Del Mar Municipal Code Ch. 9.20 Noise Regulations

In order to secure and promote the public health, comfort, safety and welfare, and to protect the rights of its citizens to privacy and freedom from nuisance, it is the purpose of this Chapter to prohibit unnecessary, excessive, and annoying noises at levels which are detrimental to the health and welfare of the community, and to minimize airborne dust and pollen. This Chapter is intended to provide systematic, regulatory controls on noise within the City.

(Ord. No. 452; Ord. No. 535; Ord. No. 686)

Whenever the following words and phrases are used in this Chapter, they shall have the meaning ascribed to them in this Section:

A-Weighted Sound Level means the sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.

Ambient Noise Level means the composite noise from all sources near and far. In this context, the ambient noise level constitutes a normal or existing level of environmental noise at a given location and time.

Average Sound Level means a sound level typical of the sound levels at a certain place during a given period of time, averaged by the general rule of combination for sound levels, said general rule being set forth in the American National Standard Specifications for Sound Level Meters (see S1.4-1983 or the latest revision thereof). Average sound level is also called equivalent continuous sound level (Leq).

Construction Equipment means any tools, machinery, or equipment used in connection with construction operations, including all types of "special construction" equipment as defined in the pertinent sections of the California Vehicle Code when used in the construction process on any construction site, regardless of whether such construction site be located on-highway or off-highway.

Decibel (dB) means a unit measure of sound (noise) level.

Disturbing, Excessive or Offensive Noise means:

A. Any sound or noise which constitutes a nuisance involving discomfort or annoyance to persons of normal sensitivity residing in the area.

B. Any sound or noise conflicting with the criteria or levels set forth in this Chapter.

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 imminent exposure to danger of damage, or work by public or private utilities when restoring utility service.

Motor Vehicles mean any and all self-propelled vehicles as defined in the California Vehicle Code, specifically including, but not limited to, "mini-bikes" and "go-carts".

Noise Control Officer means the Director of Planning and Community Development of the City of Del Mar or his designated representative.

Noise Level means the same as "sound level". The terms may be used interchangeably herein.

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

Sound Level means in decibels, the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network as specified in American National Standards Institute specifications for Sound Level Meters (see ANSI S1.4-1983, or the latest version thereof). If the frequency weighting employed is not indicated, the A-weighting is implied.

Sound Level Meter means an instrument, including a microphone, an amplifier, a readout, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for type S2A meters in the American National Standard Specifications for Sound Level Meters (see S1.4-1983 or the latest revision thereof).

Supplementary Definitions of Technical Terms. Definitions of technical terms not defined herein shall be obtained from American National Standard Acoustical Terminology (see S1.1-1960; R-1976).

A. Any sound or noise level measurement made pursuant to the provisions of this Chapter shall be measured with a sound level meter using the A-weighting and meter response pursuant to applicable manufacturer's instructions.

B. The sound level meter shall be appropriately calibrated and adjusted as necessary by means of an acoustical calibrator of the coupler-type to assure meter accuracy within the tolerances set forth by the American National Standards Institute (see ANSI S1.4-1983 or the latest revision thereof).

C. For outdoor measurements, the microphone shall be not less than four feet above ground, at least four feet distant from walls or other large reflecting surfaces and shall be protected from the effects of wind noises by the use of appropriate wind screens and the location selected shall be at any point on the affected property. In cases when the microphone must be located within ten feet of walls or similar large reflecting surfaces, the actual measured distances and orientation of the sources, microphone and reflecting surfaces shall be noted and recorded. In no case shall a noise measurement be taken within five feet of the noise source.

D. For indoor measurements, the microphone shall be at least three feet distant from any wall, ceiling or partition, and the average measurement of at least three microphone positions throughout the room shall be determined.

A. Unless otherwise specified, it shall be unlawful for any person(s) to cause noise by any means to the extent that the one-hour average sound level exceeds the applicable limit given in the following table at any location in the City of Del Mar beyond the premises on which the noise is produced, as measured pursuant to the provisions of this Chapter. The noise subject to these limits is that part of the total noise at the specified location that is due solely to the action of said person(s).

TABLE OF APPLICABLE LIMITS

B. The noise limits specified in Subsection A. above shall be adjusted as follows to account for the effects of time and duration on the impact of noise levels:

1. Noise that is produced for no more than a cumulative period of 30 minutes in any hour may exceed the noise limit by three decibels.

2. Noise that is produced for no more than a cumulative period of 15 minutes in any hour may exceed the noise limit by six decibels.

3. Noise that is produced for no more than a cumulative period of ten minutes in any hour may exceed the noise limit by eight decibels.

4. Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the noise limit by 11 decibels.

5. Noise that is produced for no more than a cumulative period of two minutes in any hour may exceed the noise limit by 15 decibels.

C. For purposes of this chapter, the peak decibel reading for a noise with a fluctuating noise level (such as live or recorded music) shall be considered as the noise level for the entire cumulative period of noise. Likewise, the time between repetitive intermittent noises (such as banging, pounding, or hammering) shall be included in the cumulative of the noise.

D. If the measured ambient level exceeds the applicable limit noted above, the allowable one-hour average sound level shall be the ambient noise level.

E. The sound level limit at a location on a boundary between two zoning districts is the arithmetic mean of the respective limits of the two districts.

F. Fixed-location public utility distribution or transmission facilities located on or adjacent to a property line shall be subject to the noise level limits of this Chapter, measured at or beyond six feet from the boundary of the easement upon which the equipment is located.

Any person who operates powered construction or landscape equipment and/or who erects, constructs, demolishes, excavates for, alters or repairs any building or structure within the City of Del Mar in such a manner as to cause noise to be received beyond the boundaries of the property on which the construction work is occurring shall comply with the following:

A. No construction work shall be performed on Sundays or City holidays.

B. No construction work shall be performed before 9:00 a.m. or after 7:00 p.m. on Saturday.

C. No construction work shall be performed before 7:00 a.m. or after 7:00 p.m. on Monday through Friday.

D. Construction activity shall not cause an hourly average sound level greater than 75 decibels on property zoned or used for residential purposes.

E. Exception: A person may perform construction work on the person's own property, provided such construction activity is not carried on for profit or livelihood, between the hours of 10:00 a.m. and 5:00 p.m. on Sundays and City holidays.

A. On- and Off-Highway. Violations for exceeding applicable noise level limits as to persons operating motor vehicles on- or off-public streets or highways in the City of Del Mar shall be prosecuted under applicable California Vehicle Code provisions.

B. Repairs of Motor Vehicles. It shall be unlawful for any person within the City of Del Mar to repair, rebuild, or test any motor vehicle in such a manner as to cause disturbing, excessive, or offensive noises as defined in this Chapter.

C. Engines and Motor Vehicles. Any disturbing or raucous noises caused off-streets or highways by racing or accelerating the engine of any motor vehicle while moving or not moving, by the willful backfiring of any engine and exhaust from the engine tailpipe or muffler, or from the screeching of tires, is prohibited.

D. Emergency Vehicles. Nothing in this Section shall apply to authorized emergency vehicles when being used in emergency situations.

It shall be unlawful for any person to operate aircraft or aircraft engines within or above the City of Del Mar in violation with the provisions of this Chapter.

Violations for excessive noise of watercraft operating in waters under the jurisdiction of the City of Del Mar shall be prosecuted under the applicable provisions of the California Harbors and Navigation Code.

A. It shall be unlawful for any person to make, continue or cause to be made or continued, within the limits of the City of Del Mar, any disturbing, excessive or offensive noise which causes discomfort or annoyance to any reasonable persons of normal sensitivity residing in the area.

B. In the absence of objective measurement by use of a sound level meter, the characteristics and conditions which shall be considered in determining whether a violation of the provisions of this Section exists shall include any or all of the following:

1. The level of the noise;

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

3. Whether the origin of the noise is natural or unnatural;

4. The level of the ambient noise;

5. The proximity of the noise to sleeping facilities;

6. The nature and zoning of the area from which the noise emanates and the area where it is received;

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

8. The duration of the noise; or

9. Whether the noise is recurrent, intermittent or constant.

C. Identified Excessive Noises. The following activities, among others, are declared to cause disturbing, excessive, or offensive noises in violation of this Section but said enumeration shall not be deemed to be exclusive, namely:

1. Horns, Signaling Devices, etc. Unnecessary use or operation of horns, signaling devices, etc., on automobiles, motorcycles, or any other vehicle.

2. Radios, Television Sets, Phonographs, Loud Speaking Amplifiers and Similar Devices.

a. Uses restricted. The use, operation or permitting to be played, used, or operated, any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loud speakers and sound amplifiers or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of any reasonable person of normal sensitivity in any residential or public area is prohibited. This provision shall not apply to any participant in a duly licensed parade, or to any person who has been otherwise duly authorized by the City of Del Mar to engage in such conduct.

b. Prima Facie Violations. The operation of any such set, instrument, phonograph, television set, machine, loud speakers or similar device between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located, shall be prima facie evidence of a violation of this Section.

3. Animals.

a. The keeping or maintenance, or the permitting to be kept or maintained upon any premises owned, occupied, or controlled by any person of any animal or animals which by any frequent or long continued noise, shall cause annoyance or discomfort to reasonable persons of normal sensitivity in the vicinity.

b. The written affirmation by two persons having separate residences that violation of this Section disturbs the peace and quiet of said persons shall be prima facie evidence of a violation of this Section.

4. Playing of Radios on Buses or Trolleys. The operation of any radio, phonograph, or tape player on an urban transit bus or trolley so as to emit noise that is audible to any other person in the vehicle is prohibited.

5. Playing of Radios, Phonographs, and Other Sound Production or Reproduction Devices in Public Parks and Beach Areas and Public Parking Lots and Streets Adjacent Thereto. The operation of any radio, phonograph, television set, or any other sound production or reproduction device in any public park or on any public beach or any public parking lot or street adjacent to such park or beach, without the prior written approval of the City Manager, in such a manner that such radio, phonograph, television set or sound production or reproduction device emits a sound level exceeding those found in the following table at any point ten feet or more from the noise source is prohibited:

TABLE OF APPLICABLE LIMITS

6. Portable Engine Motor-powered Leaf Blowers. It shall be unlawful for any person to use or operate within the City, any portable machine, powered with a gasoline engine or electric motor, to blow leaves, dirt and other debris off sidewalks, driveways, lawns, and other surfaces.

7. Yelling, Shouting, etc. Disturbing or raucous singing, yelling, shouting, hooting, or whistling on public streets at any time or place so as to annoy or disturb the quiet, comfort, or repose of neighboring residents or persons of normal sensitivity within the area for whatever reason is prohibited. The occurrence of such conduct between the hours of 9:00 p.m. and 8:00 a.m. shall be prima facie evidence of a violation of this Section.

(Ord. No. 535)

A. Emergency work. The provisions of the chapter shall not apply to any emergency work as defined herein, provided that:

1. The Noise Control Officer has been notified in advance, if possible, or as soon as practical after said emergency, and

2. Any vehicle, device, apparatus, or equipment used, related to, or connected with emergency work is designed, modified, or equipped to reduce sounds produced to the lowest possible level consistent with effective operation of such vehicle, device, apparatus, or equipment.

B. Government Preempted Activities. The provisions of this chapter shall not apply to any activity to the extent regulation thereof has been preempted by Federal, State, or Local law.

A. Any person(s) violating any of the provisions of this Chapter shall be subject to enforcement and penalties prescribed within the Del Mar Municipal Code.