Citrus Heights Municipal Code Art. III Noise Control

Footnotes:

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Editor's note— Ord. No. 2015-011, § 1, adopted January 14, 2016, repealed the former article III, §§ 34-81—34-104, and enacted a new article III as set out herein. The former article III pertained to similar subject matter and derived from Ord. No. 97-01, adopted January 2, 1997; Ord. No. 97-13, adopted March 26, 1997 and Ord. No. 97-17, adopted September 24, 1997.

The city council finds:

(1) Excessive, unnecessary or offensive noise within the city is detrimental to the public health, safety, welfare and the peace and quiet of the inhabitants of the city and therefore is declared a public nuisance;

(2) Every person in the city is entitled to live in an environment free from excessive, unnecessary or offensive noise levels; and

(3) The establishment of maximum permissible noise levels will further the public health, safety, welfare and peace and quiet of city inhabitants.

(Ord. No. 2015-011, § 1, 1-14-2016)

It is declared to be the policy and purpose of this article to assess complaints of noises alleged to exceed the ambient noise levels. Further, it is declared to be the policy to contain sound levels in the city at their present levels with the ultimate goal of reducing such levels, when and where feasible and without causing undue burdens, to meet the noise standards set forth in this article.

(Ord. No. 2015-011, § 1, 1-14-2016)

This article shall be liberally construed to effectuate its purposes.

(Ord. No. 2015-011, § 1, 1-14-2016)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Acoustic specialist means a person or persons trained in acoustic sampling, qualified to measure sound levels in A-weighted and C-weighted networks and one-third octave band frequencies.

Ambient noise level means the all-encompassing noise level associated with a given environment, being a composite of sounds from all 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.

A-weighting means the standard A-weighted frequency response of a sound level meter, which de-emphasizes low and high frequencies of sound in a manner similar to the human ear for moderate sounds.

C-weighting means the standard C-weighted frequency response of a sound level meter, which de-emphasizes high frequencies of sound in a manner similar to the human ear for relatively loud sounds.

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

Decibel and dB mean a unit which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base of ten of this ratio.

Emergency work means the use of any machinery, equipment, vehicle, human power or other activity in an effort to protect, maintain, provide or restore safe conditions in the community or for citizenry, or work by private or public utilities when restoring utility service.

Equivalent hourly sound level ("Leq") means the sound level corresponding to a steady state A-weighted sound level containing the same total energy as the actual time-varying sound level over a one-hour period.

Hertz means a unit of measurement of frequency, numerically equal to cycles per second.

Impulsive noise means a noise characterized by brief excursions of sound pressures the peak levels of which are very much greater than the ambient noise level, such as might be produced by the impact of a piledriver, punchpress or a drop hammer, typically with one second or less duration.

Low frequency noise means a noise which occurs in the frequency range of 160 Hertz or less.

Noise level means the sound pressure level in decibels obtained by using a sound level meter using A-weighting and C-weighting networks, or one-third octave band frequency at slow response (or fast response when required by this article for the measurement of impulsive sounds or low frequency noise) with a reference pressure of 20 micropascals. The unit of measurement shall be designated as dBA or dBC, as appropriate. The meter setting for slow or fast response shall be noted.

One-third octave band means a band of frequencies, in Hertz, which is one-third of an octave wide, as defined by the current version of the American National Standards Institute (ANSI) Standard S1.11. Examples of one-third octave band center frequencies in the range of audible sound include 20, 25, 31.5, 40 and 63 Hertz. Describing sound pressure levels in one-third octave bands provides information as to the tone or pitch, of noise (low frequency versus high frequency), as well as the amplitude of the sound.

Residential property means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.

Simple tone noise and pure tone noise mean a noise characterized by the presence of a predominant frequency such as might be produced by whistle or hum.

Sound level meter means an instrument meeting ANSI Standard S1.4-1983 for type 1 or type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

Sound pressure level means a sound pressure level of a sound, in decibels, as defined in ANSI Standard S1.4-1983; that is, 20 times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

Zone means any of the zones specified in the zoning code of the city, as such zones are presently identified therein and as they may be subsequently modified or altered.

(Ord. No. 2015-011, § 1, 1-14-2016)

(a) Any noise level measurements made pursuant to this article shall be performed using a sound level meter as defined in section 34-84. The sound level meter shall be set to A-weighting at slow meter response, except as provided in this article.

(b) The location selected for measuring exterior noise levels shall be at a point at least one foot inside the property line of the affected residential property. Where feasible, the microphone shall be at a height of three to five feet above ground level and shall be at least four feet from walls or similar reflecting surfaces. For interior noise measurements, the windows shall be in normal seasonal configuration, and the measurement shall be made at a point at least four feet from the wall, ceiling or floor nearest the affected occupied area.

(Ord. No. 2015-011, § 1, 1-14-2016)

(a) The following noise standards, unless otherwise specifically indicated in this article, shall apply to all properties within a designated noise area, measured pursuant to section 34-85(b):

(b) It is unlawful for any person at any location within the city to create any noise which causes the noise levels on an affected property, when measured in the designated noise area pursuant to section 34-85(b), to exceed, for the duration of time set forth following, the specified exterior noise standards in any one hour by:

(1) Cumulative period of 30 minutes per hour .....0

(2) Cumulative period of 15 minutes per hour .....+5

(3) Cumulative period of five minutes per hour .....+10

(4) Cumulative period of one minute per hour .....+15

(5) Level not to be exceeded for any time per hour .....+20

(c) Each of the noise limits specified in subsection (b) of this section shall be reduced by five dBA for impulsive or simple tone noises or for noises consisting of speech or music.

(d) If the ambient noise level exceeds that permitted by any of the first four noise limit categories specified in subsection (b) of this section, the allowable noise limit shall be increased in five-dBA increments in each category to encompass the ambient noise level. If the ambient noise level exceeds the fifth noise level category, the maximum ambient noise level shall be the noise limit for that category.

(e) It is unlawful for any person at any location within the city to create low-frequency noise or impulsive noise which causes the noise level on an affected residential property to exceed the noise level standards as indicated below. Exterior noise level shall be measured pursuant to the requirements set forth in section 34-85(b).

(1) The noise level measurements conducted under this subsection (e) shall be conducted with the sound level meter set to fast response.

(2) If separation of low frequency noise or impulsive noise from the background ambient noise can be determined with the sound level meter set to A-weighting, noise levels from the low frequency noise shall not exceed an Leq of 50 dBA daytime and 45 dBA nighttime for any one minute period.

(3) If separation of low frequency noise or impulsive noise from the background ambient noise cannot be determined with the sound level meter on A-weighting, the meter shall be switched to C-weighting to emphasize the low frequency noise. If separation of low frequency noise or impulsive noise from background ambient noise can be determined with the meter set to the C-weighting, the noise level from the low frequency noise or impulsive noise shall not exceed an Leq of 75 dBC daytime and 70 dBC nighttime for any one minute period.

(4) If existing background ambient noise levels are higher than standards identified in the table above, then the maximum sound levels due to amplified sound shall not exceed the background sound levels by more than three dB for A-weighted measurements and five dB for C-weighted measurements.

(5) If separation of low frequency noise or impulsive noise from the background ambient noise cannot be determined with the sound level meter set to either A or C weighting, and low frequency noises or impulsive noise are clearly audible to the acoustics specialist, a sound level measurement shall be taken using one-third octave band frequencies. A 10 dB increase in any one-third octave band due to the amplified noise shall be considered a violation of this article.

(Ord. No. 2015-011, § 1, 1-14-2016)

(a) In any apartment, condominium, townhouse, duplex or multiple-dwelling unit, it is unlawful for any person to create any noise from inside his or her unit that causes the noise level, when measured in a neighboring unit during the periods 10:00 p.m. to 7:00 a.m., to exceed the following:

(1) Forty-five dBA for a cumulative period of more than five minutes in any hour.

(2) Fifty dBA for a cumulative period of more than one minute in any hour.

(3) Fifty-five dBA for any period of time.

(b) If the ambient noise level exceeds that permitted by any of the noise level categories specified in subsection (a) of this section, the allowable noise limit shall be increased in five-dBA increments in each category to encompass the ambient noise level.

(Ord. No. 2015-011, § 1, 1-14-2016)

The following activities shall be exempted from this article:

(1) School bands, school athletic and school entertainment events.

(2) Outdoor gatherings, public dances, shows and sporting and entertainment events, provided the events are conducted pursuant to a license or permit issued by the city.

(3) Activities conducted on parks, public playgrounds and school grounds, provided such parks, playgrounds and school grounds are owned and operated by a public entity or private school.

(4) Any mechanical device, apparatus or equipment related to or connected with emergency activities or emergency work.

(5) Noise sources associated with construction, repair, remodeling, demolition, paving or grading of any real property, provided the activities do not take place between the hours of 8:00 p.m. and 6:00 a.m. on weekdays and Friday commencing at 8:00 p.m. through and including 7:00 a.m. on Saturday, Saturdays commencing at 8:00 p.m. through and including 7:00 a.m. on the next following Sunday, and on each Sunday after the hour of 8:00 p.m. However, when an unforeseen or unavoidable condition occurs during a construction project and the nature of the project necessitates that work in process be continued until a specific phase is completed, the contractor or owner shall be allowed to continue work after 8:00 p.m. and to operate machinery and equipment necessary until completion of the specific work in progress can be brought to conclusion under conditions which will not jeopardize inspection acceptance or create undue financial hardships for the contractor or owner.

(6) Noise sources associated with agricultural operations, provided such operations do not take place between the hours of 8:00 p.m. and 6:00 a.m.

(7) Any mechanical device, apparatus or equipment which is utilized for the protection or salvage of agricultural crops during periods of adverse weather conditions or when the use of mobile noise sources is necessary for pest control.

(8) Noise sources associated with maintenance of residential area property, provided the activities take place between the hours of 6:00 a.m. and 8:00 p.m. on any day except Saturday or Sunday, or between the hours of 7:00 a.m. and 8:00 p.m. on Saturday or Sunday.

(9) Any activity, to the extent provisions of 42 USC 65 and Public Utilities Code §§ 21661—21669.6 and 21670—21679.5 preempt local control of noise regulations and land use regulations related to noise control of airports and their surrounding geographical areas; any noise source associated with the construction, development, manufacture, maintenance, testing or operation of any aircraft engine or of any weapons system or subsystems which are owned, operated or under the jurisdiction of the United States; or any other activity to the extent regulation thereof has been preempted by state or federal law or regulation.

(10) Any noise sources associated with the maintenance and operation of aircraft or airports which are owned or operated by the United States.

(Ord. No. 2015-011, § 1, 1-14-2016)

(a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Commercial facility means any building, structure, premises or portion thereof used for wholesale or retail commercial purposes.

Industrial facility means any building, structure, factory, plant, premises or portion thereof used for manufacturing or industrial purposes.

(b) Any industrial or commercial facility shall be subject to all applicable requirements of this article.

(c) If any facility which is not in compliance by the end of the one-year period applies for a variance pursuant to section 34-100, in deciding whether to grant a variance, the hearing board shall take into account the extent to which the applicant has endeavored to reduce noise during the one-year period to meet the standards specified in this article.

(d) This section applies only to a commercial or industrial facility which was already in existence or for which the work of improvement has commenced prior to July 1, 1976.

(Ord. No. 2015-011, § 1, 1-14-2016)

It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church, while the school, hospital or church is in use, to exceed the noise standards specified in section 34-86 or to create any noise which unreasonably interferes with the use of such institution or unreasonably disturbs or annoys patients in the hospital. In any disputed case, interfering noise which is ten dBA or more, greater than the ambient noise level at the building, shall be deemed excessive and unlawful.

(Ord. No. 2015-011, § 1, 1-14-2016)

(a) It is unlawful for any person to operate any mechanical equipment, pump, fan, air conditioning apparatus, stationary pumps, stationary cooling towers, stationary compressors, similar mechanical devices, or any combination thereof installed after July 1, 1976 in any manner so as to create any noise which would cause the maximum noise level to exceed the following:

(1) Sixty dBA at any point at least one foot inside the property line of the affected residential property and three to five feet above ground level.

(2) Fifty-five dBA in the center of a neighboring patio three to five feet above ground level.

(3) Fifty-five dBA outside of the neighboring living area window nearest the equipment location. Measurements shall be taken with the microphone not more than three feet from the window opening but at least three feet from any other surface.

(b) Equipment installed five years after July 1, 1976, must comply with a maximum limit of 55 dBA at any point at least one foot inside the property line of the affected residential property and three to five feet above ground level.

(c) Equipment installed before December 17, 1970, must comply with a limit of 65 dBA maximum in sound level at any point at least one foot inside the affected property line and three to five feet above ground level by January 1, 1977. Equipment installed between December 16, 1970, and July 1, 1976, must comply with a limit of 65 dBA maximum sound level at any point at least one foot inside the property line of the affected residential property and three to five feet above ground level.

(Ord. No. 2015-011, § 1, 1-14-2016)

It is unlawful for any person to operate any motorcycle or recreational off-road vehicle within the city in such a manner that the noise level exceeds the exterior noise standards specified in section 34-86.

(Ord. No. 2015-011, § 1, 1-14-2016)

(a) It is unlawful for any person authorized to engage in waste disposal service or garbage collection to operate any truck-mounted waste or garbage loading and/or composting equipment or similar mechanical device in any manner so as to create any noise exceeding the following level, when measured at a distance of 50 feet from the equipment in an open area:

(1) New equipment purchased or leased on or after a date six months from July 1, 1976, shall not exceed a noise level of 80 dBA.

(2) New equipment purchased or leased on or after 42 months from July 1, 1976, shall not exceed a noise level of 75 dBA.

(3) Present equipment shall not exceed a noise level of 80 dBA on or after five years from July 1, 1976.

(b) This section shall not abridge or conflict with the powers of the state over motor vehicle control.

(Ord. No. 2015-011, § 1, 1-14-2016)

(a) As used in this section, the phrase "a person of normal hearing sensitivity" means a person who has a hearing threshold level of between zero decibels and 25 decibels HL averaged over the frequencies 500, 1,000 and 2,000 hertz.

(b) Notwithstanding any other section of this Code and in addition thereto, it is unlawful for any person to permit or cause any noise, sound, music or program to be emitted from any radio, tape player, tape recorder, record player or television outdoors on or in any publicly owned property, park or place when such noise, sound, music or program is audible to a person of normal hearing sensitivity 100 feet from the radio, tape player, tape recorder, record player or television.

(c) Notwithstanding any other section of this Code, any person violating this section shall be guilty of an infraction and upon conviction thereof, is punishable as provided in section 1-21.

(d) Notwithstanding sections 46-1 and 46-2 or any other section of this Code, no citation or notice to appear shall be issued or criminal complaint shall be filed for a violation of this section unless the offending party is first given a verbal or written notification of violation by any peace officer, public officer, park ranger or other person charged with enforcing this section and the offending party given an opportunity to correct the violation.

(e) This section shall not apply to broadcasting from any aircraft, vehicle or stationary sound amplifying equipment as defined and regulated in chapter 5.56 of the Sacramento County Code; the use of radios, tape players, tape recorders, record players or televisions in the course of an assembly or festival for which a license has been issued pursuant to section 9.36.072 of the Sacramento County Code; a parade for which a permit has been issued pursuant to section 10.32.020 of the Sacramento County Code; or any other activity, assembly or function for which a permit or license has been duly issued pursuant to any section of this Code or the Sacramento County Code.

(Ord. No. 2015-011, § 1, 1-14-2016)

(a) Notwithstanding any other section of this article and in addition thereto, it is unlawful for any person to willfully make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

(b) The standards which shall be considered in determining whether a violation of this section exists shall include but not be limited to the following:

(1) The sound level of the objectionable noise.

(2) The sound level of the ambient noise.

(3) The proximity of the noise to residential sleeping facilities.

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

(5) The density of the inhabitation of the area within which the noise emanates.

(6) The time of day or night the noise occurs.

(7) The duration of the noise and its tonal informational or musical content.

(8) Whether the noise is continuous, recurrent or intermittent.

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

(Ord. No. 2015-011, § 1, 1-14-2016)

The administration of this article is vested in the community and economic development director.

(Ord. No. 2015-011, § 1, 1-14-2016)

(a) Any violation of any of the provisions of this article shall be and is hereby declared a public nuisance.

(b) Any person who violates any provision of this article shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof and, shall be punished accordingly.

(Ord. No. 2015-011, § 1, 1-14-2016)

If the community and economic development director determines that a violation of this article has occurred or is occurring, the community and economic development director shall have the authority to issue a notice of administrative violation to the responsible party and impose administrative penalties pursuant to section 50-96 et seq., or to seek enforcement of this article pursuant to any applicable laws or ordinances, including, but not limited to, injunctions or criminal penalties.

(Ord. No. 2015-011, § 1, 1-14-2016)

Violations of this article are hereby declared to be infractions. A conviction of an infraction shall be punishable by fine as follows: upon a first conviction, a fine not exceeding $100.00; upon the second conviction within one year of a prior conviction, by a fine not exceeding $200.00; upon any subsequent conviction within one year of two prior convictions, by a fine of not exceeding $500.00.

(Ord. No. 2015-011, § 1, 1-14-2016)

The violation of any provision of this article shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of city, create a cause for injunctive relief.

(Ord. No. 2015-011, § 1, 1-14-2016)