Chapter 11.30 — NOISE

Sound emanating from the following sources is exempt from the provisions of this Chapter:

• (a) Facilities owned or operated by or for a governmental agency.

• (b) Improvement projects of a governmental agency.

• (c) The maintenance or repair of public properties.

(d) Public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobile.

• (e) Public or private schools and school-sponsored activities.

• (f) Noise already governed by stricter provisions of land use permits.

• (g) Golf course maintenance.

• (h) Property maintenance, including, but not limited to, the operation of lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours of 7:00 a.m. and 8:00 p.m.

• (i) Motor vehicles, other than off-highway vehicles. This exemption does not include sound emanating from motor vehicle sound systems.

• (j) Heating and air conditioning equipment.

• (k) Safety, warning and alarm devices, including, but not limited to, house and car alarms, and other warning devices that are designed to protect the public health, safety, and welfare.

• (l) The discharge of firearms and fireworks consistent with all state and local laws.

(Ord. 101, passed 11-7-2007)

As used in this Chapter, the following terms shall have the following meanings:

(a) “Audio equipment.” Electronic sound reproducing or transmitting equipment including but not limited to a television, stereo, radio, tape player, compact disc player, mp3 player, I-POD or other similar device.

(b) “Governmental agency.” The United States, the State of California, Riverside County, any City within Riverside County, any special district within Riverside County or any combination of these agencies.

(c) “Land use permit.” A permit approved by the City Council or its designee, including a CUP, PUP, variance or special events permit.

(d) “Motor vehicle.” A vehicle that is self-propelled, including, but not limited to, golf carts (modified or not), and boats.

(e) “Motor vehicle sound system.” Electronic sound reproducing or transmitting equipment including but not limited to a stereo, radio, tape player, compact disc player, mp3 player, iPOD or other similar device.

• (f) “Noise.” Any repeated, loud and possibly disagreeable, sound.

• (g) “Occupied property.” Property upon which is located a residence, business, industrial, or manufacturing use.

• (h) “Off-highway vehicle.” A motorized vehicle designed to travel over non- paved terrain, such as an ATV.

• (i) “Public property.” Property owned by a governmental agency and held open to the public, including, but not limited to, parks, streets, sidewalks, and alleys.

• (j) “Public or private school.” An institution conducting academic instruction at the preschool, elementary school, junior high school, high school, or college level.

(k) “Sound amplifying equipment.” A loudspeaker, microphone, megaphone or other similar device. (Ord. 101, passed 11-7-2007)

Exceptions may be requested from the standards set forth in this Chapter as follows. Notwithstanding any other provision to the contrary, the applicant must demonstrate that the activities described in the application would not be detrimental to the health, safety or general welfare of the community. In determining whether activities are detrimental to the health, safety or general welfare of the community, the decision-maker shall consider such factors as the proposed duration of the activities and their location in relation to sensitive receptors.

(a) Construction-related. An application for a construction-related exception shall be made to and acted upon by the City Manager or his or her designee on forms provided by the City, if any, and shall be accompanied by the appropriate filing fee as determined by the City Council. No public hearing is required and there is no appeal. Mitigations may be required.

(b) Single event. An application for a single event exception shall be made as or considered as part of a special events permit.

(c) Continuous events. An application for a continuous events exception shall be made to the City Manager and shall be accompanied by the appropriate filing fee adopted by the City Council. The application shall be processed in the same manner as a variance. An application for a continuous events exception that is associated with an application for a land use permit shall be processed concurrently with the land use permit. Reasonable conditions may be imposed to minimize the public detriment, including, but not limited to, restrictions on sound level, sound duration and operating hours.

(d) Time to obtain permit. For a period of 180 days from the effective date of this Chapter, no person creating any sound prohibited by this Chapter shall be considered in violation of this Chapter if the sound is related to a use that is operating pursuant to an approved land use permit or if an application for a continuous events exception has been filed and if a decision on the application is pending.

(Ord. 101, passed 11-7-2007)

No person shall create any sound or noise, or allow the creation of any sound or noise, on any property that creates a public nuisance or that causes a violation of this Chapter. The provisions of this Chapter apply to sound emanating from all sources and the person creating or allowing the creation of the sound is subject to the requirements of this Chapter.

(Ord. 101, passed 11-7-2007)

The following special sound sources and the person creating or allowing the creation of the sound are also subject to the following additional standards and the failure to comply which will constitute separate violations of this Chapter. (a) Motor vehicles.

(1) Off-highway vehicles. No person shall operate an off-highway vehicle unless it is equipped with a USDA qualified spark arrester and a constantly operating and properly maintained muffler. A muffler is not considered constantly operating and properly maintained if it is equipped with a cutout, bypass or similar device.

(2) Sound systems. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, between the hours of 10:00 p.m. and 7:00 a.m., such that the sound system is audible to the human ear inside any

inhabited dwelling with the windows shut. No person shall operate a motor vehicle sound system at any other time, whether affixed to the vehicle or not, at any other time such that the sound system is audible to the human ear at a distance greater than 100 feet from the vehicle.

(b) Power tools and equipment. No person shall operate any power tools or equipment between the hours of 10:00 p.m. and 7:00 a.m. such that the power tools or equipment are audible to the human ear inside an inhabited dwelling with the windows shut other than a dwelling in which the power tools or equipment may be located. No person shall operate any power tools or equipment at any other time such that the power tools or equipment are audible to the human ear at a distance greater than 200 feet from the power tools or equipment.

(c) Audio equipment. No person shall operate any audio equipment, whether portable or not, between the hours of 10:00 p.m. and 7:00 a.m. such that the equipment is audible to the human ear inside an inhabited dwelling with the windows shut other than a dwelling in which the equipment may be located. No person shall operate any audio equipment, whether portable or not, at any other time such that the equipment is audible to the human ear at a distance greater than 100 feet from the equipment.

(d) Sound amplifying equipment and live music — residential areas. No person shall install, use or operate sound amplifying equipment, or perform, or allow to be performed, live music unless such activities comply with the following requirements. These requirements shall be deemed to be included in any special event permit or PUP unless different provisions are included.

(1) Sound amplifying equipment or live music is prohibited between the hours of 10:00 p.m. and 7:00 a.m.

(2) Sound emanating from sound amplifying equipment or live music at any other time shall not be audible to the human ear at a distance greater than 100 feet from the equipment or music.

(e) Sound amplifying equipment or live music — commercial. Except as otherwise provided in governing land use documents, no person shall install, use, or operate sound amplifying equipment, or perform or allow to be performed, live music, unless such activities comply with the following activities.

(1) Sound amplifying equipment or live music is prohibited between the hours of 2:00 a.m. and 7:00 a.m.

(2) At any other time, sound from amplifying equipment or live music at any other time shall not be audible to the human ear in a residence with the windows closed at a distance further than 300 feet from the edge of the property line of the commercial business.

(Ord. 101, passed 11-7-2007)

No person shall refuse to cooperate with, or obstruct, the enforcement officials identified in Section 11.30.070 of this Chapter when they are engaged in the process of enforcing the provisions of this Chapter. This duty to cooperate may require a person to extinguish a sound source so that it can be determined whether sound emanating from the source violates the provisions of this Chapter.

(Ord. 101, passed 11-7-2007)

This Chapter may be enforced by the Canyon Lake Police Department, the City's Code Enforcement Officer or their designee(s). Notwithstanding the provisions of Section 11.30.080, violation of this Chapter also shall constitute and may be enforced as a public nuisance.

(Ord. 101, passed 11-7-2007; Am. Ord. 198, passed 7-8-2020)

Any person who violates any provision of this Chapter once or twice within a consecutive 180-day period shall be guilty of an infraction. Any person who violates any provision of this Chapter more than twice within a consecutive 180-day period shall be guilty of a misdemeanor. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Penalties shall not exceed the following amounts.

(a) For the first violation within a consecutive 180-day period the minimum mandatory fine shall be $500.

(b) For the second violation within a consecutive 180-day period the minimum mandatory fine shall be $1,000. (c) For any further violations within a 180-day period the minimum mandatory fine shall be $1,000 or imprisonment in the County jail for a period not exceeding six months, or both. (Ord. 101, passed 11-7-2007)