Nevada City Municipal Code Ch. 8.20 Noise Control

The definitions in this section apply to the use of this chapter:

"Daytime" means the period from seven a.m. to nine p.m.

"Lot" means:

1. A parcel of land which under the terms of the Subdivision Map Act and Title 16 of this code exists separately from all other land;

2. An area of residential occupancy, for example, an apartment or a condominium unit, where one or more occupants have an exclusive right of occupancy;

3. Common area (whether commonly owned or subject to common rights under the terms of a lease) related to the sort of lot described above;

4. Any street.

Make Noise. The phrase "make noise" includes noise made by a person, by a machine under his control or noise made by his animals or by animals in his possession, nor shall any person in control of, or in charge of, any property permit noise to be made in excess of limits set out in this chapter.

"Nighttime" means the period from nine p.m. to seven a.m.

"Noise" means sound of any kind.

"Receiving property" means any lot other than the source property.

"Receiving zone" means the zoning ordinance zone of the receiving property.

Residential-Nonresidential. The definition of the words "residential" and "nonresidential" set out in Title 17 of this code applies.

"Street" includes highway, and means the entire public right-of-way.

"Source property" means the lot where noise originates.

"Source zone" means the zoning ordinance zone of the source property.

(Ord. 81-3 § 1, 1981)

A. Noise is measured with a meter registering sound level in decibel units according to the specifications for Type 1, 2 or 2A meters in the American National Standards Institute standard S1.4 Specifications for Sound Level Meters, using "A" weighting and the "slow" response characteristic, except for noises made by animals, when the "fast" response characteristic is used.

B. In this chapter, sound limits are in dBA.

C. For purposes of this chapter, the noise level is either the continuous measurement or the repeated peak measurement indicated by the sound level meter.

(Ord. 81-3 § 2(a), 1981)

A. Subject to the exceptions in Section 8.20.050 of this chapter, in the nighttime, no person shall make noise, nor allow an animal he keeps to make a noise exceeding the limits in this table:

B. For purposes of nighttime limits (with additional provisions in Section 8.20.050 of this chapter concerning noise in streets), noise is measured on the receiving property. If a different limit is specified in Section 8.20.040 of this chapter, no person shall make a noise louder than that limit.

(Ord. 81-3 § 3(a), 1981)

The following are specific nighttime noise limit exceptions:

A. Residential air conditioners, add 5 dBA to nighttime standards. (This provision is effective only until December 31, 1985);

B. Publicly owned motor sweepers;

C. Garbage trucks operating in nonresidential zones;

D. Garbage trucks operating after six a.m. in residential zones;

E. Dogs that made noise less than five minutes in any sixty-minute period;

F. Dogs barking to threaten a person who is trespassing or to warn of a trespass actually taking place;

G. Privately owned motor sweepers operating in nonresidential zones, after six a.m., not making noise louder than 80 dBA measured twenty-five feet from the source;

H. Events on public school grounds, before eleven p.m., which are part of a public school's general program and are approved by the governing board or administration of the school;

I. Civil events, including charitable events conducted by private organizations, when the city council has given its permission and has set noise and time limits for the event;

J. In public parks and city buildings, private events with the approval of a city commission, board or official, when the approval sets noise and time limits for the event and is granted under authority delegated by ordinance or city council resolution.

(Ord. 81-3 § 3(c), 1981)

When the source property is a street, no person shall make noise which, measured either on receiving property or twenty-five feet from the source, exceeds the limits set in Section 8.20.030 of this chapter.

(Ord. 81-3 § 3(b), 1981)

Subject to the exceptions in Section 8.20.070 of this chapter, in the daytime, no person shall make noise louder than 75 dBA measured twenty-five feet from the source. If a different limit is specified in Section 8.20.070 of this chapter, no person shall make a noise louder than that limit.

(Ord. 81-3 § 3(d), 1981)

The following are the specific daytime noise limit exceptions:

A. Gardening and yard maintenance equipment, limited to 80 dBA, measured fifty feet from the source;

B. Home power took other than those listed in this section;

C. Construction work, limited to 90 dBA, measured fifty feet from the source;

D. Chain saws, stump routers and brush clippers, limited to 90 dBA, measured fifty feet from the source;

E. Animals, limited to 82 dBA, measured on the receiving property, for a total of no more than five minutes over the regular 75 dBA limit in any sixty-minute period;

F. Motor sweepers, limited to 85 dBA, measured at twenty-five feet from the source;

G. Events on public school grounds which are part of a public school's general program and are approved by the governing board or administration of the school;

H. Civic events, including charitable events conducted by private organizations, when the city council has given its permission and has set a noise limit for the event;

I. In public parks and city building, private events with the approval of a city commission, board or official, when the approval sets noise and time limits for the event and is granted under authority delegated by ordinance or city council resolution;

J. Garbage trucks.

(Ord. 81-3 § 3(e), 1981)

The following noises are restricted to lower limits than specified in Sections 8.20.030 and 8.20.070 of this chapter: hum, whine or pure tone noise produced by an electrically powered device, limited to a maximum continuous noise level 5 dBA less than the applicable nighttime or daytime standards.

(Ord. 81-3 § 3(f), 1981)

The following noises are exempted from regulation by this chapter:

A. Sirens, horns and other warning signals on ambulance, fire and public safety vehicles and the like, while being utilized in response to an emergency condition endangering health, safety or property;

B. Work required in response to an emergency condition endangering the public welfare; and

C. A stationary or portable generator operating only during interruptions of electrical service from the distribution system or transmission grid due to circumstances beyond the operator's control.

(Ord. 81-3 § 3(g), 1981; Ord. No. 2020-16, § 1, 9-23-2020)

Any violation of this chapter shall be a misdemeanor punishable by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. A separate offense shall be deemed to have been committed for each day that such violation continues.

(Ord. 81-3 § 4, 1981)