Chapter 21.83 — NOISE

The purpose of this chapter is to provide standards to regulate excessive, unnecessary, and annoying noise from all sources within the city subject to the city's police power.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The city council finds:

A.

The making and creation of excessive, unnecessary, and annoying noises within the limits of the city is a condition which has existed for some time and the extent and volume of such noises is increasing;

B.

Excessive, unnecessary, or annoying noise within the city is detrimental to the public health, safety, welfare, and the peace and quiet of the inhabitants of the city;

C.

Every person in the city is entitled to live in an environment free from excessive, unnecessary, or annoying noise levels;

D.

Noise is recognized as an inherent by-product of many land uses and the economic base of the city is protected by preventing the encroachment of noise-sensitive land uses into areas affected by existing noise-producing uses;

E.

Concerts and tourism-related events contribute to the vitality and character of the city and balancing the acoustical requirements of both residents and such businesses and events is of vital importance to the city; and

F.

The establishment of maximum permissible noise levels will further the public health, safety, welfare, peace, and quiet of city inhabitants.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The following words, phrases and terms as used in this chapter shall have the following meanings: "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.

"A-weighting" means a frequency-response adjustment of a sound level meter that conditions the output signal to approximate human response. All noise level measurements and noise standards associated with this noise element are provided in terms of A-weighted sound levels.

"Decibel" or "dB" means fundamental unit of sound, defined as ten times the logarithm of the ratio of the sound pressure squared over the reference pressure squared.

"Emergency work" means the use of any machinery, equipment, vehicle, manpower, or other activity in an effort to protect, maintain, provide, or restore safe conditions in the community or for citizenry, or work by private or public utilities when restoring utility service.

"Fixed noise source" refers to sources of noise occurring on private property that are not regulated at the local level. They may be fixed in a certain position or mobile on the private property, but do not include mobile vehicles on public roadways, railroad, or aircraft operations. For example, the city cannot regulate how much noise a car on a public roadway can generate, as such levels are regulated at the state level. However, the city can regulate the level of noise that is generated on private property as it affects other properties. Traffic on public roadways, railroad operations, and aircraft in flight cannot be regulated at the local level.

"Frequency" means the measure of the rapidity of alterations of a periodic acoustic signal, expressed in cycles per second or hertz.

"Hertz" means the unit of measurement of frequency, numerically equal to cycles per second.

"Leq" means equivalent or energy-averaged sound level.

"L max" means the highest root-mean-square (RMS) sound level measured over a given period of time.

"Loudness" means a subjective term for the sensation of the magnitude of sound.

"Noise" means unwanted sound.

"Sensitive outdoor areas" means the primary outdoor activity area associated with any given land use at which noise- sensitivity exists and the location at which the city's exterior noise level standards are applied. Additional definitions of sensitive areas of various residential uses follow.

"Sensitive areas of single-family residential uses" is normally considered to be back yards or distinct rear patio/deck areas. Front yard spaces may be identified as the sensitive exterior area if there are no other clearly identifiable private outdoor activity areas proposed as part of the residential property. Elevated balconies front courtyards, front decks, side yards, etc., are not commonly considered to be sensitive outdoor activity areas. Where the location of outdoor activity areas for large lot residential properties cannot be determined, the city's exterior noise level standards shall be applied within fifty feet of the rear of the residence.

"Sensitive areas of multi-family residential uses" means common outdoor recreation areas, such as pools, tot-lots, tennis courts, etc., of multi-family uses are considered to be the sensitive outdoor area. Individual patios and balconies of multi-family developments are not considered to be sensitive outdoor areas.

"Sensitive areas of residential component of mixed-use developments" means mixed use developments will commonly consist of residential units on elevated floors above office or commercial uses. As a result, such uses may not include a clearly delineated sensitive outdoor area, in which case satisfaction with the city's interior noise level standards will be considered adequate. The exterior noise standards for the residential component of mixed-use developments shall not be applied to patios or balconies facing the noise source (i.e. street).

"Sensitive areas of nonresidential uses" means the noise sensitive area of nonresidential uses should be evaluated on a case-by-case basis. For example, the exterior areas surrounding hospitals, schools, and office buildings are not commonly considered to be noise-sensitive, whereas the interior spaces of such uses are noise sensitive. The noise standards contained in Tables 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) and Table 21.83.080-1 (Noise Standards for Outdoor Venues Generating Amplified Music or Speech) should only be applied to locations within a proposed use where noise sensitivity can be demonstrated.

"Simple tone noise" or "pure tone noise" means a noise characterized by the presence of a predominant frequency or frequencies such as might be produced by whistle or hum.

"Sound level meter" means an instrument meeting American National Standard Institute's Standard S1.4-1971 for type 1 or 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

"Sound pressure level" means a sound pressure level of a sound, in decibels, as defined in ANSI Standards 51.2- 1962 and 51.13-1921; that is, 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. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Notwithstanding any other provisions of this chapter and in addition thereto, it is unlawful for any person to willfully make or continue or cause to be made or continued any excessive, unnecessary, or offensive noise levels, which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

The standards that shall be considered in determining whether a violation of the provisions of this chapter exists shall include, but not be limited to, the following:

A.

The sound level of the objectionable noise;

B.

The sound level of the ambient noise;

C.

The proximity of the noise to residential uses;

D.

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

E.

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

F.

The time of day or night the noise occurs;

G.

The duration of the noise and its tonal informational or musical content;

H.

Whether the noise is continuous, recurrent or intermittent; and

I.

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

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined herein with the A-weighting network under the "slow" meter response. The meter shall be calibrated immediately prior to use and fitted with a wind screen.

B.

The location selected for measuring exterior noise levels shall be at the location identified as having exterior noise sensitivity as defined above. Where feasible, the microphone shall be at a height of five feet above ground level and shall be at least five feet from walls or similar reflecting surfaces. In the case of interior noise measurements, the windows shall be closed and the measurement shall be made at a point at least five feet from the wall, ceiling, or floor nearest the affected occupied area.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

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A.

The noise standards contained in Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non- Transportation] Noise Sources) below, unless otherwise specifically indicated in this chapter, shall apply to all noise- sensitive exterior and interior areas within the city.

B.

It is unlawful for any person at any location within the city to create any noise which causes the noise levels on an affected property, when measured in the designated sensitive exterior or interior location, to exceed the noise

standards specified below in Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) and the noise standards contained in Tables N, 1, and 2 in the noise element of the general plan.

Table 21.83.060-1: Exterior Noise Standards for Locally Regulated (Non-Transportation) Noise Sources

Receiving Land Use Period 3 Exterior Areas 1 Interior Spaces 2

                                              Lmax 4     Leq 5      Lmax 4     Leq 5

Residential Day 75 55 60 45

                                             Evening     70         50         55         40

                                                Night       65         45         45         35

Mixed-use residential Day — — 60 45

                                             Evening   —     —         55         40

                                                Night    —     —         45         35

Hotels, hospitals6, & nursing homes Day 75 60 60 45

                                             Evening     75         55         55         40

                                                Night       70         50         45         35

Uptown/Town Center Specific Plan Area Residential Day 80 60 60 45

                                             Evening     75         55         55         40

                                                Night       70         50         45         35

Theaters & auditoriums Day 75 55 40 35

                                             Evening     70         50         40         35

                                                Night    —     —         40         35

Churches, meeting halls, libraries Day 75 55 55 45

                                             Evening     70         50         55         40

Schools7 Day — — 55 40

                                             Evening   —     —         55         40

Office/professional Day 80 60 60 45

                                             Evening     75         55         60         45

Commercial/retail buildings Day 80 60 60 50

                                             Evening     75         55         60         50

Playgrounds, parks, etc. Day 75 55 — —

                                             Evening     75         55     —     —

Industrial Day 80 60 60 50

                                             Evening     75         55         60         50

Specific Notes:

Noise sensitive areas are defined acoustic terminology section.

Interior noise level standards are applied within noise-sensitive areas of the various land uses, as defined in the acoustic terminology section, with windows and doors closed.

Daytime hours = 7:00 a.m. to 7:00 p.m., evening hours = 7:00 p.m. to 10:00 p.m., nighttime hours = 10:00 p.m. to 7:00 a.m.

Lmax = Highest measured sound level occurring during a given interval of time (Typically one hour).

Leq = Average or "Equivalent" noise level during the worst-case hour in which the building is in use.

Hospitals are often noise-generating uses. The exterior noise level standards for hospitals are applicable only at clearly identified areas designated for outdoor relaxation by either hospital staff or patients.

Exterior areas of school uses are not typically noise-sensitive. As a result, the standards for schools are focused on the interior office and classroom spaces.

General Notes Applicable to All Noise Standards and Land Uses:

a.

Where the noise source in question consists of speech or music, or is impulsive in nature, or contains a pure tone, the noise standards of this table are reduced by five dB.

b.

Where ambient noise levels exceed the noise level standards shown above, the noise standards shall be increased in five dBA increments to encompass the ambient.

c.

Reductions in the noise standards for noise sources identified in general note "A" above shall be applied after any increases warranted by elevated ambient conditions prescribed in general note "B," subject to verification through a noise study.

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C.

Due to variations in types of both noise-generating and noise-sensitive land uses, as well as variations in ambient conditions in the city, the city shall have the ability to set noise standards up to five dBA higher or lower than the Table

determined appropriate by the planning commission and/or zoning administrator.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Persons utilizing short-term rentals pursuant to Chapter 21.64 (Short-Term Rentals) shall not exceed the noise standards of Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) at the noise-sensitive areas of any land uses located within the city.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The following policy is intended to provide event operators the ability to continue to operate while remaining cognizant of the sensitivity of residential and other noise-sensitive receptors located within the city.

A.

The Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) standards shall apply to existing and proposed venues where amplified music and speech would occur.

B.

For venues within the city's jurisdiction that have been the subject of repeated, legitimate (verifiable) noise complaints, the city shall reserve the right to require ongoing noise monitoring and reporting. Where such reporting indicates that venues existing at the time of adoption of the ordinance from which this title is derived are exceeding the Table

established after the adoption of the ordinance are exceeding the Table 21.83.080-1 (Noise Standards for Outdoor Venues Generating Amplified Music or Speech) standards, the city shall have the authority to impose sanctions upon the operator, including revocation of use permits.

Table 21.83.080-1: Noise Standards for Outdoor Venues Generating Amplified Music or Speech

Venue Table 21.83.060-1 Mixing Booth 6 Footnotes Standards Applicable? 1,2 Target Levels, dBA

Mid-State Fairgrounds No 100 Leq, 110 Lmax 3

Vina Robles Amphitheater Yes 100 Leq, 105 Lmax 4

Downtown City Park No None 5

New venues Yes As determined necessary to satisfy Table

noise analysis

Notes:

Leq = Average or "Equivalent" noise level. Represents the energy average of all noise occurring during a given period (typically one hour).

Lmax = Highest measured sound level occurring during a given interval of time (Typically one hour).

Operations of the Mid-State Fairgrounds are not subject to control by the city of Paso Robles. As a result, the mixing booth sound levels are identified as voluntary for this venue. It should be noted, however, that measurements of concert sound at this venue indicated substantial conformity to the mixing booth target levels.

Studies have shown that compliance with the mixing booth sound target levels has resulted in compliance with the Table 21.83.080-1 (Noise Standards for Outdoor Venues Generating Amplified Music or Speech) noise standards at the nearest sensitive receptors during events at the Vina Robles Amphitheater.

Concerts related to events held at the Downtown City Park are subject to obtaining a permit from the city and are exempt from the provisions of this noise element provided they adhere to the city permit conditions.

The mixing booth location is generally defined as being approximately one hundred feet in front of the stage, but this location can vary by venue.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

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Notwithstanding any of the provisions of this chapter, including full compliance with Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) and Table 21.83.080-1 (Noise Standards for Outdoor Venues Generating Amplified Music or Speech), the following acts are prohibited within the city, subject to the exceptions cited in this chapter:

A.

Radio, Television Sets, Musical Instruments, and Similar Devices. Operating, playing, or permitting the operation or playing of any radio, stereo, television set, audio equipment, electronic equipment, drum, musical instrument, or device which produces or reproduces sound at any time of day plainly audible over background ambient conditions at a distance of one hundred feet from such device. This section does not apply to places of public entertainment or to events for which a lawful permit has been obtained, provided that the activities producing sound are being conducted in compliance the permit.

B.

Animals. The keeping of any animal or bird, as pet or livestock, which causes noise so loud, so frequently, and continued over so long a period as to deprive persons residing in two or more separate residences in the neighborhood of the comfortable enjoyment of their home. For the purposes of this subsection, the animal noise shall not be deemed a disturbance or nuisance if the noise is in response to a person trespassing or threatening to trespass upon private property in or upon which the animal is situated or if the noise is in response to someone teasing or provoking the animal.

C.

Private Alarm Systems. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within five minutes of activation.

D.

Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 9:00 p.m. and 6:00 a.m. in such a manner as to cause a noise disturbance within a noise-sensitive area.

E.

Private Parties. Any noise, commotion or sound resulting from a party between the hours 10:00 p.m. and 7:00 a.m. Sunday through Thursday and 12:00 a.m. and 7:00 a.m. Friday and Saturday that creates sound determined by either code enforcement of city peace officers to be excessive for the time and location, or determined to be in violation of the Table 28.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) standards of this chapter. For purposes of this section, "party" means a gathering for social or entertainment purposes at a private residence or other location but does not include sound generated by a valid commercial use such as a bar or restaurant that is in compliance with all other applicable requirements of local regulations.

F.

Vibration. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at any sensitive location if the source is on private property or at one hundred fifty feet from the source if on a public space or public right-of-way.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

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

A.

Emergency warning devices and equipment operated in conjunction with emergency situations, such as sirens and emergency generators that are activated during power outages. The routine testing of such warning devices and equipment, including generators, is also exempt provided such testing occurs during daytime hours.

B.

All activities occurring at public schools and public school playgrounds and sporting fields, as such activities are not regulated at the local level.

C.

Activities at private schools, parks, or playgrounds, provided such activities occur during daytime hours (7:00 a.m. to 10:00 p.m.).

D.

Activities associated with special events approved by the city.

E.

Construction and demolition activities located within one thousand feet of noise-sensitive land uses provided they occur during normal daytime hours, excluding Sundays and federal holidays, subject to the conditions imposed by city permit. For construction activities, daytime hours are defined as 7:00 a.m. to 7:00 p.m. Construction activities occurring between the hours of 7:00 p.m. and 7:00 a.m. must comply with the interior noise level standards identified in Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) unless an exception has been granted by the Department. An exception for concrete pours or other construction activities requiring an early morning start time may be authorized by the zoning administrator.

F.

Construction and demolition activities located beyond one thousand feet of noise-sensitive land uses, subject to the conditions imposed by city permit. For construction activities, daytime hours are defined as 7:00 a.m. to 7:00 p.m.

G.

When an unforeseen or unavoidable condition occurs during a construction project and the nature of the project necessitates that work in process be continued until a specific phase is completed, the contractor or owner shall be allowed to continue work outside of the hours delineated above and to operate machinery and equipment necessary until completion of the specific work in progress can be brought to conclusion under conditions which will not jeopardize inspection acceptance or create undue financial hardships for the contractor or owner.

H.

In the event of an emergency involving agricultural activities that requires prompt action to protect crops or equipment, the city can exempt noise generated by such action from the provisions of this chapter.

I.

Noise sources associated with agricultural operations in zones permitting agricultural uses.

J.

Noise sources associated with maintenance of residential area property, provided said activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Saturday or Sunday, or between the hours of 9:00 a.m. and 5:00 p.m. on Saturday or Sunday. Otherwise, the noise standards of Table 21.83.060-1 (Exterior Noise Standards for Locally Regulated [Non-Transportation] Noise Sources) shall apply.

K.

Noise generated by persons authorized to engage in waste disposal service or garbage collection, including any truck-mounted waste or garbage loading and/or composting equipment, or similar mechanical device.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The zoning administrator shall be responsible for:

A.

Employing individuals trained in acoustical engineering or an equivalent field to assist the zoning administrator in the administration of this chapter;

B.

Training field inspectors;

C.

Procuring measuring instruments and training inspectors in their calibration and operation;

D.

Conducting a public education program in all aspects of noise control; and

E.

Coordinating the noise ordinance with other governmental agencies.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

General. Modifications to noise standards may be allowed through a development plan modification (Section 21.16.020). An application for a development plan modification (Section 21.16.020) shall set forth all actions taken to comply with this chapter, the reasons why immediate compliance cannot be achieved, a proposed method for achieving compliance, and a proposed time schedule for its accomplishment.

B.

Findings and Decision.

Decision and Conditions. The planning commission may grant or deny the application for a development plan modification to noise standards. If approved, the modification may be for a limited period and may be subject to any other terms, conditions, and requirements as the Planning commission may deem reasonable to achieve maximum compliance with the provisions of this chapter. Such terms, conditions and requirements may include, but shall not be limited to, limitations on noise levels and operating hours.

Findings. In addition to the findings of Subsection 21.16.020(D) for a development plan modification, in deciding whether to grant a modification, the review authority shall consider all facts relating to whether strict compliance with the requirement of this chapter will cause practical difficulties, unnecessary hardship or unreasonable expense and any other relevant considerations including, but not limited to, the fact that a noise generator in question commenced operations prior to the existence of a noise-sensitive use affected by noise from such facility. The review authority shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area affected by the noise, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of equipment, and the general public interest and welfare.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The city will review the complaint and may investigate and assess whether the alleged noise levels exceed the noise standards set forth in this chapter. If the city has reason to believe that any provision(s) of this chapter has been violated, they may cause written notice to be served upon the alleged violator. Such notice shall specify the provision(s) of this chapter alleged to have been violated and the facts alleged to constitute a violation, including dBA readings noted and the time and place of their detection, and shall include an order that corrective action be taken within a specified time. If corrective action is not taken within such specified time or any extension thereof approved by the department, upon conviction, the violation shall constitute enforcement consistent with Title 1 (General Provisions) of this code.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Provisions of this chapter are to be construed as an added remedy of abatement of the public nuisance declared and not in conflict or derogation of any other action, proceedings, or remedies provided by law.

B.

Any violation of the provisions of this chapter shall be, and the same is declared to be unlawful and a public nuisance, and the duly constituted authorities of the city shall, upon order of the city council, immediately commence actions or proceedings for the abatement or enjoinment thereof in the manner provided by law and shall take such steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate such nuisance.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)