Fort Jones Municipal Code Ch. 9.12 Noise

(a) At certain levels, noises are detrimental to the health and welfare of the citizenry. It is the purpose of this chapter to prescribe standards for and to prohibit such unacceptable noises and to provide an effective and readily available remedy for violations of this chapter.

(b) The provisions of this chapter and the remedies contained herein shall be cumulative and are not intended to replace any otherwise available remedies for public, private or mixed nuisances, nor any other civil or criminal remedies otherwise available.

(Ord. No. 2021-7, 10-11-2021)

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:

Emergency work means essential activities 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 or work by private or public utilities when restoring service.

Local ambient noise means the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far. The ambient noise level is the level obtained when the noise level is averaged over a period of 15 minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which comparison is to be made.

(Ord. No. 2021-7, 10-11-2021)

For the purpose of enforcement of the provisions of this chapter, whether noise is of a level that violates this chapter shall be at the discretion of the responding officer.

(Ord. No. 2021-7, 10-11-2021)

(a) No person shall produce or allow to be produced by any machine, or device or any combination of the same a noise level above the local ambient noise level Monday—Friday between the hours of 10:00 p.m. and 6:00 a.m., and Saturday—Sunday between the hours of 10:00 p.m. and 8:00 a.m. The applicability of this subsection to sound performances and special events shall be at the discretion of the responding officer.

(b) Vehicle horns, or other devices primarily intended to create a loud noise for warning purposes, shall not be used when the vehicle is at rest, or when a situation endangering life, health, or property is not imminent.

(c) Vehicle repair in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance shall be limited to the hours between 6:00 a.m. and 10:00 p.m. Monday—Friday, and 8:00 a.m. and 10:00 p.m. Saturday—Sunday.

(d) The playing or operating of any radio, or other musical device or instrument in a manner that is disturbing or unreasonably loud to a reasonable person outside the facility or unit from which the noise emanates is prohibited.

(e) Disturbing or unreasonably loud shouting, screaming, profanity, wailing or other vocalizations that are disturbing or unreasonably loud to a reasonable person outside the facility or unit from which the noise emanates is prohibited.

(f) The sound limitations and prohibitions in this section shall not apply to the following:

(1) Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;

(2) The noon whistle and chimes from places of worship;

(3) Occasional outdoor gatherings, public or private dances, shows and sporting and entertainment events, with 50 or more in attendance, if conducted in accordance with a valid town noise permit.

(Ord. No. 2021-7, 10-11-2021)

(a) Where the applicant can show that, notwithstanding the application of all available noise abatement techniques, immediate compliance with the requirements of this chapter would be impractical or unreasonable, a conditional or limited noise permit may be granted an applicant, exceeding the particular project or activity from provisions of this chapter for a limited period, not to exceed six months, subject to renewal upon a further showing of good cause conditioned by a schedule for compliance and details of methods therefor in appropriate cases. The town clerk's office with approval from the police chief shall issue the permit.

(b) The town administrator and the police chief have authority deny a permit application or to approve an application subject to such conditions or limitations it deems advisable, taking into consideration the purpose and intent of this chapter.

(Ord. No. 2021-7, 10-11-2021)

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

(1) The frequency of the noise;

(2) The intensity of the noise;

(3) Whether the nature of the noise is usual or unusual;

(4) Whether the origin of the noise is natural or unnatural;

(5) The proximity of the noise to residential sleeping facilities;

(6) The zoning of the area within which noise emanates;

(7) The time of day or night the noise occurs;

(8) The duration of the noise;

(9) Whether the noise is produced by commercial or noncommercial activity.

(Ord. No. 2021-7, 10-11-2021)

(a) Any person aggrieved by the decision of any individual or officer empowered to administer the provisions of this chapter shall have the right to appeal the decision of any such officer to the town council, by filing with the town administrator or town clerk a verified, written appeal no later than ten days after decision has been rendered.

(b) The town administrator or clerk, as soon as reasonably possible, will schedule a regular or special meeting with the town council.

(c) No later than ten days prior to a scheduled meeting, the town administrator or clerk shall send notice of the meeting to the appellant by certified mail, postage prepaid, return receipt requested.

(Ord. No. 2021-7, 10-11-2021)

The police chief or his assigned officers shall have the duty of enforcing the provisions of this chapter, and such department are empowered to issue citations for violations.

(Ord. No. 2021-7, 10-11-2021)

(a) A person violating any provisions of this chapter shall be deemed guilty of an infraction and shall be subject to the penalties provided by this Code for infractions. Each hour a violation is committed or permitted to continue shall constitute a separate offense.

(b) As an additional remedy, the operation or maintenance of any machine, animal or device, or any combination of the same, which operation or maintenance 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 by restraining order or injunction issued by a court of competent jurisdiction.

(Ord. No. 2021-7, 10-11-2021)