Montague Municipal Code Ch. 8.16 Noise

NOISE

All terminology used in this chapter, not defined in following sections, shall be in conformance with applicable publications of the American National Standard Institute (ANSI) or its successor body. (Ord. 90-7 (part), 1990)

“A-weighted sound level” means 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. (Ord. 90-7 (part), 1990)

“Agricultural property” is defined as in Title 17 of this code. (Ord. 90-7 (part), 1990)

“Ambient noise level” means 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. (Ord. 90-7 (part), 1990)

“Commercial area” is defined as in Title 17 of this code. (Ord. 90-7 (part), 1990)

“Construction” means any site preparation, assembly, erection, substantial repair, alteration, or similar action, for or of public or private rights-of-way, structures, utilities or similar property. (Ord. 90-7 (part), 1990)

“Cumulative period” means an additive period of time composed of individual time segments which may be continuous or interrupted. (Ord. 90-7 (part), 1990)

“Decibel” means a unit for measuring the amplitude of a sound, equal to twenty times the logarithm to the base 1 0 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals. (Ord. 90-7 (part), 1990)

“Demolition” means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property. (Ord. 90-7 (part), 1990)

“Emergency work” means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. (Ord. 90-7 (part), 1990)

“Fixed noise source” means 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, and refrigeration equipment. (Ord. 90-7 (part), 1990)

“Gross vehicle weight rating (GVWR)” means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating, which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used (Ord. 90-7 (part), 1990)

“Impulsive sound” means sound of short duration, usually less than one second, with an abrupt onset and rapid decay.

Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. (Ord. 90-7 (part), 1990)

“Industrial area” is defined as in Title 17 of this code. (Ord. 90-7 (part), 1990)

“Intrusive noise” means that noise which intrudes over and above existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content as well as the prevailing ambient noise level. (Ord. 90-7 (part), 1990)

“Licensed” means possessing a formal license or permit issued by the appropriate jurisdictional authority; or, where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record. (Ord. 90-7 (part), 1990)

“Mobile noise source” means any noise source other than a fixed noise source. (Ord. 90-7 (part), 1990)

“Motor vehicle” includes any and all self-propelled vehicles as defined in the California Motor Vehicle Code, including all on-highway type motor vehicles subject to registration under that Code, and all off-highway type motor vehicles subject to identification under that Code. (Ord. 90-7 (part), 1990)

“Motorboat” means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto (Section 651 (d), Harbors and Navigation Code). (Ord. 90-7 (part), 1990)

“Muffler or sound dissipative device” means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise. (Ord. 90-7 (part), 1990)

“Noise control office(r)” means the municipal agency or department having lead responsibility for this chapter. If no such agency is designated, the term shall mean the municipal official having lead responsibility for this chapter. (Ord. 90-7 (part), 1990)

“Noise disturbance” means 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 (c) endangers or injures personal or real property, or (d) violates the factors set forth in this chapter. Compliance with the quantitative standards as listed herein shall constitute elimination of a noise disturbance. (Ord. 90-7 (part), 1990)

“Noise sensitive zone” means any area designated by the city council for the purpose of ensuring exceptional quiet. (Ord. 90-7 (part), 1990)

“Noise zone” means any defined areas or regions of a generally consistent land use wherein the ambient noise levels are within a range of five dB. (Typically, all sites within any given noise zone will be of comparable proximity to major noise sources.) (Ord. 90-7 (part), 1990)

“Person” means any individual, association, partnership, corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state. (Ord. 90-7 (part), 1990)

“Powered model vehicle” means any self-propelled, airborne, waterborne, or landborne plane, vessel, or vehicle, which is not designed to carry persons, including but not limited to, any model airplane, boat, car, or rocket. (Ord. 90-7 (part), 1990)

“Public right-of-way” means any street, avenue, boulevard, highway, sidewalk, or alley or similar place which is owner or controller by a governmental entity. (Ord. 90-7 (part), 1990)

“Public space” means any real property or structure thereon which are owned or controlled by a governmental entity. (Ord. 90-7 (part), 1990)

“Pure tone” means any sound which can be judged as audible as a single pitch or a set of single pitches by the noise control office. For the purpose of this chapter, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of five hundred Hz and above and by eight dB for center frequencies between one hundred sixty and four hundred Hz and by fifteen dB for center frequencies less than or equal to one hundred twenty-five Hz. (Ord. 90-7 (part), 1990)

“Real property boundary” means 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, but not including intrabuilding real property divisions. (Ord. 90-7 (part), 1990)

“Residential area” is defined as in Title 17 of this code. (Ord. 90-7 (part), 1990)

“Sound amplifying equipment” means any device for the amplification of human voice, music, or any other sound, excluding standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed, and, as used in this chapter, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes. (Ord. 90-7 (part), 1990)

“Sound level meter“ means 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 52A meters in American National Standards Institute specifications for sound level meters, 51.4-1971, or the most recent revision thereof. (Ord. 90-7 (part), 1990)

“Sound truck” means any motor vehicle, or any other vehicle, regardless of motor power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment. (Ord. 90-7 (part), 1990)

The minimum ground or structure-borne vibration motion necessary to cause the normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation or moving objects. The perception threshold shall be presumed to be a motion velocity of 0.01 in/sec over the range of one to one hundred Hz. (Ord. 90-7 (part), 1990)

“Weekday” means any day, Monday through Friday, which is not a legal holiday. (Ord. 90-7 (part), 1990)

A The noise standards for the various categories of land use shall unless otherwise specifically indicated, apply to all such property within a designated zone.

B. No person shall operate or cause to be operated any source of sound at any location within the incorporated city 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 from the inside the nearest residence or business (windows open as season norm, to exceed:

1. The noise standard for that land use as specified in Table 8.16.111 for a cumulative period of more than thirty minutes in any hour; or

2. The noise standard plus five dB for a cumulative period of more than fifteen minutes in any hour; or

3. The noise standard plus ten dB for a cumulative period of more than five minutes in any hour; or

4. The noise standard plus fifteen dB for a cumulative period of more than one minute in any hour; or

5. The noise standard plus twenty dB or the maximum measured ambient level, for any period of time.

C. If the measured ambient level differs from that permissible within any of the first four noise limit categories above, the allowable noise exposure standard shall be adjusted in five dB increments in each category as appropriate to encompass or reflect said ambient noise level.

In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level.

D. If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone, plus five dB, shall apply.

E. If possible, the ambient noise shall be measured at the same location along the property line utilized in Section 8.16.110(B), 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 ten dB below the ambient in order that only the ambient level be measured. if the difference between the ambient and the noise standard is five to ten dB, then the level of the ambient itself can be reasonably determined by subtracting a one decibel correction to account for the contribution of the source.

Table 8.16.111

EXTERIOR NOISE LIMITS

(Ord. 90-7 (part), 1990)

No person shall unnecessarily make, continue, or cause to be made or continued, any noise disturbance. (Ord. 90-7 (part), 1990)

The acts set out in Sections 8.16.212 through 8.16.216, and the causing or permitting thereof, are declared to be in violation of this chapter. (Ord. 90-7 (part), 1990)

Operating, playing or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound, between the hours of ten p.m. and seven a.m. in such a manner as to create a noise disturbance across a residential or commercial real property line, or at any time to violate the provisions of Section 8.16.210, is prohibited, except for activities for which a variance has been issued by the city council. (Ord. 90-7 (part), 1990)

Using or operating for any purpose any loudspeaker, loudspeaker system, or similar device between the hours of ten p.m. and seven a.m., such that the sound therefrom creates a noise disturbance across a residential real property line, or at any time violates the provisions of Section 8.16.1 00, is prohibited, except for any

noncommercial public speaking, public assembly or other activity for which a variance has been issued by the city council. (Ord. 90-7 (part), 1990)

Offering for sale, selling anything, or advertising by shouting or outcry within any residential or commercial area or noise sensitive zone of the city is prohibited, except by variance issued by the city council. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, or other similar licensed public entertainment events. (Ord. 90-7 (part), 1990)

Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten p.m. and seven a.m. in such a manner as to cause a noise disturbance across a residential real property line, or at any time to violate the provisions of Section 8.16.210, is prohibited. (Ord. 90-7 (part), 1990)

The provisions of this chapter shall not apply to: (a) the emission of sound for the purpose of alerting persons to the existence of an emergency or (b) the emission of sound in the performance of emergency work. (Ord. 90-7 (part), 1990)

The provisions of this chapter shall not apply to warning devices necessary for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns, all of which shall be exempted from the provisions of this chapter. (Ord. 90-7 (part), 1990)

The provisions of this chapter shall not apply to occasional outdoor gatherings, public dances, shows, and sporting and entertainment events, provided those events are conducted pursuant to a permit or license issued by the city relative to the staging of the events. (Ord. 90-7 (part), 1990)

The provisions of this chapter shall not apply to all mechanical devices, apparatus, or equipment associated with agricultural operations conducted on agricultural property so long as;

A. Such operations and equipment are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; or

B. Such operations and equipment are associated with agricultural pest control through pesticide application, provided the application is made in accordance with permits issued by or regulations enforced by the appropriate local or state agency; or

C. Such devices are utilized for pest control which incorporate stationary or mobile noise sources (electromechanical bird scare devices, etc. and are operated only by permit issued by the city council. The allowable hours and days for operation of these devices will be specified in the permit.

D. All equipment and machinery powered by internal combustion engines shall be equipped with a proper muffler and air intakes silencer in good working order. (Ord. 90-7 (part), 1990)

The NCO is authorized to grant a variance for home heating and cooling units. (Ord. 90-7 (part), 1990)

A. The NCO is authorized to grant variances for exception from any provision of this chapter, subject to limitation as to area, noise levels, time limits, and other terms and conditions as the NCO 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 permit or license required by law for such activities.

B. In determining whether to grant or deny the application, the NCO shall balance the hardship on the applicant, the community, and other persons of not granting the variance against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the variance. Applicants for variances and persons contesting variances may be required to submit such information as the NCO may reasonably require. In granting or denying an application, the NCO shall keep on public file a copy of the decision and the reasons for denying or granting the variance. (Ord. 90-7 (part), 1990)