Grass Valley Municipal Code Ch. 8.28 Noise

It is the policy of the city to prohibit unnecessary, excessive, and annoying noises from all sources subject to regulation under its police power. At certain levels noises are detrimental to the health, comfort, safety and welfare of the citizenry and in the public interest should be systematically proscribed.

(Prior code § 13A-l; Ord. No. 745, § 1, 9-10-2013)

A. It is unlawful to willfully make or continue a loud, unnecessary, or unusual noise which disturbs the peace or quiet of a neighborhood or which causes discomfort or annoyance to an entire community or neighborhood or any considerable number of reasonable persons of normal sensitivity residing in the area.

B. The standards to be considered in determining whether a violation of this section exists include, but are not limited to:

1. The volume 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 unusual;

5. The volume and intensity of the background noise, if any;

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

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

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

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

10. The duration of the noise;

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

12. Whether the noise is produced by commercial or noncommercial activity.

(Prior code § 13A-13)

An act or omission which is unlawful under this chapter includes causing, permitting, aiding, abetting, suffering, or concealing the act or omission.

(Prior code § 13A-14; Ord. No. 745, § 1, 9-10-2013)

In this chapter, unless the context otherwise requires:

"A" band level is the total sound level of all noise as measured with a sound level meter using the "A" weighting network. The unit is the dbA.

"Ambient noise" means the all-encompassing noise associated with a given environment, usually being a composite of sounds with many sources near and far;

"Band pressure level" of a sound for a specified frequency band means the sound pressure level for the sound contained within the restricted band;

"Commercial purpose" includes the use, operation, or maintenance of sound amplifying equipment for the purpose of advertising business, goods, or services, or for attracting the attention of the public to a performance, show, entertainment, exhibition, or event;

"Cycle" means the complete sequence of values of a periodic quantity which occurs during a period;

"Decibel (db)" is 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;

"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 or work by private or public utilities when restoring utility services;

"Frequency" of a function periodic in time means the reciprocal of the primitive period. The unit is the cycle per unit time and shall be specified;

"Microbar" is a unit of pressure commonly used in acoustics and is equal to one dyne per square centimeter;

"Motor vehicles" include minibikes and gocarts;

"Noncommercial purpose" is any purpose other than a "commercial purpose" and includes philanthropic, political, patriotic, and charitable purpose;

"Period" of a periodic quantity means the smallest increment of time for which the function repeats itself;

"Periodic quantity" means oscillating quantity, the values of which recur for equal increments of time;

"Person" includes a natural person, firm, association, copartnership, joint venture, corporation, or entity;

"Sound amplifying equipment" means a device for the amplification of the human voice, music, or other sound. It does not include a standard automobile radio

when used and heard only by the occupant of the vehicle nor a warning device on

an authorized emergency vehicle or a horn or other warning device used for traffic safety purposes;

"Sound analyzer" is a device for measuring the band pressure level or pressure spectrum level of a sound as a function of frequency;

"Sound level meter" is an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of noise and sound levels in a specified manner;

"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;

"Sound truck" means a vehicle, regardless of motive power, whether in motion or stationary, having sound amplifying equipment mounted or attached;

"Spectrum" of a function of time means a description of its resolution into components, each of a different frequency.

(Prior code § 13A-2; Ord. No. 745, § 1, 9-10-2013)

A decibel measurement is based on a reference sound pressure of 0.0002 microbars as measured in any octave band with center frequency, in cycles per second, as follows: Sixty-three, one hundred twenty-five, two hundred fifty, five hundred, one thousand, two thousand, four thousand, and eight thousand or as measured with a sound level meter using the "A" weighting.

(Prior code § 13A-3; Ord. No. 745, § 1, 9-10-2013)

Where the ambient noise level is less than designated in this section, the respective noise levels in the section shall govern:

(Prior code § 13A-4; Ord. No. 745, § 1, 9-10-2013)

A. Use Restricted. It is unlawful to use or operate a radio receiving set, musical instrument, phonograph, television set, or other device for producing or amplifying sound between the hours of eight p.m. of one day and seven a.m. of the following day which disturbs the peace, quiet, and comfort of an entire community or any considerable number of reasonable persons of normal sensitivity residing in the area.

B. Prima Facie Violation. Noise exceeding the ambient noise level at the property line (or, if a condominium or apartment house, within an adjoining apartment) by more than five decibels is prima facie evidence of a violation of this section.

(Prior code § 13A-5)

It is unlawful to sell or offer to sell anything by public outcry within an area of the city zoned for residential use. This section does not prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses, and other similar licensed public entertainment events.

(Prior code § 13A-6)

It is unlawful to use a percussion or musical instrument or other device so as to obstruct the sidewalk or public rights-of-way as prohibited by Section 12.16.010 of this code.

(Prior code § 13A-7; Ord. No. 745, § 1, 9-10-2013)

It is unlawful within a residential zone, or within a radius of five hundred feet of a residential zone, to operate equipment or perform outside construction or repair work on a building, structure, or project or to operate a piledriver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or construction type device between the hours of seven p.m. of one day and seven a.m. of the next day or on a Sunday or legal holiday in such a manner that a reasonable person of normal sensitivity residing in the area is caused discomfort or annoyance, unless prior permission has been granted by the building official in the interest of public convenience or necessity. No permit is required to perform emergency work as defined in Section 8.28.040.

(Prior code § 13A-8; Ord. No. 745, § 1, 9-10-2013)

It is unlawful to repair, rebuild, or test a motor vehicle in a residential area of the city between the hours of eight p.m. of one day and seven a.m. of the next day or on a Sunday or legal holiday, in such a manner that a reasonable person of normal sensitivity residing in that area is caused discomfort or annoyance.

(Prior code § 13A-9; Ord. No. 745, § 1, 9-10-2013)

It is unlawful to operate a motor vehicle in the city in such a manner that it causes excessive or unnecessary noise so as to cause a reasonable person of normal sensitivity residing in the area discomfort or annoyance. This section does not apply to a vehicle operated on a public highway, street or right-of-way.

(Prior code § 13A-10; Ord. No. 745, § 1, 9-10-2013)

A. Use of sound amplifying equipment indoors which disturbs the peace, quiet, and comfort of an entire community or any considerable number of reasonable persons of normal sensitivity residing in the area is prohibited. Noise from sound amplifying equipment exceeding the ambient noise level, as defined in Section 8.28.060, at the property line (or, if a condominium or apartment house, within an adjoining apartment) by more than five decibels is prima facie evidence of a violation of this section.

B. The use of sound amplifying equipment outdoors is subject to the following:

1. Outdoor sound amplifying equipment may be operated only between the hours of seven a.m. and ten p.m. each day except Sundays and legal holidays. Sound amplifying equipment may be operated on Sundays and legal holidays, as defined in Section 10.04.010, only between the hours of ten a.m. and eight p.m.

2. No sound emanating from outdoor sound amplifying equipment may exceed fifteen dbA above the ambient noise level at the property line of the parcel where the sound amplifying equipment is located.

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

C. Notwithstanding any other provisions of this chapter, it shall be unlawful for any person to willfully make any loud, unnecessary and unusual noise that disturbs or causes discomfort or annoyance to any reasonable person of normal sensitivity. The standard that may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following:

1. The volume of noise.

2. Whether the nature of the noise is usual or unusual.

3. Whether the origin of the noise is natural or unnatural.

4. The level and intensity of any background noise.

5. The proximity of the noise to residential sleeping facilities.

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

7. The density of the inhabitation of the area within which the noise emanates.

8. The time of the day or night the noise occurs.

9. The duration of the noise.

10. Whether the noise is recurrent, intermittent, or constant.

11. Whether the noise is produced by a nonresidential activity (resource production, recreation, etc.).

(Prior code § 13A-11; Ord. No. 745, § 1, 9-10-2013)

A. Use of sound amplifying equipment in a commercial district outdoor space may be allowed past the regulated hours and days outlined in Section 8.28.130 subject to issuance of a noise permit by the community development director. Any such permit shall be subject to the following conditions:

1. The noise level at the property line may not be unreasonably loud so as to inconvenience others in the quiet enjoyment of their properties.

2. Each event or activity requested is required to have a separate permit.

3. The city may impose a fee established by resolution of the city council for issuance of the permit.

4. Events sponsored by or in conjunction with the city are exempt.

5. An event or activity that is approved through the issuance of a separate permit (i.e. special event permit) which may include activity subject to noise limitations does not need a separate noise permit under Chapter 8.28.

(Ord. No. 745, § 1, 9-10-2013)

It is unlawful to operate or sound between the hours of eight p.m. of one day and seven a.m. of the next day a horn or whistle which creates a noise in excess of eighty-nine dbA at a point three hundred feet or more from the source of the sound, except for emergency horns.

(Prior code § 13A-12; Ord. No. 745, § 1, 9-10-2013)

Notwithstanding Section 1.12.010 or anything contained in this code to the contrary, the following procedures shall apply to violations of this chapter:

A. Abatement Orders. The code enforcement officer or other designated city representative may in his or her discretion issue an order requiring immediate abatement of a noise source alleged to be in violation of this chapter;

B. When Abated. No complaint or further action shall be taken in the event the cause of the violation has been abated.

C. Additional Remedies.

1. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this chapter is a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

2. Additionally, no provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law.

(Prior code § 13A-16; Ord. No. 745, § 1, 9-10-2013)

Any person who violates any of the provisions of this chapter is guilty of an infraction punishable under Chapter 1.12 of this Code. Each separate day or any portion thereof during which any violation occurs or continues is a separate offense.

(Prior code § 13A-17; Ord. No. 745, § 1, 9-10-2013; Ord. No. 791, § 1, 9-26-2017)