McFarland Municipal Code Ch. 9.14 Noise

A. The city council declares and finds that excessive, unnecessary and annoying noise levels are detrimental to the public health, welfare and safety and contrary to the public interest as follows:

1. By interfering with the comfortable enjoyment of life, the full use and enjoyment of property, and with the conduct and operation of business and industry;

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

3. By adversely affecting the value of the real property.

B. It is the intent of this chapter to protect persons from excessive levels of noise and the following regulations are enacted for this purpose.

(Ord. No. 043-2015, § 1, 2-26-15)

The following words, phrases and terms as used in this chapter shall have the following meanings specified in this section:

"Construction" means any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action, for or of private or public rights-of-way, structures, utilities or similar property and includes the transportation or delivery of any materials, tools, equipment or personnel to or from the site of any construction project for the loading or unloading or use of such materials, tools, equipment or personnel.

"Emergency work" means work made necessary to restore property to a safe condition following a public calamity, work required to protect persons or property from exposure to danger, or work by private or public utilities when restoring utility services.

"Person" means any individual, partnership, corporation, organization, or association of any nature whatsoever.

"Public place" means any area open to the public within the jurisdiction and control of the city of McFarland.

"Public right-of-way" means any street, avenue, boulevard, highway, sidewalk, alley, easement or the like dedicated to and accepted by the city of McFarland.

(Ord. No. 043-2015, § 1, 2-26-15)

A. It is unlawful for any person within the city to use or operate or cause to be operated or to play any radio, phonograph, jukebox, record player, loudspeaker, musical instrument, mechanical device, machine, apparatus, or instrument for intensification or amplification of the human voice or any sound or noise in a manner so loud as to be calculated to disturb the peace and good order of the neighborhood or sleep of ordinary persons in nearby residences, or so loud as to unreasonably disturb and interfere with the peace and comfort of the occupants of nearby residences.

B. Refrigerator trucks shall be permitted to operate in any commercial or manufacturing zone at all hours; provided, however, that such use does not emit noise or vibration detrimentally impacting neighboring residential properties and the occupants thereof between ten p.m. and seven a.m.

(Ord. No. 043-2015, § 1, 2-26-15)

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

A. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency works for as long a period of time as is necessary to constitute adequate alerting of persons to the existence of the emergency or the emergency work;

B. Warning devices for the protection of the public safety, as for example, police, fire, ambulance, commercial, residential and vehicle alarm devices, and train horns;

C. All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions.

(Ord. No. 043-2015, § 1, 2-26-15)

A. Except as provided herein or in subsection B, C or D of this section, it is unlawful for any person, firm or corporation to erect, demolish, alter or repair any building, or to grade or excavate land, streets or highways, other than between the hours of six a.m. and nine p.m. on weekdays, and between eight a.m. and nine p.m. on weekends; provided, however, that city crews and those of the city's contractors performing street work between nine p.m. and six a.m. are exempt herefrom if the city engineer has directed that work be performed between such hours to alleviate potential traffic congestion.

B. Notwithstanding any other provisions of this chapter, if the city manager determines that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavating and grading of land, streets or highways between the hours of nine p.m. and six a.m., and if he or she further determines that loss or inconvenience would result to any party in interest by virtue of the requirements provided in subsection A of this section, he or she may grant a permit for such work to be done between the hours of nine p.m. and six a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work. Such permit may be granted for a period not to exceed three days, and may be extended by the city manager for a period not to exceed three days.

C. The provisions of this section shall not apply to any work of construction performed one thousand feet or more from the nearest residential dwelling.

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

(Ord. No. 043-2015, § 1, 2-26-15)

A. The operation of any such instrument, phonograph, jukebox, machine or device in such manner as to be plainly audible at a distance of one hundred feet from the building, structure, vehicle, or place in which, or on which it is situated or located shall be prima facie evidence of a violation of this section.

B. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment.

(Ord. No. 043-2015, § 1, 2-26-15)