Imperial County Municipal Code Ch. 3 Public Nuisance Noise

A. It is unlawful for any person to make, continue, or cause to be made or continued, within the limits of Imperial County, any disturbing, excessive, or offensive noise which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

B. It is unlawful for any person to make, continue, or cause to be made or continued, within the limits of Imperial County, to play a radio, phonograph, or other sound production or reproduction device in a public park or beach area or public parking lot or street adjacent thereto, over sixty (60) CNEL.

The operation of any radio, phonograph, television set, or any other sound production or reproduction device in any public park or on any public beach or any public parking lot or street adjacent to such park or beach, without the prior written approval of the director of parks and recreation, in such a manner that such a radio, phonograph, television set or sound production or reproduction device emits a sound level exceeding sixty (60) dB at any point fifty (50) feet or more from the noise source is prohibited.

C. It is unlawful for any person to make, continue, or cause to be made or continued, within the limits of Imperial County, any noise adjacent to a hospital, school, library, rest home, or long-term medical or mental care facility, which noise unreasonably interferes with the workings of such institutions or which disturbs or unduly annoys occupants in such institutions.

D. The characteristics and conditions which should be considered in determining whether a violation of the provisions of this section exists should include, but not be limited to the following:

1. The level of the 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 of ambient noise;

5. The proximity of the noise to sleeping facilities;

6. The nature and zoning of the area from which the noise emanates and the area where it is received;

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

8. The duration of the noise; and

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

(Prior code § 90703.00)

A. Audible burglar alarms for structures or motor vehicles shall be capable of being terminated within twenty (20) minutes of being activated.

B. Notwithstanding the requirements of this provision, any member of the sheriff department of Imperial County shall have the right to take such steps as may be reasonable and necessary to disconnect any such alarm installed in any building, dwelling, or motor vehicle at any time during the period of its activation. On or after thirty (30) days from the effective date of this chapter, any building, dwelling or motor vehicle upon which a burglar alarm has been installed shall prominently display the telephone number at which communication may be made with the owner of such building, dwelling, or motor vehicle.

(Prior code § 90703.01)

The following activities are declared to cause disturbing, excessive or offensive noise in violation of this section but the enumeration shall not be deemed to be exclusive:

A. Horns, Signaling Devices, etc. Unnecessary use or operation of horns, signaling devices, etc., on automobiles, motorcycles, or any other vehicle.

B. Radios, Television Sets, Phonographs, Loud Speaking Amplifiers and Similar Devices.

1. Uses Restricted. The use, operation, or permitting to be played, used or operated, any sound production or reproduction device, radio receiving set, musical instrument, drum phonograph, television set, loud speakers and sound amplifiers or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of any reasonable person of normal sensitivity in any residential or public area is prohibited. This provision shall not apply to any participant in a duly-licensed parade, or to any person who has been otherwise duly authorized by Imperial County to engage in such conduct.

2. Prime Facie Violations. The operation of any such device between the hours of ten p.m. and seven a.m. in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure, or vehicle in which it is located, shall be prima facie evidence of a violation of this section.

C. Animals.

1. The keeping or maintenance or the permitting to be kept or maintained upon any premises owned, occupied, or controlled by any person of any animal or animals which by any frequent or long-continued noise, shall cause annoyance or discomfort to a reasonable person of normal sensitiveness in the vicinity.

2. The noise from any such animal or animals that disturbs two or more residents residing in separate residences adjacent to any part of the property on which the subject animal or animals are kept or maintained, or three or more residents residing in separate residences in close proximity to the property on which the subject animal or animals are kept or maintained shall be prima facie evidence of a violation of this section.

(Prior code § 90703.02)