Montclair Municipal Code Ch. 6.12 Noise Control

A. Notwithstanding any noise level specified within this chapter, it is unlawful and a public nuisance for any person to cause, create, permit, maintain, or suffer any loud or unusual noise that unreasonably disturbs or interferes with the peace, comfort, quiet, health, or safety of any neighborhood or of any reasonable person of normal sensitivities.

B. The following factors shall be considered in determining whether a violation of the provisions of this section exists shall include, but shall not be limited to, the following:

1. The volume of the noise;

2. The intensity of the noise;

3. The distance from the source of the noise from which the noise is plainly audible;

4. The time of day or night the noise occurs;

5. The duration of the noise;

6. Whether the noise is recurrent, intermittent, or constant;

7. The volume and intensity of the background/ambient noise;

8. The zoning classification of the property from which the noise emanates;

9. Whether the noise is produced or generated from commercial or non-commercial activity;

10. Whether the noise is an expected consequence or expected result from an otherwise lawful use of the property from which the noise emanates;

11. The number of persons affected by the noise.

C. A noise level reading measured pursuant to and in accordance with the provisions of this chapter shall be deemed prima facie evidence of a violation of the provisions of this section, however, a noise level reading is not required to demonstrate that a noise violates the provisions of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 5-4.02)

(Ord. No. 09-909, § 2, 7-6-09)

Any noise level measurement made pursuant to the provisions of this chapter shall be determined by using a sound level meter that meets the minimum requirements of the American National Standard Institute for sound level meters, or by using an instrument with associated recording and analyzing equipment that will provide equivalent data.

(Prior code § 5-4.03)

(Ord. No. 09-909, § 3, 7-6-09)

Exterior noise levels made pursuant to the provisions of this chapter shall be measured from the source of the noise or from the property line at a relative point closest to the source of the noise if lawful entry onto the property cannot be obtained.

(Prior code § 5-4.04)

(Ord. No. 09-909, § 4, 7-6-09)

All ambient noise measurements shall commence at the base ambient noise levels in decibels within the respective times and zones as follows:

(Prior code § 5-4.05)

It is unlawful for any person within any zone to create any noise or allow the creation of any noise on the property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level, when measured on the exterior of the property, to exceed the base ambient noise level as adjusted below:

(Prior code § 5-4.06)

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

A. City- or school-approved activities conducted in public parks, on public playgrounds and public or private school grounds including, but not limited to, athletic and school entertainment events between the hours of 7:00 a.m. and 10:00 p.m.;

B. Outdoor gatherings, public dances and shows; provided said events are conducted pursuant to a license issued by the City;

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

D. Noise sources associated with construction, repair, remodeling or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on any given day and provided that the Building Official determines that the public health and safety will not be impaired. Industrial or commercial construction or public improvements, not otherwise feasible except between these hours, may be approved on a limited, short-term basis, subject to the approval of the Director of Community Development.

(Ord. 99-791 Exh. A (part); prior code § 5-4.07)

Any nonconforming use previously approved by the City or any use that can be documented as being a legal, nonconforming use shall be exempt from the provisions of this chapter. Expansion, modification or other changes to the nonconforming noise source shall require full compliance with all provisions of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 5-4.08)

It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church, while the same is in use, to exceed the noise limits prescribed for the assigned noise zone, per Section 6.12.040 of this chapter, in which the school, hospital or church is located; or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital.

(Ord. 99-791 Exh. A (part); prior code § 5-4.09)

A. Registration Required. No person shall use, or cause to be used, a sound truck with its sound-amplifying equipment in operation for commercial/noncommercial purposes in the City before filing a registration statement with the Community Development Department. Such registration statement shall be filed in duplicate and shall set forth the following information:

1. The name and home address of the applicant;

2. The address of the place of business of the applicant;

3. The license number and motor number of the sound truck to be used by the applicant;

4. The name and address of the person who owns the sound truck;

5. The name and address of the person having direct charge of the sound truck;

6. The names and addresses of all persons who will use or operate the sound truck;

7. The purpose for which the sound truck will be used;

8. A general statement as to the sections of the City in which the sound truck will be used;

9. The proposed hours of operation of the sound truck;

10. The number of days of the proposed operation of the sound truck;

11. A general description of the sound-amplifying equipment which is to be used; and

12. The maximum sound-producing power of the sound-amplifying equipment to be used in or on the sound truck, including the following:

a. The wattage to be used,

b. The volume in decibels of the sound which will be produced, and

c. The approximate maximum distance for which the sound will be thrown from the sound truck.

B. Registration—Amended. All persons using, or causing to be used, sound trucks for commercial/noncommercial purposes shall amend any registration statement filed pursuant to the provisions of subsection A of this section within 48 hours after any change in the information therein furnished.

C. Registration, Certification and Identification. The Community Development Department shall review and approve the registration statement. The approved copy of the application shall be in the possession of any person operating the sound truck at all times while the sound truck's sound-amplifying equipment is in operation, and such copy shall be promptly displayed and shown to any police officer of the City upon request.

D. Regulations for Use. The commercial/noncommercial use of sound trucks in the city with sound-amplifying equipment in operation shall be subject to the following regulations:

1. The only sounds permitted shall be music or human speech;

2. Sound-amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least 10 miles per hour except when the truck is stopped or impeded by traffic. When the truck is stopped by traffic, the sound-amplifying equipment shall not be operated for longer than one minute at each such stop;

3. Sound shall not be issued within 100 yards of hospitals, schools, churches, or courthouses;

4. The human speech and/or music shall not be profane, lewd, indecent or slanderous;

5. The volume of sound shall be controlled so that it will not be audible for a distance in excess of 50 feet from the sound truck and so that the volume is not unreasonably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility;

6. No sound-amplifying equipment shall be operated with an excess of 15 watts of power in the last stage of amplification.

(Ord. 99-791 Exh. A (part); prior code § 5-4.10)

Notwithstanding any provision of this chapter, the following specified acts are declared to be unlawful and a nuisance in violation of this chapter:

A. Radios, Televisions and Stereos. It is unlawful for any person to play, use, operate, or permit to be played, used or operated any radio, television set, musical instrument, phonograph, stereophonic equipment, jukebox, or other machine or device for producing, reproducing or amplifying sound when audible at a distance of 50 feet or more from the sound and/or when audible within any other residence or establishment.

B. Hawkers and Peddlers. It is unlawful for any person to sell anything by public outcry within any area of the City. 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, circuses, and other similar licensed public entertainment events.

C. Portable or Mobile Radios, Audio Equipment, or other Similar Devices. The operation of portable or mobile radios, audio equipment, or other similar devices designed or used for the amplification or reproduction of sound on any public or private property where the noise from such device is plainly audible at a distance of 50 feet from the source of said noise.

D. Machinery, Equipment, Fans and Air Conditioning. It is unlawful for any person to operate, cause to operate, or permit the operation of any machinery, equipment, device, pump, fan, compressor, air conditioning apparatus, or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient noise level by 5 dB(A).

E. Loudspeakers, Amplifiers for Advertising. It is unlawful for any person to play, use, or operate or permit to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

F. Yelling, Hollering and Shouting. It is unlawful for any person to yell, shout, hoot, whistle or sing on the public streets between the hours of 10:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of any persons in the vicinity.

G. Exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat, or motor vehicle, except through a muffler device that effectively prevents loud or explosive noises therefrom.

H. Motor Vehicle Radios or Similar Sound Amplification Devices. In accordance with Montclair Vehicle Code Section 27007, the use or operation of any radio or sound amplification device in a vehicle which can be heard outside of the vehicle from 50 or more feet when the vehicle is parked or being operated upon a highway, unless that system is being operated to request assistance or warn of a hazardous situation.

I. Motor Vehicle Alarms. The emission of an audible sound from an alarm located in a motor vehicle for a period in excess of 10 minutes. Notwithstanding the provisions of Montclair Vehicle Code Section 22651.5, the sound shall be calculated based upon the emission of the first audible sound, and end 10 minutes thereafter, notwithstanding any variation or delay in the emissions of audible sound.

In addition to other remedies, if a motor vehicle alarm emits an audible sound in excess of 20 minutes, any police officer may have the vehicle summarily removed from any zone within the City to abate such nuisance in accordance with the provisions of Montclair Vehicle Code Section 22651.5 et seq.

J. Animals and Fowl. Any sound, bark, cry, or behavior from any fowl or animal (including, but not limited to, a dog) otherwise permitted to be kept within the City that disturbs or interferes with the peace, comfort, quiet, health, or safety of any neighborhood or of any reasonable person of normal sensitivities.

(Ord. 99-791 Exh. A (part); prior code § 5-4.11)

(Ord. No. 09-909, § 5, 7-6-09)

A. Any person who causes, creates, permits, maintains, or suffers any loud or unusual noise on private property that unreasonably disturbs or interferes with the peace, comfort, quiet, health, or safety of any neighborhood or of any reasonable person of normal sensitivities, and that results in a response from the police and/or fire department within 24 hours after the issuance of a written warning to cease the disturbance shall be responsible for all costs incurred in response to the second or subsequent response ("second response costs"), including, but not limited to, the following:

1. Salaries of the police officers and/or fire department personnel, at the salary then in effect for each classification of each individual officer, for a one-hour period of time or the actual amount of time spent responding to or remaining at the property where the disturbance was created, beginning when one or more police officer or fire department personnel leaves a location to go to the scene of the event and ending when all responding personnel are available for other duties, or, if their shifts are ended, when they are finished with those duties related to the event which they are required to complete before going off duty, whichever is greater. Such actual costs shall include wages and fringe benefits for the responding personnel and the sergeant or other superior directing them, including overtime if applicable.

2. Vehicle and equipment usage at such rates as established by resolution of the City Council.

3. Replacement cost of any material expended, including the cost of the recording medium if audio or video recording equipment is used.

4. The cost of any medical treatment to any police or fire department personnel.

5. The cost of repairing any damaged City equipment or property.

B. Second response costs shall not be assessed against a responsible person unless a written warning has first been issued advising said person that the loud or unusual noise violates applicable State or local laws and that the person would be responsible for any costs resulting from a second or subsequent response within 24 hours by police and/or fire department personnel.

C. A responsible person, as used in this section, shall include, but shall not be limited to:

1. The person who is actually causing, creating, permitting, maintaining, or suffering any loud or unusual noise on private property in violation of this chapter or other applicable law.

2. The person in charge of the premises from which a loud or unusual noise is being emanated in violation of the provisions of this chapter or other applicable law.

3. The person responsible for any event that causes or generates a loud or unusual noise that violates the provisions of this chapter or other applicable law.

4. The parents or guardians of any responsible person that is under the age of 18 years.

(Ord. No. 09-909, § 6, 7-6-09)

A. Upon determining that a person is responsible for second response costs pursuant to the provisions of this chapter, the Chief of Police (or designee thereof) shall cause a notice of assessment on second response costs to be served upon such person by depositing such notice, first class, postage prepaid, with the United States Postal Service to the responsible person at the person's last known address. In addition to setting forth the amount of the second response costs, such notice shall also set forth the right of the responsible person to request administrative review by the City Manager (or designee thereof) in accordance with Section 1.08.010. A notice of assessment on second response costs shall also warn the responsible person that failure to pay the second response costs within 30 calendar days may result in:

1. A delinquency penalty in the amount of 10 percent of the second response costs per month, up to an aggregate maximum of 50 percent of the second response costs.

2. Interest at the rate of 10 percent per annum of the second response costs (exclusive of any delinquency penalties), from the date the costs first became delinquent until the date the costs are paid.

3. The recordation of a lien against the real property from which the disturbance emanated or the delay in issuance or renewal of any City license and/or permit in connection with the real property and/or business establishment from which the disturbance emanated.

B. Notwithstanding the provisions of chapter 1.08, a notice of assessment on second response costs is not appealable to the Planning Commission or the City Council, and an order to comply issued by the City Manager or designee thereof is final and binding.

C. Second response costs shall be due and payable within 30 calendar days of the issuance of the notice of assessment on second response costs. All responsible persons shall be jointly and severally liable for all second response costs. In the event of the failure of a responsible person assessed second response costs to pay such fee within 30 calendar days of the issuance of a notice of assessment on second response costs, a delinquency penalty in the amount of 10 percent of the second response costs per month, up to an aggregate maximum of 50 percent of the second response costs. In the event of the failure of a responsible person assessed second response costs to pay such fee within 30 calendar days of the issuance of a notice of assessment on second response costs, interest shall accrue at the rate of 10 percent per annum of the second response costs (exclusive of any delinquency penalties), from the date the costs first became delinquent until the date the costs are paid.

D. Second response costs and other charges or fees imposed in accordance with this chapter shall constitute a debt that may be collected in any manner allowed by law, including, but not limited to, the recordation of a lien (secured or unsecured) with the County Recorder's Office and/or California Franchise Tax Board "Inter-Agency Offset Program" (pursuant to Section 12419.10 of the California Government code). The City may also withhold issuance or renewal of any license, permit, or other entitlement for any property or business whenever an administrative penalty resulting from a code violation at said property or business remains unpaid. The City shall be entitled to recover its attorney fees and costs arising from an action to collect an administrative fine and other shares, fees, or costs imposed in accordance with this chapter if it is the prevailing party and provided it made the election to seek attorney fees at the commencement of the action. A Citee shall be entitled to recover his or her attorney fees if the City made the election to seek attorney fees at the outset of the action and the Citee prevails thereon.

E. Second response costs shall also constitute restitution pursuant to Penal Code Sections 1202.4, 1203.1, and 1214, as well as pursuant to Welfare and Institutions Code Section 730.6.

(Ord. No. 09-909, § 7, 7-6-09)

A. Any person who causes, permits, or suffers a violation of any provision of this chapter, is guilty of a misdemeanor violation punishable in accordance with Section 1.12.010 of this Code.

B. A violation of the provisions of this chapter shall also be subject to an administrative fine or penalty in accordance with the provisions of Chapter 1.04 of this Code.

C. Nothing contained within this chapter requires a police officer, fire department personnel, or other official authorized to enforce the provisions of this chapter to issue a warning before issuing an administrative citation or criminal, misdemeanor citation, or before commencing any other action to seek the abatement of the noise disturbance.

D. This chapter does not exclusively regulate loud, unusual, and/or unreasonable noises or disturbances within the City, and the remedies and penalties provided in this chapter are in addition to other remedies and penalties authorized by this Code, or by the laws of the State of California or of the United States.

(Ord. No. 09-909, § 8, 7-6-09)