Hawthorne Municipal Code Art. 3 Special Circumstances

A. General Restriction. Using the standards established in Section 9.34.020 as a baseline, noise created by demolition, excavation, grading, spray painting, construction, maintenance, and/or repair of buildings shall be subject to the following additional regulations.

B. Allowable Hours of Construction Activity. Construction and demolition activities are allowed only during the times specified in Table N-3.

Table N-3: Time Limits for Noise Associated with Construction Activities

C. Allowable Noise Level Limits for Construction Activity. The noise created by construction activity shall not cause:

1. The energy-average A-weighted, slow-response sound pressure level (Leq dBA) to exceed the numerical standards specified in Table N-1 of this chapter, for the land use where the measurement is taken, plus twenty dB; or

2. The maximum A-weighted, slow-response sound pressure level (Lmax dBA) to exceed the numerical standards specified in Table N-1 of this chapter, for the land use where the measurement is taken, plus forty dB.

D. Construction Near Residential Zones. Prior to the issuance of a building permit, all private development projects located within five hundred feet of any residential development or noise-sensitive land use must submit a list of equipment and activities required during construction. In particular, this list shall include the following:

1. Construction equipment to be used, such as pile drivers, jackhammers, pavement breakers, vibratory rollers, or similar equipment.

2. Construction activities such as twenty-four-hour pumping, excavation, drilling, and/or demolition.

3. A list of measures that will be implemented to minimize noise impacts on nearby residential or noise-sensitive uses. Such measures may include, but not be limited to:

a. Considering the installation of temporary sound barriers for construction activities immediately adjacent to occupied dwellings or noise-sensitive structures.

b. Equipping construction equipment with mufflers.

c. Restricting haul routes and construction-related traffic.

d. Reducing non-essential idling of construction equipment to no more than five minutes per hour.

E. Exceptions for Construction Activities. Construction or demolition activity during the times otherwise prohibited by this section may be allowed as described in this subsection if it is found to be in the public interest.

1. A request for such allowance shall be in writing and shall set forth in detail facts showing that the public interest will be served by the grant of such allowance.

2. If the allowance is being requested in connection with construction or demolition activities to be undertaken in connection with a land division, use permit, or other discretionary entitlement, the request shall be submitted as part of the application for such entitlement and shall acted upon by the official or decision-making body taking action on such application, after considering the recommendation of the noise control officer.

3. If the allowance is being requested in connection with a building permit, demolition permit, or grading permit and is not in connection with a discretionary entitlement, the request shall be considered and acted on by the noise control officer after the construction or demolition permit has been issued.

F. Home Repair and Maintenance. Time restrictions on construction and demolition activities do not include the use of home power tools or yard maintenance equipment used by the owner or a resident of the premises if used between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, or between the hours of 8:00 a.m. and 6:00 p.m. Saturday and Sunday.

(Ord. 2169 § 3, 2019)

A. Special Event Facilities. All special event facilities authorized pursuant to this chapter shall comply with the provisions of Section 9.34.030 unless a higher noise standard is approved as part of the use permit for the facility, provided the maximum noise limit on a receiving property line shall not exceed a daytime limit of seventy dBA Leq [7 a.m. to 10 p.m.] and a nighttime limit of 60 dBA Leq [10 p.m. to 7 a.m.].

B. Private gatherings. Private gatherings shall meet the provisions of Section 9.34.030.

(Ord. 2169 § 3, 2019)

Motorized Off-Highway Vehicles Operating Off Public Right-of-Way. Operating or causing to be operated any motorized off-highway vehicle outside of a public right-of-way in a manner such that the sound levels emitted will violate the provisions specified in Section 9.34.030 or 9.34.040 is prohibited. This section will apply to all motorized off-highway vehicles, whether or not duly licensed and registered, including but not limited to commercial or noncommercial racing vehicles, motorcycles, go-carts, amphibious craft, campers, dune buggies, and motorboats.

(Ord. 2169 § 3, 2019)

The following activities and noise sources are exempt from the provisions of this chapter:

A. Emergency sirens.

B. Any operation or action required to respond to an emergency.

C. Emergency construction or maintenance work conducted by public agencies or their contractors which is necessary to maintain the health and safety of the public.

D. Any activity which regulation thereof has been preempted by state or federal law.

(Ord. 2169 § 3, 2019)