Chapter 8.52 — NOISE REGULATION

Sound emanating from the following sources is exempt from the provisions of this chapter:

(1)

Facilities owned or operated by or for a governmental agency, except to the extent that the noise is emanating from a nongovernmental use of the facility, including but not limited to events noise generated by events held by third parties renting the facility;

(2)

Capital improvement projects of a governmental agency;

(3)

The maintenance or repair of public properties;

(4)

Public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobile;

(5)

Public or private schools and school-sponsored activities;

(6)

Agricultural operations on land designated agriculture in the city general plan, or land zoned A-l (light agriculture), A-P (light agriculture with poultry), A-2 (heavy agriculture), A-D (agriculture-dairy) or C/V (citrus/vineyard), provided such operations are carried out in a manner consistent with accepted industry standards. This exemption includes, without limitation, sound emanating from all equipment used during such operations, whether stationary or mobile;

(7)

Wind energy conversion systems (WECS), provided such systems comply with the WECS noise provisions of county Ordinance No. 348;

(8)

Private construction projects located one-quarter of a mile or more from an inhabited dwelling;

(9)

Private construction projects located within one-quarter of a mile from an inhabited dwelling, provided that construction does not occur between the hours of:

a.

6:00 p.m. and 6:00 a.m. during the months of June through September; and

b.

6:00 p.m. and 7:00 a.m. during the months of October through May;

(10)

Property maintenance, including, but not limited to, the operation of lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours of 7:00 a.m. and 8:00 p.m.;

(11)

Motor vehicles, other than off-highway vehicles. This exemption does not include sound emanating from motor vehicle sound systems;

(12)

Heating and air conditioning equipment;

(13)

Safety, warning and alarm devices, including, but not limited to, house and car alarms, and other warning devices that are designed to protect the public health, safety and welfare;

(14)

The discharge of firearms consistent with all state laws.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-28, § 2, 1-10-2024)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Audio equipment means a television, stereo, radio, tape player, compact disc player, mp3 player, I-POD or other similar device.

Decibel (dB) means a unit for measuring the relative amplitude of a sound equal approximately to the smallest difference normally detectable by the human ear, the range of which includes approximately 130 decibels on a scale beginning with zero decibels for the faintest detectable sound. Decibels are measured with a sound level meter using different methodologies defined as follows:

(1)

The term, "A-weighting (dBA)" means the standard A-weighted frequency response of a sound level meter, which de-emphasizes low and high frequencies of sound in a manner similar to the human ear for moderate sounds.

(2)

The term "maximum sound level (Lmax)" means the maximum sound level measured on a sound level meter.

Governmental agency means the United States, the state, the county, any city within the county, any special district within the county or any combination of these agencies.

Land use permit means a discretionary permit issued by the city pursuant to title 120 (planning and zoning) of this Code.

Motor vehicle means a vehicle that is self-propelled.

Motor vehicle sound system means a stereo, radio, tape player, compact disc player, mp3 player, I-POD or other similar device in a motor vehicle.

Noise means any loud, discordant or disagreeable sound.

Occupied property means property upon which is located a residence, business or industrial or manufacturing use.

Off-highway vehicle means a motor vehicle designed to travel over any terrain.

Public or private school means an institution conducting academic instruction at the preschool, elementary school, junior high school, high school or college level.

Public property means property owned by a governmental agency or held open to the public, including, but not limited to, parks, streets, sidewalks, and alleys.

Sensitive receptor means a land use that is identified as sensitive to noise in the noise element of the city general plan, including, but not limited to, residences, schools, hospitals, churches, rest homes, cemeteries or public libraries.

Sound-amplifying equipment means a loudspeaker, microphone, megaphone or other similar device.

Sound level meter means an instrument meeting the standards of the American National Standards Institute for type 1 or type 2 sound level meters or an instrument that provides equivalent data.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

No person shall create any sound, or allow the creation of any sound, on any property that causes the exterior sound level on any other occupied property to exceed the sound level standards set forth in the following table:

TABLE 1. SOUND LEVEL STANDARDS (dB Lmax)

General Plan Foundation Component Maximum Decibel Level Land Use Designation General Plan Land Use Designation Name Density 7:00 a.m.— 10:00 p.m. 10:00 p.m. — 7:00 a.m.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sound level measurements may be made anywhere within the boundaries of an occupied property. The actual location of a sound level measurement shall be at the discretion of the enforcement officials identified in section 8.52.080. Sound level measurements shall be made with a sound level meter. Immediately before a measurement is made, the sound level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of the American National Standards Institute. Following a sound level measurement, the calibration of the sound level meter shall be reverified. Sound level meters and calibration equipment shall be certified annually.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The general sound level standards set forth in section 8.52.040 apply to sound emanating from all sources, including the special sound sources set forth in this section, and the person creating, or allowing the

creation of, the sound is subject to the requirements of that section. The following special sound sources are also subject to the following additional standards, the failure to comply with which constitutes separate violations of this chapter:

(1)

Motor vehicles.

a.

Off-highway vehicles.

No person shall operate an off-highway vehicle unless it is equipped with a USDA-qualified spark arrester and a constantly operating and properly maintained muffler. A muffler is not considered constantly operating and properly maintained if it is equipped with a cutout, bypass or similar device.

No person shall operate an off-highway vehicle unless the noise emitted by the vehicle is not more than 96 dBA if the vehicle was manufactured on or after January 1, 1986, or is not more than 101 dBA if the vehicle was manufactured before January 1, 1986. For purposes of this subsection, emitted noise shall be measured a distance of 20 inches from the vehicle tailpipe using test procedures established by the Society of Automotive Engineers under Standard J-1287.

b.

Sound systems. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, between the hours of 10:00 p.m. and 8:00 a.m., such that the sound system is audible to the human ear inside any inhabited dwelling. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, at any other time such that the sound system is audible to the human ear at a distance greater than 100 feet from the vehicle.

(2)

Power tools and equipment. No person shall operate any power tools or equipment between the hours of 10:00 p.m. and 8:00 a.m. such that the power tools or equipment are audible to the human ear inside an inhabited dwelling other than a dwelling in which the power tools or equipment may be located. No person shall operate any power tools or equipment at any other time such that the power tools or equipment are audible to the human ear at a distance greater than 100 feet from the power tools or equipment.

(3)

Audio equipment. No person shall operate any audio equipment, whether portable or not, between the hours of 10:00 p.m. and 8:00 a.m. such that the equipment is audible to the human ear inside an inhabited dwelling other than a dwelling in which the equipment may be located. No person shall operate any audio equipment, whether portable or not, at any other time such that the equipment is audible to the human ear at a distance greater than 100 feet from the equipment.

(4)

Sound-amplifying equipment and live music. No person shall install, use or operate sound-amplifying equipment, or perform, or allow to be performed, live music unless such activities comply with the following requirements. To the extent that these requirements conflict with any conditions of approval attached to an underlying land use permit, these requirements shall control:

a.

Sound-amplifying equipment or live music is prohibited between the hours of 10:00 p.m. and 8:00 a.m.

b.

Sound emanating from sound-amplifying equipment or live music at any other time shall not be audible to the human ear at a distance greater than 200 feet from the equipment or music.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Exceptions may be requested from the standards set forth in section 8.52.040 or 8.52.060 and may be characterized as construction-related, single-event or continuous event exceptions.

(1)

Application and processing.

a.

Construction-related exceptions. An application for a construction-related exception shall be made to and considered by the city on forms provided by the city and shall be accompanied by the appropriate filing fee. No public hearing is required.

b.

Single-event exceptions. An application for a single-event exception shall be made to and considered by the city on forms provided by the planning department and shall be accompanied by the appropriate filing fee. No public hearing is required.

c.

Continuous-event exceptions. An application for a continuous-event exception shall be made to the city on forms provided by the planning department and shall be accompanied by the appropriate filing fee. Upon receipt of an application for a continuous-event exception, the city shall set the matter for public hearing before the planning commission, notice of which shall be given as provided in the Eastvale Municipal Code. Notwithstanding the exceptions set forth in this section, an application for a continuous-event exception that is associated with an application for a land use permit shall be processed concurrently with the land use permit in the same manner that the land use permit is required to be processed.

(2)

Requirements for approval. The appropriate decision making body or officer shall not approve an exception application unless the applicant demonstrates that the activities described in the application would not be detrimental to the health, safety or general welfare of the community. In determining whether activities are detrimental to the health, safety or general welfare of the community, the appropriate decision-making body or officer shall consider such factors as the proposed duration of the activities and their location in relation to sensitive receptors. If an exception application is approved, reasonable conditions may be imposed to minimize the public detriment, including, but not limited to, restrictions on sound level, sound duration and operating hours.

(3)

Appeals. The city's decision on an application for a construction-related exception is considered final. The city's decision on an application for a single-event exception is considered final. After making a decision on an application for a continuous-event exception, the appropriate decision-making body or officer shall mail notice of the decision to the applicant. Within ten calendar days after the mailing of such notice, the applicant or an interested person may appeal the decision to the city council. Upon receipt of an appeal and payment of the appropriate appeal fee, the city clerk shall set the matter for hearing not less than five days nor more than 30 days thereafter and shall give written notice of the hearing in the same manner as notice of the hearing was given by the appropriate hearing officer or body. The city council shall render its decision within 30 days after the appeal hearing is closed.

(4)

Effect of a pending continuous-event exception application. For a period of 180 days from the effective date of the ordinance from which this chapter is derived, no person creating any sound prohibited by this chapter shall be considered in violation of this chapter if the sound is related to a use that is operating pursuant to an approved land use permit, if an application for a continuous-event exception has been filed to sanction the sound and if a decision on the application is pending.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The chief of police and community development director shall have the primary responsibility for enforcing this chapter; provided, however, the chief of police and community development director may be assisted by the public health department. Violations shall be prosecuted as described in section 8.52.100, but nothing in this chapter shall prevent the chief of police, community development director or the department of public health from engaging in efforts to obtain voluntary compliance by means of warnings, notices or educational programs.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

No person shall refuse to cooperate with, or obstruct, the enforcement officials identified in section 8.52.080 when they are engaged in the process of enforcing the provisions of this chapter. This duty to cooperate may require a person to extinguish a sound source so that it can be determined whether sound emanating from the source violates the provisions of this chapter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Any person who violates any provision of this chapter once or twice within a 180-day period shall be guilty of an infraction. Any person who violates any provision of this chapter more than twice within a 180-day period shall be guilty of a misdemeanor. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Penalties shall not exceed the following amounts:

(1)

For the first violation within a 180-day period, the minimum mandatory fine shall be $500.00.

(2)

For the second violation within a 180-day period, the minimum mandatory fine shall be $750.00.

(3)

For any further violations within a 180-day period, the minimum mandatory fine shall be $1,000.00 or imprisonment in the county jail for a period not exceeding six months, or both.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)