California City Municipal Code Art. 4 Noise and Vibration

It is the policy of the City to prohibit unnecessary, excessive and annoying noise and vibration. Certain noise levels and vibration are detrimental to the public health, welfare and safety and contrary to the public interest. The City Council ordains and declares that creating, maintaining, causing or allowing to be created, caused or maintained noise or vibration in a manner prohibited by or not in conformity with the provisions of this Article, is a public nuisance.

The following words are defined for the purposes of this Article:

(a) "Ambient noise level" means the all-encompassing noise level associated with a given environment, being a composite of sounds from sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

(b) "'A' weighted sound level" means the total sound level in decibels of sound as measured with a sound level meter with a reference pressure of 20 micropascals using the "A" weighted network (scale) as slow response. The unit of measurement is dB(a).

(c) "Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted.

(d) "Emergency machinery, vehicle, work or alarm" means machinery, vehicle, work or alarm use, employed, performed or operated to protect, provide, or restore safe conditions in the community or for the citizenry, or work by private or public utilities restoring utility service.

(e) "Fixed noise source" means a stationary device creating sound while fixed or motionless including, but not limited to, residential, agricultural, industrial, and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment.

(f) "Impact noise" means the noise produced by the collision of one mass in motion with a second mass in motion or at rest.

(g) "Intruding noise level" means the total sound level created, caused, maintained or originating from an alleged offensive source in decibels at a specified location while the alleged offensive source is in operation.

(h) "Licensed" means the issuance of a formal license or a permit by the appropriate jurisdictional authority, or where no permits or licenses are issued, the permission of the activity by the jurisdiction as noted in public record.

(i) "Major roadway" means a street, avenue, boulevard, or highway used for motor vehicle traffic owned or controlled by a public governmental entity with an average daily traffic flow of thirty thousand (30,000) or more vehicles.

(j) "Mobile noise source" means a noise source other than a fixed noise source.

(k) "Simple tone noise" means a noise characterized by a predominant frequency or frequencies so other frequencies cannot be readily distinguished and, if measured, shall exist if the one-third (⅓) octave band sound pressure levels in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one-third (⅓ octave bands by five (5) dB for frequency settings of five hundred (500) Hertz (Hz) and above, by eight (8) dB for frequency settings between one hundred sixty (160) and four hundred (400) Hz, and by fifteen (15) dB for frequency settings less than or equal to one hundred twenty five (125) Hz.

(l) "Sound level meter" means an instrument meeting American national Standard Institute's Standard S1.4.1971 or most recent revision thereof for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

(m) "Sound pressure level" of a sound, in decibels, means twenty times the logarithm to the base of ten of the ration of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

Decibel measurement shall be based on a reference sound pressure of twenty (20) micro-pascals as measured with a sound level meter using the "A" weighted network (scale) at a slow response.

The properties hereinafter described are assigned to the following noise zones:

(a) The following exterior noise standards apply to property with the designated noise zone:

(b) No person shall create noise, or allow the creation of noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on other property to exceed:

(1) The noise standard for a cumulative period of more than thirty minutes in any hour; or

(2) The noise standard plus 5 dB(A) for a cumulative period of more than fifteen minutes in any hour; or

(3) The noise standard plus 10 dB(A) for a cumulative period of more than five minutes in any hour; or

(4) The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or

(5) The noise standard plus 20 dB(A) for any period of time.

(c) If the ambient noise level exceeds any of the above five noise limit categories, the cumulative period applicable to the category shall be increased to reflect the noise level.

(d) Each of the noise limits specified above shall be reduced by 5 dB (A) for impact or simple tone noises, or for noises consisting of speech or music.

(e) If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply.

(f) If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the measured noise level obtained while the source is in operation shall be compared directly to the allowable noise level standards as specified respective to the measurement location's designated land use and for the time of day the noise level is measured.

The reasonableness of temporarily discontinuing the noise generated by an intruding noise source shall be determined by the Health Officer, or by the Police Chief, for the purpose of establishing the existing ambient noise level at the measurement location.

(a) The following interior noise standards apply to residential property within all noise zones.

(b) No person shall create noise or allow the creation of noise on property owned, leased, occupied, or otherwise controlled by such person which causes the noise level when measured within a residential dwelling unit in any noise zone to exceed:

(1) The noise standard for a cumulative period of more than five minutes in any hour; or

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

(3) The noise standard plus ten dB (A) for any period of time.

(c) If the ambient noise level exceeds any of the above three noise limit categories, the cumulative period applicable to the category shall be increased to reflect the ambient noise level.

(d) If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the same procedures specified above shall be deemed property to enforce this section.

The following activities are exempt from this Article:

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

(b) Occasional outdoor gatherings, public dances, shows and sporting and entertainment events, if the events are conducted pursuant to a permit or license issued by the City.

(c) Mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle, work or warning alarm or bell, provided the sounding of bell or alarm on building or motor vehicle shall terminate its operation within thirty (30) minutes of being activated.

(d) Noise sources associated with or vibration created by construction, repair or remodeling of real property or during authorized seismic surveys under the following conditions:

(1) The activities occur between the hours of 6:00 a.m. and 8:00 p.m. between May 15 and September 15 of each year or between the hours of 7:00 a.m. and 8:00 p.m. during the remainder of the year.

(2) The activities do not take place on Sundays or federal holidays.

(3) The noise level created by such activities does not exceed 60 dB (A) plus the limits specific herein as measured on residential property; and

(4) A vibration does not endanger the public health, welfare and safety.

No person shall create noise causing the noise level at a school, hospital, church or library to exceed the noise standards for the assigned noise zone in which the school, hospital, church or library is located, or which noise level unreasonably disturbs or annoys patients in a hospital. Conspicuous signs shall be displayed in three (3) separate locations within one-tenth ( 1/10 ) mile of the institution or facility indicating a quiet zone.

The location selected for measuring exterior noise levels shall be at any point on the affected property. Interior noise measurements shall be made within the affected residential unit. The measurement shall be made at a point at least four feet from the wall, ceiling or floor nearest the noise source.

No person shall create, maintain or cause ground vibration perceptible without instruments at any point on adjoining property. The perception threshold shall be presumed to be more than five-hundredths (0.05) inches per second RMS vertical velocity.

Each department whose duty it is to review and approve new projects or changes to existing projects that may result in an increase in ambient noise levels shall consult with the Health Officer prior to approval. If the Health Officer has reason to believe a standard, regulation or action or proposed standard, regulation or action of any department respecting noise does not conform to this Article, the Health Officer may request such department to consult on the advisability of revising such standard or regulation to obtain uniformity.

The owner or operator of a noise or vibration source may file an application with the Health Officer for a variance. The owner or operator shall set forth actions taken to comply with the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for accomplishment. The application shall be accompanied by a fee in the amount established from time to time by resolution. A separate application shall be filed for each noise source. Several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of the application and fee, the Health Officer shall refer it with a recommendation within 30 days to the Planning Commission.

(a) The Planning Commission may hire a registered mechanical engineer, physician or other expert.

(b) The Commission shall evaluate applications for variance. Variances shall detail the approved method of achieving maximum compliance and a time schedule or its accomplishments. The Commission shall consider the following:

(1) The magnitude of nuisance caused by the offensive noise;

(2) The uses of property within the area of impingement by the noise;

(3) The time factors related to study, design, financing and construction of remedial work;

(4) The economic factors related to age and useful life of the equipment; and

(5) The general public interest, welfare and safety.

(c) Variance shall be by resolution and transmitted to the Health Officer and the Police Chief for enforcement.

(a) Within fifteen (15) days following the decision of the Commission, the applicant, the Health Officer or member of the City council may appeal the decision to the City Council in accordance with Title 1, Chapter 4.

(b) In the case of an appeal by the applicant for a variance, the notice of appeal shall be accompanied by a fee to be computed by the Secretary of the Board on the basis of the estimated cost of preparing the materials required to be forwarded to the City Council. If the actual cost differs from the estimated cost, appropriate payments shall be made either to or by the Secretary.

(c) Within fifteen (15) days following receipt of a notice of appeal and the appeal fee, the Secretary of the Commission shall forward to the City Council copies of the application for variance; the recommendation of the Health Officer; the notice of appeal; evidence concerning application and the Commission's decision thereon.

(d) The Council shall conduct a hearing within thirty(30) days of receipt of the record and render a decision within fifteen (15) days after the hearing. The Council's decision is final.

(Ord. No. 07-656, 12-4-2007)

(a) The County Health Officer and the Police Chief shall enforce this Article.

(b) For the initial violation of this Article, a written notice shall be given the alleged violator which specifies the time by which the condition shall be corrected or an application shall be received by the Health Officer. No complaint or further action shall be taken if the cause of the violation has been removed, the condition abated, or fully corrected within the time period specified in the written notice.

(c) Violation of this Article is a public nuisance and may be abated in accordance with law.