Kern County Municipal Code Ch. 8.36 Noise Control

As used in this chapter, the following words and phrases shall be defined and have the meaning ascribed to them as follows:

A. "Person" means and includes any individual, group of individuals, club, association, partnership or corporation.

B. "Loud and raucous noise" means any sound created and/or transmitted in any manner whatever which is of such volume, intensity or carrying power as to interfere with or disturb the reasonable and quiet comfortable enjoyment of life or property or which is adverse to the general public welfare in any neighborhood.

C. "Public address system" or "sound equipment" means any mechanical and/or electrical device for the reproduction, amplification or broadcasting of the human voice, music, or any other sound whatsoever.

D. "Permanent building" shall expressly be deemed to exclude any structure with outer walls or roof composed, in whole or in part, of canvas or similar materials, and any structure commonly described as an "open air pavilion."

E. "Broadcast" means any voice, music, or any sound whatever transmitted, amplified, reproduced or otherwise emitted from any public address system.

F. "Construction" means any activity associated with a project or work for which a permit may be required under the Kern County Code of Building Regulations.

G. "Construction site" is any parcel on which the construction is occurring.

H. "Emergency work" means work to restore property to a safe condition following a calamity, work required to protect persons or property from exposure to danger, or work by private or public utilities to restoring utility services.

(Ord. G-7577 § 2, 2007; Ord. G-6301 § 2, 1996; prior code § 6350)

It is unlawful for any person to do, or cause to be done, any of the following acts within the unincorporated areas of the county:

A. Operate any public address system in any event when the sound emanating therefrom can be heard beyond the confines of any permanent building to such degree that such sound constitutes a loud and raucous noise;

B. Operate upon any public street or highway any vehicle equipped with and operating any public address system when such operation constitutes a traffic hazard or interferes with the safe and orderly flow of traffic over and along any such public street or highway;

C. In any manner whatever willfully make, emit or transmit any loud or raucous noise upon or from any public street or highway or upon or from any public park or any public property whatever;

D. Operate any public address system when the sound emanating therefrom can be heard beyond the confines of a permanent building when such operation constitutes the promotion or advertisement of any private affair or business or commercial enterprise;

E. Operate any public address system when the sound emanating therefrom can be heard beyond the confines of a permanent building when such operation is for purposes other than the promotion or advertisement of any private affair or business or commercial enterprise unless such operation shall first be declared as hereinafter provided;

F. The provisions of subsection (D) of this section shall not prohibit the incidental sounding, between the hours of nine (9:00) a.m. and nine (9:00) p.m. of any day, of a musical sound apparatus consisting of bells or the sounding of a bell or horn when the sound thereof is not audible to a person of average hearing faculties or capacity at a distance of one hundred fifty (150) feet, when such incidental sounding is in connection with the ordinary use and operation of a tradesman's, peddler's, or huckster's cart, wagon or other vehicle; provided, however, that no such sounding in any event shall be permitted between the hours of nine (9:00) p.m. of any day and nine (9:00) a.m. of the following day;

G. Operate or permit to be operated any public address system or sound equipment so as to be audible to a person of average hearing faculties or capacity at a distance of:

1. One hundred fifty (150) feet from the public address system or sound equipment, if operated on a public street, sidewalk or any other public property; or

2. If operated elsewhere, one hundred fifty (150) feet from the property line of the property on which the public address system or sound equipment is located; or

3. Between the hours of eight (8:00) a.m. and midnight (12:00) a.m., one thousand (1,000) feet from the public address system or sound equipment connected with either short-term events held on public property with the consent of the responsible public agency, short-term public events held historically and regularly, or short-term events authorized by any kind of permit or license issued by the county. This subsection shall not apply to acts proscribed by Section 27007 of the California Vehicle Code, as amended from time to time.

H. Create noise from construction, between the hours of nine (9:00) p.m. and six (6:00) a.m. on weekdays and nine (9:00) p.m. and eight (8:00) a.m. on weekends, which is audible to a person with average hearing faculties or capacity at a distance of one hundred fifty (150) feet from the construction site, if the construction site is within one thousand (1,000) feet of an occupied residential dwelling except as provided below:

1. The development services agency director or his designated representative may for good cause exempt some construction work for a limited time.

2. Emergency work is exempt from this section.

(Ord. G-7577 § 3, 2007; Ord. G-6301 §§ 4, 5, 1996; prior code § 6351)

(Ord. No. G-8035, § 25, 4-20-10; Ord. No. G-8911, § 2, 2-25-20)

A violation of any provision of this title is guilty of a misdemeanor.

(Ord. G-7577 § 4, 2007)