Hillsborough Municipal Code Ch. 8.32 Regulating Noise and Other Health and Welfare

Footnotes:

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Editor's note— Ord. No. 790, § 1(Exh. A), adopted November 13, 2023, repealed Ch. 8.32, §§ 8.32.010—8.32.070, and enacted a new Ch. 8.32 as set out herein and as may later be amended. Former Ch. 8.32 pertained to noise and derived from Ord. 439, adopted 1987; Ord. 538, adopted 1994; Ord. 561, adopted 1997; Ord. 567, adopted 1998; and Ord. 664, adopted 2005.

It is declared to be the policy of the town that the peace, health, safety and welfare of the town's residents require protection from excessive, unnecessary and unreasonable noises and or emissions from discretionary sources in the town. The purpose of this chapter is to preserve and enhance the tranquility for which the town is noted, to implement the goal of the general plan to minimize noise levels within neighborhoods so that residents may enjoy the benefits normally associated with residential communities, and to control the adverse effect of noise sources, all to the extent reasonably possible.

(Ord. No. 790, § 1(Exh. A), 11-13-2023)

For the purposes of this chapter, certain terms are defined as follows:

"Discretionary noise" consists of the noises of construction heavy machinery, gas-powered gardening devices, electric-powered gardening devices, residential power equipment, and other powered outdoor equipment, and the noises of other activities and devices not included in normal noise.

"Electric-powered gardening device" means any portable machine powered with electricity and used in gardening, including but not limited to a leaf blower, lawn mower, hedge trimmer, edger, rototiller, or chain saw.

"Emergencies" means essential activities necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm. Such activities include actions initiated by the town of Hillsborough, public utility companies or private individuals.

"Gas-powered gardening device" means any portable machine powered with a gasoline engine and used in gardening, including, but not limited to a leaf blower, lawn mower, hedge trimmer, edger, rototiller, or chain saw.

"Leaf blower" means any portable machine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns, or other surfaces.

"Normal noise" consists of the noises of vehicular traffic, household appliances usually used within the living areas of a residential dwelling and similar articles used indoors, human voices, domestic pets, wildlife, weather and other forces of nature, and the other inevitable and ordinary noises of living.

"Noise level" means the maximum continuous sound level or repetitive peak sound level produced by a source or group of sources as measured with a sound level meter.

"Property plane" means a vertical plane including the property line which determines the property boundaries in space.

"Residential power equipment" means any of the following devices which are mechanically powered : saw, chain saw, sander, drill, grinder, generator, air compressor, power washer, gardening devices other than a leaf blower, or any other similar tool or device.

"Sound level," expressed in decibels (dB), means a logarithmic indication of the ratio between the acoustic energy present at a given location and the lowest amount of acoustic energy audible to sensitive human ears and weighted by frequency to account for characteristics of human hearing, as given in the American National Standards Institute Standard S1.1, "Acoustic Terminology," paragraph 2.9, or successor reference. All references to dB in this chapter utilize the A-level weighting scale, abbreviated dBA, measured as set forth in this section.

"Sound level meter" means a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute Standard S1.4, "Specification for Sound Level Meters."

"Unreasonable noise" means any and all excessively annoying, loud or unusual noises or vibrations that exceed the sound level limits set forth in Section 8.32.040(C) or offend the peace and quiet of persons of ordinary sensibilities and which interfere with the comfortable enjoyment of life or property and affect at the same time an entire neighborhood, or any considerable number of persons.

"Vehicle" means any device by which any person or property may be propelled, moved or drawn upon a highway or street.

(Ord. No. 790, § 1(Exh. A), 11-13-2023)

A. Unreasonable noise is prohibited.

B. Normal noise shall be allowed at any time all seven days of the week.

C. Discretionary noise shall be allowed only as follows (or as allowed under the exceptions set forth in Section 8.32.050 of this chapter):

1. Construction.

a. Monday through Friday, between the hours of eight a.m. and five p.m., anyone may perform construction, alteration, demolition or repair pursuant to a valid building or other applicable permit issued by the town, provided that the noise level from all sources combined (whatever the sources are), as measured twenty-five feet outside the property line, shall not exceed one hundred dBA at distance of twenty-five feet outside the property line. This standard is the "property plane standard."

b. On Saturdays, anyone may perform construction, alteration, demolition or repair pursuant to a valid building or other applicable permit issued by the town so long as the activities do not produce, singly or in combination, a total combined noise level of more than seventy dBA outside of the property plane; provided, however, that the building permit or other applicable permit may contain restrictions beyond those in this section, in which case, such greater restrictions shall control.

c. On Sundays and holidays observed by the town, meaning that the city clerk's office is closed for observance of the weekday holiday, construction, alteration, demolition, or repair noise is prohibited.

2. Residential Power Equipment, Including Gardening Equipment Other than Leaf Blowers.

a. Monday through Friday, between the hours of eight a.m. and five p.m., anyone may operate residential power equipment if the property plane standard is met.

b. On Saturdays, between the hours of ten a.m. and five p.m., anyone may operate, residential power equipment, not otherwise prohibited by this code, that does not produce, singly or in combination, a total combined noise level of more than sixty-five dBA outside of the property plane.

c. On Sundays and holidays observed by the town, meaning that the city clerk's office is closed for observance of the weekday holiday, residential power equipment noise is prohibited.

3. Leaf Blowers.

a. No person shall operate any gas-powered leaf blower after July 1, 2024.

b. No person shall operate any leaf blower, not otherwise prohibited by this code, which does not bear an affixed manufacturer's label indicating the model number of the leaf blower and designating a noise level not in excess of sixty-five dBA when measured from a distance of fifty feet utilizing the American National Standard Institute methodology.

c. Monday through Friday, between the hours of eight a.m. and five p.m., anyone may operate any leaf blower, not otherwise prohibited by this code, so long as the property plane standard is met.

d. On Saturdays, between the hours of ten a.m. and five p.m., anyone may operate any leaf blower, not otherwise prohibited by this code, so long as the property plane standard is met.

e. On Sundays and holidays observed by the town, meaning that the city clerk's office is closed for observance of the weekday holiday, noise from leaf blowers is prohibited.

(Ord. No. 790, § 1(Exh. A), 11-13-2023)

A. Refuse collection activities shall be permitted as provided in Section 8.12.050 of this code so long as they do not produce a noise level in excess of ninety-five dBA measured at a distance of twenty-five feet from the source.

B. Audible warning devices required by law to protect the health, safety and welfare of the community shall be permitted so long as they do not produce a noise level more than three dBA above the standard or minimum level stipulated by law. This is in addition to the requirements for burglary, fire and robbery alarms imposed by Chapter 5.12 of this code. Vehicle horns or other devices primarily intended to create a loud noise for warning purposes shall comply with the applicable provisions of the California Vehicle Code and other applicable law.

C. Sound performances and special events not exceeding eighty dBA measured at a distance of fifty feet from the source are exempt from this chapter when approval therefore has been obtained from the appropriate governmental entity.

D. Emergencies shall be exempt from this chapter.

(Ord. No. 790, § 1(Exh. A), 11-13-2023)

Violations of any provision of this chapter shall be a misdemeanor except that any violation with respect to the operation of residential power equipment or gas- or electric-powered gardening devices shall be an infraction unless such operation is part of construction, alteration, demolition or repair set forth in Section 8.32.040(B)(l)(a) of this chapter.

(Ord. No. 790, § 1(Exh. A), 11-13-2023)

The city manager may adopt reasonable rules and regulations for the purpose of administering the provisions of this chapter.

(Ord. No. 790, § 1(Exh. A), 11-13-2023)