Imperial County Municipal Code Ch. 1 General Provisions

The county of Imperial board of supervisors finds and declares that:

A. Inadequately controlled noise presents a danger to the health and welfare of the residents of the county of Imperial;

B. The making and creating of disturbing, excessive, or offensive noises within the jurisdictional limits of the county of Imperial is a condition which has persisted, and the level and frequency of occurrences of such noises continue to increase;

C. The making, creating, or continuing of such noises, which are prolonged or unusual in their time, place and use affect and are a detriment to the public health, comfort, convenience, safety, welfare, and prosperity of the residents of the county of Imperial;

D. Every person is entitled to an environment in which the noise is not detrimental to his or her life, health, or enjoyment of property; and

E. The necessity, in the public interest, for the provisions and prohibitions contained in this section and enacted is declared to be a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions contained in this section and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity, peace, and quiet of the county of Imperial and its inhabitants.

(Prior code § 90700.00)

Whenever the following words and phrases are used in this division, they shall have the meaning ascribed to them in this section:

"Average sound level (ASL)" means a sound level typical of the sound levels at a certain place during a given period of time, averaged by the general rule of combination for sound levels, said general rule being set forth in American National Standard Specifications for Sound Level Meters S1. 4-1971. Average sound level is also called "equivalent continuous sound level."

"Community noise equivalent level (NEL or CNEL)" means an average sound level during a twenty-four (24) hour day, obtained after addition of five decibels to sound levels in the evening from seven p.m. to ten p.m., and after addition of ten (10) decibels to sound levels in the night after ten p.m. and before seven a.m.

"Construction equipment" means any tools, machinery, or equipment used in connection with construction operations, including all types of "special construction: equipment" as defined in the pertinent sections of the California Vehicle Code when used in the construction process on any construction site, regardless of whether such construction site be located on-highway or off-highway.

"Decibel (dB)" means a unit measure of sound (noise) level.

"Disturbing, excessive or offensive noise" means any sound or noise conflicting with the criteria or levels set forth in this division.

"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 imminent exposure to danger of damage, or work by public or private utilities when restoring utility service.

"Motor vehicles" means any and all self-propelled vehicles as defined in the California Vehicle Code, specifically including but not limited to mini-bikes and go-carts.

"Noise level" means the same as "sound level." The terms may be used interchangeable herein.

"Person" means a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private.

"Sound level," in decibels, means that quantity measured with a sound level meter as defined herein, by use of the "A" frequency weighting and slow time averaging unless some other time averaging is specified.

"Sound level meter" means an instrument for the measurement of sound, including a microphone, and amplifier, an attenuator, networks at least for the standardized frequency weighting A, and an indicating instrument having at least the standardized dynamic characteristic "fast," as specified in American National Standard Specifications for Sound Level Meters S1.4-1971 or its successor.

Supplemental Definitions of Technical Terms. Definitions of technical terms not defined herein shall be obtained from American National Standard Acoustical Terminology, Section 1.1-1960 (R-1976).

(Prior code § 90701.00)