Chapter 17.39 — NOISE CONTROL

The purpose of this chapter is to promote and preserve the peace and tranquility characteristic of a semi- rural environment while accommodating reasonable activities which tend to produce noise by regulating the days, hours and sources of such activities. There is a substantial personal and economic benefit for the general public in such regulations, since without effective regulation excessive noise has a detrimental effect on the health and well-being of those living and working within earshot of such noise and it adversely impacts the value of real property in the vicinity. (Ord. 04-03 § 3 Exh. A (part))

No person shall cause or permit noise on property owned, leased, occupied or otherwise in the control of that person which exceeds sixty (60) decibels as measured at a listening point on any other property, with the following exceptions: A. Specified Activities. Construction, yard maintenance and golf course maintenance activities which occur during the times specified in this chapter are exempt from the sixty- (60) decibel limit. B. Amplified Sound at Private Clubs. Decibel limits set forth in Section 17.39.7 shall prevail over this general decibel limit. C. Community Events. This limitation shall not apply to community events open to the general public, such as concerts in the park and other events sponsored by the city or the local school districts. (Ord. 04-03 § 3 Exh. A (part))

A. Intent. The purpose of this section is to regulate hours of construction in order to balance the desire of Orinda residents for a reasonably quiet home environment with the desire of their neighbors, also Orinda

residents, to improve their properties efficiently and economically. The City Council recognizes the cost to individual homeowners of requiring rented equipment to lie idle and the fact that unanticipated weather conditions may affect home construction project timing. On the other hand, the City Council expects that residents will carefully plan home construction projects to avoid typical adverse weather conditions, to finish as quickly as possible and to impact fellow neighbors as little as possible. Although exceptions to the limitations of this section may be granted, the council intends that such exceptions be granted only when the Zoning Administrator determines them to be reasonable and necessary, balancing the rights of all interested persons. B. General. It is unlawful to conduct or maintain construction activities in the City of Orinda during times other than those set forth in this subsection. 1. Weekdays. Monday through Friday, construction activities may occur between the hours of eight a.m. and six p.m. 2. Saturdays. On Saturdays, construction activities may occur between the hours of ten a.m. and five p.m. 3. Sundays. On Sundays, construction activities are prohibited except for minor maintenance and improvement projects conducted by no more than two persons, one of whom resides on the property full- time, between the hours of ten a.m. and five p.m. and not involving the use of heavy construction equipment. 4. Holidays. On the following holidays, construction activities are prohibited: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. This rule supersedes the restrictions in subsections (B)(1), (B)(2) and (B)(3) of this section. No exceptions from this holiday prohibition may be granted. C. Notice. An applicant for a building permit or grading permit shall post a sign describing the permitted hours of construction and permitted hours for use of heavy equipment in a conspicuous location near the property entrance legible from the edge of the roadway. The exact wording of the sign shall be prescribed by the Planning Department. In addition, an applicant for a building permit or grading permit shall provide written notice to each residence within three hundred (300) feet of any portion of the subject property in the form and manner prescribed by the Planning Department. D.

Heavy Construction Equipment. It is unlawful to use heavy construction equipment for residential construction on Saturdays and Sundays except as otherwise provided in this chapter. The Zoning Administrator shall have the discretion to determine if a particular machine is considered "heavy construction equipment" for purposes of Section 17.39.2. E. Exceptions. The Zoning Administrator may grant an exception from the limitations on the use of heavy construction equipment for a residential construction project on a single parcel and may impose conditions on the exception permit as necessary to minimize the public detriment, as follows: 1. One-Time Exception for Use of Heavy Construction Equipment. The Zoning Administrator shall issue a permit for the use of heavy construction equipment on Saturdays and Sundays for no more than two days in a twelve- (12) month period measured from the date of the last exception for heavy construction equipment use granted for the property, at the request of the property owner, if all other permit requirements have been met. 2. Exception for Cause. The Zoning Administrator may issue a permit for the use of heavy construction equipment on Saturdays and Sundays in addition to the one-time exception in subsection (E)(1) of this section, where the Zoning Administrator finds that, due to the nature of the project: (1) it is more efficient and cost-effective to operate heavy construction equipment during such times, and (2) as conditioned, the burden of the permitted activity on surrounding residents is reasonable. (Ord. 04-03 § 3 Exh. A (part))

It is unlawful to use power equipment for yard maintenance except as set forth in this section. A. Weekdays. Monday through Friday between the hours of eight a.m. and six p.m. B. Saturdays and Sundays. Saturday and Sunday between the hours of ten a.m. and five p.m., except that use of a chainsaw, wood chipper or gas powered leaf blower is prohibited on Sundays. C. Holidays. On the following holidays, the use of power equipment for yard maintenance is prohibited: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. This rule supersedes subsections A and B of this section. No exceptions from this holiday prohibition may be granted. (Ord. 04-03 § 3 Exh. A (part))

Maintenance of the Orinda Country Club golf course shall occur in the following times: A. Lawnmowers. Lawnmowers may be operated daily between five-thirty a.m. and five p.m., except as provided in subsection C. B. Leaf blowers. Except as provided in subsection C, leaf blowers may be operated between eight a.m. and five p.m. Monday through Saturday and on holidays and leaf blowers may not be operated on Sundays. C. Men's and Women's Invitational. During the men's invitational and the women's invitational events, lawnmowers and leaf blowers are permitted from four a.m. to eight a.m. and five p.m. to nine-thirty p.m. (Ord. 04-03 § 3 Exh. A (part))

If a natural disaster or other unforeseen event requires the operation of machinery to avert an imminent serious threat to public health, safety and welfare, the time and decibel limits of this chapter shall not apply. (Ord. 04-03 § 3 Exh. A (part))

The following regulations apply to outdoor social events and swim activities at private clubs in Orinda. A. General Sound Amplification Limits. A sound amplification device shall not create a sound which is greater than sixty (60) decibels from seven a.m. to ten p.m. or greater than fifty-five (55) decibels from ten p.m. to seven a.m. as measured at a listening point off premises, except as otherwise specified in this section. B. Time Limitations. Amplified sound at swim activities and outdoor social events shall be prohibited except as follows: 1. May through August: ten a.m. to nine p.m., except that extended hours of eight a.m. to ten p.m. shall be permitted for no more than twenty (20) days; 2.

September through April: noon to eight p.m., except that extended hours of noon to ten pm. shall be permitted for no more than twenty (20) days; C. Dial Settings. The dial settings on sound amplification systems shall be marked to indicate the maximum setting that will not exceed fifty-five (55) and sixty (60) decibels. D. Speakers. Sound system speakers shall be attached to the ground or a permanent structure where possible and positioned to direct sound away from surrounding residences to the greatest extent possible. E. Portable Sound Amplification. The use of portable sound amplification devices is prohibited at all times. F. Notice by Calendar. Each private club shall publish a calendar of events at least four weeks before the beginning of the swim season. The calendar shall be posted prominently at the club entrance and shall be made available to members of the public who provide a written signed request. The calendars shall state that scheduling changes may occur from time to time and that prior notice of changes will be given to interested parties to the extent possible. G. Internal Enforcement. The club shall designate one or more persons to be responsible for enforcing the rules set forth in this section on club premises at all times. Information for contacting the responsible person or persons at any time during the day and the night shall be included on the calendar and posted prominently at the pool entrance. H. Disc Jockeys. Social events at swimming pools are prohibited from using disc jockeys, except for club socials supervised by an adult club official charged with the duty to enforce the regulations in this section. I. Posting. The rules set forth in this section shall be posted in conspicuous locations on all weather placards by the entrance, the sound system controls and in the pool area. (Ord. 04-03 § 3 Exh. A (part))

A. Animal Noise. No person shall own, possess, harbor, control or keep on any premises, any dogs, fowl or other animals, that bark, bay, cry, howl or make any other noise so continuously or incessantly as to

unreasonably disturb the peace or quiet of any two persons living in different households within three hundred (300) feet of the location of the disturbance. B. Violation. Any person who shall keep or permit to remain on any premises any animal as defined in subsection A of this section is guilty of a violation of this title, provided that during the time that the animal is making such a noise, no person or other animal is trespassing or threatening to trespass or no person is teasing or provoking the animal. This section shall not be construed to prohibit the keeping of any watchdog, provided that the keeper takes immediate steps to quiet such dog whenever it barks, and provided that the keeper never leaves the dog unattended on the premises in a place where its barking, if prolonged or repeated an undue number of times, disturbs the peace or quiet of any two persons living in different households within three hundred (300) feet of the locations of the disturbance. (Ord. 04-03 § 3 Exh. A (part))

The following regulations apply to mechanical equipment which is permanently affixed to a structure or on the ground, including but not limited to air conditioners, pool equipment and spa equipment, except for emergency back-up power generators. A. Mechanical Equipment Installed On or After July 1, 2004. 1. Mechanical equipment shall be screened or enclosed with sound-insulated materials so that at the property line, it does not create noise that exceeds forty-five (45) decibels. 2. Mechanical equipment shall be installed closer to a habitable structure on the property it serves than to a habitable structure on adjacent properties, unless the property owner demonstrates to the Building Official or Zoning Administrator that such location is not feasible. Regardless of the location of the mechanical equipment, it must be screened or enclosed with sound-insulated materials so that at the property line it does create noise that exceeds forty-five (45) decibels. B. Mechanical Equipment Installed Before July 1, 2004. Mechanical equipment that creates noise that exceeds forty-five (45) decibels at the nearest property line, as verified by the Planning Department, shall be screened or enclosed to attenuate the noise level to no more than forty-five (45) decibels at the property line within sixty (60) days of receipt of notice from the city to screen or enclose. (Ord. 04-03 § 3 Exh. A (part))

The following regulations shall apply unless otherwise specified in this chapter. A. Violation. A separate violation exists for each hour (or the actual time period, if less than an hour) during which a violation of this chapter occurs, except that a violation of Section 17.39.7 concerning the regulation of amplified sound exists every thirty (30) minutes (or the actual time period if less than thirty (30) minutes) during which a violation occurs. Time shall be measured from the reporting of the violation to the City of Orinda Police Department or a Planning Department employee. B. Verification. A violation shall be verified by a police officer or other City of Orinda personnel and using a decibel meter where required. C. Civil Penalty. A violation of this chapter shall be subject to civil penalties, in addition to all other penalties and remedies under local, state and federal law. When a violation of this chapter occurs, both the property owner and the person or persons whose conduct causes or permits the violation, if not the same, shall be responsible for the payment of fines imposed under this chapter. The amount of the civil penalty shall be that established by the City Council from time to time in the comprehensive fee schedule, except as specified in this section. 1. Penalty Enhancement. If the violator or property owner fails to correct the violation, subsequent administrative citations may be issued for the same violation(s). The amount of the civil penalty assessed for each section violated shall not exceed the following amounts: a. First administrative citation: the amount shown on the city's comprehensive fee schedule, b. Second administrative citation within one year for violation of the same code section: two times the fee schedule amount, c. Third or subsequent administrative citation within one year for violation of the same code section: five times the fee schedule amount. 2. Effect of Payment. Payment of the civil penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city. 3.

Place of Payment. All civil penalties assessed shall be payable to the city at the address provided on the administrative citation. 4. Late Fee. If payment of a civil penalty and proof of correction is not received by the Compliance Officer within twenty-one (21) days of service of the citation, then a late fee shall be assessed. The amount of the late fee shall be one hundred (100) percent of the total amount of the civil penalty owed. 5. Failure to Pay is a Debt. The failure of any person to timely pay a civil penalty assessed by administrative citation or any late fee constitutes a debt to the city. To enforce that debt, the Director of Finance or designee may file a claim with the small claims court, or pursue any other legal remedy to collect such money. D. Private Cause of Action. After making a good faith effort to resolve a noise problem directly with the person or persons responsible for the noise, and on providing credible evidence of that good faith effort, an individual may bring a private civil action for a violation of this chapter, which is a nuisance. E. Citation. When a violation of this chapter has been established and no courtesy notice is required, the Compliance Officer shall issue an administrative citation to the person or entity responsible for the violation, imposing the penalty provided by this section. (Gov. Code Sections 53069.4 and 36901.) F. Contents of Citation. Each administrative citation shall be in a form prescribed by the Zoning Administrator and shall contain the following information: 1. The date of the violation; 2. The address or a definite description of the location where the violation occurred; 3. The section of this chapter violated and a description of the violation; 4. The amount of the fine for the violation; 5.

A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid; 6. An order prohibiting the continuation or repeated occurrence of the violation described in the administrative citation; 7. A description of the administrative citation appeal process, including the time within which the administrative citation may be contested; and 8. The name and signature of the Compliance Officer. G. Service of Citation. The Compliance Officer may issue an administrative citation to the: (1) violator, (2) property owner, (3) tenant, (4) whoever is in control of the premises or the activity which constitutes a violation, or (5) all of them, in any manner provided in subsection E of this section. 1. Personal Service. The Compliance Officer may serve the administrative citation directly to a responsible party. If so, the Compliance Officer may obtain the signature of the responsible person on the administrative citation to establish personal service of the citation. If that person is not located, refuses or otherwise does not sign the administrative citation, the lack of signature shall in no way affect the validity of citation and proceedings. In such cases, the Compliance Officer shall serve the citation as provided in subsection (E)(2) of this section. 2. Service by Mail. If the Compliance Officer is unable to locate the responsible party, or the responsible party refuses or otherwise does not sign the citation, the administrative citation shall be served on the responsible party as follows: a. The administrative citation shall be mailed to the responsible party by first class mail. If the responsible party is the property owner, it shall be sent to the mailing address maintained for the property by the County Tax Assessor. If the responsible party is the tenant or other possessor of property where the violation exists, it shall be sent to the property address, if possible. In all other cases, service shall be made at the responsible party's last known address. b. The failure of any responsible party to receive a properly addressed and mailed citation shall not affect the validity of any proceeding under this chapter.

c. Service of the administrative citation in the manner described in this section shall be effective on the date of mailing. (Ord. 04-03 § 3 Exh. A (part))

For purposes of this chapter, the following terms shall be defined as follows: "Amplified sound" means any sound whose decibel level is increased by artificial means beyond the natural decibel level. "Club social" means an outdoor event sponsored by a private club for some or all club members and their guests; the definition excludes, for example, sporting events and personal social events by invitation only. "Construction activities" means and includes any act of building, altering, demolishing, grading, excavating, renovating or repairing property or structures and includes unloading machinery, equipment, materials and supplies and other preparatory activities on the site. The term "construction activities" excludes routine home repairs inside the residence. "Disc jockey" means a person who operates sound amplification systems for social events and whose responsibilities may include selecting recorded music and providing commentary by microphone. "Heavy construction equipment" means earth-moving machines, tractors, forklifts, bulldozers, backhoes, jackhammers and heavy compressors. "Listening point" means a location on residential real property where a resident, using his or her property in a reasonable manner, should be free of unwanted amplified sounds. A listening point will be found: (1) within thirty (30) feet of any portion of the residential structure or ancillary structures, decks, patios and other outdoor gathering places, or (2) in other areas outside the thirty- (30)foot limit where typical residential uses and activities including but not limited to gardening, reading or exercise might occur from time to time. "Off premises" means that a sound is heard on property other than that from which the sound originates. "Portable sound amplification device" means a portable radio and a portable tape and CD player ("boom box"). "Power equipment for yard maintenance" means motorized equipment to move, mow, trim, saw, chop, break, cut, prune, or otherwise dispose of vegetative matter and shall include but is not limited to motorized leaf blowers, chainsaws, mowers, tillers, hedge trimmers, saws, weed-eaters, scythes, stump grinders, mulchers, and brush chippers. "Sound-amplifying devices or equipment" means any device for the amplification of the human voice, music, or any other sound, including but not limited to portable radios and tape and CD players, public address systems, megaphones, sound systems for announcing athletic events, including practices, and sound systems for broadcasting music. Sound-amplifying equipment and devices for purposes of this chapter exclude vehicle radios and other sound systems at a level not heard outside the vehicle,

emergency service vehicle horns and sirens and sound-amplifying equipment used on school district property for school district purposes. (Ord. 04-03 § 3 Exh. A (part))