8.28 — NOISE

The city is mostly developed with noise-sensitive residential uses. Excessive noise levels are detrimental to the health and safety of individuals. Excessive noise is considered a public nuisance and the city prohibits unnecessary, excessive, or annoying noises from all sources. Creating, maintaining, causing, or allowing to be created, caused or maintained any noise or vibration in a manner prohibited by the provisions of this chapter is a public nuisance and shall be punishable as a misdemeanor.

(Ord. 701 § 2 (Exh. 1), 2012)

Unless otherwise permitted in this chapter, no person shall make, permit to be made or cause to suffer any noises, sounds or vibrations that are so loud, prolonged and harsh as to be annoying to reasonable persons of ordinary sensitivity and to cause or contribute to the unreasonable discomfort of any persons within the vicinity. When considering whether a noise, sound or vibration is unreasonable within the meaning of this section, the following factors shall be taken into consideration:

• A. The volume and intensity of the noise, particularly as it is experienced within a residence or place of business;

• B. Whether the noise is prolonged and continuous;

• C. How the noise contrasts with the ambient noise level;

• D. The proximity of the noise source to residential and commercial uses;

• E. The time of day; and

• F. The anticipated duration of the noise.

• (Ord. 203 § 1, 1961; Ord. 701 § 2 (Exh. 1), 2012)

No person shall, within the city, operate or cause the operation, or suffer or permit the operation upon any premises owned, occupied or controlled by such person, of any tool, machine or other thing designated or used for the manufacture of goods, wares, buildings or structures, or for any commercial purpose, the noise from which can be heard at any point on any other premises, other than during the hours of seven a.m. until seven p.m. Monday, Tuesday, Wednesday, and Thursday, seven a.m. until five-thirty p.m. Friday, and nine a.m. until five p.m. Saturday. (Ord. 203 § 2, 1961; Ord. 258 § 1, 1969; Ord. 287 § 1, 1973; Ord. 310 § 1, 1975; Ord. 438 § 1, 1986; Ord. 701 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA

HEALTH AND SAFETY

§ 8.28.040

§ 8.28.040

• A. Definitions.

  1. “Leaf blower” means any portable power equipment designed or operated to produce a current of air by fuel, electricity, or other means to push, propel, or blow dust, leaves, grass clippings, trimmings or other debris.

  2. “Parcel” means an area of real property as defined by the Los Angeles County recorder.

• B. Prohibited Use. The use of a leaf blower in the following manner is prohibited:

  1. Any gasoline-powered leaf blower within lots zoned R-1 (single-family residential) or R-M (multifamily residential).

  2. Any electric or battery-powered leaf blower that creates a noise level more than sixtyfive decibels.

• C. Permitted Hours. No person shall operate an electric or battery-powered leaf blower within lots zoned R-1 or R-M at any time other than the days, times, or hours permitted in PVEMC § 8.28.030. The use of any leaf blower is prohibited on Sunday.

• D. General Requirements for Use of Leaf Blowers.

  1. No leaves or other debris shall be left in or upon any adjacent or other parcel, street, or public right-of-way.

  2. After leaf blower use, debris shall be disposed in trash receptacles.

• E. Requirements for Use of Leaf Blowers in Residential Areas.

  1. No leaf blower shall be operated for more than fifteen minutes per hour on any one parcel.

  2. Only one leaf blower shall be operated per parcel at any one given time.

  3. The full blower nozzle extension shall be used for maximum efficiency and to minimize the spread of dust.

  4. Leaf blowers shall be in proper working order, and all manufacturer’s noise and dust control equipment on the leaf blower shall remain on the blower and be in operating condition.

  5. Any leaf blower shall be subject to inspection by the city, and any leaf blower operator is, upon request, required to present appropriate documentation from the manufacturer evidencing compliance with noise level and power source regulations.

  6. Additional restrictions are set forth in subsection D of this section.

• F. Safety Requirements for Leaf Blower Operators. Operators of leaf blowers shall comply with the California Department of Industrial Regulations, Division of Occupational Safety and Health (Cal/OSHA) Standards § 1910.133 (Eye and Face Protection) and § 1910.95 (Occupational Noise Exposure).

• G. Exceptions. This section shall not apply in the following circumstances:

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City of Palos Verdes Estates, CA § 8.28.040

PALOS VERDES ESTATES CODE

§ 8.28.050

1. On city-owned property pursuant to a concession agreement;

2. In conjunction with operations by city forces or city contractors; and

3. On commercial zone properties.

• H. Penalty. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, except that, notwithstanding any other provision of this section, any violation constituting a misdemeanor under this chapter may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction.

• (Ord. 442 § 1, 1987; Ord. 528 § 2, 1991; Ord. 701 § 2 (Exh. 1), 2012; Ord. 737 § 1, 2019)

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

• A. Emergency Exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work.

• B. Warning Devices. Warning devices necessary for the protection of public safety, such as police, fire, and ambulance sirens.

• C. Outdoor Activities. Activities conducted on fully licensed and approved child day care facilities within residential areas as permitted by law, and on public or private school grounds including without limitation school athletic and school entertainment events.

• D. Outdoor gatherings, public dances, shows and sporting events, provided the events are conducted pursuant to a permit issued by the city manager.

• E. Public Health and Safety Activities. All transportation, flood control, and utility company maintenance and construction operations at any time on public right-of-way, and those situations that may occur on private property deemed necessary to serve the best interest of the public and to protect the public’s health and well-being, including without limitation street sweeping, debris and limb removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, house moving, vacuuming catch basins, removal of damaged poles and vehicles, and repair of water hydrants and mains, gas lines, oil lines, and sewers.

• F. City Concessions. Commercial operations on city-owned property pursuant to a concession agreement.

• (Ord. 701 § 2 (Exh. 1), 2012; Ord. 746 § 1, 2020)

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City of Palos Verdes Estates, CA

HEALTH AND SAFETY

§ 8.32.010

§ 8.32.010