Clayton Municipal Code Ch. 9.30 Noise

For the purpose of this ordinance, the following definitions shall apply:

A. "Commercial purpose" shall mean and include the use, operation, or maintenance of sound-amplifying equipment for the purposes of advertising business, goods, or services; or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage to or for a performance, show, entertainment, exhibition, or event; or for the purpose of demonstrating any such sound equipment; or for the purpose of paging employees or customers.

1. This section shall also include the actual performance of such equipment, whether inside or outside a commercial establishment, for purposes of entertainment.

B. "Emergency Work" means work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger. Emergency work includes the operation of a generator during the time that electrical power service has been interrupted.

C. "Motor vehicle" shall mean a motor vehicle as defined by the California Vehicle Code.

D. "Non-commercial purpose" means and includes the use, operation, or maintenance of sound equipment for other than a commercial purpose. Non-commercial purpose includes philanthropic, political, community events, patriotic, and charitable purposes.

E. "Sound-amplifying equipment" means a machine or device for the amplification of the human voice, music, or any other sound. Sound-amplifying equipment does not include:

1. A standard automobile radio when used and heard only by the occupant of the vehicle in which the radio is installed; or

2. A warning device on authorized emergency vehicle, or horn or other warning device used for traffic safety purposes.

F. "Sound truck" shall mean a motor vehicle regardless of motive power, whether in motion or stationary, having sound-amplifying equipment mounted or attached to it.

(Ord. 349, 1999; Ord. 411, 2007)

Except as otherwise provided by this chapter and Chapter 15.01 of this code, it is unlawful for a person to willfully make a loud, unnecessary or unusual noise, which disturbs the peace or quiet of a neighborhood or which causes discomfort or annoyance to a reasonable person or normal sensitiveness residing in the area.

(Ord. 411, 2007)

The standards which shall be considered in determining, whether a violation of Section 9.30.020 exists include, but are not limited, to the following:

A. The volume of noise;

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

C. The proximity of the noise to residential sleeping facilities;

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

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

F. The duration of the noise;

G. Whether the noise is continuous, recurrent or intermittent;

H. Whether the noise is produced by a commercial or non-commercial activity;

I. The number of persons in the neighborhood who have complained of the noise.

(Ord. 349, 1999)

Except as otherwise provided in this section, it is unlawful for a person to do any of the following acts:

A. Radios, television sets, and similar devices. A person may not operate or play a radio, television set, stereo, phonograph, receiving set, tape or compact disk payer, jukebox, musical instrument, or similar device in such a manner as to disturb the peace, quiet, or comfort of the neighboring inhabitants, or to do so with a louder volume than is necessary for convenient hearing for persons in the room, vehicle, or chamber in which the device is operated.

1. A prima facie violation has occurred if the noise is plainly audible at a distance of fifty (50) feet from the nearest property line of any yard, park, or outside activity area, or any building or structure from which the noise is emanating from or vehicle from which it is located, or a distance of fifty (50) feet from the device if outside.

B. Schools and churches. Creating noise on a street, sidewalk or public place adjacent to a school or church while in use if the noise unreasonably interferes with the working of the institution.

C. Machinery, Equipment, Fans, Air Conditioning and Power Equipment. It is unlawful to operate machinery, equipment, or a pump, fan, air-conditioner, spa or pool equipment or engine in a manner which causes excessive noise to nearby residents between the hours of 10:00 p.m. and 7:00 a.m. Additionally, the use of power equipment for home use or residential yard maintenance including power tools, lawn mowers and leaf blowers is prohibited except as set forth below in this section:

1. Weekdays. Monday through Friday between 7:00 a.m. and 8:00 p.m.

2. Saturdays, Sundays and City-observed Holidays between 8:00 a.m. and 8:00 p.m.

D. Construction or repair work. Such work which creates noise within or adjacent to a residential land use district or planned development is subject to time and other restrictions listed in the Clayton Municipal Code.

E. Loudspeakers or sound-amplifying equipment. A person may not install, use or operate a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted on a sound truck for the purpose of transmitting sound to a person in or on a street, sidewalk, park or public property without a permit.

F. Animals or birds in residential neighborhoods. No person shall keep or maintain an animal, fowl, or bird (otherwise permitted to be kept) which, by sound, cry, or audible behavior causes annoyance or discomfort or disturbs the repose of a reasonable person.

G. Garbage disposal and street sweeping. Unless otherwise permitted by franchise agreement or other City regulation, it shall be unlawful to perform these activities between 10:00 p.m. and 6:00 a.m. weekdays and 10:00 p.m. and 8:00 a.m. on weekends.

(Ord. 349, 1999; Ord. 411, 2007)

The Police Chief may grant a permit on an event(s) or seasonable basis allowing an exception to this chapter for such activities as civic events, civic sponsored events, or youth sports and/or recreational events, or permitting the use of sound-amplification equipment, subject to the requirements of section. An application for either type of exemption must be submitted at least twenty-five (25) calendar days before the proposed activity and must be accompanied by an application fee in the amount set by Council resolution.

A. Exception permit. The Police Chief may grant a permit, subject to reasonable restrictions, allowing an exception to subsection 9.30.020 or 9.30.040 for as short a period of time as is reasonable if the permit applicant notices nearby residences and businesses and demonstrates all of the following according to City policy:

1. Compliance with this chapter could be impractical or unreasonable;

2. Which mitigation measures will implemented to minimize the sound disturbance.

B. Permit for Sound-Amplification Equipment. The Police Chief may grant a permit to allow sound-amplification equipment, subject to reasonable restrictions regarding time, place and manner of use for the safety and convenience of the public. If the application is denied, the Police Chief shall advise the applicant in writing of the reasons for denial. The applicant shall submit an application containing the following information:

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

2. The maximum wattage to be used, and the approximate distance for which sound will be audible from the sound-amplifying equipment;

3. The license number, if a sound truck is used;

4. A general description of the sound-amplifying equipment to be used;

5. Whether the sound-amplifying equipment will be used for a commercial or non-commercial purpose;

6. Which measures will be implemented to reduce noise to neighbors;

7. Where the equipment will be used; and

8. During which day(s) and hour(s) the equipment will be used.

C. Notwithstanding other provisions of this chapter, if the City Manager determined that exceptional circumstances exist and the City and a property owner enter into a recordable noise abatement agreement with the land, the provisions of this chapter shall not be applicable to the uses identified in the agreement.

(Ord. 349, 1999; Ord. 362, 2001)

Actions made necessary to protect the health, safety or general welfare of the public or of their property shall not be a violation of this chapter.

(Ord. 349, 1999)

The person(s) responsible for the noise will be held liable for the cost of providing police services during a second or follow-up response by police, after a first warning (including an explanation of possible police service fee imposition if a second response is necessary to the person(s) responsible for the noise to control the specified threat to the public peace, health, safety, or general welfare. The second or follow-up response may also result in the arrest and/or citation of violators of the State Penal Code or other provisions of the Municipal Code.

(Ord. 349, 1999)

The police services fee shall include the cost of personnel and equipment, but shall not exceed five hundred dollars ($500.00) for a single incident, provided however that the City does not hereby waive its right to seek reimbursement for actual costs exceeding five hundred dollars ($500.00) through other legal remedies. the amount of the fees shall be deemed a debt owed to the City by the person responsible for the event, and if such person is a minor, the debt shall be the obligation of such minor and his/her parents or guardians. Such fees shall be due upon receipt of billing from the City. Any person owing such fees shall be liable in an action brought in the name of the City for recovery of such fees, including reasonable attorney fees.

A. Automatic adjustment in police services fees. Such fees may be adjusted each year, computing the adjustment on the Official Consumers Price Index published by the United States Department of Labor, Bureau of Labor Statistics, for the San Francisco-Oakland Metropolitan Area.

(Ord. 349, 1999)

The decision of the Police Chief may be appealed within ten (10) calendar days of such decision to the City Manager. The decision of the City Manager shall be final.

(Ord. 411, 2007)

A. Violation an infraction. A person who violates a provision of this section is guilty of an infraction and subject to the penalty set forth in Chapter 1.20.

B. Violation a public nuisance. A violation of this section is a public nuisance and may be abated by a civil action including a restraining order or injunction.

(Ord. 349, 1999)