Article II — NOISE LIMITS

(a)

Except for any professional refuse collection agency acting pursuant to a franchise agreement with the Town or regional agency, no persons shall between the hours of 10:00 p.m. and 8:00 a.m. make, cause, suffer or permit to be made any noise disturbance which:

(1)

Is made within one hundred (100) feet of any building or place regularly used for sleeping purposes; or

(2)

Disturbs any person(s) within hearing distance of such noise.

(b)

No persons shall make, cause, suffer or permit to be made any noise or sounds which:

(1)

Are unreasonably disturbing or physically annoying to people of ordinary sensitivity or which are so harsh or prolonged or unnatural or unusual in their use, time or place as to cause physical discomfort to a person(s); or

(2)

Are not necessary in connection with an activity which is otherwise lawfully conducted.

(Ord. No. 1852, § II(11.30.010), 5-20-91; Ord. No. 2356, § VII, 4-2-24)

No person shall cause, make, suffer or allow to be made by any machine, animal, device or any combination of same in a residential zone, a noise level more than six (6) dB above the noise level specified for that particular noise zone, as shown on the Noise Zone Map, during that particular time frame, at any point outside of the property plane.

(Ord. No. 1852, § II(11.30.015), 5-20-91)

No person shall cause, make, suffer or allow to be made by any machine, animal, device or any combination of same, in a multi-family residential zone, a noise level more than six (6) dB above the local ambient (interior), three (3) feet from any common wall, floor or ceiling inside any dwelling unit on the same or adjacent property, except within the dwelling unit in which the noise source or sources may be located.

(Ord. No. 1852, § II(11.30.020), 5-20-91)

No person shall cause, make, suffer or allow to be made by any machine, animal, device or any combination of same, in any commercial or industrial zone, a noise level more than eight (8) dB above the noise level specified for that particular noise zone, as shown on the Noise Zone Map, during that particular time frame, at any point outside of the property plane.

(Ord. No. 1852, § II(11.30.025), 5-20-91)

(a)

No person shall cause, make, suffer or allow to be made by any machine, animal, device or combination of same, on public property a noise level more than fifteen (15) dB noise level specified for that particular noise zone, as shown on the Noise Zone Map, during that particular time frame, at any point outside of the property plane.

(b)

Public performances or special events not exceeding seventy (70) dBA at the property plane are exempt from this chapter when approval therefor has been obtained from the appropriate governmental entity.

(c)

Vehicle horns or other devices primarily intended to create a loud noise for warning purposes, shall not be used when the vehicle is at rest, or when a situation endangering life, health, or property is not imminent.

(Ord. No. 1852, § II(11.30.030), 5-20-91)

(a)

Notwithstanding any other provision of this chapter, between the hours of 8:00 a.m. to 6:00 p.m. weekdays, and 9:00 a.m. to 4:00 p.m. Saturdays, construction, alteration or repair activities which are authorized by a valid Town permit or as otherwise allowed by Town permit, shall be allowed if they meet at least one of the following noise limitations:

(1)

No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure on the property, the measurement shall be made at

distances as close to twenty-five (25) feet from the device as possible.

(2)

The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA.

(b)

The term "construction, alteration or repair activities" shall include any physical activity on the construction site or in the staging area, including the delivery of materials.

(c)

Construction, alteration or repair activities shall be prohibited outside those hours and on Sundays and legal holidays with the following exceptions:

(1)

A homeowner or tenant may personally perform construction, alteration or repair activities on their own property between 8:00 a.m. to 8:00 p.m. Monday through Saturday and 9:00 a.m. to 5:00 p.m. on Sundays and holidays. All noise levels contained in Section 16.20.035(1) apply to this section.

(2)

If the Town Manager or designee finds evidence that an emergency exists that imperils the public safety, or immediate health and safety of the occupants, the Town Manager or designee may allow the construction or maintenance work to proceed during such hours as may be necessary for the duration of the emergency.

(3)

At any time before commencement of or during construction activity, the chief building official may modify the permitted hours of construction upon twenty-four (24) hours written notice to the contractor, applicant, developer or owner. The chief building official can reduce or increase the allowable hours of construction activity. In approving modified hours, the chief building official may specifically designate and/or limit the activities permitted during the modified hours. If the hours of construction activity are modified, then the general contractor, applicant, developer or owner may be asked to erect a sign at a prominent location on the construction site to advise subcontractors and material suppliers of the working hours. The contractor, owner or applicant shall immediately produce upon request any written order or permit from the chief building official pursuant to this section upon the request of any member of the public, the police or Town staff.

(4)

Violation of the allowed hours of construction activity, the chief building official's order, required signage or this section shall be a violation of this code.

(Ord. No. 1852, § II(11.30.035), 5-20-91; Ord. No. 2300, § II, 1-21-20)

(a)

It shall be unlawful for any person other than authorized personnel of law enforcement or government agencies, to install, use, or operate within the Town any hand held or portable voice amplification device or sound amplifying equipment attached to or housed within any vehicle, boat or aircraft, including sound trucks for the purposes of giving instructions, directions, addresses, lectures or transmitting music to any persons or assemblies in or upon any street, alley, sidewalk, park or public property or any open space generally available to the public, without prior approval through a special events permit or conditional use permit granted by the Town.

(b)

Under such a permit, the commercial and noncommercial use of sound amplifying equipment shall be subject to the following limitations:

(1)

Only music, human speech or a combination of the same shall be permitted.

(2)

The operation of sound amplifying equipment, including outdoor paging systems, for commercial purposes shall be limited to no greater than the hours of 8:00 a.m. to 7:00 p.m. weekdays, 9:00 a.m. to 6:00 p.m. Saturdays and 10:00 a.m. to 4:00 p.m.; Sundays and holidays.

(3)

Sound amplifying equipment shall not be operated within two hundred (200) feet of any church, school, or hospital while any of these facilities are in operation.

(4)

In all events, the volume of sound and the hours of operation shall be so controlled that the sound will not be unreasonably loud, raucous, jarring, disturbing or a nuisance as defined by the Town Code.

(5)

Such conditions as are imposed on time of usage, level of volume, and quantity of equipment in the permit approval because of location of the usage.

(Ord. No. 1852, § II(11.30.040), 5-20-91; Ord. No. 1949, § III, 7-7-93)

Offering for sale, selling anything, or advertising by outcry, shouting or the use of a noise making device within any residential, commercial or a noise sensitive zone of the Town, except by variance or permit issued by the Town, shall be prohibited. Exceptions to this provision are the selling by outcry of merchandise, food and beverage at licensed sporting events, parades, fairs, circuses, or other similarly licensed public entertainment events.

(Ord. No. 1852, § II(11.30.045), 5-20-91)

Owning, possessing or harboring any animal or bird which howls, barks, meows, squawks, or makes other noises continuously and/or incessantly for a period of ten (10) minutes or intermittently for one-half (½) hour or more which creates a noise disturbance across a residential or commercial property plane or within a noise sensitive zone shall be prohibited. For the purpose of this chapter, the animal or bird noise shall not be deemed a disturbance if a person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated or for any other legitimate cause which teased or provoked the animal or bird.

(Ord. No. 1852, § II(11.30.050), 5-20-91)

(a)

Motor vehicles. It shall be the policy of the Town to enforce those sections of the Vehicle Code of the State of California regarding motor vehicle noise emission limits and equipment problems which create noise problems, motor vehicle horns, sound levels emitted from off highway vehicles operating off the public right-of-way, and the successors thereof.

(b)

Refuse collection vehicles.

(1)

Except as authorized by contract with the Town or regional agency, no person shall collect refuse with a refuse collection vehicle between the hours of 6:00 p.m. and 6:00 a.m. the following day in a residential area.

(2)

No person authorized to engage in waste disposal service or garbage collection shall operate any truck- mounted waste or garbage loading and/or similar device in any manner so as to create any noise exceeding state or federal standards.

(c)

Vehicle, motorboat and aircraft repairs and testing. No person shall repair, rebuild, modify or test any motor vehicle, motorboat or aircraft in such a manner as to create a noise disturbance across a residential property plane or at any time to violate the provisions of Article II of this chapter.

(d)

Standing motor vehicles. No person shall operate or permit the operation of any motor vehicle with a Gross Vehicle Weight Rating (GVWR) in excess of ten thousand (10,000) pounds, including refrigeration and/or heating units attached to any vehicle weighing in excess of five thousand (5,000) pounds, or any auxiliary

equipment attached to same, for a period of fifteen (15) minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, within one hundred fifty (150) feet of a residential area or designated noise sensitive zone, between the hours of 10:00 p.m. and 7:00 a.m. of the following day.

(e)

Motorized recreational vehicles operating off public rights-of-way. No person shall operate or cause to be operated any motorized recreational vehicle off a public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of this chapter. This paragraph shall apply to all motorized recreational vehicles, whether or not duly licensed and registered including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, amphibious craft, campers and dune buggies, but not including motorboats.

(Ord. No. 1852, § II(11.30.055), 5-20-91; Ord. No. 2356, § VII, 4-2-24)

(a)

Gasoline leaf blowers shall be prohibited from use in all residential, commercial, and industrial zones or public space.

(b)

Electric leaf blowers in excess of sixty-five (65) decibels shall be prohibited from use in all residential, commercial, and industrial zones or public space, measured fifty (50) feet from the source.

(c)

Miscellaneous nonstationary noise sources such as; electric or gasoline lawn mowers, electrical leaf blowers, edge trimmers, hedge trimmers and other similar moveable noise sources shall be operated only during the hours of 8:00 a.m. to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. weekends in residential, commercial, industrial, public spaces or noise sensitive zones. Leaf blower use is prohibited on Sundays and holidays.

(d)

The provisions of this section shall not apply to emergency work as defined in article I of this chapter.

(e)

Powered toys and models. No person shall operate or permit to be operated any powered toy or model, as defined in article I of this chapter, so as to cause a noise disturbance across a residential property plane or violate the limitations and provisions of this chapter.

(Ord. No. 1852, § II(11.30.060), 5-20-91; Ord. No. 2231, 6-2-14)

(a)

The Town Manager, or the Town Manager's designee, has primary responsibility for enforcement of this chapter. The Town Manager is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, and issuing fines.

(b)

If the Town Manager or the Town Manager's designee determines that a violation of this chapter has occurred, the Town Manager or the Town Manager's designee will issue a written warning notice that a violation has occurred and the potential penalties that will apply for future violations.

(c)

The violation of any provision contained in this chapter, is hereby declared to be unlawful and any person or entity found to be in violation shall be guilty of an infraction, which shall be punishable by a fine not exceeding five hundred dollars ($500.00).

(d)

The remedies provided in this subsection are not exclusive, and nothing in this subsection shall preclude the use or application of any other remedies, penalties or procedures established by law.

(Ord. No. 2231, 6-2-14; Ord. No. 2320, § III, 9-7-21)