Chapter 9.58 — NOISE REGULATIONS

The board of supervisors declares and finds that excessive noise levels are detrimental to the public health, welfare and safety and contrary to the public interest as follows:

A.

By interfering with sleep, communication, relaxation and the full use of one's property;

B.

By contributing to hearing impairment and a wide range of adverse physiological and psychological stress conditions; and

C.

By adversely affecting the value of real property.

It is the intent of this chapter to protect persons from excessive levels of noise within or near a residence, school, church, hospital or public library.

(Ord. 582 § 1(part), 2001).

"Hz (hertz)" means a unit of measurement for pitch that describes the number of cycles per second in a sound vibration. Speech information usually falls between 200Hz and 6000Hz. "Middle C" on the piano falls at two hundred sixty-two Hz."

"Vibration perception threshold" means the minimum ground or structure-borne vibrational motion necessary to cause persons of normal sensitivity to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of one one-tenth inches per second over the range of one to one hundred Hz. This threshold shall be applied at the location where the sensitivity exists, such as the property lines within a residential development or from the location of a residence constructed an agricultural property.

(Ord. No. 634A, § 1, 3-1-10; Ord. No. 634, § 1, 10-27-08)

The noise standards of the various categories of land use identified shall, unless otherwise specifically indicated, apply to all such property within a designated zone.

(Ord. No. 634, § 2, 10-27-08)

A.

Residence. It shall be unlawful for any person to make, continue, or cause to be made or continued, any disturbing, excessive or offensive noise which causes discomfort or annoyance to reasonable persons of normal sensitivity residing in the area.

B.

Schools, courts, churches, hospitals and libraries. It shall be unlawful for any person to make, continue, or cause to be made or continued any noise on any street, sidewalk, or place adjacent to any school, institution of learning (except recreational areas of schools), church, court or library, while the same are in use; or adjacent to a hospital, rest home, or long-term medical or mental-care facility, which noise interferes with the workings of such institution or which disturbs or annoys patients in the hospital, rest home, or long-term medical or mental-care facility; provided, conspicuous signs are displayed on such streets, sidewalks, or public places indicating the presence of a school, institution of learning, church, court, library, rest home or long-term medical or mental-care facility.

C.

Engines and Motor Vehicles. It shall be unlawful for any person to cause, permit or allow any disturbing or raucous noises caused off streets or highways by racing or accelerating the engine of any motor vehicle while moving or not moving, by the willful backfiring of any engine and exhaust from the engine tailpipe or muffler, or from the screeching of tires.

D.

The characteristics and conditions which should be considered in determining whether a violation of the provisions of this section exists, include, but are not limited to, the following:

The level of noise;

Whether the nature of the noise is usual or unusual;

Whether the origin of the noise is natural or unnatural;

The level of the background noise;

The proximity of the noise to sleeping facilities;

The nature and zoning of the area within which the noise emanates;

The density of the inhabitation of the area within which the noise emanates;

The time of the day or night the noise occurs;

The duration of the noise;

Whether the noise is recurrent, intermittent, or constant;

Whether the noise is produced by agricultural, commercial or noncommercial activity; and

The county of Madera is a "right-to-farm" county.

E.

Disturbing, Excessive or Offensive Noises. The following acts, including but not limited to those stated, are declared to be disturbing, excessive and offensive noises in violation of this section:

The use of horns, signaling devices, and like equipment associated with the use or operation of automobiles, motorcycles, or any other vehicle in such a manner as to disturb the peace, quiet and comfort of persons of normal sensitivity.

Radios, Television Sets, Musical Instruments, and Similar Devices.

a.

Uses Restricted. The use, operation or permitting to be played, used or operated, of any television set, radio, musical instrument or other device for amplification, production or reproduction of sound in such a manner as to disturb the peace, quiet, and comfort of neighboring residents or persons of normal sensitivity in the area. The use of such devices is strictly prohibited between the hours of 10:00 p.m. and 8:00 a.m. if the sound creates a noise disturbance that crosses residential property lines.

b.

Prima Facie Violations. The operation of any device for the amplification, production or reproduction of sound in such a manner that the sound is plainly audible at a distance of fifty feet from the source or the building structure, or vehicle in which it is located, shall be prima facie evidence of a violation of this section.

F.

Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold as defined in Section 9.58 at or beyond the property boundary of the source if on private property or one hundred fifty feet (forty-six meters) from the source if on a public right-of-way will be in violation of this chapter.

G.

Construction activities are limited to the hours of seven a.m. and seven p.m. Monday through Friday and nine a.m. and five p.m. on Saturdays. Construction activities will be prohibited on Saturdays. Construction activities outside of these hours may be approved at the discretion of the Director of Public Works.

(Ord. No. 634, §§ 3, 4, 10-27-08; Ord. 582 § 1(part), 2001).

(Ord. No. 709A, § 1, 12-9-25; Ord. No. 709, § 1(Exh. A), 3-18-25)

Any building or motor vehicle burglar alarm shall have an automatic shutoff of the audible alarm which shall terminate its operation within fifteen minutes of the time it is activated.

An owner of a building or of a motor vehicle shall be prohibited from operating a burglar alarm therein which has an audible alarm for more than fifteen minutes of the time it is activated.

(Ord. 582 § 1(part), 2001).

The violation of any of the provisions of this chapter shall be a punishable as a misdemeanor. The provisions of this chapter may also be enforced by an injunction issued from the superior court of the county. Any violation of the provisions of this chapter shall be deemed to be a public nuisance. Therefore, the property owner and/or host of the event shall be served with an administrative citation, as provided in Chapter 8.01. Each day a violation occurs or continues, as well as each visit within any single day by

county staff to verify the violation, shall constitute a separate offense, subject to enforcement and penalties accordingly.

A.

Notwithstanding any other provisions of this Code, responsible parties violating any provision of this chapter may be issued a penalty not exceeding five hundred dollars for the first violation; a penalty not exceeding seven hundred fifty dollars for the second violation within one year from the date of the first violation; and a penalty not exceeding one thousand dollars for each and every additional violation within one year from the date of the first violation.

(Ord. 582 § 1(part), 2001).

(Ord. No. 709, § 1(Exh. A), 3-8-25)

VI. - OFFENSES AGAINST PROPERTY