Oceanside Municipal Code Art. IV Prohibited Noises

It shall be unlawful for any person to make, continue, or cause to be made or continued, within the limits of the City of Oceanside, any disturbing, excessive, or offensive noise which causes discomfort or annoyance to reasonable persons of normal sensitivity.

The following characteristics and conditions shall be considered in determining whether there exists a violation of the general prohibition of this section:

(1) The level of noise;

(2) Whether the nature of the noise is usual or unusual;

(3) The level of background noise;

(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.

It shall be rebuttably presumed that any noise which complies with the area sound level limits prescribed by section 38.12 is not in violation of the general prohibition of this section.

(Ord. No. 90-21, § 2, 5-23-90)

Notwithstanding the rebuttable presumption referenced in section 38.16, the following acts are declared to cause disturbing, excessive, or offense noises in violation of this article although such enumeration shall not be deemed to be exclusive:

(a) Horns, signaling devices etc. The intentional sounding of any horn or other signaling device on any automobile, motorcycle, or other vehicle, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time.

(b) Radios, phonographs, etc. The use or operation of any sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, loud speaker, sound amplifier, or other sound machine or device used for the purpose of producing or reproducing sound in such a manner as to disturb the peace, quiet, or comfort of any reasonable person of normal sensitivity. The operation of any such machine or device in such a manner as to be plainly audible at a distance of fifty (50) feet from its location shall be prima facie evidence of a violation of this section.

(c) Loud-speakers, amplifiers for advertising. The using, operating, or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, loud-speaker, 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. This section shall not be applicable to ice cream vending vehicles as defined and regulated by chapter 12, article VII of this Code.

(d) Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly 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 persons in any office, or in any dwelling, hotel, or other type of residence or any persons in the vicinity.

(e) Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long-continued and unreasonably loud noise shall disturb the comfort or repose of any person of normal sensitivity in the vicinity.

(f) Exhausts. The noise emanating into the open air of the noise from the exhaust of any 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) Hawkers, peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the persons in the vicinity.

(h) Pile drivers, hammers, etc. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pneumatic or air hammer, pile driver, steam shovel, derrick, steam, or electric hoist, parking lot cleaning equipment or other appliance, the use of which is attended by loud or unusual noise.

(Ord. No. 90-21, § 2, 5-23-90; Ord. No. 93-05, § 1, 2-17-93)