La Puente Municipal Code Ch. 4.34 Noise Regulations

Sections:

• 4.34.010 Prohibited noises—General standard.

• 4.34.020 Prohibited noises—Specific examples.

• 4.34.030 Exemptions.

• 4.34.040 Enforcement.

• 4.34.050 Violations—Misdemeanors.

• 4.34.060 Violations—Additional remedies—Injunctions.

• 4.34.070 Additional remedies—Motor vehicle alarms.

No person shall make, or cause or suffer, or permit to be made upon any premises owned, occupied or controlled by such person, any loud, raucous, jarring, unusual, unnecessary, excessive or other unreasonable noises, sounds or vibrations which are physically annoying to reasonable persons of ordinary sensitivity or which are so harsh or so prolonged or unnatural or unusual in their use, time, or place as to cause or contribute to the unnecessary and unreasonable discomfort to any persons within the neighborhood surrounding the location from which said noises emanate or which unreasonably interfere with the peace and comfort of the residents of the surrounding neighborhood or their guests, or the operators or customers in places of business in the vicinity, or which detrimentally or adversely affect such residences or places of business.

(Ord. 753 § 4 (part), 1997)

Except as set forth in Section 4.34.030 of this chapter, the following acts and the causing or permitting thereof, are specifically declared to be a violation of this chapter:

(a) Radios, Phonographs, Etc. The using, operating or permitting to be played, used or operated between the hours of eight p.m. and seven a.m. of any radio, musical instrument, phonograph, television set, or instrument or device similar to those heretofore specifically mentioned (hereinafter “device”) for the production or reproduction of sound in volume sufficiently loud as to be plainly audible at a distance of fifty feet or more from the property line of the property from which the noise, sound or vibration is emanating, and the using, operating or permitting to be played, used or operated between the hours of seven a.m. and eight p.m. of any such device for the production or reproduction of sound in volume sufficiently loud as to be plainly audible at a distance of two hundred feet or more from the property line of the property from which the noise, sound or vibration is emanating.

(b) Band or Orchestral Rehearsals. The conducting of or carrying on, or allowing the conducting carrying on of band or orchestral concerts or rehearsals or practice between the hours of eight p.m. and seven a.m. sufficiently loud as to be plainly audible at a distance of fifty feet or more from the property line of the property where the concert, rehearsal or practice is occurring, and the conducting of or carrying on, or allowing the conducting or carrying on of band or orchestral concerts or rehearsals or practice between the hours of seven a.m. and eight p.m. sufficiently loud as to be plainly audible at a distance of two hundred feet or more from the property line of the property where the concert, rehearsal or practice is occurring.

(c) Engines, Motors and Mechanical Devices Near Residential District. The sustained, continuous or repeated operation or use between the hours of eight p.m. and seven a.m. of any motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, machine, contrivance, or mechanical device or other contrivance or facility unless such motor, engine, automobile, motorcycle, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible at: (1) distance of fifty feet or more from the property line of the property from which the noise, sound or vibration is emanating or (2) the exterior wall of any adjacent residence, whichever is less.

(d) Motor Vehicles. Racing the engine of any motor vehicle or needlessly bringing to a sudden start or stop of any motor vehicle.

(e) Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of eight p.m. and seven a.m. in volume sufficiently loud as to be plainly audible at a distance of fifty feet or more from the property line of the property where the activity is occurring.

(f) Construction. Operating or causing the operation of any tools, equipment, impact devices, derricks or hoists used on construction, drilling, repair, alteration, demolition or earthwork, between the hours of eight p.m. and seven a.m. on weekdays or at any time on Saturdays (except, between the hours of seven a.m. and eight p.m., interior construction is permissible); or at any time on Sundays or city holidays.

(g) Nonemergency Signaling Devices. Sounding or permitting the sounding of any bell, chime, siren, whistle or similar device, intended primarily for nonemergency purposes between the hours of eight p.m. and seven a.m. Sound sources included within this provision may be exempted by a variance issued by the planning commission.

(h) Emergency Signaling Devices.

(1) The intentional sounding, or permitting the sounding, outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle or similar emergency signaling device, for testing, except as provided in subsection (h)(2) of this section.

(2) Testing of an emergency signaling device shall not occur between the hours of eight p.m. and seven a.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds. Testing of the emergency signaling system shall not occur more than once in each calendar month.

(3) Sounding or permitting the sounding of any exterior burglar or fire alarm unless such alarm is terminated within fifteen minutes of activation.

(4) Sounding or permitting the sounding of any motor vehicle alarm unless such alarm is terminated within five minutes of activation.

(5) Sounding or permitting the sounding of any motor vehicle alarm more than three times of any duration in any twenty-four hour period.

(i) Noises by Animals. It is unlawful for any person having charge, care, custody, or control of any animal to permit such animal to emit any persistent sound, cry or other noise which disturbs the peace, quiet and comfort of any residential neighborhood. For purposes of this section, “persistent sound, cry or other noise” means any noise which is of such a magnitude to be obnoxious or physically annoying to reasonable persons of ordinary sensitivity. The city shall enforce this chapter as follows:

(1) Complaints must be submitted in writing to the Los Angeles County department of animal care and control (“department”) and shall include the name, address, and telephone number of the complainant, as well as the address of the animal owner, a description of the animal, and the dates, times, duration and description of the noise.

(2) Upon receiving a complaint involving whining, barking, howling, screeching or similar animal noise, the department shall cause the following to be performed:

(A) Issue a notice of noise complaint to the animal owner or custodian describing the complaint sufficiently to help the animal owner or custodian recognize and correct the problem, and requesting immediate steps to abate the problem.

(B) If a second complaint is received, issue a notice of noncompliance to the animal owner or custodian including the information required in subsection (i)(2)(A) of this section and explaining that the animal owner or custodian may request a hearing with a member of the department to discuss the notice of noncompliance within five days of receipt of the notice.

(C) If the problem is not resolved by the end of the period stated in the notice of noncompliance, issue a citation to the animal owner or custodian including the information required in subsections (i)(2)(A) and (B) of this section and apprising the animal owner or custodian that he or she will be liable for costs pursuant to Section 4.34.080 of the La Puente Municipal Code upon issuance of a second citation.

(3) If a second citation is issued within one year of the first to the same animal owner or custodian and, if additional law enforcement personnel are required to respond to, investigate or abate the condition, the animal owner or custodian shall be required to reimburse the city for costs pursuant to Section 4.34.080 of the La Puente Municipal Code.

(j) Leaf Blowers. The use or operation or allowing the use or operation of any portable machine powered with a combustion or gasoline engine to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces, between the hours of eight p.m. and seven a.m.

(k) Commercial Establishments Adjacent to Residential Property. Continuous, repeated or sustained noise, sound or vibration from the premises of any commercial establishment, including any outdoor area that is a part or under the control of the establishment, which is licensed by the city and is adjacent to one or more residential dwelling units, between the hours of eleven p.m. and seven a.m., that is plainly audible from the exterior wall of the adjacent residential dwelling unit.

(l) Loud Parties or Gatherings. Generating any noise, sound or vibration from a party or gathering of two or more people on private property (whether from a home, a nightclub, or any other location in the city) that is plainly audible from a distance of fifty feet or more from the property line of the property from which the noise, sound or vibration is emanating. The city shall enforce this subsection (l) as follows:

(1) When such a party or gathering occurs and is determined by the city manager or his or her designee or by a sheriff’s deputy at the scene to constitute a violation of the California Penal Code or the La Puente Municipal Code, or is otherwise a threat or detrimental to the public peace, health, safety or welfare due to the magnitude of the crowd, noise, disturbance or unruly behavior generated by the party or gathering, excessive traffic, or destruction of property, then the city manager or his or her designee or the sheriff’s department shall take such actions and give such direction as is necessary to investigate or abate the violation or condition and shall advise the responsible person orally and in writing that, if additional law enforcement personnel are required to respond to abate the condition, the responsible person and the owner or occupant of the property shall be held liable for the cost of providing such services. Such direction and advice shall be given to the person responsible for the party or gathering or to the owner or occupant of the property involved.

(2) If the condition is not voluntarily abated in the time period requested by any city official or law enforcement officer and, if additional city or law enforcement personnel are required in order to disperse the party or gathering, quell any disturbance, direct traffic, cite illegally parked vehicles or otherwise respond, then the responsible person and the owner or occupant of the property shall be required to reimburse the city for costs pursuant to Section 4.34.080 of this chapter.

(Ord. 753 § 4 (part), 1997)

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

(a) Emergency Exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work. For the purposes of this section, “emergency” means a condition that constitutes an immediate threat to public safety, health or welfare or to property.

(b) Warning Devices. Warning devices necessary for the protection of public safety as for example, police, fire and ambulance sirens and train horns.

(c) Outdoor Activities. Activities conducted on public playgrounds, fully licensed and approved child day care facilities within residential areas as permitted by law, and public or private school grounds including, but not limited to, school athletic and school entertainment events and band or orchestral rehearsals for school athletic or school entertainment events.

(d) Construction; Special Circumstances. The provisions of Section 4.34.020 of this chapter do not apply to any person who performs construction, repair, excavation or earthmoving work if and to the extent that the city manager or his or her designee has given express prior written permission to perform such work at times prohibited in Section 4.34.020 of this chapter. In order to be given such permission, the person must submit to the city manager or to the city manager’s designee an application in writing, stating the reasons for the request and the facts upon which such reasons are based. The city manager or his or her designee may grant or conditionally grant such permission if the city manager, city engineer, code enforcement officer or building official has found that:

(1) The work proposed to be done is necessary to protect or promote public safety or welfare or is otherwise in the public interest; or

(2) Hardship including, but not limited to, unreasonable delay due to weather, acts of God or labor strikes, would result from the interruption thereof during the hours and days specified in Section 4.34.020 of this chapter; or

(3) The building or structure involved is devoted or intended to be devoted to a use immediately incidental to public defense.

Any applicant dissatisfied with the decision of the city manager or the city manager’s designee may appeal to the city council by filing a notice of appeal with the city clerk within ten days after notice of the decision. The appeal shall be accompanied by the applicable appeal fee, which shall be established by a resolution of the city council. The city council shall, within thirty days of filing the appeal, affirm, reverse or modify the decision of the city manager.

The provisions of Section 4.34.020 of this chapter also do not apply to the construction, repair, or excavation during prohibited hours as may be necessary for the preservation of life or property, when such necessity arises during such hours as the offices of the city are closed, or where such necessity requires immediate action prior to the time at which it would be possible to obtain a permit pursuant to this section. The person doing such construction, repair or excavation shall obtain a permit therefor within one business day of such construction, repair or excavation. The application for the permit shall be accompanied by the payment of the applicable fee established by resolution of the city council.

(e) Outdoor Events. Outdoor events, such as gatherings, fairs, circuses, public dances, parades, shows and sporting events, if and to the extent the events are conducted pursuant to a permit issued by the city manager or the city manager’s designee. The application for such permit shall be accompanied by the payment of the applicable fee established by resolution of the city council.

(f) Filming Activities. Filming activities, if and to the extent the filming activities are conducted pursuant to a permit issued pursuant to Chapter 5.25 of this code.

(Ord. 753 § 4 (part), 1997)

The city manager shall have primary responsibility, with such assistance of the sheriff’s department and the Los Angeles County department of animal care and control as may be necessary or desirable, for the enforcement of the noise regulations contained herein. Nothing in this chapter shall preclude the city manager from seeking to obtain voluntary compliance by way of warning, notice, or informational materials.

(Ord. 753 § 4 (part), 1997)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be timed in an amount not exceeding one thousand 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. 753 § 4 (part), 1997)

As an additional remedy, any activity or conduct which causes or creates noise, sound or vibration in violation of the provisions 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. 753 § 4 (part), 1997)

(a) Deactivation. In addition to the remedies set forth in this chapter, the sheriff’s department may undertake such procedures as are reasonably necessary to deactivate a motor vehicle alarm generating noise in violation of this chapter. If the sheriff’s department is unable to deactivate the alarm, the sheriff may cause the motor vehicle to be removed according to the procedure set forth in Section 22651.5 of the California Vehicle Code.

(b) Removal. Any costs associated with the removal or storage of a motor vehicle pursuant to subsection (a) of this section and any costs incurred by the city in connection therewith shall be paid by the registered owner of the motor vehicle.

(Ord. 753 § 4 (part), 1997)

(a) This Section 4.34.080 shall apply to the following persons or entities:

(1) The animal owner or custodian who has received more than one citation pursuant to subsection (i) of Section 4.34.020 of this chapter;

(2) The person or persons responsible for a party or gathering described in subsection (1) of Section 4.34.020 of this chapter, or the owner or occupant of the property on which the party or gathering is held or, if any such person is a minor, the parents or legal guardians of the minor.

(b) Said persons shall be jointly and severally liable for the following costs incurred by the city:

(1) The actual cost to the city of law enforcement or other services, excluding the initial response provided by city, animal control or law enforcement personnel, necessary to abate a violation of Section 4.34.020 of this chapter;

(2) Damage to public property resulting from such response; and

(3) Injuries to any city, animal control or law enforcement personnel involved in such response.

(c) The department that provided the response shall accurately compute the cost of providing such services in accordance with the schedule of rates and charges for personnel and equipment contained in any applicable agreement with the city and shall advise the city manager of such costs as well as any other costs of damage to public property or injuries to personnel resulting from the response. The city manager shall bill said costs (and any additional such costs of the city) to the person or persons specified above in subsection (a) of this Section 4.34.080. Payment shall be due and payable within thirty days of the billing date. If the amount due is not paid, the city may collect the debt, as well as any fees and costs incurred in its collection, pursuant to all applicable provisions of law.

(d) The remedies set forth in this section are not exclusive and may be used in addition to those set forth elsewhere in this code or by law.

(e) As used in this Chapter 4.34, the term “law enforcement” includes, but is not limited to, the sheriff’s department, the fire department, the Los Angeles County department of animal care and control and any city department.

(Ord. 753 § 4 (part), 1997)