Firebaugh Municipal Code § 3-1 Noise Regulations

[Ord. #44, S3; Ord. #87, S1; Ord. #05-02, S2]

It shall be unlawful for any person to make, continue, allow or cause to be made or emanate:

a. Any excessively, unnecessarily, unnaturally or unusually loud noise or sound from any device which annoys, disturbs, injures or endangers the comfort, repose, quiet, health, peace or safety of other persons within the City at any time; or

b. Any noise or sound from any device (measured as provided in paragraph c3 of this subsection) in any residential district after 9:00 p.m., Sunday through Thursday, or after 10:00 p.m. on Friday or Saturday or before 7:00 a.m. on any day.

Any act or acts described in paragraphs a or b of this subsection 3-1.1 are hereby declared a public nuisance.

c. In interpreting and applying this section, the following shall apply:

1. "Device" shall mean any device, instrument, appliance, apparatus, equipment, contrivance, object or thing, mechanical, electronic or other nature, including by way of example, but in no event limited to, the following:

(a) Any radio, disc player, tape deck, stereo, television or other sound amplification device;

(b) Any mower, trimmer, leaf blower, chain saw, tractor or other gardening or landscape maintenance device;

(c) Any construction equipment or tool.

2. A device shall be making or emanating noise or sound when it is plainly audible to a person of normal hearing sensitivity. Noise or sound shall be "excessively", "unnecessarily," "unnaturally" or unusually" loud when it is plainly audible to a person of normal hearing sensitivity at a distance of 25 feet from the source of such noise or sound.

3. The distance of the source of such noise or sound shall be measured from the actual source itself except where the source is located on private property, in which case the distance shall be measured from the property line.

4. A person of normal hearing sensitivity for these purposes is a person who has a hearing threshold level of between zero decibels and 0-25 decibels HL averaged over the frequencies 500, 1,000 and 2,000 hertz.

5. Prima facie evidence that such noise or sound annoys, disturbs, injures or endangers the comfort, repose, quiet, health, peace or safety of other persons is shown by proof of paragraphs c2 or c6 of this subsection, or a complaint by a person or persons regarding such noise or sound.

6. Alternative prima facie evidence that such noise or sound annoys, disturbs, injures or endangers the comfort, repose, quiet, health, peace or safety of other persons will be if such noise or sound is made or emanates in a residential district (measured as provided in paragraph c3 of this subsection) after 9:00 p.m., Sunday through Thursday, or 10:00 p.m. on Friday or Saturday or before 7:00 a.m. on any day.

d. The provisions of this section 3-1 shall not apply to:

1. Construction, repair or remodeling work accomplished pursuant to a building, electrical, plumbing, mechanical, or other construction permit issued by the City or other governmental agency, provided such work takes place between the hours of 7:00 a.m. and 10:00 p.m.

2. Emergency work.

3. Activities conducted in public parks, public playgrounds and public or private school grounds, provided such activities are conducted under the supervision, auspices, or direction of school employees or other public employees.

4. Noise sources associated with work performed by private or public utilities in the maintenance or modification of its facilities.

5. Noise sources associated with the collection of waste or garbage.

6. Any activity to the extent that regulation thereof has been preempted by state or federal law.

7. Any legal industrial activity.

8. Private or public warning or alarm equipment or systems.

[Ord. #44, S3; Ord. #05-02, S2]

The police chief or designee is hereby authorized to enter onto private premises to give a notice to abate to the person creating, instituting, starting, working, conducting, maintaining, operating, making, producing, permitting or continuing any such nuisance, or responsible therefore, to cause such nuisance to be abated.

[Ord. #05-02, S2]

The first violation of any provision of this section shall be an infraction punishable as provided in this code. Any subsequent violation of the provisions of this section by any person within 12 months from a conviction or the forfeiting of bail in connection with a prior violation of any provisions of this section is a misdemeanor. Any violation of the provisions of this section shall be deemed to be a public nuisance.

[Ord. #05-02, S2]

The owner, occupant or other person with a right to control the premises upon which a violation of this section 3-1 occurs, and any person, and the parent(s) or guardian(s) of any minor person, who violates a provision of this section 3-1, are jointly and severally liable for the costs incurred by the City in responding to a violation and enforcing the provisions of this section if the violation occurs subsequently after being warned. Ordinance Number 94-2 regulates the cost recovery and will be used to determine costs.[1]

[1]

Editor's Note: The regulation of cost recovery as provided in Ordinance No. 94-2 is codified as subsection 3-2.4.