Jurupa Valley Municipal Code Ch. 11.05 Noise Regulations

At certain levels, sound becomes noise and may jeopardize the health, safety or general welfare of City of Jurupa Valley residents and degrade their quality of life. Pursuant to its police power, the City Council declares that noise shall be regulated in the manner described in this chapter. This chapter is intended to establish city-wide standards regulating noise. This chapter is not intended to establish thresholds of significance for the purpose of any analysis required by the California Environmental Quality Act (Pub. Resources Code Section 21000 et seq.) and no such thresholds are established.

(Ord. No. 2012-01, § 1(11.10.010), 2-16-2012)

Sound emanating from the following sources is exempt from the provisions of this chapter:

(1) Facilities owned or operated by or for a governmental agency;

(2) Capital improvement projects of a governmental agency;

(3) The maintenance or repair of public properties;

(4) Public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobile;

(5) Public or private schools and school-sponsored activities;

(6) Agricultural operations on land designated "agriculture" in the Jurupa Valley General Plan, or land zoned A-1 (light agriculture), A-P (light agriculture with poultry), A-2 (heavy agriculture), or A-D (agriculture-dairy), provided such operations are carried out in a manner consistent with accepted industry standards. This exemption includes, without limitation, sound emanating from all equipment used during such operations, whether stationary or mobile;

(7) Wind energy conversion systems (WECS), provided such systems comply with the WECS noise provisions of Jurupa Valley Municipal Code or Title 9;

(8) Private construction projects located one-quarter (¼) of a mile or more from an inhabited dwelling;

(9) Private construction projects located within one-quarter (¼) of a mile from an inhabited dwelling, provided that:

(a) Construction does not occur between the hours of six (6:00) p.m. and six (6:00) a.m. during the months of June through September; and

(b) Construction does not occur between the hours of six (6:00) p.m. and seven (7:00) a.m. during the months of October through May;

(10) Property maintenance, including, but not limited to, the operation of lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours of seven (7:00) a.m. and eight (8:00) p.m.;

(11) Motor vehicles, other than off-highway vehicles. This exemption does not include sound emanating from motor vehicle sound systems;

(12) Heating and air conditioning equipment;

(13) Safety, warning and alarm devices, including, but not limited to, house and car alarms, and other warning devices that are designed to protect the public health, safety, and welfare; or

(14) The discharge of firearms consistent with all state laws.

(Ord. No. 2012-01, § 1(11.10.020), 2-16-2012)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Audio equipment means a television, stereo, radio, tape player, compact disc player, mp3 player, iPod or other similar device.

Decibel (dB) means a unit for measuring the relative amplitude of a sound equal approximately to the smallest difference normally detectable by the human ear, the range of which includes approximately one hundred and thirty (130) decibels on a scale beginning with zero decibels for the faintest detectable sound. Decibels are measured with a sound level meter using different methodologies as defined below:

(1) "A-weighting (dBA)" means the standard A-weighted frequency response of a sound level meter, which de-emphasizes low and high frequencies of sound in a manner similar to the human ear for moderate sounds.

(2) "Maximum sound level (Lmax)" means the maximum sound level measured on a sound level meter.

Governmental agency means the United States, the State of California, Riverside County, City of Jurupa Valley, any city within Riverside County, any special district within Riverside County or any combination of these agencies.

Land use permit means a discretionary permit issued by Jurupa Valley pursuant to Jurupa Valley Municipal Code or Title 9.

Motor vehicle means a vehicle that is self-propelled.

Motor vehicle sound system means a stereo, radio, tape player, compact disc player, mp3 player, iPod or other similar device.

Noise means any loud, discordant or disagreeable sound.

Occupied property means property upon which is located a residence, business or industrial or manufacturing use.

Off-highway vehicle means a motor vehicle designed to travel over any terrain.

Public or private school means an institution conducting academic instruction at the preschool, elementary school, junior high school, high school, or college level.

Public property means property owned by a governmental agency or held open to the public, including, but not limited to, parks, streets, sidewalks, and alleys.

Sensitive receptor means a land use that is identified as sensitive to noise in the noise element of the Jurupa Valley General Plan, as applicable to the City of Jurupa Valley by Chapter 1.35, including, but not limited to, residences, schools, hospitals, churches, rest homes, cemeteries or public libraries.

Sound-amplifying equipment means a loudspeaker, microphone, megaphone or other similar device.

Sound level meter means an instrument meeting the standards of the American National Standards Institute for Type 1 or Type 2 sound level meters or an instrument that provides equivalent data.

(Ord. No. 2012-01, § 1(11.10.040), 2-16-2012)

No person shall create any sound, or allow the creation of any sound, on any property that causes the exterior sound level on any other occupied property to exceed the sound level standards set forth in Table 1 of this section or that violates the special sound source standards set forth in Section 11.05.060.

Table 1 Sound Level Standards (Db Lmax)

(Ord. No. 2012-01, § 1(11.10.040), 2-16-2012)

If the sound standard being applied is measured in decibels, then sound level measurements pursuant to this section shall be required to establish a violation of this chapter. If the sound standard being applied is not measured in decibels, then sound level measurements are not required to establish a violation of this chapter. Sound level measurements may be made anywhere within the boundaries of an occupied property. The actual location of a sound level measurement shall be at the discretion of the Enforcement Officials identified in Section 11.05.080. Sound level measurements shall be made with a sound level meter. Immediately before a measurement is made, the sound level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of the American National Standards Institute. Following a sound level measurement, the calibration of the sound level meter shall be re-verified. Sound level meters and calibration equipment shall be certified annually.

(Ord. No. 2012-01, § 1(11.10.050), 2-16-2012)

The general sound level standards set forth in Section 11.05.040 apply to sound emanating from all sources, including the following special sound sources, and the person creating, or allowing the creation of, the sound is subject to the requirements of that section. The following special sound sources are also subject to the following additional standards, the failure to comply with which constitute separate violations of this chapter:

(1) Motor vehicles.

(a) Off-highway vehicles.

(i) No person shall operate an off-highway vehicle unless it is equipped with a USDA-qualified spark arrester and a constantly operating and properly maintained muffler. A muffler is not considered constantly operating and properly maintained if it is equipped with a cutout, bypass or similar device.

(ii) No person shall operate an off-highway vehicle unless the noise emitted by the vehicle is not more than ninety-six (96) dBA if the vehicle was manufactured on or after January 1, 1986, or is not more than one hundred and one (101) dBA if the vehicle was manufactured before January 1, 1986. For purposes of this subsection, emitted noise shall be measured a distance of twenty (20) inches from the vehicle tailpipe using test procedures established by the Society of Automotive Engineers under Standard J-1287.

(b) Sound systems. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, between the hours of ten (10:00) p.m. and eight (8:00) a.m., such that the sound system is audible to the human ear inside any inhabited dwelling. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, at any other time such that the sound system is audible to the human ear at a distance greater than one hundred (100) feet from the vehicle. Sound level measurements may be used, but are not required to establish a violation of this subsection.

(2) Power tools and equipment. No person shall operate any power tools or equipment between the hours of ten (10:00) p.m. and eight (8:00) a.m. such that the power tools or equipment are audible to the human ear inside an inhabited dwelling other than a dwelling in which the power tools or equipment may be located. No person shall operate any power tools or equipment at any other time such that the power tools or equipment are audible to the human ear at a distance greater than one hundred (100) feet from the power tools or equipment. Sound level measurements may be used, but are not required to establish a violation of this subsection.

(3) Audio equipment. No person shall operate any audio equipment, whether portable or not, such that the equipment is audible to the human ear at a distance greater than one hundred (100) feet from the equipment. Sound level measurements may be used, but are not required to establish a violation of this subsection.

(4) Sound-amplifying equipment and live music. No person shall install, use or operate sound-amplifying equipment, or perform, or allow to be performed, live music if the sound emanating from sound-amplifying equipment or live music is audible to the human ear at a distance greater than one hundred (100) feet from the equipment or music. To the extent that these requirements conflict with any conditions of approval attached to an underlying land use permit, these requirements shall control. Sound level measurements may be used, but are not required to establish a violation of this subsection.

(Ord. No. 2012-01, § 1(11.10.060), 2-16-2012; Ord. No. 2015-08, § 1, 6-18-2015)

Exceptions may be requested from the standards set forth in Section 11.10.040 or 11.10.060 of this chapter and may be characterized as construction-related or continuous-events exceptions.

(1) Application and processing.

(a) Construction-related exceptions. An application for a construction-related exception shall be made to and considered by the Building Official of the city on forms provided by the Building and Safety Division and shall be accompanied by the appropriate filing fee. No public hearing is required.

(b) Continuous events exceptions. An application for a continuous events exception shall be made to the Community Development Director on forms provided by the Planning Department and shall be accompanied by the appropriate filing fee. Upon receipt of an application for a continuous events exception, the Community Development Director shall set the matter for public hearing before the Planning Commission, notice of which shall be given as provided in Section 9.240.250 of this Code. Notwithstanding the above, an application for a continuous events exception that is associated with an application for a land use permit shall be processed concurrently with the land use permit in the same manner that the land use permit is required to be processed.

(2) Requirements for approval. The appropriate decision-making body or officer shall not approve an exception application unless the applicant demonstrates that the activities described in the application would not be detrimental to the health, safety or general welfare of the community. In determining whether activities are detrimental to the health, safety or general welfare of the community, the appropriate decision-making body or officer shall consider such factors as the proposed duration of the activities and their location in relation to sensitive receptors. If an exception application is approved, reasonable conditions may be imposed to minimize the public detriment, including, but not limited to, restrictions on sound level, sound duration and operating hours.

(3) Appeals. The Building Official's decision on an application for a construction-relation exception is considered final. After making a decision on an application for a continuous-events exception, the appropriate decision-making body or officer shall mail notice of the decision to the applicant. Within ten (10) calendar days after the mailing of such notice, the applicant or interested person may appeal the decision pursuant to and in accordance with the provisions of Chapter 2.40 of this Code.

(Ord. No. 2012-01, § 1(11.10.070), 2-16-2012; Ord. No. 2015-08, § 2, 6-18-2015; Ord. No. 2016-04, § 11(11.10.070), 4-7-2016; Ord. No. 2021-09, § 4, 4-15-2021)

A. Violation of the provisions of this chapter may be enforced pursuant to the enforcement provisions set forth in Title 1 of this Code, including Chapter 1.10, Code Enforcement Generally, Chapter 1.15, Criminal Prosecution, Chapter 1.20, Administrative Penalties, or Chapter 1.25, Public Nuisance Injunctions.

B. The fine schedule for a violation of this chapter enforced pursuant to Chapter 1.20, shall be in the amount of:

(1) Two hundred dollars ($200) for the first violation occurring within a three hundred and sixty-six (366) day period;

(2) Five hundred dollars ($500) for a second violation occurring within three hundred and sixty-six (366) days of the first violation;

(3) Seven hundred and fifty dollars ($750) for a third violation occurring within three hundred and sixty-six (366) days of the first violation; or

(4) One thousand dollars ($1,000) for a fourth violation and each subsequent violation occurring within three hundred and sixty-six (366) days of the first violation.

C. The fines set forth in subsection (B) of this section may be modified by a resolution of the City Council establishing an administrative citation schedule not to exceed one thousand dollars ($1,000) per violation and which may include increased fines for repeat violations and penalties.

D. The City Manager or his designee may reduce the fines set forth in subsections (B) or (C) of this section in the event he or she finds that the violation is not likely to reoccur, the violator cooperated with Enforcement Officials in attempting to enforce the provisions of this chapter and resolve the issues giving rise to the violation, the actions of the violator giving rise to the violation were not malicious and were not taken in deliberate disregard of the provisions of this chapter, and the ends of justice would not be served by imposing the full fine.

(Ord. No. 2012-01, § 1(11.10.080), 2-16-2012)

No person shall refuse to cooperate with, or obstruct, the Enforcement Officials identified in Section 11.05.080 when they are engaged in the process of enforcing the provisions of this chapter. This duty to cooperate may require a person to extinguish a sound source so that it can be determined whether sound emanating from the source violates the provisions of this chapter.

(Ord. No. 2012-01, § 1(11.10.090), 2-16-2012)