Chapter 8.24 — NOISE CONTROL

• A. In order to control unnecessary, excessive and annoying sounds emanating from the City, it is the policy of the City to regulate such sounds generated from all sources as specified in this chapter. The intent of this chapter is to protect residential land uses from unnecessary, excessive and annoying sounds.

• B. It is determined that certain sound levels are detrimental to the public health, welfare and safety, and contrary to public interest.

• (Ord. 1-14, 2014)

The following words, phrases and terms as used in this chapter shall have the meaning as indicated below:

"Adjusted ambient noise level" means the measured ambient noise level plus three dB(A). Three dB(A) is the industry-accepted threshold of human perceptibility for a change in the noise environment.

"Ambient noise level" means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

"Decibel (dB)" means a unit which denotes the ratio between two quantities which are proportional to power: the number of decibels corresponding to the ratio of two amounts of power is 10 times the logarithm to the base 10 of this ratio.

"Emergency machinery, vehicle or work" means any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service.

"Fixed noise source" means a stationary noise source which creates sounds while fixed or motionless, including but not limited to construction equipment, industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.

"Grading" means any excavating or filling of earth material or any combination thereof conducted to prepare a site for construction or other improvements thereon.

"Hourly average" (L eq) means the energy mean or average sound level over a one hour period of time.

"Impact noise" means the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest.

"Mobile noise source" means any noise source other than a fixed noise source.

"Noise level" means the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dB(A).

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City of Orange, CA

ORANGE CODE

§ 8.24.020

§ 8.24.040

"Person" means a person, firm, association, co-partnership, joint venture, corporation or any entity, public or private in nature.

"Recurring impulsive noise" means a noise of short duration, usually less than one second, with an abrupt onset and rapid decay, which occurs repeatedly or in a cyclical manner. Examples include jack hammering, pile driving, or operational noise from a generator or other mechanical equipment that is cyclical in nature.

"Residential property" means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.

"Simple tone noise" means a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished.

"Sound level meter" means an instrument meeting American National Standard Institute's Standard Sl.4-1983 for Type 1 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

"Sound pressure level" of a sound, in decibels, means twenty times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

(Ord. 1-14, 2014)

Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in Section 8.24.020. (Ord. 1-14, 2014)

• A. The following noise standards for fixed noise sources, unless otherwise specifically indicated, shall apply to all residential property:

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Table 8.24.040
Exterior Noise Standards
Noise Level Time Period
Hourly Average (L eq) 55 dB (A) 7:00 a.m.—10:00 p.m.
50 dB (A) 10:00 p.m.—7:00 a.m.
Maximum Level 70 dB (A) 7:00 a.m.—10:00 p.m.
65 dB (A) 10:00 p.m.—7:00 a.m.
----- End of picture text -----

B. It is unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any residential property to exceed the noise standards identified in Table 8.24.040. For multi-family residential or mixed use developments located within the City's Urban Mixed Use, Neighborhood Mixed Use, Old Towne Mixed Use or Medium Density Residential General Plan land use districts, exterior noise standards shall apply to common recreation areas only and shall not apply to private exterior space (such as a private yard, patio, or balcony).

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City of Orange, CA

HEALTH AND SAFETY

§ 8.24.040

§ 8.24.050

• C. In the event the ambient noise level exceeds the noise standards identified in Table 8.24.040 of this section, the "adjusted ambient noise level" shall be applied as the noise standard. In cases where the noise standard is adjusted due to a high ambient noise level, the noise standard shall not exceed the "adjusted ambient noise level," or 70 dB(A), whichever is less. In cases where the ambient noise level is already greater than 70 dB(A), the ambient noise level shall be applied as the noise standard.

• D. Each of the noise limits specified in Table 8.24.040 shall be reduced by five dB(A) for impact or simple tone noises, recurring impulsive noises, or for noises consisting of speech or music.

• E. During a one-year period subsequent to the effective date of the ordinance codified in this chapter, the noise level standards as specified in this section, shall be increased by eight dB(A) where the alleged noise source is an air conditioning apparatus, refrigeration system, or pool equipment, which was installed prior to the effective date of the ordinance codified in this chapter.

• (Ord. 1-14, 2014; Ord. 23-24, 8/13/2024)

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

• A. Any activities such as, but not limited to, school bands, school athletic and school entertainment events on any public or private nursery, elementary, intermediate, or secondary school or college campus;

• B. Outdoor gatherings, public dances, shows, sporting and entertainment events or other public or private events provided such events are conducted pursuant to any permit or license requirements established by the City;

• C. Activities conducted on public parks, public playgrounds, and public or private school grounds that are consistent with the expected use, rules, regulations and/or permit provisions of the location;

• D. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work;

• E. Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except for Sunday or a Federal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a Federal holiday. Noise generated outside of the hours specified are subject to the noise standards identified in Table 8.24.040;

• F. All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions;

• G. Noise sources associated with agricultural operations provided such operations take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday or a Federal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a Federal holiday;

• H. Noise sources associated with agricultural pest control through pesticide application, provided that the application is made in accordance with restricted material permits issued

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City of Orange, CA § 8.24.050

ORANGE CODE

§ 8.24.080

by or regulations enforced by the Agricultural Commissioner;

• I. Noise sources associated with the maintenance of real property, provided such activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday or a Federal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a Federal holiday. Operation of leaf blowers is regulated under Chapter 8.26;

• J. Industrial or commercial noise affecting residential units, when the residential unit is associated with said industrial or commercial use (e.g. caretaker's dwellings);

• K. Any maintenance or construction activity undertaken by a public agency or utility within street right-of-way;

• L. Mobile noise sources including, but not limited to, operational noise from trains, or automobiles or trucks traveling on roadways. Transportation noise as related to noise/land use compatibility is subject to the City's General Plan Noise Element;

• M. Any activity to the extent regulation thereof has been preempted by state or federal law;

• N. Vehicle sound systems, radios and similar devices located within or upon any vehicle, to the extent the sound from such devices is regulated by provisions of the Vehicle Code of the State of California;

• O. Warning devices on authorized emergency vehicles, or horns or other warning devices on other vehicles when used for traffic safety purposes, work safety regulations (i.e., forklifts earth moving equipment), or any other device when used by public safety or City services for official purposes;

• P. Deliveries to or pickups from any commercial or industrial property sharing a property line with any residential property may occur between 7:00 a.m. and 10:00 p.m. daily. No deliveries to or pickups from any such properties shall occur outside of these hours unless approved pursuant to any permit or license requirements established by the City.

• (Ord. 1-14, 2014; Ord. 23-24, 8/13/2024)

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 as specified in Section 8.24.040, or which noise level unreasonably interferes with the use of such institutions. (Ord. 1-14, 2014)

The location selected for measuring exterior noise levels shall be the point closest to the noise source along the perimeter of the outdoor activity area (such as a private yard, patio, balcony, or common recreation area, as applicable pursuant to Section 8.24.040(B) of this chapter) of the affected residential receiving property. If the location of the outdoor activity area is unknown or unclear, the noise standard shall be applied at the point closest to the noise source along the property line of the affected residential receiving property. (Ord. 1-14, 2014)

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City of Orange, CA

HEALTH AND SAFETY

§ 8.24.080

§ 8.24.110

• A. The Director of Community Development or Chief of Police or their designee are directed to enforce the provisions of this chapter. The Director of Community Development or Police Chief or their designee are authorized, pursuant to Penal Code Section 836.5, to arrest any person without a warrant when they have reasonable cause to believe that such person has committed a misdemeanor in their presence.

• B. Administrative citations may be issued for violations of the provisions of this chapter, as set forth in Chapter 1.10 of the Code.

• C. If the Director of Community Development or Chief of Police or their designee conduct noise monitoring tests or other noise measurement readings for purposes of enforcement, and the noise level is found to exceed the noise levels in this chapter, the property owner or the operator of the noise source shall be required to pay the City's cost of the noise monitoring tests or readings.

• (Ord. 1-14, 2014; Ord. 23-24, 8/13/2024)

Any violation of this chapter is a public nuisance and may be abated in accordance with law. The expense of such abatement may, by resolution of the City Council, be declared to be a lien against the property on which such nuisance is maintained, and such lien shall be made a personal obligation of the property owner.

(Ord. 1-14, 2014)

Notwithstanding any other provisions of this chapter and in addition thereto, it is unlawful for any person to willfully make, continue, maintain, permit or cause to be made, continued, maintained, or permitted, any loud, unnecessary and unusual noise which disturbs the peace or quiet of any residential property or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. It shall be a prima facie violation of this section if any power tool, radio, receiving set, television, music amplifier, tape player, record player, compact disc player, musical instrument or similar device is played, used or permitted to be played or used between the hours of 10:00 p.m. and 7:00 a.m. when audible from a distance of 100 feet from the property line of the noise source or from a distance of 150 feet from any nonstationary noise source. For the purpose of this chapter, these prohibitions shall also be applied to stationary vehicles parked on the street or on private property. The determination may be made by a peace officer or may be proven by the testimony of any other person. Furthermore, and in addition to the provisions of this chapter, noise prohibitions pursuant to Penal Code Section 415 and Orange Municipal Code Chapter 9.39 may also be applied. (Ord. 1-14, 2014)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. The provisions of this chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law. (Ord. 1-14, 2014)

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City of Orange, CA

HEALTH AND SAFETY

§ 8.26.010

§ 8.26.040