Mendota Municipal Code Ch. 9.05 Noise Control

Footnotes:

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Editor's note— Section 1 of Ord. No. 16-02, adopted March 22, 2016, repealed former Ch. 9.05 and § 2 of said ordinance enacted new provisions as herein set out. Former Ch. 9.05, §§ 9.05.010—9.05.050, pertained to excessive noise, and derived from Ord. No. 10-03, § 1, adopted Feb. 23, 2010; Ord. No. 13-06, §§ 1, 2, adopted June 25, 2013; and Ord. No. 11-02, § 1, adopted March 22, 2011.

This chapter shall be known as the "City of Mendota Noise Control Ordinance."

(Ord. No. 16-02, § 2, 3-22-2016)

The city council of the city of Mendota finds and determines that, in accordance with the Mendota General Plan update, it is the policy of the city to prevent noise from interfering with human activities and protect the community from the lawful effects of exposure to excessive noise, monitoring an amiable community in which to live for residents of the city.

(Ord. No. 16-02, § 2, 3-22-2016)

As used in this chapter:

"Ambient" is 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 the act or process of building including but not limited to site preparation, alteration, repair, remodeling, assembly, erection or similar action, of buildings, structures, pavement, flat work and other works including the use of power equipment in connection with activities therewith. Construction activities do not include radios or other forms of amplified music on a construction site.

"Delivery" means delivery of building materials or equipment to any construction project.

"Emergency" means an unforeseen combination of circumstances which require immediate action.

"Noise disturbance" means any source of sound which exceeds the noise limitations permitted in Section 9.05.040 of this chapter. For purposes of this section sources of sound shall include but not be limited to the following: amplified music, loudspeakers, radios, televisions, stereos, musical instruments, powered toys or models, swimming pools or spas, pile drivers, air compressors, paint sprayers, motors, pumps, blowers, air conditioners, cooling towers, ventilating fans, forklifts, loaders, tractors, animals, concerts, mechanical equipment, human voices, electrical appliances, vacuum cleaners, powered equipment, chain saws, motor vehicles and attached equipment not operated on a street or highway.

"Noise level" means the maximum continuous sound level or repetitive peak level measured using the "A" scale set on "slow."

"Sound level" shall be expressed in decibels (dBA) as defined by the American National Standards Institute using the A-level scale.

"Vehicle" means any device by which any person or property may be propelled, moved or drawn upon a highway or street or private property.

(Ord. No. 16-02, § 2, 3-22-2016)

Except as otherwise permitted under this chapter, no person shall cause and no property owner shall permit on such owners' property, a noise produced by any person, machine, animal or device, or any combination thereof, in excess of the sound level limits set forth in this section to emanate from any property, public or private, beyond the property line. Any sound in excess of the sound level limits set forth in this section shall constitute a noise disturbance. For purposes of determining sound levels, sound level measurements shall be made at any location on the receiving property.

Sound Level Limits

A. In the event the alleged offensive noise contains a steady, audible tone, such as a whine, beating, pulsating, throbbing, or hum, the standards set forth in this Section 9.05.040 shall be reduced by five dB.

B. In the event the ambient sound level equals or exceeds the sound level limit then the limit shall be five dBA over the ambient sound level.

(Ord. No. 16-02, § 2, 3-22-2016)

The location selected for measuring noise levels shall be at any point on the exterior of the affected property. The affected property shall be either (i) the address from which any complaint was received, or (ii) if no complaint has been received, from the border of the property emitting the sounds at issue.

(Ord. No. 16-02, § 2, 3-22-2016)

A. Any and all excessively annoying, loud or unusual noises or vibrations such as offend the peace and quiet of persons of ordinary sensibilities and which interfere with the comfortable enjoyment of life or property and affect at the same time an entire neighborhood or any considerable number of persons shall be considered a noise disturbance.

B. It shall be unlawful to create, permit, allow, or maintain a noise disturbance in the city.

(Ord. No. 16-02, § 2, 3-22-2016)

The basic noise regulation specified in Section 9.05.040 may be exceeded without permit in any instances listed below. At all other times, noise from such activities shall not exceed the basic noise regulation established in Section 9.05.040:

A. Construction.

1. Construction and delivery are exempt from the basic noise regulation during the times and on the days when construction activities are allowed pursuant to the terms and provisions of the Mendota Municipal Code.

2. Residents/property owners when personally operating equipment are exempt from the basic noise regulation when they are personally undertaking construction activities to maintain or improve their property between the hours of 10:00 a.m. and 5:00 p.m. Such activities are restricted to the use of hand and power tools only.

3. At all times loud and raucous noise emanating from any construction or delivery site, whether in the form of broadcast or amplified music or any other form, which is audible on any property other than the property from which it emanates, is prohibited.

B. Power Garden Equipment.

1. Power garden equipment including but not limited to, leaf-blowers, vacuums, power mowers, rototillers, and other similar equipment are exempt from the basic noise regulation between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday, 10:00 a.m. and 5:00 p.m. on Saturdays and Sundays.

2. Heavy duty equipment including but not limited to wood-chippers, chain-saws, stump-removers and other similar equipment are exempt from the basic noise regulation between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday only.

3. All garden, maintenance and construction equipment used in the city must be equipped with a muffler where applicable and be in good repair.

C. Motor Vehicles. Motor vehicles may be operated on public streets and highways within the city in accordance with the noise emission standards prescribed by the state vehicle code. It is the city's policy that all sworn personnel be trained in the enforcement of this section of the vehicle code.

D. Animals. Sounds from animals are exempt unless such animal howls, barks, meows, squawks, or makes other noises continuously and/or incessantly for a period of more than ten (10) minutes or intermittently for more than one hour.

E. Emergency and Safety Devices. 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;

2. The emission of sound in the performance of emergency response; or

3. The emission of sound in connection with the protection of the health and safety of Mendota residents or their property during emergency conditions. 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.

F. School bands, and school athletic and entertainment events are exempt from this chapter.

(Ord. No. 16-02, § 2, 3-22-2016)

A. The director may grant a permit to waive time and noise level limitations on equipment when it is required to protect lives or property.

B. Special events or circumstances, including but not limited to events or gatherings where amplified music will exceed the thresholds articulated in Section 9.05.040, may warrant temporary exception to noise levels established in this section. Such permit must be sought prior to the date and time of the event, circumstance, or gathering. In such cases application for a permit may be made to the director, stating in writing:

1. The name, address and telephone number of the property owner responsible for the activity;

2. If the event, circumstance, or gathering anticipates the use of a disk jockey (DJ), band, or other purveyor of music, the name, address, and telephone number of the contact person for such DJ, band, or purveyor of music; and

3. The purpose for which such permit is applied, the date and beginning and ending time thereof, and a description of the sound-producing or sound-amplifying device to be used, together with a full statement of reasons justifying noncompliance.

C. The fee for the permit to exceed noise levels shall be set by resolution of the city council.

D. A permit under this section shall be issued or may be denied at the time of application based upon a balancing of the interests of the applicant against those of surrounding residents, to include consideration of duration of the permit, frequency of occurrence, number of persons benefited by the activity and other similar factors.

E. As a condition of any permit to exceed noise levels, the applicant shall agree as follows:

1. Permit holders shall not allow any person attending their event to impede traffic or intrude into the public right-of-way. Violation of this section is a violation of the permit to exceed noise levels.

2. Any permit holder who has an event, at which alcohol is served or provided, in which more than fifty (50) persons are in attendance, shall have present at the event a security guard, licensed by the state of California, for every fifty (50) persons. Failure to provide a security guard for every fifty (50) persons is a violation of the permit to exceed noise levels.

3. No more than four permits to exceed noise levels shall be allowed for any residentially zoned property within any twelve (12) month period.

4. Any violation of this Chapter 9.05, or a violation of any amplified music permit under the prior version of this chapter, shall be grounds for the denial of a subsequent application for a permit to exceed noise levels.

F. Any permit issued under this section may only waive the time and noise limitations of this chapter until midnight and after 7:00 a.m. The director may impose restrictions on any permit, based (i) the volume, intensity and duration of the proposed noise; (ii) whether the nature of the noise is usual or unusual; (iii) the nature of zoning of the area within which the noise will emanate; (iv) the time of day or night in which the noise will occur; and (v) whether the noise is recurrent, intermittent, or constant.

G. An appeal from the decision by the director on a permit to exceed noise levels shall be in writing and state the facts upon which an error, omission or abuse of discretion is alleged. All appeals shall be made within ten (10) calendar days from the date of the decision. The appeal shall be made to the city clerk who shall place the item on the agenda for next available city council meeting which shall be at least fifteen (15) calendar days from the date of appeal. All interested parties shall have the opportunity to speak on the item at the city council meeting. The city council shall act on the appeal within sixty (60) days of the hearing and may affirm, reverse or modify the decision of the director, based upon appropriate findings.

H. All permits issued under this chapter shall be issued for a limited time period.

(Ord. No. 16-02, § 2, 3-22-2016; Ord. No. 16-10, § 1, 12-13-2016)

The provisions of this chapter shall be administered by the director and his or her authorized representatives, except where expressly provided otherwise. All other officers and employees of the city shall assist and cooperate in the administration and enforcement of this chapter.

(Ord. No. 16-02, § 2, 3-22-2016)

Violations of this Chapter 9.05 are hereby declared to be a public nuisance, and are enforceable under Chapter 8.20 of the Mendota Municipal Code. The city's representatives charged with the administration of this Chapter 9.05 have the discretion to issue warnings to persons who have violated this Chapter 9.05 for the first time.

(Ord. No. 16-02, § 2, 3-22-2016)