Chapter 8.20 — NOISE CONTROL

It is declared to be the policy of the city to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power.

(Prior code § 51000)

It is unlawful for any person on residential property or a public way to wilfully make or continue or cause to be made or continued by human voice, machine, animal or device, or any combination thereof, any offensive, excessive, unnecessary or unusually loud noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others on residential property or public ways within the city.

(Prior code § 51010)

The standards which shall be considered in determining whether a violation of the provisions of Section

A.

The frequency of the noise;

B.

The intensity of the noise;

C.

Whether the nature of the noise is usual or unusual;

D.

Whether the origin of the noise is natural or unnatural;

E.

The frequency and intensity of the background noise, if any;

F.

The proximity of the noise to residential sleeping facilities;

G.

The nature and zoning of the area within which the noise emanates;

H.

The density of the inhabitation of the area within which the noise emanates;

I.

The time of the day or night the noise occurs;

J.

The duration of the noise;

K.

Whether the noise is recurrent, intermittent or constant; and

L.

Whether the noise is produced by a commercial or noncommercial activity.

(Prior code § 51020)

A.

No person shall use, operate or permit to be played, used or operated any radio, musical instrument, phonograph, stereo, tape player, compact disc player, television, or other machine or device for producing

or reproducing sound in such a manner as to disturb the peace, quiet and comfort of neighboring residential inhabitants at any time with volume louder than is necessary for convenient hearing for the persons who are in the room, vehicle, chamber, residence or building, in which such machine or device is operating.

The operation of any such machine or device between the hours of ten p.m. and seven a.m. in such a manner as to be plainly audible at a distance of fifty (50) feet from the residential building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this chapter.

B.

No person shall at any time use, operate or permit to be played, used or operated any radio, stereo, tape player, sound amplifier, compact disc player, or other machine or device for producing or reproducing sound from any motor vehicle on any public street with volume louder than is necessary for convenient hearing for the persons who are in the motor vehicle in which such machine or device is operating.

The operation of any such sound machine or device in such a manner as to be plainly audible at any time at a distance of ten (10) feet from the motor vehicle in which it is located shall be prima facie evidence of a violation of this chapter.

(Prior code § 51030)

Any person who shall violate or refuse to abide by any provision of this chapter shall be subject to the penalties set forth in Section 1.12.020 of this code.

(Prior code § 51040)