National City Municipal Code Ch. 12.10 Prohibited Acts

A. It is unlawful to make, continue, or cause to be made or continued any noise disturbance.

B. Violations of this title may be charges under this section, or as a violation of a more specific section delineated elsewhere in this chapter or title.

(Ord. 2188 § 2, 2001)

A. Except where a higher noise limit is specified in this Chapter 12.10 or Table II of Chapter 12.06, any noise that is audible at a distance of fifty feet or more from the source of the sound, shall be prima facie evidence of a noise disturbance.

B. The acts set forth in this chapter and the causing or permitting thereof are declared to be specific examples constituting noise disturbances in violation of this title.

C. The decibel levels specified in Table III of Chapter 12.06 when assessed for nuisance noise shall be measured pursuant to section 12.06.020(E)(2) as a noise level not to be exceeded at any time, and shall not be subject to hourly averaging as Leq(h).

(Ord. 2188 § 2, 2001)

It is unlawful to operate, play or permit the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound:

A. Between the hours of ten p.m. and seven a.m. at a level that exceeds the interior noise limits of Table IV of Chapter 12.08 across the interior wall or boundary separating attached multifamily dwelling units from each other, or the exterior noise limits of Table III of Chapter 12.06 across a residential or commercial real property line; or, at any time to violate the provisions of Section 12.06.020, except for activities for which an exception has been issued pursuant to Chapter 12.16; or

B. In such a manner as to exceed the levels set forth for public space in Table III of Chapter 12.06, measured at a distance of at least twenty-five feet from such device operating on a public right-of-way or within or upon a public space.

(Ord. 2188 § 2, 2001)

A. Except as otherwise provided in Chapter 12.14 for sound trucks, it is unlawful to use or operate outdoors for any purpose any sound amplifying equipment, including a loudspeaker, loudspeaker system, or similar device, between the hours of nine p.m. and eight a.m. outdoors in a residential or commercial zone; and at any other time so as to violate the noise level provisions of Section 12.06.020.

B. This prohibition shall not apply to any activity for which an exception has been issued pursuant to Chapter 12.16 for environmental noise.

C. It is unlawful to operate any sound amplifying equipment that is not provided with an operable volume limiting control device or switch.

(Ord. 2188 § 2, 2001)

The use of sound-amplifying equipment to project telephone sound in or to any outdoor area is expressly prohibited. Any such system m existence upon the effective date of the ordinance codified in this section shall immediately be removed.

(Ord. 2188 § 2, 2001)

It is unlawful to allow any animal or bird to howl, bark, meow, squawk, or make a sound characteristic of that species which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive zone between the hours of ten p.m. and seven a.m. daily for more than three minutes, or at other times for more than ten consecutive minutes or for more than a total of fifteen minutes within any sixty minute period. This provision shall not apply to public zoos.

(Ord. 2188 § 2, 2001)

It is unlawful to load, unload, open, close or otherwise handle boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten p.m. and seven a.m. daily in such a manner as to create a noise disturbance across a residential real property line, or that at any time violates the provisions of Section 12.06.020.

(Ord. 2188 § 2, 2001)

A. Except as provided in Section 12.10.160 B, it is unlawful to operate or to allow or cause the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of seven p.m. and seven a.m., or at any time on weekends or holidays, such that the sound therefrom creates a noise across a residential or commercial real property line that violates the provisions of section 12.06.020.

B. Subsection A shall not apply to: emergency work performed by public service utilities; work on private property that is necessary for fire and life safety; work permitted pursuant to Chapter 12.16; or, to the use of domestic power tools as allowed in Section 12.10.300.

C. Noise from construction demolition activities shall not exceed the maximum noise levels at or within the boundaries of affected properties listed in the following schedule at all other times.

(Ord. 2188 § 2, 2001)

Mobile Equipment

Maximum noise levels for nonscheduled, intermittent, short-term operation (less than ten days) of mobile equipment:

Stationary Equipment

Maximum noise levels for repetitively scheduled and relatively long-term operation (periods of ten days or more) of stationary equipment:

It is unlawful to operate or permit the operation of any device that creates a vibration which exceeds the vibration perception threshold at or beyond the property boundary of the source originates on private property, or at a distance of one hundred fifty feet or more from the source if originating from a location on a public space or public right-of-way. Vibration that occurs as an incidental result of sound generation shall not be governed by this section only, but also by the prohibitions or restrictions applicable to the source of the sound.

(Ord. 2188 § 2, 2001)

It is unlawful to operate or permit the operation of powered model vehicles:

A. Between the hours of ten p.m. and seven a.m. daily so as to create a noise disturbance across a residential or commercial real property line, or at any time to violate the provisions of Section 12.06.020; or

B. In such a manner as to exceed the levels set forth for public space use in Table II of Chapter 12.06 measured at a distance not less than one hundred feet from any point along the path of the particular model vehicle being operated on the public space or public right-of-way.

(Ord. 2188 § 2, 2001)

A. Except as provided in section 12. 10.220B, it is unlawful to sound or permit the sounding of any electrically operated or electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, designed primarily for non-emergency purposes, from any place, for more than ten seconds continually in an hourly period, or intermittently over one thirty-second cumulative period in any hour.

B. Sound sources covered by this provision may be exempted or modified by special authorization pursuant to Chapter 12.16.

(Ord. 2188 § 2, 2001)

A. Except as provided in section 12. 10.240(B), it is unlawful to intentionally sound or permit the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes.

B. 1.

Testing of a stationary emergency signaling device is only permitted after seven a.m. and before seven p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds.

2. Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before seven a.m. or after ten p.m. The time limit specified in subsection B(l) shall not apply to such complete system testing.

C. Sounding or permitting the sounding of any exterior security or fire alarm or any motor vehicle security alarm for more than fifteen minutes is prohibited.

(Ord. 2188 § 2, 2001)

It is unlawful to operate or cause to be operated any motorized off-road vehicle off a public right-of-way or on private property in such a manner that the sound levels emitted therefrom violate the provisions of Section 12.06.020. This section shall apply to all motorized vehicles, whether or not duly licensed and registered or identified, including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, three-wheelers, amphibious craft, campers, snowmobiles and dune buggies, but not including motorboats.

(Ord. 2188 § 2, 2001)

It is unlawful to:

A. Create or cause the creation within any noise sensitive zone of any sound that exceeds the specified land use noise standards set forth in Section 12.06.020, provided that conspicuous signs are posted on each corner of the public right of way at the perimeter of the zone indicating the presence of the zone; or

B. Create or cause the creation of any sound within or adjacent to any noise sensitive zone containing a hospital, nursing home, school, court or other designated occupancy, so as to be audible at the exterior wall of a designated structure within that zone, provided chat conspicuous signs are posted on each corner of the public right of way at tile perimeter of the zone indicating the presence of the zone.

(Ord. 2188 § 2, 2001)

It is unlawful to:

A. Operate or permit the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between ten p.m. and seven a.m. so as to create or allow the creation of a noise disturbance across a residential or commercial property line exceeding the limits in Section 12.06.020.

(Ord. 2188 § 2, 2001)

It is unlawful to operate or permit the operation of any air conditioning or air-handling equipment in such a manner as to exceed any of the sound levels specified in Section 12.06.020.

(Ord. 2188 § 2, 2001)