El Segundo Municipal Code Ch. 2 Noise and Vibration

It is hereby declared to be the policy of the City to prohibit unnecessary, excessive and annoying noises and vibrations from all sources subject to its police power. Therefore, the City Council does ordain and declare that creating, maintaining, causing or allowing to be created, caused or maintained, any noise or vibration in a manner prohibited by or not in conformity with the provisions of this chapter, is a public nuisance as well as an infraction and shall be punishable as such. (Ord. 1242, 1-16-1996)

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

"A" WEIGHTED SOUND LEVEL (dBA): The total sound level in decibels of all sound as measured with a sound level meter with a reference pressure of twenty (20) micro-pascals using the "A" weighted network scale at slow response. The unit of measurement shall be defined as dBA.

AMBIENT NOISE LEVEL: The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources at the location and approximate time at which a comparison with an intrusive noise is to be made.

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

DECIBEL (dB): A unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micro-pascals.

EMERGENCY MACHINERY, VEHICLE, WORK OR ALARM: Any machinery, vehicle, work or alarm used, employed, performed or operated 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 restoring utility service.

FIXED NOISE SOURCE: A stationary device which creates sounds while fixed or motionless including, but not limited to, residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment.

IMPULSIVE NOISE: A noise of short duration usually less than one second and of high intensity, with an abrupt onset and end.

INTRUSIVE NOISE LEVEL: The total sound level, in decibels (dBA), created, caused, maintained or originating from an alleged offensive source measured at a specific location while the alleged offensive source is in operation.

NOISE: Any sound which annoys or disturbs humans of normal sensitivity or which causes or tends to cause an adverse psychological or physiological effect on humans of normal sensitivity.

NOISE CONTROL OFFICER: The Director of Community Development.

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

SOUND AMPLIFICATION EQUIPMENT: Any device which produces, reproduces, or amplifies sound.

SOUND LEVEL METER: An instrument meeting American National Standard Institute's Standard S1-4-1971 or most recent revision thereof for type 1 or type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

VIBRATION: Mechanical motion of the earth or ground, building, or other type of structure induced by the operation of any mechanical device or equipment. (Ord. 1242, 1-16-1996; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022; Ord. 1648, 6-21-2023)

Any sound level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using the "A" weighted scale at slow response for continuous sound levels or at fast response for impulsive sounds. (Ord. 1242, 1-16-1996)

No person shall, at any location within the City, create any noise, nor shall any person allow the creation of any noise within the person's control on public or private property (hereinafter "noise source"), which causes the noise level when measured on any other property (hereinafter "receptor property"), to exceed the applicable noise standard, except as set forth in subsection C1 of this section.

A. Residential Property: Five (5) dBA above the ambient noise level.

B. Commercial And Industrial Property: Eight (8) dBA above the ambient noise level.

C. Adjustments:

1. Increases to the noise standards as set forth in subsections A and B of this Section may be permitted in accordance with the following:

NOISE STANDARDS ADJUSTMENTS

Permitted Duration of Increase Increase

(dBA) (minutes)*

• 0 30

• 5 15

• 10 5

• 15 1

• 20 l ess than 1

* Cumulative minutes during any one hour.

2. If the receptor property is located on a boundary between two (2) different noise zones, the lower noise level standard applicable to the quieter zone shall apply. (Ord. 1242, 1-16-1996)

The location selected for measuring exterior noise levels shall be at any point on the receptor property, and at least four feet (4') above the ground and five feet (5') from the nearest structure or wall. Interior noise measurements shall be made within the receptor residential unit. The measurements shall be made at a point at least four feet (4') from the wall, ceiling or floor nearest the noise source with windows and doors in a closed position. (Ord. 1242, 1-16-1996)

Consistent with other provisions of this Chapter, and in addition thereto, it shall be unlawful for any person to wilfully make, produce, suffer or allow to be produced by human voice, machine, animal, or device, or any combination of same, any loud, unusual, or unnecessary noise which disturbs the peace, quiet, and comfort of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivity in the area. (Ord. 1242, 1-16-1996)

The standards which shall be considered in determining whether a violation of the provisions of Section 7-2-6 of this Chapter exists shall include, but shall not be limited to, the following criteria:

A. The frequency of the noise;

B. The intensity of the noise;

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

D. The ambient noise level;

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

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

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

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

I. The duration of the noise;

J. Whether the noise is recurrent, intermittent or constant; and

K. Whether the noise is produced by a commercial or noncommercial activity. (Ord. 1242, 1-16-1996)

The following acts, and the causing thereof, are declared to be in violation of this Chapter if they occur in such a manner as to disturb the peace, quiet and comfort of any reasonable person of normal sensitivity residing in the area; and occur:

A. Between The Hours Of 10:00 P.M. And 7:00 A.M:

1. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces or amplifies sound.

2. Using or operating any loudspeaker, public address system or similar device.

3. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects.

4. Repairing, building, rebuilding, adjusting or testing any motor vehicle.

B. Between The Hours Of 8:00 P.M. And 7:00 A.M:

1. Refuse Collection Vehicles:

a. Collection of refuse with a collection vehicle in a residential area or within five hundred feet (500') thereof;

b. Operation or permitting the operation of the compacting mechanism of any motor vehicle which compacts refuse in a residential area or within five hundred feet (500') thereof.

2. Loudspeakers/Public Address Systems: Using or operating for any commercial purpose any loudspeaker, public address system, or similar device on a public right of way or public space.

3. Powered Model: Operating or permitting the operation of powered models. (Ord. 1242, 1-16-1996)

Notwithstanding other sections of this Chapter, a person shall not create, maintain or cause any ground vibration which is perceptible, without the use of instruments, to any reasonable person of normal sensitivity at any point on any affected property. (Ord. 1242, 1-16-1996)

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

A. School And Park Facilities: Authorized activities conducted on public school grounds and City park facilities, associated with normal operation of the facilities including, but not limited to, school and public athletic and entertainment events.

B. Mechanical Or Electronic Devices: Any mechanical or electronic device, apparatus or equipment used, related to or connected with emergency machinery, vehicle, work or warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within fifteen (15) minutes of its activation.

C. Public Speaking Or Assemblies: Noncommercial public speaking and public assembly activities conducted on any public space or public right of way without the use of sound amplification equipment.

D. Construction Noise: Noise sources associated with or vibration created by construction, repair, or remodeling of any real property, provided said activities do not take place between the hours of six o'clock (6:00) P.M. and seven o'clock (7:00) A.M. Monday through Saturday, or at any time on Sunday or a Federal holiday, and provided the noise level created by such activities does not exceed the noise standard of sixty five (65) dBA plus the limits specified in subsection 7-2-4C of this Chapter as measured on the receptor residential property line and provided any vibration created does not endanger the public health, welfare and safety.

E. Real Property Maintenance: Noise sources associated with the maintenance of real property, provided said activities take place between the hours of seven o'clock (7:00) A.M. and eight o'clock (8:00) P.M. on any day except Sunday, or between the hours of nine o'clock (9:00) A.M. and eight o'clock (8:00) P.M. on Sunday.

F. Activities Preempted By State Or Federal Law: Any activity to the extent regulation thereof has been preempted by State or Federal law, including, but not limited to, aircraft, motor vehicles, railroads and other interstate carriers. (Ord. 1242, 1-16-1996)

A. Circumstances For Issuance: The noise control officer may grant amplified sound or noise permits to applicants who cannot comply with the requirements of this Chapter if the applicant can show that compliance with this Chapter would constitute an unreasonable hardship on the applicant, on the community as a whole, or on other individuals, or that compliance would be impractical. If the noise control officer determines that sufficient controversy may exist regarding an application, the application shall be referred to the City Council. A permit shall not be granted to waive compliance with Section 7-2-15 of this Chapter.

B. Determination: In determining whether to grant or deny the application, the noise control officer shall balance the hardship to the applicant, the community as a whole, and other individuals, of not granting the permit against the adverse impact on the health, safety, and welfare of persons affected; the adverse impact on property affected; and any other adverse impacts of granting the permit. Applicants for permits may be required to submit any information the noise control officer may reasonably require. The noise control officer shall retain on public file a copy of the decision which shall include a statement of the reason for the decision.

C. Granting Of Permit; Conditions: Permits shall be granted by written notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The time limit shall be for a maximum time period not to exceed one year. The permit shall not become effective until the applicant agrees to all conditions. In the case of noncompliance with any condition imposed, the permit shall immediately terminate, and the noise source shall be subject to the provisions of this Chapter.

D. Application For Change Of Conditions: Application for extension of time limits specified in subsection C of this Section or for modification of other substantial conditions shall be treated as an initial application for a permit.

E. Guidelines: The noise control officer may issue guidelines defining the procedures to be followed in applying for a permit.

F. Activities Requiring Permit: Unless otherwise specifically exempted by this Chapter, permits shall be required for all exterior activities which utilize amplified sound; such as, but not limited to, outdoor gatherings, dances, shows, performances or carnivals.

G. Appeal: An appeal of the decision of the noise control officer with respect to any amplified sound or noise permit may be made to the City Council in writing within ten (10) days after the action of the noise control officer has been communicated to the applicant. (Ord. 1242, 1-16-1996)

A. Responsible Official: The noise control officer is directed to enforce the provisions of this Chapter. During times the noise control officer is not on duty, enforcement shall be the responsibility of the Chief of Police.

B. Interference: No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this Chapter while such person is engaged in the performance of his duty. (Ord. 1242, 1-16-1996)

A. Order Immediate Halt: The noise control officer may order an immediate halt to any sound which exposes any person to continuous sound levels in excess of those shown in Table A in subsection D of this Section, or impulsive sounds in excess of Table B in subsection D of this Section. Within two (2) working days following issuance of such an order, the noise control officer shall apply to the appropriate court for an injunction to replace the order.

B. Exceptions To Issuance Of Order: No order pursuant to subsection A of this Section shall be issued if the only persons exposed to sound levels in excess of those listed in Tables A and B of subsection D of this Section are exposed as a result of:

1. Trespass;

2. Invitation upon private property by the person causing or permitting the sound; or

3. Employment by the person or a contractor of the person causing or permitting the sound.

C. Remedial Action: Any person subject to an order issued by the Noise Control Officer pursuant to this section shall comply with such order until:

1. The sound is brought into a compliance with the order, as determined by the Noise Control Officer; or

2. A judicial order has superseded the Noise Control Officer order.

D. Prohibited Sound Level: The sound levels which pose an immediate threat to health and welfare are:

TABLE A CONTINUOUS SOUND LEVELS

(Measured At 50 Feet Or 15 Meters)

TABLE B IMPULSIVE SOUND LEVELS

(Measured At 50 Feet Or 15 Meters)

(Ord. 1242, 1-16-1996)

A. Violation; Penalty; Infraction:

1. Any person convicted of an infraction for a violation of this chapter is punishable by a fine of one hundred dollars ($100.00) per violation.

2. Each such person shall be guilty of a separate offense if, after receiving a written warning or infraction citation, the person commits or continues to commit a violation of this chapter.

3. If a person is found to be in violation of this chapter, the Noise Control Officer shall issue a written warning of the violation. If the person continues to be in violation of this chapter, the Noise Control Officer shall issue an infraction citation. Every violation within a thirty (30) day period after the first written warning is issued shall be considered an infraction.

B. Public Nuisance: Notwithstanding the provisions of subsection A of this section, as an additional remedy, any violation of the provisions of this chapter, which causes discomfort or annoyance to reasonable persons of normal sensitivity or which endangers the comfort, repose, health, or peace of residents in the area, shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily in the manner provided in chapter 1 of this title. (Ord. 1242, 1-16-1996)