Irwindale Municipal Code Ch. 9.28 Noise Regulation

Footnotes:

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* For statutory provisions dealing with noise control, see Health and Saf. Code § 46000 et seq.; for provisions on the requirement of noise element as a guideline for use in land development, see Gov. Code § 65302(G); for provisions on noise limits for motor vehicles, see Vehicle Code § 27200 et seq.

It is declared to be the policy of the city to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power and contrary to the public interest. At certain levels noises are detrimental to the health and welfare of the citizenry and in the public interest shall be systematically proscribed.

(Ord. 297 § 1(part), 1976: prior code § 4800).

As used in this chapter, unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows:

A. "Ambient base noise level" means reasonable and representative ambient noise levels in various land use categories in the city and at various times as established by the planning commission.

B. "Ambient noise level" means the all-encompassing noise associated with a given environment, usually being a composite of sounds with many sources excluding the alleged offensive noise at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

C. "Commercial purpose" means and includes the use, operation, or maintenance of any sound amplifying equipment for the purpose of advertising any business, or any good, or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show entertainment, exhibition, or event, or for the purpose of demonstrating any such sound equipment.

D. "Decibel (dB)" means a unit of level which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio.

E. "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 an imminent exposure to danger, or work performed by public utilities or public agencies and utility companies.

F. "Motor vehicles" includes, but is not limited to, off-road vehicles, minibikes and gocarts.

G. "Noise level" means the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty micronewtons per square meter. The unit of measure is the dB(A).

H. "Noncommercial purpose" means the use, operation, or maintenance of any sound amplifying equipment for other than a commercial purpose. "Noncommercial purpose" means and includes, but shall not be limited to, philanthropic, political, patriotic and charitable purposes.

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

J. "Sound amplifying equipment" means any machine or device for the amplification of the human voice, music, or any other sound. "Sound amplifying equipment" does not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. "Sound amplifying equipment," as used in this chapter, does not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

K. "Sound level meter" means an instrument meeting American National Standard Institute's Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

L. "Sound pressure level," in decibels, of a sound means twenty times the logarithm to the base ten of the ratio of the pressure of this sound to the reference pressure, which reference pressure shall be explicitly stated.

M. "Sound truck" means any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment.

(Ord. 297 § 1(part), 1976: prior code § 4801).

A. Where the ambient noise level is less than designated in this section, the ambient base noise level in this section shall govern.

B. Any noise at a level which exceeds the ambient or the ambient base level as set forth in subsection A of this section, whichever is greater, by more than ten dB when measured at any boundary line of the property from which the noise emanates shall constitute sufficient proof of a violation.

(Ord. 297 § 1(part), 1976: prior code § 4803).

It is unlawful for any person to wilfully make or continue, or cause to be made or continued any noise at a level which exceeds by more than five dB the ambient or the ambient base level as set forth in Section 9.28.030, whichever is greater, when measured at any boundary line of the property from which the noise emanates.

(Ord. 297 § 1(part), 1976: prior code § 4804).

It is unlawful for any person within any residential zone of the city to use or operate any radio receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound in a manner which would constitute a violation of Section 9.28.040.

(Ord. 297 § 1(part), 1976: prior code § 4820).

It is unlawful for any person within the city to sell anything by outcry within any area of the city zones for residential uses.

(Ord. 297 § 1 (part), 1976: prior code § 4821).

It is unlawful for any person to use any drum or other instrument or device of any kind for the purpose of attracting attention for commercial purposes by the creation of noise within the city. This section shall not apply to any person who is a participant in a duly authorized parade or who has been otherwise duly authorized to engage in such conduct.

(Ord. 297 § 1(part), 1976: prior code § 4822).

It is unlawful for any person to create any noise on any street, sidewalk or public place adjacent to any school, institution of learning, or church while the same is in use, if such noise unreasonably interferes with the working of such institution or would constitute a violation of Section 9.28.040.

(Ord. 297 § 1(part), 1976: prior code § 4823).

No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound, cry, or behavior, shall cause noise in any residential neighborhood which would constitute a violation of Section 9.28.040, or otherwise constitute a nuisance.

(Ord. 297 § 1(part), 1976: prior code § 4824).

It is unlawful for any person to operate any machinery, equipment, pump, fan, air-conditioning apparatus, or similar mechanical device in any manner so as to create any noise which would cause the noise level at any boundary line of any property from which such noise emanates to exceed the ambient noise level or the ambient base level as set forth in Section 9.28.030, whichever is greater, by more than ten decibels; provided, however, this section shall not prevent the reasonable operation of customary household gardening equipment or hobby shop equipment during the hours of eight a.m. to nine p.m., Monday through Saturday, and ten a.m. to eight p.m. on Sunday, provided the same may not exceed eighty decibels (as measured from the adjacent property line) for more than three hours from sunup to sundown.

(Ord. 297 § 1(part), 1976: prior code § 4825).

A. It is unlawful for any person within a residential zone, or within a radius of five hundred feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects or to operate any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other construction type device on a development requiring a city permit, in such a manner that noise is produced which would constitute a violation of Section 9.28.040, unless beforehand authorization therefor has been duly obtained from the building inspector. Such activity is unlawful without a permit during all hours on Sunday. No permit shall be required to perform emergency work as defined in subsection E of 9.28.020.

B. Construction authorized by subsection A of this section shall be limited to seven a.m. to seven p.m.

(Ord. 297 § 1(part), 1976: prior code § 4830).

The noise level from industrial plants, auto wreckers, junkyards, racetracks or other industrial user shall not exceed the levels set forth in Section 9.28.040, except as may be specifically authorized by permit from the city.

(Ord. 297 § 1(part), 1976: prior code § 4860).

It is unlawful for any person within any residential area of the city to repair, rebuild or test any motor vehicle thereby producing noise which would constitute a violation of Section 9.28.040.

(Ord. 297 § 1 (part), 1976: prior code § 4840).

It is unlawful for any person to operate any motor-driven vehicle within the city in such a manner producing noise which would constitute a violation of Section 9.28.040.

(Ord. 297 § 1(part), 1976: prior code § 4841).

The council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety and welfare for its citizenry. While recognizing that the use of sound amplifying equipment for certain purposes is protected by the constitutional rights of freedom of speech and assembly, the council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise.

(Ord. 297 § 1(part), 1976: prior code § 4850).

It is unlawful for any person to install, use, or operate within the city for commercial purposes, a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon an.y sound truck.

(Ord. 297 § 1(part), 1976: prior code § 4851).

It is unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use or operate within the city for noncommercial purposes a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place or public property without first filing a registration statement and obtaining approval thereof, as set forth in Section 9.28.180.

(Ord. 297 § 1(part), 1976: prior code § 4852).

A. Filing. Every user of sound amplifying equipment for noncommercial purposes shall file a registration statement with the chief of police ten days prior to the date on which the sound amplifying equipment is intended to be used, which statement shall contain the following information:

1. The name, address and telephone number of both the owner and user of the sound amplifying equipment;

2. The maximum sound producing power of the sound amplifying equipment which shall include the wattage to be used, the volume in decibels of sound which will be produced, and the approximate distance for which sound will be audible from the sound amplifying equipment;

3. The license and motor number if a sound truck is to be used;

4. A general description of the sound amplifying equipment which is to be used; and

5. The nature of the use of the sound amplifying equipment proposed to be used for noncommercial purposes.

B. Approval. The chief of police shall return to the applicant an approved certified copy of the registration statement unless he finds that:

1. The conditions of the motor vehicle movement are such that in the opinion of the chief of police, use of the equipment would constitute a detriment to traffic safety; or

2. The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or

3. The registration statement required reveals that the applicant would violate the provisions set forth in Section 9.28.150, or any other provisions of this code.

C. Disapproval. In the event the registration statement is disapproved, the chief of police shall endorse upon the statement his reasons for disapproval and return it forthwith to the applicant.

D. Revocation. Any such permit may be revoked for violation of Section 9.28.150.

(Ord. 297 § 1(part), 1976: prior code § 4853).

Any person aggrieved by disapproval of a registration statement may file an appeal to the city council within ten days of the date of disapproval. The city council shall decide the appeal at its next meeting.

(Ord. 297 § 1(part), 1976: prior code § 4854).

The noncommercial use of sound amplifying equipment shall be subject to the following regulations:

A. The only sound permitted shall be either music or human speech or both.

B. The operation of sound amplifying equipment shall only occur between the hours of eight a.m. and six p.m. each day except on Sundays and legal holidays. The operation of sound amplifying equipment on Sundays and legal holidays shall only occur between the hours of ten a.m. and six p.m.

C. No sound emanating from sound amplifying equipment shall exceed fifteen dB above the ambient as measured at any property line.

D. Notwithstanding the provisions of subsection C of this section, sound amplifying equipment shall not be operated within two hundred feet of churches, schools, or city or county buildings, except by special permit.

E. In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing or a nuisance to reasonable persons of normal sensitiveness within the area of audibility.

(Ord. 297 § 1(part), 1976: prior code § 4855).

Notwithstanding any other provision of this chapter, it is unlawful for any person to wilfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood.

(Ord. 297 § 1(part), 1976: prior code § 4870).

The standards which may be considered in determining whether a violation of the provisions of Section 9.28.210 exists shall include, but not be limited to, the following:

A. The loudness of the noise;

B. The intensity of the noise;

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

D. Whether the origin of the noise is natural or unnatural;

E. The loudness and intensity of the background noise, if any;

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

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

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

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

J. The duration of the noise;

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

L. Whether the noise is produced by a commercial or residential activity.

(Ord. 297 § 1(part), 1976: prior code § 4871).

The provisions of this chapter shall not apply to:

A. Sound produced by motor vehicles as regulated by sound limitation provisions of the California Vehicle Code when such vehicle is located or operated on any public street, right-of-way or highway;

B. Aircraft operated in conformity with federal law;

C. Public and private schools, organized activities including sports, carnivals, assemblies and other regular activities;

D. Construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation departments, public works projects or essential public services and facilities, including those of public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission;

E. Activities of the federal, state or local government;

F. Any noise continuing for less than thirty seconds at intervals greater than once in three hours.

(Ord. 297 § 1(part), 1976: prior code § 4880).

Nothing in this chapter shall authorize any use otherwise prohibited or regulated by this code.

(Ord. 297 § 1(part), 1976: prior code § 4808).

Enforcement of the provisions of this chapter shall be based on a noise level measurement to establish the noise level. The measurement shall be taken in accordance with the city's administrative instruction concerning noise level measurement procedure.

(Ord. 297 § 1(part), 1976: prior code § 4802).

A. Definitions. For the purpose of this section:

1. "Major party" means a group of more than fifty persons meeting together for social, recreational or amusement purposes, but excluding meetings for political, charitable or religious purposes.

2. "Residence" means:

a. any property used for residential use; and

b. any property situated in any of the residential zones as defined and zoned in the zoning code of this city.

3. "Publicized" means an open invitation circulated by flyer or advertised by publication, posting or distribution in or about public places suggesting unlimited or unreserved attendance.

4. "Commercial" means the suggestion or request of a monetary charge for admission.

5. "Permit" means a permit issued by either the city council, city manager or police chief. Such permit shall be issued upon application unless the issuer finds that such party will (or is likely to) cause problems relating to traffic, overcrowding, noise, hours after eleven p.m. or other matters affecting residential quality of life. Such permits may also contain appropriate conditions.

B. It is unlawful to have or permit a publicized commercial major party in a residence in this city without a permit or other than in compliance with such permit.

C. violation of this section is punishable by a fine not to exceed five hundred dollars or by imprisonment for not to exceed six months, or by both such fine and imprisonment.

(Ord. 408 § 1, 1986: Ord. 366 § 1, 1983).

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding five hundred dollars or be imprisoned in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(Ord. 297 § 1(part), 1976: prior code § 4805).

As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

(Ord. 297 § 1(part), 1976: prior code § 4806).