Ione Municipal Code Ch. 9.16 Noise Control

A. In order to control unnecessary, excessive and annoying sounds emanating from the city, it is the policy of the city to regulate such sounds generated from all sources as specified in this chapter. The intent of this chapter is to protect residential land uses from unnecessary, excessive and annoying sounds.

B. It is determined that certain sound levels are detrimental to the public health, welfare and safety, and contrary to public interest.

C. The establishment of maximum permissible noise levels will further the public health, safety, welfare and peace and quiet of the city inhabitants.

(Ord. No. 478, 6-14-2016)

The following words, phrases and terms as used in this chapter shall have the meaning as indicated below:

A. "Commercial activity" means activities associated with real estate zoned for use by for-profit businesses, and is intended to accommodate a wide range of commercial, retail, service and office uses; such as office complexes, shopping malls, service stations, restaurants, and industrial noise for manufacturing and production.

B. "Emergency machinery, vehicle or work" means any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service.

C. "Fixed noise source" means a stationary noise source which creates sounds while fixed or motionless, including but not limited to construction equipment, industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.

D. "Grading" means any excavating or filling of earth material or any combination thereof conducted to prepare a site for construction or other improvements thereon.

E. "Impact noise" means the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest.

F. "Loud and raucous noise" means any sound, which is plainly audible from a distance of 100 feet from the source of the noise, which because of its volume level, duration, or character, annoys, disturbs, injures or endangers the comfort, health, peace, or safety of a reasonable person of ordinary sensibility within the limits of the city.

1. Loud and raucous noise specifically includes, but is not limited to, the kinds of noise generated by the activities enumerated in Section 9.16.040, and specifically excludes the kinds of noise generated by the activities described in Section 9.16.050.

G. "Mobile noise source" means any noise source other than a fixed noise source.

H. "Non-commercial activity" means activities associated with real estate zoned for use suitable for single-family residential neighborhoods, apartments, townhouses, condominiums, and manufactured home parks, and to include churches, schools, neighborhood parks, comparable public facilities, group day care facilities, and essential utility locations.

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

J. "Recurring impulsive noise" means a noise of short duration, usually less than one second, with an abrupt onset and rapid decay, which occurs repeatedly or in a cyclical manner. Examples include jack hammering, pile driving, or operational noise from a generator or other mechanical equipment that is cyclical in nature.

K. "Residential property" means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.

L. "School" means the formal setting of public or private education and includes any pre-school, day-care center, elementary or secondary education facilities serving grades 1 through 12, including denomination and sectarian. Charter-schools, kindergartens and military academies are also included. For purposes of this chapter, school does not include home education.

M. "Youth activities" are generally defined as activities that intentionally seek to impact young people, to satisfy common needs and interests, to foster civic responsibility, to carry out informal education, to organize employment, sport, tourism, religious, cultural and professional activities, to promote international cooperation, and/or to foster voluntary youth work.

a. For purposes of this chapter, "religious youth activity" means an age-specific religious ministry or organization whose intention is to carry out youth ministry and involve and engage with young people who attend their places of worship or live in their community. Religious youth activities include, but are not limited to, encouraging young people to learn more about a given faith and to become more involved in spiritual life, providing open youth clubs for the common good of young people, as well as providing forms of religious instruction and pastoral oversight of young people.

(Ord. No. 478, 6-14-2016)

Factors which may be considered in determining whether a violation of the provisions of this section exists may include, but shall not be limited to, the following:

A. The volume of the objectionable noise;

B. The volume and intensity of the background noise, if any;

C. The day of the week;

D. The number of persons affected;

E. The proximity of the noise to residential sleeping facilities;

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

G. The density of the inhabitation of the area within which the noise emanates;

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

I. The duration of the noise and its tonal, informational or musical content;

J. Whether the nature of the noise is usual or unusual;

K. Whether the origin of the noise is natural (i.e., not caused or produced by a person or persons) or unnatural;

L. Whether the noise is continuous, recurrent or intermittent; and

M. Whether the noise is produced by a commercial or non-commercial activity.

(Ord. No. 478, 6-14-2016)

A. It shall be unlawful for any person to willfully or knowingly make, or continue to cause to be made, any loud and raucous noise that is plainly audible from a distance of 100 feet or more for a period of more than 15 minutes.

B. The following specific acts, without regard to duration of the noise and subject to the exemptions provided in Ione Municipal Code Section 9.16.050, are declared to be public nuisances in violation of Ione Municipal Code Chapter 9.16.

1. The loud and raucous discharge into the open air of the steam of any steam equipment or exhaust from any stationary internal-combustion engine;

2. The loud and raucous use or operation of any radio, amplifier, phonograph, stereo, compact disc or tape player, loudspeaker, bullhorn, megaphone or other device for the producing or reproducing of sound;

3. Loud and raucous yelling, shouting, talking, whistling or singing between the hours 9:00 p.m. and 7:00 a.m. on Monday through Thursday, and between the hours of 10:00 p.m. 7:00 a.m. on Friday through Sunday, or on any Federal or State Holiday;

4. The loud and raucous use of any drum, guitar, horn or other musical instrument or device;

5. The loud raucous operation or use of any of the following before 7:00 a.m. or after 9:00 p.m. on Monday through Thursday, and after 10:00 p.m. on Friday through Sunday, or on any Federal or State Holiday;

a. A hammer, or any other device or implement used to pound or strike an object;

b. An impact wrench or other tool or equipment powered by compressed air;

c. A power saw;

d. A leaf-blower;

e. Any tool or piece of equipment powered by an internal-combustion engine such as, but not limited to, chain saw, backpack blower, and lawn mower. Except as included in subsection (5)(g) of this section, motor vehicles, powered by an internal-combustion engine and subject to the California Vehicle Code, are excluded from this prohibition;

f. Any electronically powered (whether by alternating current electricity or by direct current electricity) tool or piece of equipment used for cutting, drilling, or shaping wood, plastic metal, or other materials or objects, such as, but not limited to, a saw, drill, lathe or router;

g. Any of the following: heavy equipment (such as, but not limited to, bulldozer, steam shovel, road grader, back hoe) ground drilling and boring equipment (such as, but not limited to, derrick or dredge), hydraulic crane, and boom equipment, portable power generator or pump, pavement equipment (such as, but not limited to, pneumatic hammer, pavement breaker, tamper, compacting equipment), pile-driving equipment, vibrating roller, sand blaster, gunite machine, trencher, concrete truck and hot kettle pump;

h. Any construction, demolition, excavation, erection, alteration, or repair activity;

i. In the case of necessity and/or in the interest of public health, safety or convenience, the chief building official or chief of police may issue a permit for exemption from the requirements within subsection (B)(5) of this section. Such period shall not exceed three working days in length but may be renewed for successive periods. The chief building official or chief of police may limit such permit as to time of use and/or permitted action, depending upon the nature of the circumstances and the type of action requested.

(Ord. No. 478, 6-14-2016)

The following activities shall be exempted from the provisions of this chapter:

A. Cries for emergency assistance and warning calls;

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

C. School bands, school athletic and school entertainment events;

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

E. Outdoor gatherings, public dances, shows, and sporting and entertainment events provided such events are conducted pursuant to any permit requirements established by the city;

F. Activities typically conducted on public parks, public playgrounds, and public or private school grounds, including, but not limited to, playing sports, running, jumping, yelling, BBQ's, equestrian activities, playing music, concerts, fireworks displays, or other organized community activities, provided said activities take place between the hours of 7:00 a.m. and 9:00 p.m. on any given day;

G. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work;

H. Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities take place between hours of 7:00 a.m. and 9:00 p.m. on any day. Noise generated outside of the hours specified are subject to the noise standard identified in Section 9.16.030;

I. All mechanical devices, apparatus or equipment which are utilized for the projection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions;

J. Noise sources associated with agricultural operations provided such operations take place between the hours of 7:00 a.m. and 9:00 p.m. on any day;

K. Noise sources associated with agricultural pest control through pesticide application, provided that the application is made in accordance with restricted material permits issued by or regulations enforced by the Agricultural Commissioner;

L. Industrial or commercial noise affecting residential units, when the residential unit is on the same premises as said industrial or commercial use (e.g. caretaker's dwellings);

M. The collection of solid waste is exempted to the extent that the noise of such collection regulated by Ione Municipal Code Chapter 8.04. That noise not covered by Ione Municipal Code Chapter 8.04 is not exempted from the requirements of this chapter;

N. Street sweeping by city-owned or operated street sweepers;

O. Any maintenance or construction activity undertaken by a public agency or utility within street right-of-way.

P. Mobile noise sources including but not limited to operational noise from trains, or automobiles or trucks traveling on roadways and aircraft;

Q. Any activity to the extent regulation thereof has been preempted by State or Federal Law;

R. Activities of Mule Creek State Prison, California Department of Forestry and Fire Protection and California Department of Transportation are exempted from the regulations of this chapter.

(Ord. No. 478, 6-14-2016)

It is unlawful for any person to create any noise which unreasonably interferes with the use of any school, hospital or church, while the same is in use, or which unreasonably disturbs or annoys patients in the hospital, provided conspicuous signs are displayed in three separate locations within one-tenth of a mile of the institution indicating the presence of a school, hospital or church.

(Ord. No. 478, 6-14-2016)

The location selected for measuring exterior noise levels shall be the point closest to the noise source along the perimeter of the outdoor activity area (such as a private yard, patio, balcony, or common recreation area) of the affected residential receiving property. If the location of the outdoor activity area is unknown or unclear, the noise standard shall be applied at the point closest to the noise source along the property line of the affected residential receiving property.

(Ord. No. 478, 6-14-2016)

A. The chief building official or police chief or his/her designee, are directed to enforce the provisions of this chapter.

B. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his duty.

(Ord. No. 478, 6-14-2016)

Notwithstanding any other provisions of this chapter and in addition thereto, it is unlawful for any person to willfully make, continue, maintain, permit or cause to be made, continued, maintained, or permitted, any loud, unnecessary and unusual noise which disturbs the peace or quiet of any residential property or which causes discomfort or annoyance to any reasonable person or normal sensitivity residing in the area. It shall be a prima facie violation of this section if any power tool, radio, receiving set, television, music amplifier, tape player, record player, compact disc player, musical instrument or similar device is played, used or permitted to be played or used between the hours of 9:00 p.m. and 7:00 a.m. when audible from a distance of 100 feet from the property line of the noise source or from a distance of 150 feet from any non-stationary noise source. For the purpose of this chapter, these prohibitions shall also be applied to stationary vehicles parked on the street or on private property. The determination may be made by a peace officer or may be proven by the testimony of any other person. Furthermore, and in addition to the provisions of this chapter, noise prohibitions pursuant to Penal Code Section 415 may also be applied.

(Ord. No. 478, 6-14-2016)

A. Any violation of this chapter is a public nuisance and may be abated in accordance with law. The expense of such abatement may, by resolution of the city council, be declared to be a lien against the property on which such nuisance is maintained, and such lien shall be made a personal obligation of the property owner.

B. Violation [of] this title shall result in a fine not to exceed $100.00 per day for which the violation continues and will further subject the offending party to all costs and expenses necessary to abate the nuisance including but not limited to attorney fees and costs.

C. Violations of this section shall be enforced in accordance with the code of enforcement policies and procedures adopted by the city council.

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

1. The volume of the objectionable noise;

2. The volume and intensity of the background noise, if any;

3. The day of the week;

4. The number of persons affected;

5. The proximity of the noise to residential sleeping facilities;

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

7. The density of the inhabitation of the area within which the noise emanates;

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

9. The duration of the noise and its tonal, informational or musical content;

10. Whether the nature of the noise is usual or unusual;

11. Whether the origin of the noise is natural (i.e., not caused or produced by a person or persons) or unnatural;

12. Whether the noise is continuous, recurrent or intermittent; and

13. Whether the noise is produced by a commercial or noncommercial activity.

(Ord. No. 478, 6-14-2016)

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. The provisions of this chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law.

(Ord. No. 478, 6-14-2016)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

(Ord. No. 478, 6-14-2016)