§ 16.10

The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Acoustics means the ambient or background noise level shall be defined as the continuous equivalent- energy level (Leq) measured for a minimum of three (3) minutes, or until the Leq remains within a one (1) dB spread, and with the noise issue at silent. If the measuring instrument does not integrate the Leq instantaneously, the ambient shall be the average noise level displayed on the meter.

A-weighting means a filter network designed to transform a frequency spectrum to that which is heard by the human ear.

Construction means any site preparation, assembly, erection, substantial repair, alteration or similar action, for or of public or private rights-of-way, structures, utilities or similar property.

Decibel (dB) means a unit for measuring the amplitude of sound, equal to twenty (20) times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.

Emergency means activity essential to restore, preserve, protect or save lives or property from imminent danger of loss or harm.

Equivalent energy level (Leq) means the level of a steady state noise that has the same sound energy as a given time-varying noise.

Holiday. The term "holiday" shall mean the following days:

New Years Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day;

and any other day as recognized by the Town.

Impulsive sound means sound of short duration, usually less than one (1) second, with an abrupt onset and rapid decay. Examples of impulsive sound include explosions, drop impacts, and firearm discharge.

Motor boat means any vessel propelled by machinery, whether or not such machinery is the principle source of propulsion, but shall include a vessel which has a valid marine document issued by the Bureau of

Customs of the United States Government or any federal agency successor thereto (Section 651(d), Harbors and Navigation Code).

Motor vehicle means any and all self-propelled vehicle as described in the California Motor Vehicle Code including all on-highway type motor vehicles subject to registration under said Code, and all off-highway type motor vehicles subject to identification under said Code.

Multi-family dwelling means any housing unit where two (2) or more dwellings are separated by a common wall and/or floor/ceiling assembly. The State of California recognizes only "single-family" and "multi-family" as terminology.

Noise disturbance means any sound judged by a reasonable, sane and competent person, which occurs with such intensity, frequency, or in such a manner as to disturb the peace and quiet, endanger or injure personal or real property, or violates the factors set forth in this ordinance. It shall include, but not be limited to noise from the following sounds (this enumeration not being exclusive but only illustrative):

(1)

The use, operation, playing of any radio, television, musical instrument or instruments, to phonograph, stereo, loud speaker, sound amplifier or other devices for the production or reproduction of sound with louder volume than is necessary for hearing for any person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto.

(2)

The sounding of any horn or signal device or siren except as a danger warning.

(3)

The operation of any machinery or tool.

(4)

The continuous or recurrent acceleration of a motor vehicle or other engine while stationary.

(5)

Yelling, shouting, hooting, whistling or singing on a public street.

Compliance with the quantitative standards as listed herein shall constitute elimination of a noise disturbance.

Noise level means the amplitude of sound pressure referenced to twenty (20) micropascals, measured in decibels, using the A-weighting network (for the purposes of this chapter).

Noise level measurement means the procedure shall consist of the usage of Precision Sound Level Meter (SLM), as defined in this section, set to "fast" response. If the SLM is analog with a VU meter, then the response shall be "slow" unless the noise issue is impulsive. The meter must be calibrated before any measurements and the microphone shall be a minimum of three and one-half (3½) feet from any wall, floor

or other large sound reflecting surface. The meter shall be protected from wind or other extraneous noise by the use of screens, shields or other appropriate devices.

Noise sensitive zone means any place within the Town of Los Gatos where a person would require peace and quiet, including, but not limited to, all residences, hospitals, schools, churches, parks, nursing homes, child care facilities, hotels and motels.

Noise zone means a geographic area within the limits of the Town of Los Gatos that maintains a similar noise exposure (constant noise level over a period of time) over the area.

Person means an individual or group of persons, firm, association, partnership, joint ventures, corporation, or any entity, public or private.

Powered equipment means a motorized device powered by electricity or fuel used for construction, demolition, landscaping and repairs. Powered equipment includes but is not limited to: lawn mowers, edgers, leafblowers, saws, sanders, paint sprayers, motors, pumps, blowers, fans, vacuums, nail guns, planes, tractors, bulldozers, loaders, fork lifts, air-conditioners and cooling towers.

Powered toys and models means any self-propelled airborne, waterborne or landborne plane, vessel or vehicle, not designed to carry persons, including but not limited to, any model or toy airplane, boat, car, rocket or robotic.

Precision sound level meter means a sound pressure level measuring instrument which conforms to the American National Standards Institute (ANSI) specifiation S1.4 for Type 1 or Type 2 measuring instruments.

Property plane means a two-dimensional boundary extending vertically from the entire length of a line that separates two (2) different pieces of real property.

Public space means any property or structures thereon which are owned or controlled by a government entity.

Pure tone means any audible sound which can be judged as a single pitch or set of single pitches.

Single-family dwelling means a detached building containing but one (1) kitchen and designed and used to house not more than one (1) family, including domestic employees of such family.

Sound means:

(1)

An oscillation in pressure, stress, particle displacement, particle velocity, etc., in a medium with internal forces (e.g., elastic viscous), or the superposition of such propagated alterations.

(2)

An auditory sensation evoked by the oscillation described above.

Note 1: In case of possible confusion the term "sound wave" or "elastic wave" may be used for concept (1), and the term "sound sensation" for concept (2). Not all sound waves can evoke an auditory sensation: e.g., ultrasound.

Note 2: The medium in which the source exists is often indicated by an appropriate adjective: e.g., airborne, waterborne, structure-borne.

Sound amplifying equipment means any device for the amplification of the human voice, music, or any other sound, excluding standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed, and as used in this chapter, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used solely for traffic safety purposes.

Sound level meter means an instrument comprised of a microphone, frequency-filtering networks, an amplifier, and a display that is used to measure sound pressure.

Sound pressure level means twenty (20) times the logarithm to the base ten (10) of the ratio of the sound pressure in question to a reference pressure of twenty (20) micropascals, expressed in decibels (dB).

Sound transmission class (STC) means the preferred single figure rating system designed to give an estimate of the airborne sound insulation properties of a partition or a rank ordering of a series of partitions.

Sound truck means 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.

Standard means:

(1)

A prescribed method of measuring acoustical quantities. Standards in this sense are promulgated by professional and scientific societies like ANSI, SAE, ISO, etc., as well as by other groups.

(2)

In the sense used in Federal environmental statutes, a standard is a specific statement of permitted environment.

Threshold of hearing (audibility) means the minimum effective sound pressure level of an acoustic signal capable of exciting the sensation of hearing in a specified proportion of trials in prescribed conditions of listening (approximately 0 dB).

(Ord. No. 1852, § II(11.10.010), 5-20-91)

Cross reference— Definitions and rules of construction generally, § 1.10.015.

(a)

The Town Council finds that unnecessary, excessive and disturbing noise and vibration is detrimental to the health, safety and welfare of the public and is contrary to public interest. Residents of Los Gatos are to be entitled to the reasonable use and enjoyment of their property without exposure to noise disturbances.

(b)

The Town Council hereby declares a policy to prohibit such noise and vibration as specified herein, and protect the peace, health and safety of its citizens from such noise and vibration. The standards prescribed hereunder shall be enforceable by the Town's Code Compliance Officer and Police Department.

(Ord. No. 1852, § II(11.20.010), 5-20-91)