La Mesa Municipal Code Ch. 10.80 Noise Regulation

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

(Ord. 2175; December 28, 1978)

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 Noise. "Ambient noise" is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this ordinance, ambient noise level is the level obtained when the noise level is averaged over a period of 15 minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made.

(b) Decibel. "Decibel" shall mean a unit of level when the base of the logarithm is the tenth root of ten and the quantities concerned are proportional to power.

(c) Emergency Work. "Emergency work" shall mean 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 by private or public utilities when restoring utility service. 10.80.020

(d) Frequency. "Frequency" of a function periodic in time shall mean the reciprocal of the primitive period. The unit is the hertz and shall be specified.

(e) Hertz. "Hertz" shall mean the complete sequence of values of a periodic quantity which occurs during a period.

(f) Microbar. "Microbar" shall mean a unit of pressure commonly used in acoustics and is equal to one (1) dyne per square centimeter.

(g) Period. "Period" of a periodic quantity shall mean the smallest increment of time for which the function repeats itself.

(h) Periodic Quantity. "Periodic quantity" shall mean oscillating quantity, the values of which recur for equal increments of time.

(i) Person. "Person" shall mean a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.

(j) Sound Level. "Sound level" (noise level) in decibels (dB) is the sound measured with the "A" weighting and slow response by a sound level meter.

(k) Sound Level Meter. "Sound level meter" shall mean an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels which satisfies the pertinent requirements in American Standard Specifications for sound level meters S1.4-1971 or the most recent revision thereof.

(l) Motor Vehicles. "Motor vehicles" shall include, but not be limited to, mini-bikes and go-carts.

(m) Sound Amplifying Equipment. "Sound amplifying equipment" shall mean any machine or device for the amplification of the human voice, music, or any other sound. "Sound amplifying equipment" shall 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, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

(n) Sound Truck. "Sound truck" shall mean 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.

(o) Commercial Purpose. "Commercial purpose" shall mean and include the use, operation, or maintenance of any sound amplifying equipment for the purpose of advertising any business, or any goods, 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 such sound equipment.

(p) Noncommercial Purpose. "Noncommercial purpose" shall mean the use, operation, or maintenance of any sound equipment for other than a "commercial purpose." "Noncommercial purpose" shall mean and include, but shall not be limited to, philanthropic, political, patriotic, and charitable purposes.

(q) "Landscaping" means work performed on private or public property to modify or ornament a natural landscape by altering the plant cover.

(r) "Landscaping power equipment" means any leaf blower, wood chipper, lawn mower, electric trimmer, chain saw, lawn edger, weed whacker, pressure washer or other similar type equipment used for maintenance of landscapes or hardscape areas.

(s) "Maintenance power equipment" means any pressure washer, power drill, power sander, nail gun, wet/dry vaccum or other similar type equipment used in home improvements or non-construction activity.

(Ord. 2175; December 28, 1978: Ord. 2740 § 1 (part); November 12, 2003)

Any sound level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using the "A" weighting.

(Ord. 2175; December 28, 1978)

Where the ambient noise level is less than designated in this section, the respective noise level in this section shall govern. The noise level to be observed in all measurements shall be that specified for the zone applicable to the property adjoining that on which the noise is generated and closest to the noise source.

Sound Level A, Decibels

(Ord. 2207; November 30, 1979)

It shall be unlawful for any person to violate any provision of this chapter. A violation of any of the provisions or failing to comply with any mandatory requirements of this chapter shall constitute an infraction and shall be subject to the provisions of the general penalty clause as set out in Section 1.01.080 of the code of the city of La Mesa.

(Ord. 2175; December 28, 1978: Ord. 2638 § 2; November 23, 1993)

As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health, or peace of residents in the area, shall be deemed and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction by a court of competent jurisdiction.

(Ord. 2175; December 28, 1978)

If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not effect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are hereby declared to be severable.

(Ord. 2175; December 28, 1978)

(a) Use restricted. It shall be 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 (between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day) in such a manner as to disturb the peace, quiet, and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in the area.

(b) Prima facie violation. Any noise level exceeding the ambient base level (i) within any living unit in a multiple family dwelling, (ii) within a non-residential principal building where people are present on a regular basis, or (iii) removed at least 50 feet or more from a single family dwelling shall be deemed to be prima facie evidence of a violation of the provisions of this section.

(Ord. 2207; November 30, 1979)

It shall be unlawful for any person to install or operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device which can be or is operated in any manner so as to create noise which will cause the noise level at the property line of any property to exceed the ambient base noise level by more than five (5) decibels.

(a) Certificate of Compliance: Required. The installer of any such mechanical devices shall furnish to the Department of Building Inspection and Housing a certificate that the equipment installed as proposed can, without the addition of any baffling or construction, be operated within the sound limits specified above.

(b) Prima facie violation: The installation of any such mechanical device without permit or without furnishing the certificate referred to above shall be deemed to be prima facie evidence of violation of the provisions of this section and such device installed shall not be operated at any time unless the required permits are obtained and the certificate of compliance is furnished to the Department of Building Inspection and Housing.

(Ord. 2207; November 30, 1979)

It shall be unlawful for any person within a residential zone or CN 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, power shovel, pneumatic hammer, derrick, power hoist, or any other construction-type device between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day or on Sundays unless a special permit authorizing the activity has been duly obtained from the chief building official. No permit shall be required to perform emergency work as defined in this chapter. This section shall not apply to any work of improvement performed by a single-family residential occupant which is performed on the occupant's said premises.

(Ord. 2175; December 28, 1978: Ord. 2402 § 1; November 12, 1985)

It shall be unlawful for any person to operate landscaping power equipment between the hours of 7:00 p.m. and 7:00 a.m. during Pacific Standard Time and between 8:00 p.m. and 7:00 a.m. during Pacific Daylight Savings Time. All landscaping power equipment shall conform to the city's noise limitations established in Section 10.80.040. No permit shall be required to perform emergency work as defined in this chapter.

(Ord. 2740 § 1 (part); November 12, 2003)

Within a residential use, or within a radius of five hundred feet therefrom, the operation of maintenance power equipment shall conform to the city's noise limitations established in Section 10.80.040. No permit shall be required to perform emergency work as defined in this chapter.

(Ord. 2740 § 1 (part); November 12, 2003)

Any person landscaping an outdoor area shall be required to legally dispose of accumulated dirt, debris, leaves, and grass clippings generated by landscaping activities.

(Ord. 2740 § 1 (part); November 12, 2003)

It shall be unlawful for any person within any residential area of the city to repair, rebuild, or test any motor vehicle between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day.

(Ord. 2175; December 28, 1978)

The council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety and welfare of its citizenry. While recognizing that the use of sound amplifying equipment 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. 2175; December 28, 1978)

It shall be unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use, or operate within the city 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 this section.

(Ord. 2175; December 28, 1978)

(a) Registration statements: filing. Every user of sound amplifying equipment shall file a registration statement with the Police Department ten days prior to the date 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) Whether the sound amplifying equipment will be used for commercial or non-commercial purposes.

(b) Registration statements: approval. The Police Department shall return to the applicant an approved certified copy of the registration statement unless it is found that:

(1) The conditions of the motor vehicle movement are such that in the opinion of the Police Department, 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 this Code.

(c) Disapproval. In the event the registration statement is disapproved, the Police Chief shall endorse upon the statement his reasons for disapproval and return it forthwith to applicant.

(Ord. 2175; December 28, 1978)

Any person aggrieved by disapproval of a registration statement may appeal to the City Council.

(Ord. 2175; December 28, 1978)

Prior to the issuance of the registration statement, a fee in the amount of $25.00 per year, or any portion thereof, shall be paid to the City, if the loudspeaker or sound amplifying equipment is to be used for commercial purposes. No fee shall be required for the operation of a loudspeaker or sound amplifying equipment for non-commercial purposes.

(Ord. 2175; December 28, 1978)

The commercial and non-commercial use of sound amplifying equipment shall be subject to the following regulations:

(a) The only sounds permitted shall be either music or human speech, or both.

(b) Outdoor operation of sound amplifying equipment shall only occur between the hours of 7:00 a.m. and 10:00 p.m. each day unless otherwise authorized by the city council in conjunction with a validly issued special event permit.

(c) Sound level emanating from sound amplifying equipment shall not exceed fifteen (15) decibels above the ambient base noise level.

(d) Notwithstanding the provisions of subsection (c) of this section, outdoor operation of sound amplifying equipment shall not be within two hundred feet of churches, schools, hospitals, or city or county buildings unless otherwise authorized by the city council in conjunction with a validly issued special event 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. 2175; December 28, 1978: Ord. 2010-2809, §§ 1, 2; July 27, 2010)

Notwithstanding any other provision of this chapter, and in addition thereto, it shall be 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 or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

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:

(a) the level 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 level 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 constant; and

(l) whether the noise is produced by a commercial or non-commercial activity.

(Ord. 2175; December 28, 1978)