Camarillo Municipal Code Ch. 10.34 Noise Regulations

The purpose of this chapter is to maintain and preserve the quiet atmosphere of the city, and to implement programs aimed at maintaining noise levels throughout the city at acceptable levels consistent with the goals and objectives of the noise element of the city's general plan.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

All terminology used in this chapter, but not defined in this section, is intended to conform with applicable publications of the American National Standards Institute (ANSI) or its successor body. The following words, phrases, and terms as used in this chapter have the following meanings:

"Agricultural property" means a parcel of real property which is designated as agricultural on the city's official zoning map or used for agricultural purposes in accordance with Title 19.

"Ambient noise" means the composite of all noise from sources near and far, excluding the alleged intrusive noise source. The ambient noise constitutes the normal or existing level of environmental noise at a given location.

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

"Commercial property" means a parcel of real property which is designated for commercial/office purposes on the city's official zoning map or used for commercial or office purposes in accordance with Title 19.

"Construction" means any site preparation, assembly, erection, substantial repair, alteration, or similar action, for or of public or private rights-of-way, structures, utilities or similar property.

"Daytime" means the time period from seven a.m. to nine p.m.

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

"Director" means the director of community development or the director's designee.

"Emergency machinery, vehicle, or alarm" means any machinery, vehicle, or alarm used, employed, performed or operated in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or used by private or public utilities when restoring utility service.

"Emergency work" means work made necessary to protect, provide or restore safe conditions in the community or for the citizenry, or work required to protect persons or property from an imminent exposure to danger, or work by private or public utilities when restoring utility service.

"Fixed noise source" means a stationary device which creates sounds while in a fixed or stationary position, including but not limited to industrial and commercial machinery and equipment, pumps, fan compressors, generators, air-conditioners and refrigeration equipment.

"Impulsive noise" means a sound of short duration, usually of high intensity and lasting less than three seconds, with an abrupt onset and rapid decay.

"Industrial property" means a parcel of real property which is designated for manufacturing purposes on the city's official zoning map or used for manufacturing purposes in accordance with Title 19.

"Intrusive noise" means an alleged offensive noise which intrudes over and above the existing ambient noise at the receptor property.

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

"Nighttime" means the time period from nine p.m. to seven a.m.

"Noise disturbance" means an alleged intrusive noise which violates an applicable noise standard as set forth in this chapter.

"Noise level" means the "A" weighted sound pressure level as measured using a slow dynamic characteristic for sound level meters.

"Person" means any individual, firm, association, partnership, joint venture or corporation.

"Pitch" means the frequency of a sound. High pitch refers to high frequencies and low pitch refers to low frequencies.

"Public right-of-way" means any street, parkway, trail, public way, sidewalk, bike path, or alley or similar place which is owned or controlled by a governmental entity.

"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.

"Residential property" means a parcel of real property which is designated for residential purposes on the city's official zoning map or used for residential purposes in accordance with Title 19.

"Sound amplifying equipment" means any machine or device for the amplification of the human voice, music or other sound regardless of location. "Sound amplifying equipment" does not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicles 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 satisfies 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.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

Designated noise areas are as follows:

A. Noise Zone I: Agricultural and open space properties;

B. Noise Zone II: Residential properties;

C. Noise Zone III: Commercial/office properties;

D. Noise Zone IV: Industrial properties.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

A. The following exterior noise levels, unless otherwise specifically indicated, apply to all receptor properties within a designated noise zone and constitute the ambient noise level for the purpose of establishing standards:

B. Unless otherwise provided in this chapter, no person may operate or cause to be operated any source of sound at any location within the city, or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by the person which causes the noise level when measured on any other property to exceed the following standards.

Any noise operated under the authority of Standard 3 will be included in the computation for Standards 1 and 2, and any noise operated under the authority of Standard 2 will be included in computations for Standard 1.

1. Standard No. 1 is the applicable ambient exterior noise level as set forth in subsection (A) of this section plus five dBA for a cumulative period of more than 20 minutes in any hour.

2. Standard No. 2 is the applicable ambient exterior noise level as set forth in subsection (A) of this section plus ten dBA for a cumulative period of more than ten minutes in any hour.

3. Standard No. 3 is the applicable ambient exterior noise level as set forth in subsection (A) of this section plus fifteen dBA for a cumulative period of one minute in any hour.

C. With respect to residential receptor properties, the exterior noise level may not exceed forty-five dBA between the hours of nine p.m. and seven a.m.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

A. The following interior noise levels for common wall residential dwellings apply, unless otherwise specifically indicated, within all such dwellings with windows in their normal seasonal configuration and constitute the ambient noise level for the purpose of establishing standards:

B. No person may 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 the following. Any noise operated under the authority of Standard B will be included in computations for Standard A.

1. Standard A is the applicable ambient interior noise level as set forth in subsection A of this section plus five dBA for a cumulative period of more than five minutes in any hour.

2. Standard B is the applicable ambient interior noise level as set forth in subsection A of this section plus ten dBA for a cumulative period of more than one minute in any hour.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

For any source of sound which emits a pure tone or impulsive noise, the noise levels as set forth in Sections 10.34.040 and 10.34.050 will be reduced by five decibels.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

A. The "A" weighting scale of the sound level meter and the "slow" meter response are utilized for continuous noise level measurement. Fast response is utilized for impulsive type sounds. The noise level will be measured at a position or positions at any point on the receptor property. In general, the microphone will be located four to five feet above the ground and ten feet or more from the nearest reflective surface, where possible. However, in cases where another elevation is deemed appropriate, the latter will be utilized.

B. Interior noise measurements will be made within the affected residential unit. The measurements will be made at a point at least four feet from the wall, ceiling, or floor nearest the noise source, with windows in the normal seasonal configuration. Calibration of the measurement equipment, utilizing an acoustic calibrator, will be performed immediately prior to recording any noise data.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

No person may operate or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by the person, which causes the noise level when measured on any other property, to exceed the noise standard for that land use as set forth in Sections 10.34.040, 10.34.050, or 10.34.060.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

A. Refuse Collection Vehicles. No person authorized to engage in waste disposal service or garbage collection may operate any truck-mounted waste or garbage loading and/or compacting equipment or similar device in any manner so as to create any noise exceeding eighty dBA, measured at a distance of fifty feet (fifteen meters) from the equipment in an open area. Between the hours of nine p.m. and seven a.m., Section 10.34.040 will apply.

B. Vehicles Off Public Right-of-way. No person may operate or cause to be operated any motorized vehicle, including motorized recreation vehicles, off a public right-of-way in such a manner that the sound levels emitted violate the provisions of Section 10.34.040, 10.34.050, or 10.34.060. The term "motorized recreation vehicles" includes, but is not to be limited to, commercial or noncommercial racing vehicles, motorcycles, carts, campers, and dune buggies.

C. Vehicle or Aircraft Repair and Testing. No person may repair, rebuild, modify or test any motor vehicle or aircraft in such a manner that the sound levels emitted violate the provisions of Sections 10.34.040, 10.34.050, or 10.34.060. Nothing in this section prohibits, restricts, penalizes, enjoins, or in any manner regulates the movement of aircraft which are in all respects conducted in accordance with, or pursuant to, applicable federal laws or regulations.

D. Standing Motor Vehicles. No person may operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of six thousand pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public right-of-way or public space within two hundred feet of a residential area between the hours of nine p.m. and seven a.m.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

A. Stationary Nonemergency Signaling Devices. No person may sound or permit the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place, for more than ten seconds in any hourly period. Houses of religious worship are exempt from this provision.

B. Emergency Signaling Devices.

1. No person may intentionally sound or permit the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in division 2 of this subsection.

2. Testing of a stationary emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, may not occur more than once in each calendar month. Such testing may not occur before seven a.m. or after nine p.m. The testing time for any single device may not exceed sixty seconds. The provisions of this section do not apply to any public agency.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

A. No person may use their voice or make noise in a public place in a loud, unusual, penetrating or boisterous manner that results in discomfort or annoyance to a reasonable person of normal sensitivity where there is no substantial effort to communicate with any person in the immediate vicinity or to communicate at a lower volume of sound or in a more reasonable manner. As used in this section, "public place" means both public property and private property open to the public and includes commercial establishments, public buildings, parks, parking lots, sidewalks, streets, walkways, and other places or areas generally accessible to the public.

B. The standards that will be considered in determining whether a violation of this section exists include the following:

1. The volume of the noise;

2. The intensity of the noise;

3. Whether the noise can be heard from a distance of fifty feet or more from the noise source; or from a distance determined to be reasonable under the circumstances by the officer at the scene;

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

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

6. The duration of the noise;

7. The extent to which nearby persons and the activities of such persons are disturbed by the noise; and

8. The extent to which the individual making the noise was requested to cease the disturbance or lower the volume of the noise and such person failed to do so.

C. No person will be cited under this section unless the person engages in conduct prohibited by this section after having been notified by an enforcement officer that the conduct violates this section.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

A. Amplified Sound. It is unlawful for any person, other than law enforcement personnel or other authorized governmental personnel, to install, use or operate within the city a loudspeaker or sound-amplifying equipment in a fixed or movable position for the purposes of giving instructions, directions, talks, addresses, lecturing, or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place or public property without first obtaining a permit from the director in accordance with Section 10.34.130.

B. Power Tools and Machinery. It is unlawful for any person to operate or permit the operation of any mechanically powered saw, sander, drill, grinder, lawnmower or garden tool, or any similar tool, between nine p.m. and seven a.m. the next day so as to create a noise disturbance which violates the provisions of Sections 10.34.040, 10.34.050, or 10.34.060.

C. Weed and Debris Blowers. Notwithstanding the provisions of Section 10.34.110(B), it is unlawful for any person to operate or to permit the operation of any mechanically powered blower, such as is commonly used for cleaning yards, driveways, gutters and curbs, and parking lots, between the hours of nine p.m. and seven a.m. the next day.

D. 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 so as to create any noise which violates the provisions of Sections 10.34.040, 10.34.050, or 10.34.060.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

The following activities are exempt from the provisions of this chapter:

A. Emergency Exemption. 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. Warning Devices. Warning devices necessary for the protection of public safety, such as police and fire and ambulance sirens, including the testing of warning devices.

C. Outdoor Activities. Activities conducted on public playgrounds and public or private school grounds, including but not limited to school athletic and school entertainment events.

D. Drums. It is unlawful for any person to use any drums or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the city. This section does not apply to any person who is a participant in a school band or in a parade for which a permit has been approved by the city to engage in such conduct.

E. Construction Activities. It is unlawful for any person adjacent to or within any residential zone in the city to perform any construction activities, in such a manner that exceeds the noise standards set forth in Sections 10.34.040, 10.34.050, or 10.34.060, between the hours of seven p.m. to seven a.m., or at any time on a Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, and Christmas Day. The performance of emergency work is exempt from this subsection.

1. Home repairs and routine maintenance of personal property such as automobiles or boats is not considered construction.

2. The planning commission and city council retain the right to impose more restrictive hours of construction on any projects involving major construction activity by adding appropriate conditions to the city's approval of subdivisions, planned development permits, conditional use permits, variances and other projects.

3. All minor construction activities such as, but not limited to, home additions, roof replacement, and patio construction will be subject to the provisions of this chapter.

F. Standby generators are exempt from the noise ordinance when used during power outages, maintenance, or testing.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014; Ord. No. 1166, § 3, 9-11-2019; Ord. No. 2007, § 3A, 4-12-2023)

A. Issuing Authority. The issuing authority is the director.

B. Approving Authority. The approving authority is the director.

C. Applications. Every user of sound-amplifying equipment or drums, or other devices falling under the provisions of this section, must file a registration statement with the director at least five days prior to the date on which the sound-amplifying equipment is intended to be used, which statement must contain the following information:

1. The name, address and telephone number of both the owner and the user of the sound-amplifying or other equipment;

2. The maximum sound-producing power of the sound-amplifying or other equipment, including the wattage to be used, the volume and decibels of sound which will be produced, and the approximate distance for which sound will be audible or is capable of being audible from the sound-amplifying equipment;

3. A general description of the sound-amplifying or other equipment which is to be used;

4. Whether the sound-amplifying or other equipment will be used for commercial or noncommercial purposes; and

5. The dates on which, and location where, the equipment is proposed to be operated.

D. Processing of Application. The director will approve the registration statement unless the director finds that:

1. The use of the equipment would constitute an unreasonable interference to traffic safety; or

2. The conditions of pedestrian movement are such that the use of the equipment would constitute a detriment to traffic safety; or

3. The registration statement required reveals that the applicant would violate the provisions of this chapter.

E. Issuance or Denial. If the registration is approved, the director, upon the payment of the fee set forth in subsection (G) of this section will return an approved copy of the registration statement to the applicant, which will constitute permission for the use of the sound-amplifying equipment as requested. If the event the registration statement is disapproved, the director will immediately return it to the applicant with a statement of the reasons for disapproval.

F. Appeal. The decision of the director may be appealed by the applicant to the planning commission by filing a written appeal, which states the reasons for the appeal and is accompanied by payment of the appeal fee, within ten days after the director's decision. The decision of the planning commission will be the final decision.

G. Fees. Prior to the issuance of the registration statement, a fee in the amount of twenty-five dollars per day, or any portion thereof, must be paid to the city if the loudspeaker or sound-amplifying equipment is to be used for commercial purposes. No fee will be required for the operation of a loudspeaker or sound-amplifying equipment if the applicant is an organization exempted under the provisions of this code from the payment of a business license.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

The director is authorized to grant variances from any provision of this chapter, subject to terms and conditions such as, but not limited to, area, noise levels and time limits as the director determines are appropriate to protect the public health, safety and welfare. The director may refer the variance application to the planning commission for its consideration. This section in no way affects the duty to obtain any permit required by law for such activities.

A. Application. Any person seeking a variance under this section must file an application with the director. The application must contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The application must be accompanied by the applicable fee in the amount of twenty-five dollars or as established by resolution. A separate application must be filed for each noise source; provided, however, several fixed sources on a single property may be combined into one application.

B. Notice. Notice of an application for a variance will be posted in City Hall for at least five days with courtesy notices mailed to all adjoining properties. Any individual who claims to be adversely affected by allowance of the variance may file a statement with the director containing any information to support the individual's claim.

C. Issuance or Denial. In determining whether to grant or deny the application, the director will balance the hardship on the applicant, the community and other persons of not granting the variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on the property affected, and any other adverse impacts of granting the variance. Applicants for variances and persons contesting variances may be required to submit additional information as the director may reasonably require. In granting or denying an application, the director will keep on public file a copy of the decision and the reasons for denying or granting the variance.

D. Conditions. Variances will be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The variance will not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance will terminate the variance and subject the person holding it to all provisions of this chapter.

E. Time Limitations. A variance may not exceed sixty days from the date on which it was granted. Application for extension of time limits specified in variances or for modification of other substantial conditions will be treated like applications for initial variances under subsection (A) of this section.

F. Appeal. Any applicant or other person aggrieved by the decision of the director may appeal the decision to the planning commission by filing a written appeal, which states the reasons for the appeal and is accompanied by payment of the applicable appeal fee, within ten days after the director's decision. The decision of the planning commission will be the final decision.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)

A. The director and any enforcement officer is authorized to enforce provisions of this chapter.

B. Prima Facie Violation. Any noise exceeding the noise level limits for a designated noise zone as specified in this chapter, or any noise constituting an occurrence of any prohibited act specified in this chapter, will be prima facie evidence of a violation of the provisions of this chapter.

C. In citing violations, the enforcing officer must specify the standard which has been violated, as set forth in Sections 10.34.040 and 10.34.050, in the notice of violation.

D. The violation of any of the provisions of this chapter is a misdemeanor and may be punished as provided in Chapter 1.12 of this code.

E. Except where a person is acting in good faith to comply with an abatement order issued pursuant to subsection (F) of this section, violation of any provision of this chapter will be cause for a notice of violation to be issued by the director or other responsible enforcement official according to procedures which the director may prescribe.

F. In lieu of issuing a notice of violation, the director or other responsible enforcement official may issue an order requiring abatement, within a reasonable time period, of a sound source alleged to be in violation of this chapter. No complaint or further action will be taken in the event that the cause of the violation has been removed, the condition abated or fully corrected within the time period specified in the written notice.

G. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this chapter, which operation or maintenance causes or creates sound levels exceeding the allowable limits as specified in this chapter, is declared to be a public nuisance and may be subject to summary abatement by a restraining order or injunction issued by a court of competent jurisdiction. Additionally, no provision of this chapter may be construed to impair any common law or statutory cause of action, or other legal remedy of any person for injury or damage arising from any violation of this chapter or from other law.

(Ord. No. 1084, § 3(Exh. A), 2-26-2014)