall operate or cause to be operated any source of sound at any location which causes the noise level, when measured on any other property, to exceed the limits set forth in Sections 8.46.031 and 8.46.032.

If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus five dB, shall apply.

(Ord. 979 § 1 (part), 1998)

A. The interior noise standards for multifamily residential dwellings as presented in the following table shall apply, unless otherwise specifically indicated, within all such dwellings with windows in their open position:

B. No person shall operate or cause to be operated within a dwelling unit, any source of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed:

1. The noise standard as specified in subsection A of this section for a cumulative period of more than five minutes in any hour; or

2. The noise standard plus five dB for a cumulative period of more than one minute in any hour; or

3. The noise standard plus the ten dB or the maximum measured ambient for any period of time.

C. If the measured ambient noise level differs from that permissible within any of the allowable interior noise level categories above, the allowable interior noise level shall be adjusted in five-dB increments in each category as appropriate to reflect the measured ambient noise level.

(Ord. 979 § 1 (part), 1998)

Notwithstanding the provisions of Sections 8.46.030 through 8.46.035, it is unlawful for any person to make, continue, or cause to be made or continued, within the limits of the city, any loud, unnecessary or unusual noise which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

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

A. The intensity of the noise;

B. Whether the nature of the noise is usual or unusual;

C. The level and intensity of the background noise;

D. The proximity of the noise to sleeping facilities;

E. The nature and zoning of the area within which it emanates;

F. The density of habitation of the area within which the noise emanates;

G. The time of the day or night the noise occurs;

H. The duration of the noise;

I. Whether the noise is recurrent, intermittent, and/or

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

(Ord. 979 § 1 (part), 1998)

It is unlawful for any person to operate, permit, use or cause to operate, any of the following other than between the hours of eight a.m. to eight p.m. in residential zones and other than between the hours of seven a.m. to eight p.m. in all other zones:

A. Powered model vehicles;

B. Loading and unloading vehicles such as trash collectors, fork lifts or cranes within one thousand feet of a residence;

C. Domestic power tools;

D. Gasoline and electric powered leaf blowers.

E. Notwithstanding the foregoing, this section shall not prohibit the operation or use of any such equipment at any time within said zones by the city, its officers or employees, or any agent or franchisee of the city.

(Ord. 979 § 1 (part), 1998)

A. It is unlawful for any person within the city to operate construction tools or equipment in the performance of any outside construction or repair work on buildings and/or structures, between the hours of five p.m. of each day and eight a.m. of the next day if the noise or other sound produced by such work is of such intensity or quality that it disturbs the peace and quiet of any other person of normal sensitivity.

B. No person doing or causing work prohibited by this section, after being informed orally or in writing that such work has caused noise or sounds which disturb any other person's peace and quiet, shall fail, refuse or neglect to take whatever steps or use whatever means are necessary to assure that such dues not again disturb such other person's peace and quiet.

C. Exceptions.

1. Emergency repairs of existing installations or equipment or appliances;

2. Construction work complying with the term of a written early work permit which may be issued by the building official upon a showing of sufficient need due to hot or inclement weather or the use of an unusually long process material, or other circumstances of unusual and compelling nature.

(Ord. 979 § 1 (part), 1998)

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

A. Mufflers or Sound Dissipative Devices. No person shall operate or cause to be operated any motor vehicle in violation of the exhaust noise levels as established by the State of California Vehicle Code Division 12, Section 27158.5, Article 2.5.

B. Horns and Signaling Devices. No person shall operate or cause to be operated any motor vehicle horn, siren, or amplification device in violation of the State of California Vehicle Code Division 12, Section 26709, Chapter 5, Article 1.

C. Motorized Recreational Vehicles Operating Off Public Right-of-Way. No person shall operate or cause to be operated any motorized recreational vehicle off a public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of this chapter.

D. Standing Motor Vehicles. No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of ten thousand pounds, or of any auxiliary equipment attached to such a vehicle, for a period longer than fifteen minutes in any hour while the vehicle is stationary, and on a public right-of-way or public space within one hundred fifty feet of a residential area or designated noise sensitive zone, between the hours of seven p.m. and seven a.m., except when movement of said vehicle is restricted by other traffic.

E. Vehicle or Motorboat Repairs and Testing. It is unlawful for any person to repair, rebuild, modify, or test any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance on residential property.

F. Loudspeakers and Other Sound Amplifying Devices/Musical Instruments. It is unlawful for any person to play, use, operate or permit to be played, used or operated, any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of any sound upon any public street, alley, sidewalk, passageway or thoroughfare, or in or upon any public park or other public place so as to unreasonably interfere with the peace and quiet of any other person; or if such act is done upon any private property, so as to unreasonably interfere with the peace and quiet of any person outside the boundary of such private property.

G. Hawkers and Peddlers. It is unlawful for any person to sell anything by outcry within any area of the city utilized for residential or commercial purposes. This section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and similar licensed public entertainment events or auctions.

H. Animals and Fowl. No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound, cry or behavior shall cause annoyance or discomfort to a reasonable person of normal sensitiveness on any residential property.

I. Machinery, Equipment. Fans and Air Conditioning. It is unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus or similar mechanical device in any manner so as in create any noise which would cause the noise level at the property line or party wall line of any residential property to exceed the ambient noise level by more than five decibels.

J. Vibration. Operating or permitting the operation of any device which creates a vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on a private property or one hundred fifty feet from the source if on a public space or public right-of-way, is unlawful.

(Ord. 979 § 1 (part), 1998)

The following noise sources are specifically excluded from the provisions of this chapter:

A. 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;

B. The operation of refuse collection under franchise agreement with the city.

(Ord. 979 § 1 (part), 1998)

Those commercial and/or industrial noise sources in existence prior to the date of adoption of the ordinance codified in this chapter, which noise sources are an integral part of a building, structure, or similar fixed and permanent installation if in compliance with local zoning statutes, shall be granted a five-year period from the date of said adoption with which to comply with the provisions of this chapter. If, at the end of the five-year period, it can be shown that compliance with the provisions herein constitutes a hardship in terms of technical and economic feasibility, the time to comply may be extended on an annual basis until such time as compliance may be affected.

(Ord. 979 § 1 (part), 1998)

Any person violating any provision of this chapter shall be guilty of an infraction for the first instance of any such violation, and shall be punishable by a fine as per Section 1.24.010 of this code.

(Ord. 979 § 1 (part), 1998)

Any person having been convicted of a violation of any provision of this chapter who within one year thereafter commits a second or any subsequent violation of the same provision of this chapter, shall be guilty of a misdemeanor, and shall be punishable by a fine as per Section 1.24.010 of this code.

(Ord. 979 § 1 (part), 1998)