Martinez Municipal Code Ch. 8.34 Noise Control

It is the intent of the City, in the exercise of its police power, to control, and in some instances, prohibit, noise and vibration, in order to protect properties and the general health, safety and welfare of persons from unnecessary, excessive and annoying noise disturbances. At certain levels, noises are detrimental to the health and welfare of the citizenry and, in the public interest, shall be prohibited or systematically proscribed.

It is the purpose of this chapter to implement the goals of the Noise Element of the General Plan by prescribing standards prohibiting detrimental levels of noise and by providing an effective and readily available remedy for violations. The provisions of this Chapter and the remedies contained herein shall be cumulative and are not intended to replace any otherwise available remedies for public, private, or mixed nuisances, nor any other civil or criminal remedies otherwise available.

In addition, the regulations contained herein are not intended to substitute for any noise analysis conducted as a part of the City's environmental review process for discretionary permit approvals, nor intended to limit more strict noise control requirements for discretionary permit approvals, should more strict measures be found to be necessary, in order to maintain noise levels that are not detrimental to the health, safety and welfare of the citizens.

(Ord. 1288 C.S. § 1, 2001)

A. Acceptable standards for noise levels shall be as follows:

1. A day-night noise level (Ldn) of 45 dB is the standard for interior noise levels. An Ldn of 45 dBA is achieved by an allowable interior noise level of 35 dBA between 10 p.m. — 7 a.m. and 45 dBA between 7 a.m. — 10 p.m.

2. A day-night level (Ldn) of 60 dB is the standard for exterior noise. An Ldn of 60 dBA is a maximum noise level of 50 dBA between 10 p.m. — 7 a.m. and 60 dBA between 7 a.m. — 10 p.m.

(Ord. 1288 C.S. § 1, 2001)

The following specific acts are declared to be pubic nuisances and are prohibited, subject to the exemptions set forth herein.

A. No person shall cause or allow to cause, any source of sound at any location within the City or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which when measured within public or private indoor or outdoor space on the property where the noise disturbance is being experienced, causes the noise level to exceed the standards set forth in Section 8.34.020.

B. The operation or use of any of the following before 7:00 a.m., or after 7:00 p.m. daily (except Saturday, Sunday, and State, Federal or Local Holidays, when the prohibited time shall be before 9:00 a.m. and after 5:00 p.m.).

1. A hammer or any other device or implement used to repeatedly pound or strike an object.

2. An impact wrench, or other tool or equipment powered by compressed air.

3. Any tool or piece of equipment powered by an internal-combustion engine such as, but not limited to, chain saw, backpack leaf blower, and lawn mower. Except as specifically included in this Chapter, motor vehicles, powered by an internal-combustion engine and subject to the State of California Vehicle Code, are excluded from this prohibition.

4. Any electrically or battery powered tool or piece of equipment used for cutting drilling, or shaping wood, plastic, metal or other materials or objects, such as but not limited to a saw, drill, lathe or router.

5. Any of the following: the operation and/or loading or unloading of heavy equipment (such as but not limited to bulldozer, road grader, back hoe), ground drilling and boring equipment, hydraulic crane and boom equipment, portable power generator or pump, pavement equipment (such as but not limited to pneumatic hammer, pavement breaker, tamper, compacting equipment), pile-driving equipment, vibrating roller, sand blaster, gunite machine, trencher, concrete truck, and hot kettle pump and the like.

6. Construction, demolition, excavation, erection, alteration or repair activity.

7. Operating or permitting the operation of powered model vehicles including but not limited to cars, aircraft and boats.

8. Use or operation of a loudspeaker, loudspeaker system, sound-amplifying equipment, public address system or similar device, in a fixed or movable position or mounted on a sound truck for the purpose of transmitting sound to a person in or on a street, sidewalk, park or public property in such a manner as to create a noise disturbance, unless specifically approved by the City of Martinez (i.e. Use Permit, City Council approval, or permit obtained under Section 8.34.050. Any amplified sound within a public park with a permit issued by the City is exempt from this Section.

9. Use, operation or maintenance of any horn, radio, machine or device used for the production or reproduction of sound which is directed to, or cast upon, public streets or highways which distracts, or is intended to distract, the attention of drivers of motor vehicles, unless operated to request assistance or warn of a hazardous situation.

10. The operation of any licensed motor vehicle in violation of the State Vehicle Code or the operation of stereo, public address or other such amplified equipment on or within a motor vehicle in violation of the State Vehicle Code.

C. Owning, possessing or harboring, any animal or bird which frequently or for long duration howls, barks, meows, squawks, bays, or makes other sounds which create a noise disturbance.

D. 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. daily in such a manner so as to create a noise disturbance.

(Ord. 1288 C.S. § 1, 2001)

The provisions of this section shall not apply to the following types of noise:

A. Aerial warnings which are required by law to protect the health, safety and welfare of the community shall be exempt from the provisions of this chapter.

B. An emergency signaling device, standby machinery or equipment operated only in emergency situations.

C. Emergency vehicle responses and all necessary equipment utilized for the purpose of responding to a declared state of emergency are exempt from this chapter.

D. Uses established through the discretionary review process containing specific noise conditions of approval and/or mitigation measures.

E. In the case of urgent necessity, in the interest of public health and safety, the Noise Control Officer may grant an exemption to the requirements of this Chapter for the duration of the emergency. The Noise Control Officer may limit time of use and/or permitted action, depending upon the nature of the emergency and the type of action requested. The Noise Control Officer may at any time, revoke said authorization or impose requirements for continuance of the permitted action, depending upon the nature of the emergency and the type of action requested.

F. Noises permitted by permit granted under Section 8.34.050 of this chapter.

(Ord. 1288 C.S. § 1, 2001)

A. Authority. The Noise Control Officer is authorized to issue permits granting exceptions to any provision of this chapter, subject to limitations of proximity to noise sensitive uses, noise levels, time limits and other terms and conditions as the Noise Control Officer determines are appropriate to protect the public health, safety and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any other permit or license required by law for such activities.

B. Application.

1. Any person seeking a permit pursuant to this section shall file an application with the Noise Control Officer consistent with the provisions and requirements of Chapter 22.06. The application shall contain information which demonstrates that bringing the source of sound or activity for which the permit is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The application shall be accompanied by a fee as established by Council Resolution. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application.

2. Any individual who claims to be adversely affected by approval of the permit may file a statement with the Noise Control Officer containing any information to support his/her claim.

3. If at any time the Noise Control Officer finds that a sufficient controversy exists regarding an application, a public hearing before the Planning Commission shall be required in accordance with Chapter 22.06.

C. Decision criteria. The following factors shall be considered in determining whether to grant or deny the application for a noise permit:

1. The adverse impact on the health, safety and welfare of other persons affected;

2. The reasonableness of compliance with this code given the existing conditions and scope of the necessary improvements to comply;

3. The adverse impact on property affected;

4. Any other adverse impacts of granting the exception; and

5. Consistency with the general plan. Applicants for permits and persons contesting permits shall be required to submit such information as the Noise Control Officer may reasonably require to adequately address the above five areas of consideration.

D. Approval/findings. Permits shall be granted by notice to the applicant containing all necessary conditions. The permit shall not become effective until all conditions (if any) are agreed to in writing by the applicant. Non-compliance with any condition of the permit shall terminate the permit and subject the person holding it to those provisions of this chapter for which the permit was granted.

E. Revocation/new conditions. The Noise Control Officer may at any time, revoke said permit or impose additional requirements for continuance of the permitted action, as necessary to adequately address the above five areas of consideration.

F. Term of permit. The term of the permit shall run continuously with the associated use and shall terminate upon cessation of the use for a period of one (1) month or more. A permit shall only be transferred to a similar use at the same location upon the Noise Control Officer receiving sufficient information to find that: the new use is of the same or lesser intensity; and, the new use will not substantially alter the pattern of noise generation established by the previous use (i.e., increase evening or morning noise over the previous use).

(Ord. 1288 C.S. § 1, 2001)

A. All new multi-family residential development, hotels and motels, subject to California Administrative Code Title 25, which are to proposed be located in zones exceeding 60 dB CNEL, or residential developments which are proposed to be located within 500 feet of any major arterial, highway, railroad or mass transit line shall submit, to the Community Development Department, as part of a development application, on-site noise measurements to determine existing and future noise levels, and shall include noise attenuation provisions in the design of those developments if they are found to exceed the adopted standards set forth herein.

B. All new commercial or industrial development to be located within 500 feet of any residential development shall be designed and operated within the acceptable standards for noise.

(Ord. 1288 C.S. § 1, 2001)

Noise level shall be measured in accordance with the following:

A. Noise level shall be measured with a sound level meter satisfying at least the applicable requirements for Type 1 sound level meters as defined in American National Standard Section 1.4-1971 or the most recent revisions thereof. The meter shall be set for slow response speed, except that for impulse noises or rapidly varying sound levels, fast response speed may be used. Prior to each measurement, the meter shall be verified, and adjusted to +0.3 decibel by means of an acoustical calibrator.

B. Utilizing the "A" weighting scale of a sound level meter, the ambient noise level shall first be measured at a position or positions at any point on the receiver's property.

1. For outside measurements, the microphone shall be located no less than 4 feet above the ground; 10 feet or more from walls or similar large reflective surface where possible, and shall be protected from the effects of wind, noise and other extraneous sounds by the use of screens, shields or other appropriate devices.

2. For inside measurements, the microphone shall be at least 3 feet distant from any wall, and the average sound measurement shall be determined from at least 3 microphone positions throughout the room.

3. If possible, the ambient noise shall be measured 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 10dB below the ambient in order that only the ambient level be measured.

(Ord. 1288 C.S. § 1, 2001)

Violations of the Chapter shall be enforced as provided in Chapter 1.12 and/or may be declared a nuisance and subject to enforcement as provided in Chapter 1.13.

(Ord. 1288 C.S. § 1, 2001)

The Community Development Director, Chief Building Official or Chief of Police or their designee, are hereby appointed the Noise Control Officers of the City. It shall be the responsibility of the Noise Control Officer or his/her designated representative to enforce the provisions of this Chapter and to perform all other functions required of the Noise Control Officer by this Chapter. Such duties shall include, but not be limited to, investigating potential violations of this Chapter and referring evidence of violations either to the Police Department or City Attorney for initiation of legal action.

A.

"A-weighted sound level (dBA)"

is a decibel scale that approximates the way the human ear responds to frequency levels. A—weighted scales are used for measurement of overall noise levels.

B.

"Ambient noise"

is the total noise occurring over any hourly time period from all sources within a given area.

C.

"Community noise equivalent level (CNEL)"

is another 24-hour average which includes both an evening and nighttime weighting. Appendix A of the General Plan Noise Element shows the day-night levels that were calculated from the field data for each of the 21 survey locations at a specified distance from the center-line of the road. Establish as the basic exterior and interior noise standards for residential uses a day-night level (Ldn) of 60 dB for exterior noise levels and 45 dB Ldn for interior noise levels. Ensure that all non-residential development proposals comply to the extent feasible with the exterior.

D.

"Community noise ratings"

various criteria are available for noise measurement. In some situations a simple sound level meter reading is adequate and in other times the spectrum of the noise and time characteristics are needed. Rating scales require info on the distribution of levels of fluctuation noise, time duration repetitive rate for impulsive and intermittent noise background levels at the time of occupancy etc.

E.

"Decibel (dB)"

shall mean the measurement unit used for loudness of sound/noise.

F.

"Ldn (day/night average sound level)"

Ldn accounts for human sensitivity to nighttime noise, calculated from the cumulative noise exposure measured over a 24 hour day in terms of A—weighted sound energy. The 24 hour day is divided into two subperiods, the daytime period from 7:00 a.m. to 10 p.m. and the nighttime period from 10 p.m. to 7:00 a.m. A 10 dBA weighting factor is applied to the noise levels during the nighttime period. This is the noise scale used in the City of Martinez Noise Element.

G.

"Noise disturbance"

shall mean any sound which, as judged by the Noise Control Officer, (a) endangers or injures the safety or health of human beings or animals, or (b) annoys or disturbs reasonable persons of normal sensitivities, or endangers or injures personal or real property.

H.

"Noise level meter"

an instrument including a microphone, amplifier, output meter and frequency weighting device for the measurement of noise levels satisfying at least the applicable requirements for Type 1 sound level meters as defined in American National Standard Section 1.4-1971 or the most recent revisions thereof. The meter shall be set for slow response speed, except that for impulse noises or rapidly varying sound levels, fast response speed may be used. Prior to each measurement, the meter shall be verified, and adjusted to ±0.3 decibel by means of an acoustical calibrator.

(Ord. 1288 C.S. § 1, 2001)