Culver City Municipal Code Ch. 9.07 Noise Regulations

Section

Cross-reference:

Nuisances declared and prohibited, see § 9.04.020

A. In order to control unnecessary, excessive and annoying noise in the City of Culver City, it is hereby declared to be the policy of the City to prohibit or limit such noise generated from or by all sources as specified in this Chapter.

B. It shall be the policy of the City to maintain, preserve and enhance the quiet atmosphere of the City, to implement programs aimed at retaining ambient noise levels throughout the City, and to mitigate noise conflicts. It is determined that certain noise levels are detrimental to the public health, welfare and safety, and are contrary to the public interest. Therefore, creating, maintaining, causing, or allowing to be created, caused, or maintained, any noise in a manner prohibited by the provisions of this Chapter is a public nuisance and shall be punishable as such.

('65 Code, § 23-44.1) (Ord. No. 95-004 § 2 (part))

Unless the context otherwise clearly indicates, the words and phrases used in this Chapter are defined in this Section. All terminology used in this Chapter not defined below shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. The following words, phrases, and terms as used in this Section shall have the meanings as follows:

AMBIENT NOISE. The composite of all noise from sources near and far, none of which are particularly dominant. The AMBIENT NOISE constitutes the normal or existing level of environmental noise at a given location.

AMPLIFIED SOUND. Sound enhanced by use of electronic equipment.

A-WEIGHTED NOISE LEVEL. The sound level in decibels as measured on a sound level meter using the A-Weighted scale. The level so read is designated in dBA.

COMMERCIAL PROPERTY. A parcel of real property zoned and used entirely, or partially, for commercial purposes.

CONSTRUCTION. Any site preparation, demolition, assembly, erection, substantial repair, alteration, or similar action, or related services or activities, for or of private property, structures, utilities, or public rights-of-way.

CUMULATIVE. An additive period of time composed of individual time segments which may be continuous or interrupted.

DECIBEL. A unit for measuring the amplitude of sound, equal to ten (10) times the logarithm (to the base of ten (10)) of the ratio of the two (2) mean square values of sound pressure, voltage, or current.

DOMINANT NOISE SOURCE. The most significant source of noise at a given location which is identifiable by the Officer.

EQUIVALENT SOUND LEVEL (LEQ). Constant noise level that, in a given situation and time period, contains the same acoustic energy as the actual time-varying A-weighted sound level.

EMERGENCY. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

EMERGENCY WORK. Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

FIXED NOISE SOURCE. A stationary device which creates noise 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. A noise of short duration usually of high intensity with an abrupt onset and rapid decay. Impulsive noise sources include but are not limited to impact wrenches, pneumatic hammers, hammering devices, explosions, fire arms and other similar noise sources.

INDUSTRIAL PROPERTY. A parcel of real property which is zoned and used entirely or partially for industrial purposes.

INTRUSIVE NOISE. That alleged offensive noise which exceeds the existing ambient noise at a given location.

MOBILE NOISE SOURCE. Any noise source other than a fixed noise source.

NOISE. An unwanted sound which is generally random in nature.

NOISE DISTURBANCE. Any noise which, as judged by a City employee or City-employed agent that annoys or disturbs a reasonable person or exceeds the standard set forth in this Chapter. Compliance with the quantitative standards as listed herein shall constitute elimination of a noise disturbance.

NOISE LEVEL (LN). The sound pressure level as measured with a sound level meter.

PERCENT NOISE LEVEL (%). That noise level expressed in decibels which exceeds the specified (LN) value as a percentage of total time measured. For instance, an L25 noise level means that noise level which is exceeded twenty-five percent (25%) of the time measured.

PERSON. An individual, firm, association, partnership, joint venture or corporation including any officer, employee, department, agency, or instrumentality of a State or political subdivision of a State.

PITCH. The frequency of a noise.

PUBLIC RIGHT-OF-WAY. Any street, parkway, trail, public way, sidewalk, bike path, alley or similar place which is owned or controlled by a governmental entity.

PURE TONE. Any noise which is judged as audible as a single frequency or a set of single frequencies. Pure tones include but are not limited to noise from whistles, bells, fans or other mechanical devices that emit audible tones.

REAL PROPERTY BOUNDARY. 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 or a public right-of-way.

RESIDENTIAL PROPERTY. A parcel of real property which is zoned and used either in part or in whole for residential purposes.

SOUND. A pressure oscillation in air which is capable of evoking the sensation of hearing.

SOUND AMPLIFYING EQUIPMENT. Any device for the amplification of the human voice, music, or any other sound, excluding automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed, and, as used in the Chapter, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

SOUND LEVEL METER. An instrument, including a microphone, amplifier, output meter, and frequency weighing networks for the measurement of noise and sound levels, which satisfies the requirements pertinent for Type A meters in American National Standards Institute specifications for Sound Level Meters, S1.4-1983, or the most recent revision thereof.

SOUND TRUCK. Any motor vehicle, or any other vehicle, except public health and safety vehicles, regardless of motive power, whether in motion or stationary, having mounted thereon or attached thereto any sound amplifying equipment.

VIBRATION. The minimum ground or structure-borne shaking motion necessary to cause a normal person to be aware of the shaking by such direct means as, but not limited to, sensation by touch or visual observations of moving objects.

WEEKDAY. Any day, Monday through Friday, which is not a City specified holiday.

('65 Code, § 23-44.2) (Ord. No. 95-004 § 2 (part))

A. Prima facie violation. Any noise which is reasonably determined to be excessively loud, piercing, or offensive to occupants of neighboring properties or peace officers called to the location of the noise shall be deemed prima facie evidence of a violation of the provisions of this Chapter.

B. Penalty for violation. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not to exceed One Thousand Dollars ($1,000.00) or be imprisoned in jail for a period not to exceed six (6) months or by both fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense.

C. Additional remedy. The operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this Chapter which causes or creates noise levels exceeding the allowable limits as specified, shall be deemed a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. Additionally, no provisions of this Chapter shall be construed to impair by common law or statutory cause of action, or legal remedy therefrom, or any person from injury or damage arising from any violation of this Chapter or from other law.

D. Severability. If any provision, clause, sentence, or paragraph of this Chapter, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions, or application of the provisions of this Chapter, which are effective without the invalid provisions or application and, therefore, the provisions of this Chapter are hereby declared to be severable.

('65 Code, § 23-44.3) (Ord. No. 95-004 § 2 (part))

No person shall unnecessarily make, continue, or cause to be made or continued, any noise disturbance. The following actions, and the causing or permitting thereof, are prohibited and are declared to be in violation of this Chapter.

('65 Code, § 23-44.4) (Ord. No. 94-004 § 2 (part))

A. It is prohibited for any person to offer for sale, sell or advertise anything, by shouting or outcry within any area of the City. The provisions of this Section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, or other similar licensed public entertainment events.

B. It is prohibited for any person to operate a horn or bell or similar signaling device on a lunch truck within a residential area.

('65 Code, § 23-44.5) (Ord. No. 95-004 § 2 (part))

Any animal or fowl which emanates sound or outcry in an excessive, continuous, or untimely fashion, shall be considered a public nuisance and is subject to abatement pursuant to Chapter 9.04 of the Culver City Municipal Code.

('65 Code, § 23-44.6) (Ord. No. 95-004 § 2 (part))

Cross-reference:

Unlawful to keep a nuisance animal, see § 9.01.710

A. All construction activity shall be prohibited, except between the hours of:

8:00 a.m. and 8:00 p.m. Mondays through Fridays

9:00 a.m. and 7:00 p.m. Saturdays

10:00 a.m. and 7:00 p.m. Sundays

B. It is prohibited for any person to operate a device, which amplifies music or sound, at a construction site in a manner that results in noise levels that are audible beyond the construction site property line.

C. Construction activity of a specific nature (such as the pouring of concrete), with a limited duration, in non- residential zoning districts (as set forth in Article 2 of Title 17, Zoning, of this Code), on construction sites one (1) acre or greater in size, during the times prohibited by Subsection A. of this Section may be authorized, provided such exception has been determined to be in the public interest and one (1) of the following permits has been issued:

1. A land use permit, processed in accordance with the provisions of Article 5 of Title 17, Zoning, of this Code. The request for extended construction hours shall accompany the land use permit application and include detailed facts showing that the public interest will be served by allowing the extended construction hours. The request shall be considered in conjunction with the project as a whole and shall be subject to conditions of approval as determined to be necessary by the decision making authority.

2. A Temporary Use Permit approved by the City Council, processed in accordance with the provisions of Chapter 17.520. At least fifteen (15) days prior to the anticipated date of decision on the Temporary Use Permit application, notice of the Temporary Use Permit application shall be mailed to all property owners and occupants within a one thousand (1,000) foot radius of the construction site. Applications for a Temporary Use Permit shall set forth detailed facts showing that the public interest will be served by the issuance of such permit.

D. In the case of an emergency, the Building Official may issue a permit for construction activity for periods during which construction activity is prohibited by Subsection A. of this Section. Such permit shall be issued for only the period of the emergency.

E. The City Council shall retain the right to impose more restrictive hours of construction upon any project by adding appropriate conditions to the approval of any Use Permits that are required for the project.

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

G. All minor exterior home improvement construction activities such as, but not limited to roof replacement, and patio construction shall be subject to the provisions of this Chapter.

(‘65 Code, § 23-44.7) (Ord. No. 95-004 § 2 (part); Ord. No. 95-014 § 1; Ord. 2016-011 § 1)

Cross-reference:

Administrative Assessment Cost Recovery Program, see §§ 15.02.900 through 15.02.915

A. It is prohibited for any person to intentionally sound or permit the sounding outdoors of any electronically-amplified signal from any stationary bell, chime, siren, whistle, automobile or vehicle alarm or similar device intended primarily for nonemergency purposes, from any place, for more than fifteen (15) seconds in any hour.

B. It is prohibited for any person to operate or permit the operation of a horn or bell or any other signaling device on a parking lot sweeper except as required by law.

C. Church bells and chimes sounding at a church site or Veteran's Auditorium or other City facility shall be exempt from the provisions of this Section.

('65 Code, § 23-44.9) (Ord. No. 95-004 § 2 (part))

A. It is prohibited for any person to 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 Subsection B. of this Section.

B. The testing of a stationary emergency signaling device shall not occur except between 7:00 a.m. and 7:00 p.m. Any such testing shall only use the minimum cycle test time. In no case shall such test time exceed sixty (60) seconds. The testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month.

C. It is prohibited for any person to sound or permit the sounding of any exterior audible burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is automatically terminated within fifteen (15) minutes after activation. Repetition of the sounding of the alarm within a twenty-four (24) hour period for nonemergency reasons shall constitute a violation.

('65 Code, § 23-44.10) (Ord. No. 95-004 § 2 (part))

A. It is prohibited for any person to operate or permit the operation of any power saw, sander, drill, grinder, lawn or garden tool, or similar tool, or pneumatic or other air-powered tool except between7:30 a.m. and 10:00 p.m. so as to be audible at or beyond the property line where the tool is located.

B. It is prohibited for any person to operate, or permit the operation of any gasoline-powered lawn mower, leaf blowers, or similar equipment within the City except between the hours of 8:00 a.m.and 6:00 p.m. Mondays through Fridays, and between the hours of 10:00 a.m. and 5:00 p.m. on Saturdays and Sundays. Additional restrictions apply to the operation of leaf blowers, as set forth in Section 9.04.015I. of this Code.

(‘65 Code, § 23-44.11) (Ord. No. 95-004 § 2 (part); Ord. No. 2017- 015, § 2)

A. Electronic devices. It is prohibited for any person to permit the transmission of, or cause to be transmitted, any amplified sound on any public street, sidewalk, alley, right-of-way, park, or any other public place or property which sound is audible at fifty (50) feet. This Section shall not apply to any noncommercial public speaking, public assembly, or other activity for which a permit has been issued.

('65 Code, § 23-44.12)

B. On private property. It shall be prohibited for any persons to operate a loud speaker or sound amplifying equipment for the purposes of transmitting messages, giving instructions or providing entertainment which is audible at a distance of fifty (50) feet or beyond the subject's property line without first filing an application and obtaining a permit as set forth in this Chapter.

('65 Code, § 23-44.13)

C. Permits. Every user of sound amplifying equipment on public or private property, except block parties which have obtained a permit from the Chief of Police or activities in public parks which have obtained a permit for use of amplifying equipment from the Parks, Recreation and Community Services Department shall file an application with the City at least ten (10) days prior to the day on which the sound amplifying equipment is to be used.

1. Restrictions. The commercial and noncommercial use of sound amplifying equipment shall be subject to the following restrictions:

a. The only sounds permitted shall be either music or human speech, or both.

b. The operation of sound amplifying equipment shall occur only between the hours of:

8:00 a.m. through 8:00 p.m. Monday through Thursday

8:00 a.m. through 10:00 p.m. Friday,

10:00 a.m. through 10:00 p.m. Saturday,

10:00 a.m. through 8:00 p.m. Sunday and City specified holidays

2. Exempt from these hours of operation are those activities which are authorized by the City of Culver City or the public school districts serving the residents of the City, including the use of the Civic Center facilities, athletic fields and courts, community centers, and the conduct of City approved special events.

(‘65 Code, § 23-44.14) (Ord. No. 95-004 § 2 (part); Ord. No. 2002-005 § 1 (part); Ord. No. 2025-001 § 2 (part))

A. Emergency exemptions. The emission of noise for the purpose of alerting persons to the existence of an emergency or the emission of noises in the performance of emergency work is exempted from the provisions of this Chapter.

B. Warning devices. Warning devices necessary for the protection of public safety, as for example fire, police and ambulance sirens, including the testing of such devices, are exempted from the provisions of this Chapter.

C. Outdoor activities. Permitted activities conducted on public playgrounds and public or private school grounds including but not limited to school athletic and entertainment events are exempted from the provisions of this Chapter.

D. Trash collection activities. All trash collection activities in residential area within the City are exempted from the provisions of this Chapter if after 7:00 a.m.

E. Public utilities. Public utilities operating under the authority of the Public Utilities Commission are exempted from the provisions of this Chapter only when specifically authorized through the City's permit system.

F. Filming activity. Filming activity conducted in accordance with the provisions of Chapter 11.14 is exempt from the provisions of this Chapter.

('65 Code, § 23-44.15) (Ord. No. 95-004 § 2 (part); Ord. No. 2004-018 § 2)

In the event of any conflict between this Chapter and any other provisions of this Code, this Chapter shall prevail.

('65 Code, § 23-46) (Ord. No. CS-653 § 2 (part))