Maywood Municipal Code Ch. 23 Noise Control

This chapter may be cited as the "Noise Control Law of the City of Maywood".

(§ 2, Ord. 82-241, eff. May 27, 1982)

In order to control unnecessary, excessive, and annoying noise in the City, it is hereby declared to be the policy of the City to prohibit such noise generated from any source as specified in this chapter.

It is determined that certain noise levels are detrimental to the public health, welfare, and safety and contrary to the public interest, and, therefore, the Council does ordain and declare that creating, maintaining, or causing, or allowing to be created, caused, or maintained, any noise in a manner prohibited by, or not in conformity with, the provisions of this chapter shall be a public nuisance and shall be punishable as such.

(§ 2, Ord. 82-241, eff. May 27, 1982)

All terminology used in this chapter and not defined in Section 5-23.04 of this chapter shall be in conformance with the applicable publications of the American National Standards Institute (ANSI) or its successor body.

(§ 2, Ord. 82-241, eff. May 27, 1982)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Ambient noise level" shall mean the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, occasional and transient sources, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

(b) " 'A' weighted sound level" shall mean the total sound level in decibels of all sound as measured with a sound level meter with a reference pressure of twenty (20) micro-pascals using the "A" weighted network scale as slow response. The unit of measurement shall be defined as dBA.

(c) "Commercial property" shall mean a parcel of property which is developed and used, either in part or in whole, for commercial purposes.

(d) "Construction" shall mean any site preparation, demolition, assembly, erection, substantial repair, alteration, or similar action performed on private (but not public) property.

(e) "Cumulative period" shall mean an additive period of time composed of individual time segments which may be continuous or interrupted.

(f) "Decibel (dBA)" shall mean a unit of noise and denotes the ratio between two (2) quantities which are proportional to power; the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base ten (10) of such ratio.

(g) "Dwelling unit" shall mean a unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

(h) "Emergency" shall mean any occurrence or set of circumstances involving actual or imminent injury to persons or property damage which demands immediate action.

(i) "Emergency machinery, vehicle, work, or alarm" shall mean any machinery, vehicle, work, or alarm used, employed, performed, or operated in an effort to protect, provide, or restore safe conditions in the community or for the citizenry or work by private or public utilities when restoring utility services.

(j) "Fixed noise source" shall mean 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, refrigeration equipment, or similar structures or equipment.

(k) "Grading" shall mean any excavating or filling of earth material, or any combination thereof, conducted at a site to prepare such site for construction or other improvements thereon.

(1) "Health care institution" shall mean any hospital, convalescent home, or other similar facility which provides health care, medical treatment, room, board, or other services for ill, retarded, or convalescent persons.

(m) "Impulsive noise" shall mean a noise of short duration, usually less than one second, of high intensity, with an abrupt onset and rapid decay.

(n) "Industrial property" shall mean a parcel of real property which is developed or used, either in part or in whole, for manufacturing purposes.

(o) "Intruding noise level" shall mean the total sound level, in decibels, created, caused, maintained, or originating from an alleged offensive source at a specified location while the alleged offensive source is in operation.

(p) "Mobile noise source" shall mean any noise source other than a fixed noise source.

(q) "Noise" shall mean any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

(r) "Noise disturbance" shall mean any sound which:

(1) Endangers or injures the safety or health of humans; or

(2) Annoys or disturbs a reasonable person of normal sensitivities; or

(3) Endangers or injures personal or real property.

(s) "Person" shall mean a person, firm, association, copartnership, joint venture corporation, or any entity, public or private in nature.

(t) "Residential property" shall mean a parcel of real property which is zoned for residential use according to the Maywood Zoning Ordinance, other than transient uses, such as hotels and motels.

(u) "Sound amplification equipment" shall mean any device which produces, reproduces, or amplifies sound and has a variable volume control.

(v) "Sound level meter" shall mean an instrument meeting the American National Standard Institute's Standard SL 4-1971, or most recent revision thereof, for Type 1 or Type 2 sound level meters.

(w) "Sound pressure level" of a sound, in decibels, shall mean twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

(§ 2, Ord. 82-241, eff. May 27, 1982)

Any decibel measurement made pursuant to the provisions of this chapter shall be based on a reference sound pressure of twenty (20) micro-pascals as measured with a sound level meter using the "A" weighted network (scale) at slow response.

(§ 2, Ord. 82-241, eff. May 27, 1982)

The following described receptor properties are hereby assigned to the following noise zones:

(a) Noise Zone I: Single-family, double-family, and multiple-family residential properties;

(b) Noise Zone II: Commercial properties; and

(c) Noise Zone III: Manufacturing and industrial properties.

(§ 2, Ord. 82-241, eff. May 27, 1982)

(a) The following noise standards, unless otherwise specifically indicated, shall apply to all receptor properties within the designated noise zones:

(b) No person, in any location within the City, shall create any noise, or allow the creation of any noise, on property owned, leased, occupied, or otherwise controlled by such person (referred to in this chapter as "noise source") which causes the noise level when measured on any property (referred to in this chapter as "receptor property") to exceed:

(1) The applicable noise standard for a cumulative period of more than thirty (30) minutes in any hour; or

(2) The applicable noise standard plus five (5) dBA for a cumulative period of more than fifteen (15) minutes in any hour; or

(3) The applicable noise standard plus ten (10) dBA for a cumulative period of more than five (5) minutes in any hour; or

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

(5) The noise standard plus twenty (20) dBA for any period of time.

(c) In the event the ambient noise level exceeds any of the noise limit categories set forth in subsections (l), (2), or (3) of subsection (b) of this section, the cumulative period applicable to such category shall be increased to reflect the ambient noise level. In the event the ambient noise level exceeds the third noise limit category, the maximum allowable noise level under such category shall be increased to reflect the maximum ambient noise level.

(d) If the receptor property is located on a boundary between two (2) different noise zones, the noise level standard applicable to the quieter noise zone shall apply.

(e) If the noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the measured noise level obtained while the source is in operation shall be compared directly to the receptor property's designated land use and for the time of day the noise level is measured.

(§ 2, Ord. 82-241, eff. May 27, 1982)

(a) The following noise standard, unless otherwise specifically indicated, shall apply to all residential receptor property within all noise zones:

The noise limit specified in this subsection shall be reduced by five (5) dBA for noise consisting of speech or music; provided, however, if the ambient noise level exceeds the resulting standard, the ambient shall be standard.

(b) No person, at any location within the City, shall create any noise, 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 within any receptor residential dwelling unit in any noise zone to exceed:

(1) The interior noise standard for a cumulative period of more than five (5) minutes in any hour; or

(2) The interior noise standard plus five (5) dBA for a cumulative period of more than one minute in any hour; or

(3) The interior noise standard plus ten (10) dBA for any period of time.

(c) In the event the ambient noise level exceeds the noise limit categories set forth in subsections (1) or (2) of subsection (b) of this section, the cumulative period applicable to such category shall be increased to reflect the ambient noise level. In the event the ambient noise level exceeds the third noise limit category, the maximum allowable noise level under such category shall be increased to reflect the maximum ambient noise level.

(d) If the receptor property is located on a boundary between two (2) different noise zones, the noise level standard applicable to the quieter noise zone shall apply.

(e) If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the same procedure set forth in subsection (e) of Section 5-23.07 of this chapter shall be deemed proper to enforce the provisions of this section.

(§ 2, Ord. 82-241, eff. May 27, 1982)

The location selected for measuring exterior noise levels shall be at any point on the receptor property and at least four (4′) feet above the ground and five (5′) feet from the nearest structure or wall. Interior noise measurements shall be made within the receptor residential unit. The measurements shall be made at a point at least four (4′) feet from the wall, ceiling, or floor nearest the noise source with the windows in an open or closed position, depending on the normal ventilation requirements.

(§ 2, Ord. 82-241, eff. May 27, 1982)

Any noise source located in an "M" Zone, as defined in the Maywood Zoning Ordinance, and which noise source is in operation on or prior to April 27, 1982, shall be exempt from the provisions of this chapter; provided, however, such source shall not increase its noise level beyond that existing on said date. Notwithstanding the provisions of this section, no such noise source shall emit levels in excess of the standards set forth in Section 5-23.20 of this chapter.

(§ 2, Ord. 82-241, eff. May 27, 1982)

The following activities shall be exempted from the provisions of this chapter:

(a) Activities conducted on public playgrounds and public or private school grounds, including, but not limited to, school athletic or school entertainment events or programs sponsored by the Maywood Recreation Department;

(b) Any mechanical device, apparatus, or equipment used, related to, or connected with emergency machinery, vehicles, work, or warning alarms or bells provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within thirty (30) minutes in any hour of its being activated;

(c) Noise sources associated with the construction, repair, remodeling, or grading of any real property or during authorized seismic surveys provided such activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturdays, or at any time on Sunday or a Federal holiday, and provided the noise level created by such activities does not exceed the noise standard of seventy (70) dBA plus the limits specified in Section 5-23.08 of this chapter as measured on residential property and does not endanger the public health, welfare, and safety;

(d) All mechanical devices, apparatus, and equipment associated with agricultural operations provided such operations do not take place between 8:00 p.m. and 7:00 a.m. on weekdays, including Saturdays, or at any time on Sunday or a Federal holiday;

(e) Noise sources associated with the maintenance of real property provided such activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day, except Sunday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sundays;

(f) Any activity to the extent the regulation thereof has been preempted by State or Federal laws, including, but not limited to, aircraft, motor vehicles, railroads, and other interstate carriers; and

(g) The provisions of this chapter shall not preclude the construction, operation, maintenance, and repair of equipment, apparatus, or facilities of park and recreation departments, public works projects, and public utilities subject to the regulatory jurisdiction of the Public Utilities Commission of the State.

(§ 2, Ord. 82-241, eff. May 27, 1982)

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

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

(1) The level of the sound;

(2) Whether the nature of the sound is usual or unusual;

(3) Whether the origin of the sound is natural or unnatural;

(4) The level and intensity of the background noise, if any;

(5) The proximity of the sound to residential sleeping facilities;

(6) The nature and zoning of the area within which the sound emanates;

(7) The density of the inhabitation of the area within which the sound emanates;

(8) The time of the day or night the sound occurs;

(9) The duration of the sound;

(10) Whether the sound is recurrent, intermittent, or constant;

(11) Whether the sound is produced by a commercial or noncommercial activity; and

(12) Whether the alleged violator has refused a previous request to stop producing the sound.

(c) Section 5-23.17 of this chapter, to the extent it requires advance written notices to be given to certain alleged violators prior to prosecution, shall not apply to violations of this section.

(§ 2, Ord. 82-241, eff. May 27, 1982, as amended by § 1, Ord. 85-289, eff. September 26, 1985)

The following acts, and the causing thereof, are declared to be in violation of this chapter:

(a) Radios, television sets, musical instruments, and similar devices. Operating, playing, or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound between the hours of 10:00 pm. and 7:00 a.m. the following day in such a manner as to create a noise disturbance across a real property boundary or within a noise sensitive zone;

(b) Loudspeakers and public address systems.

(1) Using or operating for noncommercial purposes any loudspeaker, public address system, or similar device between the hours of 10:00 pm. and 7:00 a.m. the following day such that the sound therefrom creates a noise disturbance across a residential real property boundary; and

(2) Using or operating for any commercial purpose any loudspeaker, public address system, or similar device (1) such that the sound therefrom creates a noise disturbance across a real property boundary, or (2) between the hours of 10:00 pm. and 7:00 a.m. the following day on a public right-of-way or public space;

(c) Loading and unloading.

(1) The loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, or similar objects between the hours of 10:00 p.m. and 6:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary;

(2) The loading, unloading, opening, closing or other handling of residential garbage cans, residential recycling bins, or similar objects between the hours of 10:00 p.m. and 5:30 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary;

(d) Vehicle and motorboat repairs and testing. Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary;

(e) Powered model vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary in a public space between the hours of 10:00 p.m. and 7:00 a.m. the following day. Maximum sound levels in a public space during the permitted period of operation shall conform to those set forth for residential land use in subsection (a) of Section 5-23.07 of this chapter. The maximum sound levels for residential property during the permitted period of operation shall be governed by subsection (a) of said Section 5.23.07;

(f) Stationary nonemergency signaling devices.

(1) 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 five (5) minutes in any hourly period; and

(2) Devices used in conjunction with places of religious worship shall be exempt from the provisions of this subsection; and

(g) Loud parties and gatherings. Hosting or conducting a private or public dance, party, gathering or event in a residential neighborhood or in another neighborhood inhabited for residential use where the sound or noise emanating therefrom constitutes a noise disturbance as defined in this chapter. The source of instrumentalities of a noise disturbance may be seized in conjunction with the abatement of a noise disturbance.

(§ 2, Ord. 82-241, eff. May 27, 1982, as amended by § 1, Ord. 91-374, eff. July 11, 1991, and § 1, Ord. 92-390, eff. September 10, 1992)

(a) On or before September 24, 1982, the owner of any commercial or industrial source of sound may apply to the City for a variance for time to comply with the provisions of this chapter.

(b) Any person seeking a variance for time to comply shall file an application with the Planning Department. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter prior to the date requested in the application would constitute an unreasonable hardship on the applicant, on the community, or other persons.

(c) In determining whether to grant or deny the application, the Council shall balance the hardship to the applicant, the community, and other persons by not granting the variance for time to comply against the adverse impacts on the property affected and other adverse impacts of granting the variance. Applicants for variances for time to comply and persons contesting variances may be required to submit any information to the Council it may reasonably require. In granting or denying an application, the Planning Department shall place on public file a copy of the decision and the reasons for denying or granting the variance for time to comply.

(d) Variances for time to comply shall contain all the necessary conditions, including a schedule for achieving compliance. The variance for time to comply shall not become effective until all conditions are agreed to by the applicant in writing. Noncompliance with any condition of the variance shall terminate the variance and subject the person holding it to the provisions of this chapter.

(e) Applications for extensions of the time limits specified in variances for time to comply, or for modifications of other substantial conditions, shall be treated as applications for initial variances under subsection (b) of this section, except that the Council shall find that the need for the extension or modification clearly outweighs any adverse impact of granting the extension or modification.

(f) The Council may issue guidelines defining the procedures to be followed in applying for a variance for time to comply and the criteria to be considered in deciding whether to grant a variance.

(g) No variance shall be granted unless all of the following findings are made:

(1) That the applicant is or will be in violation of this chapter;

(2) That, due to conditions beyond the reasonable control of the applicant, requiring compliance would result in either:

(i) An arbitrary or unreasonable taking of property; or

(ii) The practical losing and elimination of lawful business; and

(3) That such closing or taking would be without a corresponding benefit in reducing noise levels.

(§ 2, Ord. 82-241, eff. May 27, 1982)

The Chief Administrative Officer or his appointed representative is directed to enforce the provisions of this chapter and is hereby authorized and may arrest, at his discretion, any person without a warrant when he has reasonable cause to believe that such person has committed a misdemeanor in his presence.

(§ 2, Ord. 82-241, eff. May 27, 1982)

No person shall interfere with, oppose, or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his duty.

(§ 2, Ord. 82-241, eff. May 27, 1982)

Violations of this chapter shall be prosecuted in the same manner as other misdemeanor violations of this Code; provided, however, in the event of an initial violation of the provisions of this chapter, a written notice shall be given the alleged violator which specifies the time by which the condition shall be corrected or an application for a permit or variance shall be received by the Planning Department. No complaint or further action shall be taken in the event the cause of the violation has been removed or the condition abated or fully corrected within the time period specified in the written notice.

(§ 2, Ord. 82-241, eff. May 27, 1982)

Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than One Thousand and No/100ths ($1,000.00) Dollars, or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(§ 2, Ord. 82-241, eff. May 27, 1982, as amended by § 1, Ord. 06-521, eff. April 11, 2006)

In the event the alleged violator cannot be located in order to serve the violation of intention to prosecute, such notice shall be deemed to be given upon mailing such notice by registered or certified mail to the alleged violator at his last known address or at the place where the violation occurred, in which event the specified time period for abating the violation or applying for a variance shall commence on the date of the day following the mailing of such notice. Subsequent violations of the same offense shall result in the immediate filing of a misdemeanor complaint.

(§ 2, Ord. 82-241, eff. May 27, 1982)

(a) The Chief Administrative Officer shall order an immediate halt to any sound which exposes any person, except those excluded pursuant to Section 5-23.11 of this chapter, to continuous sound levels in excess of those shown in Table B following this chapter. Within two (2) days following the issuance of such an order, the City shall apply to the appropriate court for an injunction to replace the order.

(b) No order pursuant to subsection (a) of this section shall be issued if the only persons exposed to sound levels in excess of those listed in Tables A and B following this chapter are exposed as a result of (1) trespassing; (2) an invitation upon private property by the person causing or permitting the sound; or (3) employment by the person or contractor of the person causing or permitting the sound.

(c) Any person subject to an order issued pursuant to subsection (a) of this section shall comply with such order until (1) the sound is brought into compliance with the order, as determined by the Chief Administrative Officer; or (2) a judicial order has superseded the order of the Chief Administrative Officer.

(§ 2, Ord. 82-241, eff. May 27, 1982)

(§ 1, Ord. 91-374, eff. July 11, 1991; repealed by § 1, Ord. 06-521, eff. April 11, 2006)

If any provision, clause, sentence, or paragraph of this chapter, or the application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provision or application, and, to this end, the provisions of this chapter are hereby declared to be severable.

(§ 2, Ord. 82-241, eff. May 27, 1982)

TABLE A

Continuous Sound Levels Which Pose an Immediate Threat to Health and Welfare (Measured at 50 Feet or 15 Meters)****

**** Use equal energy time-intensity trade-off if level varies; find energy equivalent over 24 hours.

TABLE B

Impulsive Sound Levels Which Pose an Immediate Threat to Health and Welfare (Measured at 50 feet or 15 Meters)