Pacifica Municipal Code Ch. 10 Loud, Disturbing, Unusual, and Unnecessary Noises

It is hereby found and declared as follows:

(a) That the making, creation, or maintenance of loud, unnecessary, unnatural, or unusual noises which are prolonged, unusual, and unnatural in their time, place, and use affect and are a detriment to the public health, comfort, convenience, safety, welfare, and prosperity of the residents of the City; and

(b) That the necessity in the public interest for the provisions and prohibitions set forth in this chapter is declared as a matter of legislative determination and public policy, and it is further declared that the provisions of this chapter are in pursuance of, and for the purpose of, securing and promoting the public health, comfort, convenience, safety, welfare, and prosperity and the peace and quiet of the City and its inhabitants.

(§ 1, Ord. 211)

It shall be unlawful for any person to make or continue, or cause to be made or continued, any loud, disturbing, unnecessary, or unusual noise or any noise which annoys, disturbs, injures, or endangers the comfort, health, repose, peace, or safety of other persons within the City.

(§ 2, Ord. 211)

The following noises, among others, are hereby declared to be loud, disturbing, unnecessary, and unusual noises in violation of the provisions of this chapter; provided, however, such enumeration shall not be deemed or construed as in any degree exclusive, but merely illustrative, it being the intent and purpose of the provisions of this chapter to include and prohibit all noises of the kind and character described in Section 5-10.02 of this chapter:

(a) Vehicle horns and signaling devices.

(1) The sounding of any horn or signaling device on any automobile, motorcycle, streetcar, or other vehicle on any street or public place of the City except as a danger warning;

(2) The creation, by means of any such signaling device, of any unreasonably loud or harsh sound;

(3) The sounding of any such device for an unnecessary and unreasonable period of time;

(4) The use of any signaling device except one operated by hand or electricity;

(5) The use of any horn, whistle, or other device operated by engine exhaust; and

(6) The use of any such signaling device when traffic is delayed for any reason;

(b) Radios, phonographs, musical instruments, and similar devices.

(1) The using or operating, or permitting to be played, used, or operated, of any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle, or chamber in which such machine or device is operated and who are voluntary listeners thereto; and

(2) The operation of any such set, instrument, phonograph, machine, or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of fifty (50′) feet from the building, structure, or vehicle in which such device is located which shall be prima facie evidence of a violation of the provisions of this section;

(c) Loudspeakers, amplifiers, and similar advertising devices. The using or operating, or permitting to be played, used, or operated, of any radio receiving set, musical instrument, phonograph, loudspeaker, 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 to any building or structure;

(d) Yelling, shouting, and similar noises. 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 of any person in the vicinity;

(e) Animals and birds. The keeping of any animal or bird causing frequent or long-continued noise, disturbs the comfort or repose of any persons in the vicinity;

(f) Steam whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work, or as a warning of fire or danger, or upon the request of proper City authorities;

(g) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;

(h) Defective or loaded vehicles. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise;

(i) Loading and unloading vehicles and opening boxes. The creation of loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers;

(j) Construction or repairing buildings and excavating.

(Repealed by § 1, Ord. 215-C.S., eff. December 14, 1977)

(k) Adjacent to schools, courts, churches, and hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, or court while the same is in use or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the street is adjacent to a school, hospital, or court;

(l) Shouting by hawkers and peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturb the peace and quiet of the neighborhood;

(m) Pile drivers, hammers, and similar equipment. The operation, between the hours of 8:00 p.m. and 7:00 a.m., of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other appliance, the use of which is attended by loud or unusual noise;

(n) Blowers, fams, and combustion engines. The operation of any noise-creating blower, power fan, or internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device to deaden such noise;

(o) Auto body repairs.

(1) The repairing of any auto body, or part thereof, except within a completely enclosed building and the noises therefrom are reasonably confined to such building; and

(2) The repairing of any auto body, or part thereof, between the hours of 8:00 p.m. and 7:00 a.m., which shall be deemed a violation of the provisions of this section; and

(p) Solid waste collection. The collection of solid waste, including garbage, refuse, rubbish, and recyclable materials, by a duly authorized solid waste franchise operator other than between the hours of 5:30 a.m. and 8:00 p.m. except in the event of urgent necessity in the interest of the public health, safety, and welfare pursuant to written authorization of the City Manager, which may be granted for the duration of the urgency. In addition, if the City Manager determines that the public health, safety, or welfare will not be impaired by the collection of solid waste between the hours of 8:00 p.m. and 5:30 a.m., and if he or she further determines that such hours of collection are necessary to romote efficient and economical solid waste collection, the City Manager may grant written authorization for such solid waste collection to be completed between the hours of 8:00 p.m. and 5:30 a.m.

(§ 3, Ord. 211, as amended by § 1, Ord. 94-C.S., eff. December 12, 1973, § 1, Ord. 215-C.S., eff. December 14, 1977, and § 1, Ord. 581-C.S., eff. November 13, 1991)