Morgan Hill Municipal Code Ch. 8.28 Noise

The city council finds and declares as follows:

A. That the making, creation or maintenance of loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to the public health, comfort, convenience, safety, welfare and prosperity of the residents of the city; and

B. That the necessity in the public interest for the provisions and prohibitions set forth in this chapter is declared as a matter of legislative determination and public policy, and it is further declared that the provisions of this chapter are in pursuance of, and for the purpose of, securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city and its inhabitants.

(Ord. 328 N.S. § A (part), 1972)

It is unlawful for any person to make or continue, or cause to be made or continued, any loud, disturbing, unnecessary or unusual noise or any noise which annoys, disturbs, injures, or endangers the comfort, health, repose, peace, or safety of another person within the city.

(Ord. 328 N.S. § A (part), 1972)

(Ord. No. 2276 N.S., § 29, 5-2-2018)

Nothing in this chapter shall be construed to prevent the proper use of a siren or other alarm by a police, fire or authorized emergency vehicle as defined in the California Vehicle Code. Likewise, any stationary fire alarm operated by the fire department of the city is exempt from the provisions of this chapter.

(Ord. 328 N.S. § A (part), 1972)

Unlawful noises include:

A. Animals and Birds. The keeping of any animal or bird which, by causing frequent or long-continued noise, disturbs the comfort or repose of any person in the vicinity;

B. Auto Body Repairs.

1. The repairing of any auto body, or part thereof, except within a completely enclosed building and the noises therefrom are reasonably confined to such building, and

2. The repairing of any auto body, or part thereof, between the hours of eight p.m. and seven a.m., which shall be deemed a violation of the provisions of this section;

C. Blowers, Fans, and Combustion Engines. The operation of any noise-creating blower, power fan or internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device to deaden such noise;

D. Construction Activities.

1. "Construction activities" are defined as including, but not limited to, excavation, grading, paving, demolition, construction, alteration or repair of any building, site, street or highway, delivery or removal of construction material to a site, or movement of construction materials on a site. Construction activities are prohibited other than between the hours of seven a.m. and eight p.m., Monday through Friday and between the hours of nine a.m. to six p.m. on Saturday. Construction activities may not occur on Sundays or federal holidays. No third person, including, but not limited to, landowners, construction company owners, contractors, subcontractors, or employers, shall permit or allow any person working on construction activities which are under their ownership, control or direction to violate this provision. Construction activities may occur in the following cases without violation of this provision:

a. In the event of urgent necessity in the interests of the public health and safety, and then only with a permit from the chief building official, which permit may be granted for a period of not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues.

b. If the chief building official determines that the public health and safety will not be impaired by the construction activities between the hours of eight p.m. and seven a.m., and that loss or inconvenience would result to any party in interest, the chief building official may grant permission for such work to be done between the hours of eight p.m. and seven a.m. upon an application being made at the time the permit for the work is issued or during the progress of the work.

c. The city council finds that construction by the resident of a single residence does not have the same magnitude or frequency of noise impacts as a larger construction project. Therefore, the resident of a single residence may perform construction activities on that home during the hours in this subsection, as well as on Sundays and federal holidays from nine a.m. to six p.m., provided that such activities are limited to the improvement or maintenance undertaken by the resident on a personal basis.

d. Public work projects are exempt from this section and the public works director shall determine the hours of construction for public works projects.

2. If it is determined necessary in order to ensure compliance with this section, the chief building official may require fences, gates or other barriers prohibiting access to a construction site by construction crews during hours in which construction is prohibited by this subsection. The project manager of each project shall be responsible for ensuring the fences, gates or barriers are locked and/or in place during hours in which no construction is allowed. This subsection shall apply to construction sites other than public works projects or single dwelling units which are not a part of larger projects.

E. Defective or Loaded Vehicles. The use of any automobile, motorcycle or vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise;

F. Exhausts. 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 or other device which will effectively prevent loud or explosive noises therefrom;

G. Loading or Unloading Vehicles and Opening Boxes. The creation of loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;

H. Loudspeakers, Amplifiers and Similar Advertising Devices. The using or operating or permitting to be played, used or operated, of 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;

I. Noises Adjacent to Schools, Courts, Churches and Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in use or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital; provided, conspicuous signs are displayed in such streets indicating that the street is adjacent to a school, hospital or court;

J. Pile Drivers, Hammers and Similar Equipment. The operation, between the hours of eight p.m. and seven a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise;

K. Radios, Phonographs, Musical Instruments and Similar Devices.

1. The using or operating, or permitting to be played, used or operated, of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighborhood inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto, and

2. The operation of any such set, instrument, phonograph, machine or device between the hours of eleven p.m. and seven a.m. in such manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which such device is located which shall be prima facie evidence of a violation of the provisions of this section;

L. Shouting by Hawkers and Peddlers. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood;

M. Steam Whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work, or as a warning of fire or danger, or upon the request of proper city authorities;

N. Vehicle Horns and Signaling Devices.

1. The sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the city except as a danger warning,

2. The creation, by means of any such signaling device of any unreasonably loud or harsh sound,

3. The sounding of any such device for an unnecessary and unreasonable period of time,

4. The use of any signaling device except one operated by hand or electricity,

5. The use of any horn, whistle or other device operated by engine exhaust, and

6. The use of any such signaling device when traffic is delayed for any reason.

(Ord. 1405 N.S. § 1, 1998; Ord. 1196 N.S. § 4 Exh. A, 1994; Ord. 328 N.S. § A (part), 1972)

(Ord. No. 2276 N.S., § 29, 5-2-2018; Ord. No. 2319 N.S., § 1, 1-20-2021)

It is unlawful for any person to violate any of the provisions of this chapter.

(Ord. No. 2276 N.S., § 29, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 29, adopted May 2, 2018, amended § 8.28.050 in its entirety to read as herein set out. Former § 8.28.050 pertained to violation—penalty and derived from Ord. 328 N.S., § A(part), adopted in 1972; Ord. 1192 N.S., § 13, adopted in 1994; and Ord. 1320 N.S., § 8, adopted in 1997.