Delano Municipal Code Ch. 9.36 Noise

The council finds and determines that:

A. Certain sound levels and vibrations are detrimental to the public health, welfare, safety and quality of life, and are contrary to the public interest;

B. Every person is entitled to an environment in which the noise is not detrimental to his or her life, quality of life, health or enjoyment of property;

C. The making and creating of disturbing, excessive or offensive noises within the jurisdictional limits, particularly within noise sensitive areas, of the city is a condition that has persisted, and the level and frequency of occurrences of such noises continues to increase.

D. The public health, comfort, convenience, safety, welfare, prosperity, peace and quiet of the city and its inhabitants will be promoted by maintaining quiet in those areas which exhibit low sound levels and by reducing noise in those areas within the city where sound levels are above acceptable values.

(Ord. 837 §2 (part), 1986).

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

A. "Ambient base noise level" means reasonable and representative ambient noise levels in various land use categories in the city and at various times as established by the city's community noise study, prepared by Brown-Buntin Associates in September, 1981.

B. "Ambient noise level" means the all-encompassing noise associated with a given environment, usually being a composite of sounds with many 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.

C. "Commercial purpose" means and includes the use, operation or maintenance of any sound amplifying equipment for the purpose of advertising any business, or any goods, or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition or event, or for the purpose of demonstrating any such sound equipment.

D. "Decibel (dB)" means a unit of level 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 ten times the logarithm to the base ten of this ratio.

E. "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.

F. "Motor vehicles" includes, but is not limited to, off-road vehicles, mini-bikes and go-carts.

G. "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 twenty micro-newtons per square meter. The unit of measure is the dB (A).

H. "Noncommercial purpose" means the use, operation or maintenance of any sound amplifying equipment for other than a commercial purpose. Noncommercial purpose means and includes, but shall not be limited to, philanthropic, political, patriotic and charitable purposes.

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

J. "Sound amplifying equipment" means any machine or device for the amplification of the human voice, music or any other sound. Sound amplifying equipment shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. Sound amplifying equipment, as used in this chapter, shall not include small hand radios, burglar alarms installed for commercial or residential use, warning devices on authorized emergency vehicles, or horns or other warning devices on any vehicle used only for traffic safety purposes.

K. "Sound level meter" means an instrument meeting American National Standard Institute's Standard S1.4-1971 for type 1 or type 2 second level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

L. "Sound pressure level" in decibels, of a sound means twenty times the logarithm to the base ten of the ratio of the pressure of this sound to the reference pressure, which reference pressure shall be explicitly stated.

M. "Sound truck" means any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment.

(Ord. 837 §2 (part), 1986).

Enforcement of the provisions of this chapter shall be based on a noise level measurement to establish the noise level. The measurement shall be taken in accordance with the city's administrative instruction concerning noise level measurement procedure.

(Ord. 837 §2 (part), 1986).

A. Where the ambient base noise level is less than designated in this section, the ambient noise level in this section shall govern.

B. Any noise at a level which exceeds the ambient or the ambient base level as set forth in this section, whichever is greater, by more than five dB when measured at the adjacent property line shall constitute sufficient proof of a violation.

(Ord. 837 §2 (part), 1986).

It is unlawful for any person to wilfully make or continue, or cause to be made or continued any noise at a level which exceeds by more than five dB the ambient or the ambient base level as set forth in Section 9.36.040, whichever is greater, when measured at the adjacent property line of any property within the city.

(Ord. 837 §2 (part), 1986).

It is unlawful for any person within any residential zone of the city to use or operate any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound in a manner which would constitute a violation of Section 9.36.050. The provisions of this section shall not apply to burglar alarms or similar devices installed for commercial or residential use.

(Ord. 837 §2 (part), 1986).

A. Use Restricted. It is unlawful for any person to use any drum or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the city. This section shall not apply to any person who is a participant in a school band or duly authorized parade or who has been otherwise duly authorized to engage in such conduct.

(Ord. 837 §2 (part), 1986).

It is unlawful for any person to create any noise on any street, sidewalk or public place adjacent to any school, institution of learning or church while the same is in use or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution or which would constitute a violation of Section 9.36.050, provided conspicuous signs are displayed in such streets, sidewalk or public place indicating the presence of a school, church or hospital.

(Ord. 837 §2 (part), 1986).

No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied or controlled by such person any animal or fowl otherwise permitted to be kept which, by any sound, cry or behavior, shall cause noise in any residential neighborhood which would constitute a violation of Section 9.36.050.

(Ord. 837 §2 (part), 1986).

It is unlawful for any person to operate any machinery, equipment, pump, fan, air-conditioning apparatus or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient noise level or the ambient base level as set forth in Section 9.36.040, whichever is greater, by more than five decibels.

Provided, however, this section shall not prevent the reasonable operation of normal household gardening equipment or hobby shop equipment.

(Ord. 837 §2 (part), 1986).

It is unlawful for any person within a residential zone, or within a radius of three hundred feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures or projects or to operate any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other construction type device in such a manner that noise is produced which would constitute a violation of Section 9.36.040, unless beforehand a permit therefor has been duly obtained from the building division. No permit shall be required to perform emergency work as defined in Article I of this chapter.

(Ord. 837 §2 (part), 1986).

It is unlawful for any person within any residential area of the city to repair, rebuild or test any motor vehicle thereby producing noise which would constitute a violation of Section 9.36.050.

(Ord. 837 §2 (part), 1986).

It is unlawful for any person to operate any motor-driven vehicle within the city in such a manner producing noise which would constitute a violation of Section 9.36.050.

(Ord. 837 §2 (part), 1986).

The council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety and welfare of its citizenry. While recognizing that the use of sound amplifying equipment for certain purposes is protected by the constitutional rights of freedom of speech and assembly, the council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise.

(Ord. 837 §2 (part), 1986).

It is unlawful for any person to install, use or operate within the city for commercial purposes a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck.

(Ord. 837 §2 (part), 1986).

It is unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use or operate within the city for noncommercial purposes a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place or public property without first filing a registration statement and obtaining approval thereof as set forth in this article.

(Ord. 837 §2 (part), 1986).

A. Registration Statements—Filing. Every user of sound amplifying equipment for noncommercial purposes shall file a registration statement with the chief of police ten days prior to date on which the sound amplifying equipment is intended to be used, which statement shall contain the following information:

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

2. The maximum sound producing power of the sound amplifying equipment which shall include the wattage to be used, the volume in decibels of sound which will be produced, and the approximate distance for which sound will be audible from the sound amplifying equipment;

3. The license and motor number if a sound truck is to be used;

4. A general description of the sound amplifying equipment which is to be used; and

5. The nature of the use of the sound amplifying equipment proposed to be used for noncommercial purposes.

B. Registration Statement—Approval. The chief of police shall return to the applicant an approved certified copy of the registration statement unless he finds that:

1. The conditions of the motor vehicle movement are such that in the opinion of the chief of police, use of the equipment would constitute a detriment to traffic safety; or

2. The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or

3. The registration statement required reveals that the applicant would violate the provisions set forth in any provisions of this Code.

C. Disapproval. In the event the registration statement is disapproved, the chief of police shall endorse upon the statement his reasons for disapproval and return it forthwith to applicant.

(Ord. 837 §2 (part), 1986).

Any person aggrieved by disapproval of a registration statement may file an appeal with the city council.

(Ord. 837 §2 (part), 1986).

The noncommercial use of sound amplifying equipment shall be subject to the following regulations:

A. The only sound permitted shall be either music or human speech, or both.

B. The operation of sound amplifying equipment shall only occur between the hours of eight a.m. and six p.m. each day except on Saturdays, Sundays and legal holidays. The operation of sound amplifying equipment on Saturdays, Sundays and legal holidays shall occur between the hours of ten a.m. and ten p.m.

C. No sound emanating from sound amplifying equipment shall exceed fifteen dB above the ambient as measured at any property line.

D. Notwithstanding the provisions of subsection C of this section, sound amplifying equipment shall not be operated within two hundred feet or churches, schools or hospitals or buildings.

E. In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing or a nuisance to reasonable persons of normal sensitiveness within the area of audibility.

(Ord. 837 §2 (part), 1986).

Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to wilfully make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood.

(Ord. 837 §2 (part), 1986).

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

A. The loudness of the noise;

B. The intensity of the noise;

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

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

E. The loudness and intensity of the background noise, if any;

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

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

H. The density of the inhabitation of the area within which the noise emanates;

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

J. The duration of the noise;

K. Whether the noise is recurrent, intermittent, or continuous; and

L. Whether the noise is produced by a commercial, industrial or residential activity.

(Ord. 837 §2 (part), 1986).

The provisions of the ordinance codified in this chapter shall not apply to:

A. Sound produced by motor vehicles as required by sound limitation provisions of the California Vehicle Code when such vehicle is located or operated on any public street, right-of-way or highway;

B. Aircraft operated in conformity with federal law;

C. Activities of the federal, state or local government;

D. Railroad transportation activities.

(Ord. 837 § 2(part), 1986).