Corte Madera Municipal Code Ch. 9.36 Noise

Footnotes:

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Editor's note— Ord. No. 989, § 1, adopted Nov. 19, 2019, repealed the former Ch. 9.36, which consisted of §§ 9.36.010—9.36.080, and enacted a new Ch. 9.36 as set out herein. The former Ch. 9.36 pertained to the same subject matter and derived from Ord. 668 §§ 1—8, adopted 1978; and Ord. 952, § 1(Exh. A), adopted April 5, 2016.

It shall be the policy of the town to prohibit excessive and offensive noises from all sources. At certain levels, noises are detrimental to the health, safety and welfare of the citizenry and in the public interest should be systematically proscribed and declared a nuisance.

(Ord. No. 989, § 2, 11-19-2019)

Unless the context otherwise clearly indicates, certain words and phrases used in this chapter are defined as follows:

(a) "Ambient noise" means the all-encompassing noise associated with a given environment, being a composite of sounds from any sources, near and far. For the purpose of this code, ambient noise level is the average over five minutes excluding random or intermittent noises and the alleged offensive noise measured at the location and time of day at which a comparison with an alleged offensive noise is to be made. Averaging may be done by instrumental analysis in accordance with American National Standards S.13-1971, or may be done manually as follows:

(i) Observe a sound level meter for five seconds and record the best estimate of central tendency of the indicator needle, and the highest and lowest indications;

(ii) Repeat the observations as many times as necessary to provide that observations be made at the beginning and at the end of the five-minute averaging period and that there shall be at least as many additional observations as there are decibels between the lowest low indication and the highest high indication;

(iii) Calculate the arithmetical average of the observed central tendency indications.

(b) "Decibel" means a unit for measuring the relative loudness of sounds equal approximately to the smallest degree of difference of loudness ordinarily detectable by the human ear whose range includes approximately one hundred thirty decibels on a scale beginning with one for the faintest audible sound.

(c) "Mechanical device" means any machinery or equipment; pump, fan, air-conditioning apparatus, or similar device; radio receiving set, musical instrument, phonograph, television set, or other similar device; motorized landscape equipment, including lawn mowers, shears, leaf blowers or similar equipment; and burglar alarm or other emergency signaling device. Mechanical device does not include vehicles or motor carriers.

(d) "Multi-unit residence" means property containing two or more units with a shared wall including for example, rental complexes, common interest complexes, senior citizen residences, and nursing homes. This does not include single-family homes with detached or attached accessory dwelling units or junior accessory dwelling units.

(e) "Noise level" means the sound level in decibels dBA measured on the A-weighted scale as defined by the American National Standard Institute specifications S1.41971 or the most recent revision thereof.

(f) "Noise level measurement." For the purpose of enforcement of the provisions of this chapter, noise level shall be measured on the A-weighted scale with a sound level meter satisfying at least the applicable requirements for Type 1 sound level meters as defined in American National Standard Section 1.4-1971 or the most recent revisions thereof. The meter shall be set for slow response speed, except that for impulse noises or rapidly varying sound levels, fast response speed may be used. Prior to each measurement, the meter shall be verified, and adjusted to ±0.3 decibel by means of an acoustical calibrator.

The location selected for measuring noise levels shall be at any appropriate point at the property plane of the property from which the noise is emitted. Where feasible, the microphone shall be at a height of three to five feet above ground level and at least four feet from walls or similar reflecting surfaces.

(g) "Person" means a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private.

(h) "Powered construction equipment" means any tools, machinery or equipment used in connection with construction operations which can be driven by energy in any form other than manpower, including all types of motor vehicles when used in the construction process on any construction site, regardless of whether such construction site be located on-highway or off-highway.

(i) "Property plane" means the vertical line through the property line which determines the property boundaries in space.

(j) "Residential property" means a building containing one or more "dwelling units" as the term is "dwelling unit" is defined in Title 18 of this code.

(k) "Zoning districts" shall be as defined and described in Title 18 of this code.

(Ord. No. 989, § 2, 11-19-2019)

(a) Except as provided in subsections (b)—(d) below, it is unlawful for any person to operate any mechanical device in any manner so as to create any noise which would cause the noise level at the property plane of the property from which the noise is emitted to exceed the following values:

(i) For noises emitted from residential zoning districts (R-1-A, R-1-B, R-1-C, R-1, R-2, R-3), a noise level more than twenty-five dBA above the local ambient for a cumulative period of more than ten minutes in any hour, a noise level more than thirty-five dBA above the local ambient or a cumulative period of more than three minutes in any hour, or a noise level more than forty dBA above the local ambient noise level for any amount of time.

(ii) For noises emitted from all zoning districts other than those listed in subsection (a)(i), a noise level more than forty dBA above the local ambient for a cumulative period of more than ten minutes in any hour, a noise level more than fifty dBA above the local ambient for a cumulative period of more than three minutes in any hour, or a noise level more than fifty-five dBA above the local ambient noise level for any amount of time.

TABLE 1 The noise limits described in subsection (a) are as follows:

(b) Except on federal holidays, the provisions of subsection (a) shall not apply to construction or demolition work performed during the following times: Monday through Friday from seven a.m. to five p.m.; and Saturday and Sunday from ten a.m. to five p.m.; provided, that all powered construction equipment is equipped with intake and exhaust mufflers recommended by the manufacturers thereof; and provided, further, pavement breakers and jackhammers shall also be equipped with acoustical attenuating shields or shrouds recommended by the manufacturers thereof. In lieu of or in the absence of manufacturer's recommendations, the town engineer shall have the authority to prescribe such means of accomplishing maximum noise attenuation as that person deems to be in the public interest, considering the available technology and economic feasibility. The director of planning and building shall have the sole discretion to increase the hours exempt from the provisions of subsection (a) for construction or demolition work. Such decision shall be based upon the likelihood of noise impacts to residential uses and the emergency nature and/or purpose of construction activities, and shall be made in writing, specifying the exempt hours and any conditions under which such exemption shall apply.

(c) The provisions of subsection (a) shall not apply to:

(1) Motorized landscape equipment, including lawn mowers, shears, leaf blowers or similar equipment;

(2) Any burglar alarm or other emergency signaling device; or

(3) Any standby machinery or equipment necessarily operated in emergency situations, including, but not limited to, generators used in emergency periods such as during power outages.

(Ord. No. 989, § 2, 11-19-2019)

(a) Ban on Gas-Powered Leaf Blowers. Beginning on March 1, 2020, it shall be unlawful for any person to operate a gas-powered leaf blower at any time in the town.

(b) Restricted Hours for Leaf Blowers. It shall be unlawful for any person to operate any leaf blower during the following times:

(1) Residential Properties Other Than Multi-Unit Residences. No leaf blower may be operated at any residential property that is not a multi-unit residence except between the hours of nine a.m. and five p.m. on weekdays and between the hours of ten a.m. and four p.m. on Saturdays.

(2) Other Properties and Use by Town. No leaf blower may be operated at any multi-unit residence or nonresidential property, and no leaf blower may be operated by on-duty staff or contractors of the town, except between the hours of seven a.m. and five p.m. on weekdays, and between the hours of ten a.m. and four p.m. on Saturdays.

(3) Sundays and Holidays. It shall be unlawful for any person to operate a leaf blower in any area of the town on Sundays or federal holidays.

(c) Debris Removal. It shall be unlawful for any person who operates a leaf blower within the town to allow any leaves, dirt or any other debris blown to enter the storm drain system. All leaves, dirt, or any other debris blown on to public property or in the public right-of-way must be cleaned up and removed.

(d) Exemption for School District. The restrictions in subsections (a) and (b) above do not apply to the use of leaf blowers by on-duty staff or contractors of the Larkspur-Corte Madera School District on property owned or leased by the school district.

(Ord. No. 989, § 2, 11-19-2019)

(a) It is unlawful for any person without justification to make or continue, or cause to permit to be made or continued, between the hours of ten p.m. and six a.m. daily, any excessive or offensive noise that disturbs the peace or quiet of any neighborhood or that is unreasonably disturbing to a person of ordinary sensitivities residing in the area. The standards that shall be considered in determining whether a violation of this section exists shall include, but not be limited to:

(1) The level of the noise, which shall be the primary standard utilized;

(2) Whether the nature and origin of the noise is usual or unusual;

(3) Whether the origin of the noise is natural or unnatural;

(4) The level of ambient noise;

(5) The proximity of the noise to residences, hotels and other buildings containing sleeping accommodations;

(6) The nature and zoning of the property from which the noise emanates;

(7) The duration of the noise; and

(8) Whether the noise is intermittent or constant.

(b) Subsection (a) is intended to regulate, among other types of noises, noises created by mechanical devices that do not exceed the maximum noise levels set forth in Section 9.36.030; provided, however, that subsection (a) shall not be construed to regulate noises made by (1) emergency vehicles, (2) any burglar alarm or other emergency signaling device, or (3) any standby machinery or equipment necessarily operated in emergency situations, including, but not limited to, generators used in emergency periods such as during power outages.

(c) Subsection (a) shall not be construed to regulate noises made by animals. Rather, pursuant to Section 8.040.010 of this code, the town regulates animal noise by enforcement of Section 8.04.179 of the Marin County Animal Services Ordinance, or successor ordinance, which prohibits habitual animal noise that unreasonably disturbs the peace.

(Ord. No. 989, § 2, 11-19-2019)

(a) A violation of any provisions of this chapter shall constitute an infraction. Each calendar day any such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(b) As an additional remedy, the operation or maintenance of any device, instrument, vehicle or mechanical device in violation of any provision of this chapter shall be deemed and is declared to be a public nuisance and may be subject to summary abatement, to a restraining order, or to a temporary or permanent injunction issued by a court of competent jurisdiction.

(c) The penalties and remedies provided in this section shall be in addition to any other remedy, remedies, or penalties provided in this code or any other law or ordinance, including, but not limited to, public nuisance. Application of remedies in addition to or in place of those provided in this subsection (a) shall be at the sole discretion of the town, and shall conducted in accordance with the code provisions, ordinance or laws providing for such additional remedies or penalties.

(Ord. No. 989, § 2, 11-19-2019)

(a) This chapter shall be construed so as not to conflict with applicable federal or state laws, rules, or regulations, including, but not limited to, the federal Noise Control Act (42 U.S.C. section 4971) and the California Vehicle Code, or their successor statutes. Nothing in this chapter shall authorize any town agency or department to impose any duties or obligations in conflict with limitations on municipal authority established by state or federal law at the time such agency or department action is taken.

(b) To the extent the regulations set forth in this chapter affect speech activity protected by the federal or California Constitution, they are to operate as reasonable time, place and manner regulation of that activity. This chapter shall not be construed to authorize its enforcement, and shall not be enforced or applied, based on the content of protected speech activities, or the identity or viewpoint of the person engaged in such speech activities.

(Ord. No. 989, § 2, 11-19-2019)