Lomita Municipal Code Art. 1 Policy and Definitions

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, such noise levels shall be systematically proscribed. More specifically, it is the policy of this city to preserve, maintain, and protect the quality and tranquility of residential neighborhoods from unnecessary noise, airborne dust, and noxious fumes caused by the use of powered maintenance equipment and construction tools (leaf-blowers, earthmoving equipment, chainsaws, power tools, etc.) in, and adjacent to, residential areas of the City pursuant to the city's police power. Regulation of such powered maintenance equipment and construction tool is in the vital interests of the city and its residents.

(Ord. No. 625, § 1, 7-10-00)

As used in this chapter, unless the context otherwise indicates, the words and phrases are defined as follows:

(a) Construction equipment and power tools means all forms of powered construction and earthmoving tools or equipment including, but not limited to, tractors, backhoes, jackhammers, air compressors, generators, and all types of stationary and handheld power tools (saws, nail guns, routers, etc.).

(b) 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, for the purpose of demonstrating any such sound equipment.

(c) Day shall mean the time period from 7:00 a.m. to 9:00 p.m.

(d) Decibel (dB) shall mean a unit for expressing the ratio between two (2) quantities of acoustical signal powers; the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base ten (10) of this ratio.

(e) Holiday means those designated city holidays pursuant to section 2-14.5.01 of this Code or as adopted by resolution of the city council.

(f) Leaf-blowing machine or leaf blower means any device or air-blowing machine, gas or electric, which is designed or intended to generate a concentrated stream or air to blow, dispel, or make airborne, leaves, grass cuttings, paper, trash, or any other type of unattached debris or material.

(g) 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.

(h) Impulsive sound means a short duration sound (such as might be produced by the impact of a drop hammer or a pile driver) with one (1) second or less duration.

(i) Night shall mean the time period from 9:00 p.m. to 7:00 a.m.

(j) Sound is the sensation perceived by the sense of hearing. For the purpose of this chapter, the term "sound" and "noise" shall be used synonymously.

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

(l) Parcel as used in this chapter means that area of real property as defined by the Los Angeles County Recorder. Contiguous parcels owned by the same individual or entity shall be considered one (1) parcel for the purpose of this chapter.

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

(n) Residential area as used in this chapter means any property used in a manner defined as a residential at section 11-1.30.03 of this Code.

(o) Residential power tools and maintenance equipment means power tools and equipment utilized for construction, repair, yard work, or gardening, including, but not limited to, leaf-blowers, lawnmowers, hedge and edging trimmers, rototillers, handheld power construction tools, etc.

(p) Sidewalks and streets adjacent to residential property shall be considered a residential area for the purposes of this chapter.

(q) Sound-amplifying equipment shall mean any machine or device for the amplification of the human voice, music, or any other sound, but shall not include:

(1) Warning devices on emergency vehicles.

(2) Horns, burglar and fire alarms, or other warning devices expressly authorized by law.

(r) Sound or noise level in decibels (dB), is sound measured by use of the "A" weight scale, and with slow response by a sound level meter.

(s) Sound level meter shall mean an instrument including a microphone, an amplifier, an output meter, and "A" frequency weighing networks for the measurement of sound levels, which satisfies the pertinent requirements in American Specifications for Sound Level Meters S14-1971, or the most recent revision thereof.

(Ord. No. 625, § 1, 7-10-00)