Dana Point Municipal Code Ch. 11.10 Noise Control

In order to control unnecessary, excessive and annoying sounds in residential areas within the City, it is hereby declared to be the policy of the City to prohibit such sounds generated from all sources as specified in this Chapter.

It is determined that certain sound levels are detrimental to the public health, welfare and safety, and contrary to public interest.

(Added by Ord. 92-11, 11/24/92; amended by Ord. 24-07, 7/2/2024)

The following words, phrases and terms as used in this chapter shall have the meaning as indicated below:

"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.

"Cumulative period"

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

"Decibel (dB)"

means 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 10 times the logarithm to the base 10 of this ratio.

"Dwelling unit"

means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

"Emergency machinery, vehicle or work"

means any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when resorting utility service.

"Fixed noise source"

means a stationary device which creates sounds while fixed or motionless, including, but not limited to, industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.

"Grading"

means any excavating or filling of earth, material, or any combination thereof, conducted at a site to prepare said site for construction or other improvements thereon.

"Impact noise"

means the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest.

"Mobile noise source"

means any noise source other than a fixed noise source.

"Noise level"

means the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 microNewtons per square meter. The unit of measure shall be designated as dB(A).

"Person"

means a person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature.

"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. Where residential uses occur within mixed-use developments, only that portion of the property used for residential purposes shall be considered residential property.

"Simple tone noise"

means a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished.

"Sound level meter"

means an instrument meeting American National Standard Institute's Standard S.4-1971 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"

of a sound, in decibels, means 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

(Added by Ord. 92-11, 11/24/92; amended by Ord. 24-07, 7/2/2024)

Any noise level measurements made pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined in Section 11.10.004.

(Added by Ord. 92-11, 11/24/92; amended by Ord. 24-07, 7/2/2024)

(a) The following noise standards, unless otherwise specifically indicated, shall apply to any sound or noise which is received on residential property occupied by another person. The Land Use category refers to the affected receiver property:

In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five dB(A).

(b) It is unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any residential property, to exceed:

(1) The noise standard for a cumulative period of more than 30 minutes in any hour; or

(2) The noise standard plus five dB(A) for a cumulative period of more than 15 minutes in any hour; or

(3) The noise standard plus 10 dB(A) for a cumulative period of more than five minutes in any hour; or

(4) The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or

(5) The noise standard plus 20 dB(A) for any period of time.

(c) In the event the ambient noise level exceeds any of the first four noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level.

(d) The location selected for measuring exterior noise levels in a residential area shall be at any part of the private yard, patio, deck or balcony normally used for human activity and identified by the occupant of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such as trash container storage areas, planter beds, above or contacted a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony.

(Added by Ord. 92-11, 11/24/92; amended by Ord. 24-07, 7/2/2024)

(a) The following interior noise standards, unless otherwise specifically indicated, shall apply to any sound or noise which is received on residential property occupied by another person:

In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five dB(A).

(b) It is unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured within any dwelling unit on any residential property, to exceed:

(1) The interior noise standard for a cumulative period of more than five minutes in any hour; or

(2) The interior noise standard plus five dB(A) for a cumulative period of more than one minute in any hour; or

(3) The interior noise standard plus 10 dB(A) for any period of time.

(c) In the event the ambient noise level exceeds either of the first two noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the third noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level.

(d) The location selected for measuring interior noise levels shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling, or floor, or within the frame of a window opening, nearest the noise source. The measurements shall be made with windows in an open position.

(Added by Ord. 92-11, 11/24/92; amended by Ord. 24-07, 7/2/2024)

The following activities shall be exempted from the provisions of this Chapter:

(a) Activities conducted on the grounds of any public or private nursery, elementary, intermediate or secondary school or college;

(b) Outdoor gatherings, public dances and shows; provided said events are conducted pursuant to a license or permit duly issued by the City;

(c) Activities conducted on any park or playground, provided such park or playground is owned and operated by a public entity;

(d) Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work;

(e) Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of eight p.m. and seven a.m. on weekdays, including Saturday, or at any time on Sunday or a Federal holiday, with the exception of work otherwise authorized by the City with an approved permit, if needed;

(f) All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions;

(g) Mobile noise sources associated with agricultural operations, provided such operations do not take place between the hours of eight p.m. and seven a.m. on weekdays, including Saturday, or at any time on Sunday or a Federal holiday;

(h) Mobile noise sources associated with agricultural pest control through pesticide application; provided, that the application is made in accordance with restricted material permits issued by or regulations enforced by the Agricultural Commissioner;

(i) Noise sources associated with the maintenance of real property, provided said activities take place between seven a.m. and eight p.m. on any day except Sunday or a Federal holiday, or between the hours of nine a.m. and eight p.m. on Sunday or a Federal holiday;

(j) Any activity to the extent regulation thereof has been preempted by State or Federal law;

(k) Noise sources associated with the construction, street repairs, utility work, striping work, signal work, maintenance work including, but not limited to, landscape and tree maintenance, and any other noise generating activity related to construction or maintenance on arterial highways citywide, at any time.

(Added by Ord. 92-11, 11/24/92; amended by Ord. 06-06, 8/23/06; amended by Ord. 24-07, 7/2/2024)

It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the same is in use to exceed the noise limits as specified in Section 11.10.010 prescribed for the assigned noise zone in which the school, hospital or church is located, or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital, provided conspicuous signs are displayed in three separate locations within 1/10 of a mile of the institution indicating the presence of a school, church or hospital.

(Added by Ord. 92-11, 11/24/92; amended by Ord. 24-07, 7/2/2024)

It shall be unlawful for any person to willfully or negligently 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 any discomfort or annoyance to any reasonable person of normal sensitiveness in the area; and, any such conduct is declared to be a public nuisance without regard to the application of any other provision of this Chapter.

The factors which shall be considered in determining whether a violation of the provisions of this Section exists shall include, but not be limited to, the following:

(a) The sound level of the objectionable noise.

(b) The sound level of the ambient noise.

(c) The proximity of the noise to noise-sensitive land uses, such as hospitals, schools, recovery facilities, or any premises that regularly accommodates a person or persons who may be sleeping;

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

(e) The number of persons affected by the noise source.

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

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

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

(i) Whether the noise can be heard from a distance of 20 feet or more from the noise source, or from any other distance determined to be unreasonable in light of the specific circumstances.

Where a noise source is operated in compliance with a permit or exemption as described in this Chapter, it shall be considered to comply with the provisions of this Section, provided said use is in compliance with any and all conditions imposed by the relevant permit or exemption.

(Ord. 24-07, 7/2/2024)

Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor in accordance with Section 1.01.200 of the Municipal Code. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. In addition, a violation of this Chapter is hereby declared to constitute a public nuisance, in accordance with Municipal Code Section 1.01.240. The provisions of this Chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law.

(Added by Ord. 92-11, 11/24/92; amended by Ord. 24-07, 7/2/2024)