Mammoth Lakes Municipal Code Ch. 8.20 Noise Regulation

It is the policy of the Town 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 interest shall be systematically proscribed and declared to be public nuisance.

(Prior Code, § 10.16.010; Code 1990, § 8.16.010)

All terminology used in this chapter, and not specifically defined in this section, shall be interested in conformance with applicable publications of the American National Standards Institute (ANSI) or any successor body. 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:

A-weighed sound level means the sound level in decibels as measured on a sound level meter using the A-weighing network. The level so read is designated dB(A) or dBA.

Ambient noise level means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.

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.

Cumulative period means an additive period of time composed of individual time segments which may be continuous or interrupted.

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

Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.

Emergency work means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

Fixed noise source means a stationary device which creates sounds while fixed or motionless, including, but not limited to, residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment.

Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating, which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.

Impulsive sound means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts and the discharge of firearms.

Intrusive noise means that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content as well as the prevailing ambient noise level.

Licensed means the possession of a formal license or a permit issued by the appropriate jurisdictional authority; or, where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record.

Mobile noise source means any noise source other than a fixed noise source.

Motor vehicle includes any self-propelled vehicles as defined in the State Motor Vehicle Code, including all on-highway type motor vehicles subject to registration under the Code, and all off-highway type motor vehicles subject to identification under the Code.

Motorboat means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion but shall not 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 (Harbors and Navigation Code § 651(d)).

Muffler or sound dissipative device means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise.

Noise Control Officer (NCO) means the Town agency or department having lead responsibility for this chapter.

Noise disturbance means any sound which, as judged by the Noise Control Officer:

(1) Endangers or injures the safety or health of human beings or animals;

(2) Annoys or disturbs reasonable persons of normal sensitivities;

(3) Endangers or injures personal or real property; or

(4) Violates the factors set forth in Section 8.20.050. Compliance with the quantitative standards as listed in this chapter shall constitute elimination of a noise disturbance.

Powered model vehicle means any self-propelled, air-borne, waterborne or land borne plane, vessel or vehicle, which is not designated to carry persons, including, but not limited to, any model airplane, boat, car or rocket.

Public right-of-way means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.

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

Pure tone means any sound which can be judged as audible as a single pitch or a set of single pitches by the Noise Control Officer. For the purposes of this chapter, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of 500 Hz and above and by eight dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz.

Real property boundary means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not, including intrabuilding real property divisions.

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 only for traffic safety purposes.

Sound level matter means an instrument, including a microphone, or amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for type S2A meters in American National Standards Institute specifications for sound level meters, S1.4-1971, or the most recent revision thereof.

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.

Vibration perception threshold means the minimum ground-borne or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means, but is not limited to, sensation by touch or visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of 0.01 inch per second over the range of one to 100 Hz.

(Prior Code, § 10.16.020; Code 1990, § 8.16.020)

The noise control program established by this chapter shall be administered by the Code Enforcement Officer who shall be designated the Noise Control Officer in order to implement and enforce this chapter and for the general purpose of noise abatement and control, the Noise Control Officer shall have, in addition to any other authority vested in it, the power to:

(1) Conduct, or cause to be conducted, studies, research and monitoring related to noise, including joint cooperative investigation with public or private agencies, and the application for, and acceptance of, grants;

(2) Conduct programs of public education regarding the causes and effects of noise and general methods of abatement and control of noise, and the actions prohibited by this chapter and the procedures for reporting violations;

(3) Encourage the participation of public interest groups in related public information efforts;

(4) Provide for training of field inspectors and other technical personnel concerned with noise abatement in conformance with standards for technical qualifications as established by the State Office of Noise Control;

(5) Coordinate the noise control activities of all Town departments, cooperate where practicable with all appropriate State and Federal agencies, advise on the availability of low noise emission products for replacement or retrofit of existing or planned Town-owned or -operated equipment, and transmit recommended contracts for the approval of the Town Council for the provision of technical and enforcement services;

(6) Request any other department or agency responsible for a proposed or final standard, regulation or similar action to consult on the advisability of revising the action, if there is reason to believe that the action is not consistent with this chapter;

(7) On all public and private projects which are likely to cause noise in violation of this chapter and which are subject to mandatory review or approval by other departments, review for compliance with the intent and provisions of this chapter, required sound analyses which identify existing and projected noise sources and associated noise levels, and require usage of adequate measures to avoid violation of any provision of this chapter;

(8) Upon presentation of proper credentials, enter and/or inspect any private property, place, report or records at any time when granted permission by the owner, or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this chapter may exist. Such inspection may include administration of any necessary tests;

(9) Develop and recommend to the Town Council provisions regulating the use and operation of any product, including the description of maximum sound emission levels of such product, but not in such a manner as to conflict with Federal or State new product regulations;

(10) Prior to the approval of any zoning change, review the noise impact of the zoning change by identifying existing and projected noise sources and the associated sound levels, and require usage of adequate control measures on noise sources identified above which will be in violation of any provision of this chapter.

(Prior Code, § 10.16.030; Code 1990, § 8.16.030)

In order to effectively implement and enforce this chapter, the Noise Control Officer shall, within a reasonable time after the effective date of the ordinance codified in this chapter:

(1) Develop measurement standards and procedures which will further the purposes of this chapter;

(2) Develop administrative procedures which will provide for effective enforcement of this chapter;

(3) Under the provisions of this chapter, investigate and pursue possible violations of this chapter;

(4) Assist in the preparation or revision thereof of the Town noise element of the general plan as required by Government Code § 65302(g), following guidelines set forth by the State Office of Noise Control;

(5) Assist in or review the total transportation planning of the community, including planning for new roads and highways, bus routes, airports and other systems of public transportation, to ensure that proper consideration is taken with regard to the impact of sound levels and that the policies set forth in the noise element are adhered to;

(6) Provide ongoing assistance to local agencies in determining possible mitigation measures for current or forecast noise problems;

(7) Assist the Town Local Transportation Commission (LTC) in developing a plan for noise compatible land use in the vicinity of all local airports under its jurisdiction, maintain consistency with the provisions and policies of the general plan noise element, and appear at any hearings or meetings regarding airport activities that would affect the noise environment of local residents in order to ensure that the best interests of the Town are served;

(8) Prepare and publish a list of those products required to meet specified noise emission limits under Federal, State or local law;

(9) Make recommendations to the Town Council for modifications or amendments to this chapter to ensure consistency with all State and Federal laws and regulations;

(10) Administer noise program grants, funds and gifts from public and private sources, including the State and Federal Governments.

(Prior Code, § 10.16.040; Code 1990, § 8.16.040)

(a) Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

(b) The factors which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:

(1) The sound level of the objectionable noise;

(2) The sound level of the ambient noise;

(3) The proximity of the noise to residential sleeping facilities;

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

(5) The number of persons affected by the noise source;

(6) The time of day or night the noise occurs;

(7) The duration of the noise and its tonal, informational or musical content;

(8) Whether the noise is continuous, recurrent or intermittent;

(9) Whether the noise is produced by a commercial or noncommercial activity.

(Prior Code, § 10.16.050; Code 1990, § 8.16.050)

Upon receipt of a complaint from a citizen, the Noise Control Officer, equipped with sound level measurement equipment satisfying the requirements specified in Section 8.20.020, shall investigate the complaint. The investigation shall consist of a measurement and the gathering of data to adequately define the noise problem and shall include the following:

(1) Nonacoustic data:

a. Type of noise source;

b. Location of noise source relative to complainant's property;

c. Time period during which noise source is considered by complainant to the intrusive;

d. Total duration of noise produced by noise source;

e. Date and time of measurement survey.

(2) Noise measurement procedure:

a. Utilizing the "A" weighting scale of the sound level meter and the slow meter response (use fast response for impulsive type sounds), the noise level shall be measured at a position or positions at any point on the receiver's property.

b. In general, the microphone shall be located four to five feet above the ground; ten feet or more from the nearest reflective surface, where possible. However, in those cases where another elevation is deemed appropriate, the latter shall be utilized. If the noise complaint is related to interior noise levels, interior noise measurements shall be made within the affected residential unit. The measurements shall be made at a point of at least four feet from the wall, ceiling, or floor nearest the noise source, with windows in the normal seasonal configuration. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.

(Prior Code, § 10.16.060; Code 1990, § 8.16.060)

(a) The noise standards for the various categories of land use identified by the Noise Control Officer as presented in Table 1, in Subsection (g) of this section, shall, unless otherwise specifically indicated, apply to all such property within a designated zone.

(b) No person shall operate or cause to be operated any source of sound at any location within the Town or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property to exceed:

(1) The noise standard for that land use as in Table 1, in Subsection (g) of this section, for a cumulative period of more than 30 minutes in any hour;

(2) The noise standard, plus five dB for a cumulative period of more than 15 minutes in any hour;

(3) The noise standard, plus ten dB for a cumulative period of more than five minutes in any hour;

(4) The noise standard, plus 15 dB for a cumulative period of more than one minute in any hour; or

(5) The noise standard, plus 20 dB or the maximum measured ambient level, for any period of time.

(c) If the measured ambient level differs from that permissible within any of the first four noise limit categories above the allowable noise exposure standard shall be adjusted in five dB increments in each category as appropriate to encompass or reflect the ambient noise level.

(d) In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level.

(e) If the measurement location is on a boundary between two different zones, the noise level applicable to the lower noise zone, plus five dB, shall apply.

(f) If possible, the ambient noise shall be measured at the same location along the property line utilized in Subsection (b) of this section with the alleged offending noise source inoperative. If for any reason the alleged offending noise source cannot be shut down, the ambient noise must be estimated by performing a measurement in the same general area of the source but at a sufficient distance such that the noise from the source is at least ten dB below the ambient in order that only the ambient level is measured. If the difference between the ambient and the noise source is five to ten dB, then the level the ambient itself can be reasonably determined by subtracting a one decibel correction to account for the contribution of the source.

(g) In the event the alleged offensive noise, as judged by the Noise Control Officer, contains a steady, audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 1 shall be reduced by five dB.

Table 1. Exterior Noise Limits (Levels Not to be Exceeded More Than 30 Minutes in Any Hour)

*The classification of different areas of the community in terms of environmental noise zones shall be determined by the Noise Control Officer, based upon assessment of community noise survey data. Additional area classifications should be used as appropriate to reflect both lower and higher existing ambient levels than those shown. Industrial noise limits are intended primarily for use at the boundary of industrial zones rather than for noise reduction within the zone.

(Prior Code, § 10.16.070; Code 1990, § 8.16.070)

(a) Interior noise standards for multifamily residential dwellings as presented in Table 2 shall apply, unless otherwise specifically indicated, within all such dwellings with windows in their normal seasonal configuration.

Table 2. Interior Noise Standards

(b) No person shall operate or cause to be operated within a dwelling unit, any source of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed:

(1) The noise standard as specified in Table 2 for a cumulative period of more than five minutes in any hour;

(2) The noise standards, plus five dB for a cumulative period of more than one minute in any hour; or

(3) The noise standard, plus ten dB or the maximum measured ambient, for any period of time.

(c) If the measured ambient level differs from that permissible within any of the noise limit categories above, the allowable noise exposure standard shall be adjusted in five dB increments in each category as appropriate to reflect the ambient noise level.

(d) In the event the alleged offensive noise, as judged by the Noise Control Officer, contains a steady, audible tone such as a whine, screech, or hum, or is a repetitive noise such a hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 2 shall be reduced by five dB.

(Prior Code, § 10.16.070; Code 1990, § 8.16.080)

(a) No person shall unnecessarily make, continue or cause to be made or continued any noise disturbance.

(b) The following acts, and the causing or permitting thereof, are declared to be in violation of this chapter:

(1) Operating, playing or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound:

a. Between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 8.20.070 except for activities for which a variance has been issued by appropriate authority.

b. In such a manner as to exceed the levels set forth for public space in Table 1 in Section 8.20.080, measured at a distance of at least 50 feet (15 meters) from such operating on a public right-of-way or public space.

(2) Using or operating for any purpose any loudspeaker, loudspeaker system, or similar device between the hours of 10:00 p.m. and 7:00 a.m., such that the sound therefrom creates a noise disturbance across a residential real property line, or at any time violates the provisions of Section 8.20.070, except for any noncommercial public speaking, public assembly or other activity for which a variance or permit has been issued by the Planning and Economic Development Commission or the Noise Control Officer.

(3) Offering for sale, selling anything, or advertising by shouting or outcry within any residential or commercial area of the Town except by variance issued by the Planning and Economic Development Commission. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses or other similar licensed public entertainment events.

(4) Owning, possessing or harboring any animal or bird which frequently or for long duration, howls, barks, meows, squawks or makes other sounds which create a noise disturbance across a residential or commercial real property line.

(5) Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate the provisions of this section.

(6) Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration or demolition work is subject to the hours of work permitted by this Code, except for emergency work of public service agencies.

a. At residential properties:

1. Mobile equipment: Maximum noise levels for nonscheduled, intermittent, short-term operation (less than ten days) of mobile equipment:

2. Stationary equipment: Maximum noise levels for repetitively scheduled and relatively long-term operation (periods of ten days or more) of stationary equipment.

b. At business properties:

1. Mobile equipment: Maximum noise levels for nonscheduled, intermittent, short-term operation of mobile equipment: daily, including Sundays and legal holidays, all hours; maximum of 85 dBA;

2. Stationary equipment: Maximum noise levels for repetitively scheduled and relatively long-term operation of mobile equipment: daily, including Sundays and legal holidays, all hours; maximum of 75 dBA.

All mobile or stationary internal combustion engine-powered equipment or machinery shall be equipped with suitable exhaust and air intake silencers in proper working order.

(7) Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 150 feet (46 meters) from the source if on a public space or public right-of-way.

(8) Operating or permitting the operation of powered model vehicles:

a. Between the hours of 7:00 p.m. and 7:00 a.m. so as to create noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 8.20.070;

b. In such a manner as to exceed the levels set forth for public space land use in Table 1 in Section 8.20.070, measured at a distance not less than 100 feet (30 meters) from any point on the path of a vehicle operating on public space or public right-of-way.

(9) Sounding or permitting the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place, for more than ten seconds in any hourly period. Houses of religious worship and all public entities, including the Town shall be exempt from the operation of this provision. Sound sources covered by this provision and not exempted under Subsection (10)b of this section may be exempted by a variance issued by the Planning and Economic Development Commission.

(10) The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in Subsection (10)(b) of this section.

a. Testing of a stationary emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds;

b. Testing of the complete emergency signaling system, including the functioning of the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 7:00 a.m. or after 10:00 p.m. The time limit specified herein shall not apply to such complete system testing;

c. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within 15 minutes of activation;

(11) Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between 10:00 p.m. and 7:00 a.m., so as to create a noise disturbance across a residential or commercial real property line;

(12) Any motor, machinery, pump, such as swimming pool equipment, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance in accordance with Section 8.20.070;

(13) Operating or permitting the operation or playing of any loudspeaker, musical instrument, motorized racing vehicle, or other source of sound in any place of public entertainment that exceeds 95 dBA as read on the slow response of a sound level meter at any point normally occupied by a customer, without a conspicuous and legible sign stating: "WARNING! SOUND LEVELS WITHIN MAY CAUSE HEARING IMPAIRMENT";

(14) The removal or rendering inoperative, other than for purposes of maintenance, repair or replacement, of any noise control device or element thereof, of any product identified under Section 8.20.040(8);

(15) The removal of any noise label from any product identified under Section 8.20.040(8);

(16) The use of a product identified under Section 8.20.040(8) which has had a noise control device or element thereof or noise label removed or rendered inoperative.

(Prior Code, § 8.16.090; Code 1990, § 8.16.090; Ord. No. 9701, § 1, 1997; Ord. No. 98-02, § 1, 1998; Ord. No. 02-02, § 1, 2002)

(a) The provisions of this chapter shall not apply to:

(1) The emission of sound for the purpose of alerting persons to the existence of an emergency; or

(2) The emission of sound in the performance of emergency work.

(b) Warning devices necessary for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns, shall be exempted from the provisions of this chapter.

(c) The provisions of this chapter shall not apply to occasional outdoor gatherings, public dances, shows and sporting and entertainment events, provided such events are conducted pursuant to a permit or license issued by the County relative to the staging of the events, and fees therefor paid as established by resolution of the Town Council.

(Prior Code, § 10.16.100; Code 1990, § 8.16.100)

Variances for exceptions from any provision of this chapter, subject to limitations and restrictions as to area, noise levels, time limits and other terms and conditions, may be sought in the same manner and on the same basis as set forth in Title 17.

(Prior Code, § 10.16.110; Code 1990, § 8.16.110)

Appeals of an adverse decision or action by the Noise Control Officer shall be made directly to the Planning and Economic Development Commission by filing a written appeal with the executive secretary to the Planning and Economic Development Commission within ten days of the action of the Noise Control Officer which is subject to the appeal. The appeal procedure shall be as set forth in the zoning code.

(Prior Code, § 10.16.120; Code 1990, § 8.16.120)

(a) Any noise exceeding the noise level limits for a designated noise zone as specified in Sections 8.20.080 and 8.20.090 or the prohibited actions as specified as Section 8.20.090, shall be deemed to be prima facie evidence of a violation of the provisions of this chapter.

(b) Any person violating any of the provisions of this chapter shall be guilty and punished as set forth in Section 1.12.010.

(c) In lieu of issuing a notice of violation as provided for in Subsection (d) of this section, the Noise Control Officer may issue an order requiring abatement of a sound source alleged to be in violation, within a reasonable time period and according to guidelines to be approved by the Town Council which the Noise Control Officer may prescribe. No complaint or further action shall be taken in the event that the cause of the violation has been removed, the condition abated or fully corrected within the time period specified in the written notice.

(d) Except where a person is acting in good faith to comply with any such abatement order, violation of any provision of this chapter shall be cause for a notice of violation to be issued by the Noise Control Officer or other responsible enforcement agency according to procedures which the Noise Control Officer may prescribe.

(e) 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 or creates sound levels or vibration exceeding the allowable limits as specified in this chapter 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. Additionally, no provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law.

(Prior Code, § 10.16.130; Code 1990, § 8.16.130)