Monrovia Municipal Code Ch. 9.44 Noise

To control unnecessary, excessive and annoying noise and vibration in residential areas, it is the policy of the city to prohibit such noise and vibration generated from or by all sources as specified in this chapter. It shall be the policy of the city to maintain quiet in those residential areas that exhibit low noise levels and to implement programs aimed at reducing noise in those residential areas within the city where noise levels are above acceptable values. It is determined that certain noise levels and vibration are detrimental to the public health, welfare and safety, and are contrary to public interest. Creating, maintaining, causing or allowing to be created, caused or maintained, any noise or vibration in a manner prohibited by or not in conformity with the provisions of this chapter is declared to be a public nuisance and shall be punishable as such.

(`83 Code, § 9.44.010) (Ord. 85-5 § 1 (part), 1985)

With the intent of carrying out the purpose of this chapter, the words, phrases and terms included in this section shall be deemed to have the meaning ascribed to them:

A-WEIGHTED SOUND LEVEL. The sound level in decibels as measured on a sound level meter using the “A” weighting network. The level so read is designated dB(A) or dBA.

AMBIENT NOISE LEVEL. The composite of noise from all sources near and far, excluding intrusive noise.

CONSTRUCTION. Any site preparation, assembly, erection, substantial repair, alteration or similar action.

DECIBEL. 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 references pressure, which is 20 micropascals.

DEMOLITION. Any dismantling, intentional destruction or removal of structures, utilities, public or private, right-of-way surfaces or similar property.

EMERGENCY WORK. Any work performed for the purpose of preventing or alleviating physical trauma or property damage threatened or caused by an emergency.

IMPULSIVE SOUND. A sound of high intensity, short duration, usually less than one second, with an abrupt onset and rapid decay.

INTRUSIVE NOISE. An alleged offensive noise which intrudes over and above the existing ambient noise on the property where the noise is received.

PERSON. Any individual, partnership, joint venture or corporation.

REAL PROPERTY BOUNDARY. 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.

SOUND LEVEL METER. An instrument, including a microphone, an 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, S14-1971, or the most recent revision thereof.

(`83 Code, § 9.44.020) (Ord. 85-5 § 1 (part), 1985)

(A) Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to wilfully make, generate or continue, or cause to be made, generated or continued, any loud, unnecessary, or unusual noise which unreasonably 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 volume of the noise;

(2) The intensity of the noise;

(3) Whether the nature of the noise is usual or unusual;

(4) Whether the origin of the noise is natural or unnatural;

(5) The volume and intensity of the background noise, if any;

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

(7) The nature of the zoning of the area from which the noise emanates;

(8) The density of inhabitation of the area from which the noise emanates;

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

(10) The duration of the noise;

(11) Whether the noise is recurrent, intermittent, or constant;

(12) Whether the noise is produced by commercial or noncommercial activity;

(13) Whether the noise is a consequence or expected result of an otherwise lawful use.

(`83 Code, § 9.44.030) (Ord. 85-5 § 1 (part), 1985; Ord. 2003-12 § 1, 2003)

(A) The noise standards imposed by this section shall apply to all properties in the city occupied for residential purposes, without regard to zoning classification. Except as otherwise allowed in this chapter, no person shall create or allow the creation of noise on any such residential property which causes the noise level to exceed the actual measured median ambient noise level, or the following presumed ambient noise level, whichever is greater:

(B) If the intruding noise source is continuous and cannot be reasonably discontinued for sufficient time in which the ambient noise level can be determined, the presumed ambient noise level shall be used.

(`83 Code, § 9.44.040) (Ord. 85-5 § 1 (part), 1985)

Utilizing the “A” weighting scale of the sound level meter-and the “slow” meter response (“fast” response for impulsive-type sounds), the noise level shall be measured at the street or any point on the property where the noise is received. In general, the microphone shall be located four feet above the ground and five feet from the nearest structure or wall. In those cases where another elevation is deemed appropriate, it shall be utilized.

(`83 Code, § 9.44.050) (Ord. 85-5 § 1 (part), 1985)

Increases in noise levels prescribed in § 9.44.040 are permitted in accordance with the following:

(`83 Code, § 9.44.060) (Ord. 85-5 § 1 (part), 1985)

Noise standards set in this chapter shall be decreased by five dBA for any noise source which emits an impulsive sound.

(`83 Code, § 9.44.070) (Ord. 85-5 § 1 (part), 1985)

The following activities shall be exempt 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 work;

(B) Activities of the federal, state or local jurisdiction while performing governmental duties;

(C) Activities conducted on public playgrounds and public or private school grounds, including but not limited to school athletic and school entertainment events;

(D) The handling of boxes, crates, containers, garbage cans or other similar objects between the hours of 7:00 a.m. and 7:00 p.m.;

(E) The operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool or similar tool between 7:00 a.m. and 7:00 p.m. on weekdays and the hours of 10:00 a.m. and 10:00 p.m. on weekends and holidays;

(F) Construction or demolition work conducted between the hours of 7:00 a.m. and 7:00 p.m. on weekdays and the hours of 9:00 a.m. and 6:00 p.m. on weekends and holidays;

(G) Any activity to the extent regulation thereof has been preempted by state or federal law.

(`83 Code, § 9.44.080) (Ord. 85-5 § 1 (part), 1985; Ord. 88-31 § 1, 1989)

(A) It shall be unlawful for any person within any residential zone of the city to use or operate any radio receiving set, musical instrument, stereo system, entertainment system, television set, or other machine or device for the producing or reproducing of sound or any device by which voice, music, or any other sound is generated, between the hours of 10:00 p.m. and 7:00 a.m. of the following day, in such a manner as to disturb the peace, quiet, and comfort of neighboring residents or any reasonable person of normal sensitiveness residing in the area.

(B) Any noise exceeding the ambient noise level at the property line of any property, or, if a condominium or apartment house, within any adjoining unit by more than five decibels shall be deemed to be prima facie evidence, although not the exclusive evidence, of a violation of the provisions of this section.

(Ord. 2003-12 § 3, 2003)

(A) Violations of this chapter shall be punishable as either an infraction or a misdemeanor at the discretion of the City Prosecutor, as specified in Chapter 1.16 of this code.

(B) Each day any violation of this chapter occurs or is allowed to continue shall constitute a separate offense.

(`83 Code, § 9.44.090) (Ord. 85-5 § 1 (part), 1985; Ord. 2003-12 § 2, 2003)