Hollister Municipal Code Ch. 8.28 Noise

It is declared to be the policy of the city that the peace, health, comfort, safety and welfare of its citizens require protection from excessive, unnecessary or unusually loud noises and vibrations from any and all sources in the community.

(Prior code § 3B-1; Ord. 882, § 1, 1996; Ord. 1207, 2022)

A. It is unlawful at any time, for any person to knowingly make, continue or cause to be made or continued, any excessive, unnecessary or unusually loud noise.

B. The term "excessive, unnecessary or unusually loud noise" means a noise disturbance which occurs at any time of the day, not involving a barking dog, commercial construction or commercial landscaping noise, and, because of its volume level, duration or character, annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitivity residing in the area.

C. For any kind of noise (with the exception of a barking dog, commercial construction or commercial landscaping noise) outside the DMU Downtown Mixed Use Zoning District, regardless of the time of day in which it occurs, the standards which shall be considered in determining whether a violation exists, may include, but shall not be limited to, the following:

1. The volume or intensity of the noise;

2. Resident complaints, regardless if the complainant wishes to remain anonymous;

3. The proximity of the noise to residential properties;

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

5. The time and/or day of the week the noise occurs;

6. The duration of the noise;

7. Whether the noise is recurrent, intermittent or constant;

8. Whether the noise is produced by a commercial or noncommercial activity; and

9. A noise level in residential districts exceeding 55 dBA during daylight hours, and 50 dBA after sunset, measured at the property line of the complaining party or inside an affected multiple-dwelling unit.

10. This section shall not apply to a noise violation involving a barking dog, commercial construction or landscaping noise. Please see Section 6.08.060 for noise disturbances caused by a dog and Section 17.16.100 for noise involving commercial construction and commercial landscaping noise.

D. Noise complaints in residential areas can be subjective, therefore, city personnel cannot be the complaining party. Enforcement of the noise ordinances will only occur once a complaint has been made, regardless of the complaint being anonymous. When possible, a warning may be issued advising the violator a complaint has been filed and if officers have to respond back to the same address within 12 hours for a noise complaint, a citation will be issued to the responsible party or property owner. Repeated calls for noise complaints over a period of time can also lead to a citation being issued.

A warning is not necessary and citations may be mailed to the property owner when a responsible party cannot be located during the investigation of the violation.

E. Violation of this ordinance can be either an infraction or misdemeanor. Any person convicted of a misdemeanor under the provisions of a city code, unless expressly authorized otherwise, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

1. Every violation of a city code which is determined to be an infraction is punishable by:

a. A fine not exceeding $100.00 for a first violation;

b. A fine not exceeding $250.00 for a second violation of the same ordinance by the same person or address within one year;

c. A fine not exceeding $500.00 for each additional violation of the same ordinance by the same person or address within one year.

d. This section shall not deprive the municipal court of jurisdiction to impose a term of imprisonment not to exceed three months when imposed by the court as a suspended sentence as a term of probation following a conviction of any code provision.

(Prior code § 3B-2; Ord. 882, § 1, 1996; Ord. 1207, 2022)

A. The Downtown Mixed Use (DMU) district was developed to facilitate an active daytime and nighttime city destination with restaurants, theaters, diverse retail and shopping opportunities and high-density residential uses.

B. Given the desired intensity of land use and activity in the DMU, daytime and nighttime ambient noise levels in the DMU district will exceed other mixed use, residential and commercial districts in the city.

C. Due to the range and level of outdoor and indoor activities in the DMU, sound from allowed uses in the DMU shall only be considered a noise violation under the following conditions:

1. The noise interrupts the operation of surrounding businesses;

2. The noise exceeds levels comparable to that typically associated with the allowed function of uses that are allowed in the DMU zone;

3. The noise is due to individuals congregating in public areas outside of an individual establishment for extended periods of time;

4. The noise is the result of pedestrian and traffic queueing associated with an establishment, business or event; or

5. The noise level exceeds 85 dBA from 8:00 a.m. to 10:30 p.m., 65 dBA from 10:30 p.m. to 2:00 a.m., or 50 dBA from 2:00 a.m. to 8:00 a.m., measured at the property line where the noise is being generated.

D. Violation of this chapter can be either an infraction or misdemeanor. Any person convicted of a misdemeanor under the provisions of a city code, unless expressly authorized otherwise, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

1. Every violation of a city code which is determined to be an infraction is punishable by:

a. A fine not exceeding $100.00 for a first violation;

b. A fine not exceeding $250.00 for a second violation of the same ordinance by the same person or address within one year;

c. A fine not exceeding $500.00 for each additional violation of the same ordinance by the same person or address within one year.

d. This section shall not deprive the municipal court of jurisdiction to impose a term of imprisonment not to exceed three months when imposed by the court as a suspended sentence as a term of probation following a conviction of any code provision.

(Ord. 1207, 2022)

Excessive, unnecessary or unusually loud noise as used in this chapter does not include noise or sound generated by the following:

A. Cries for emergency assistance and warning calls;

B. Radios, sirens, horns and bells on police, fire and other emergency response vehicles;

C. Parades, fireworks displays and other special events or any other activity for which a permit has been obtained from the city, are exempted, provided there is compliance with all conditions which have been noted in writing on the permit. Excessive, unnecessary or unusually loud noise produced as a result of noncompliance with any condition specified in the permit is not exempt from the requirements of this chapter;

D. Religious worship activities, including but not limited to, bells, organs, singing and preaching;

E. All mechanical devices, apparatus, or equipment which are utilized for the protection or salvage of agricultural crops.

(Prior code § 3B-3; Ord. 882, § 1, 1996)

Any person, driver, passenger, owner, agent, manager or supervisor creating the noise, or in charge of operating, ordering, directing or allowing the operation or maintenance of any device, object or machine creating a noise as prohibited in this chapter, shall be deemed guilty of violating this chapter, and shall be subject to the penalties provided for in this code.

(Prior code § 3B-4; Ord. 882, § 1, 1996)