Live Oak, Sutter County Municipal Code Ch. 9.30 Noise Regulation

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. At certain levels noises are detrimental to the health and welfare of the citizenry and in the public interests shall be systematically proscribed.

(Ord. 332, 1989)

Unnecessary, excessive and annoying noises are noises which originate from residential properties or on public ways in violation of this chapter, but such enumeration shall not be deemed to be exclusive:

A. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, stereo, television or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of neighboring residential inhabitants with volume louder than is necessary for convenient hearing for the persons who are in the room, vehicle or chamber in which such machine or device is operating and who are voluntary listeners thereto. The operation of any such set, instrument, phonogram, stereo, machine or device in such a manner as to be plainly audible at a distance of 10 feet from the residential building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this chapter.

B. The using, operating or permitting to be played, used or operated of any radio receiving set, stereo, tape recorder, sound amplifier or other machine or device for producing or reproducing sound from any motor vehicle on any public street at any time with volume louder than is necessary for convenient hearing for the persons who are in the motor vehicle in which such sound machine or device is operating and who are voluntary listeners thereto. The operation of any such sound machine or device in such a manner as to be plainly audible at any time at a distance of 10 feet from the motor vehicle in which it is located shall be prima facie evidence of a violation of this chapter.

C. Yelling, shouting, hooting, whistling or singing originating from any residential property or upon any public way at any time so as to annoy or disturb the quiet, comfort or repose of persons in the vicinity.

D. Animals and Fowl. 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 annoyance or discomfort to a reasonable person of normal sensitiveness in any residential neighborhood.

E. Construction of Buildings and Projects. It is unlawful for any person within a residential zone, or within a radius of 500 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. and 7:00 a.m. in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance, unless beforehand a permit has been duly obtained from the officer or body of the City having the function to issue permits of this kind.

F. Vehicle Repairs. It is 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. and 7:00 a.m. in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance.

(Ord. 332, 1989; Ord. 353 § 1, 1991)

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 $500.00 or be imprisoned in the City or 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. 332, 1989)

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 issued by a court of competent jurisdiction or such to the provision of the City's Nuisance Abatement Ordinance.

(Ord. 332, 1989)

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 affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provision or application and, to this end, the provisions of this chapter are hereby declared to be severable.

(Ord. 332, 1989)