6.44 — NOISE CONTROL

It is declared to be the policy of the city to prohibit unnecessary, excessive and intrusive noise from all sources subject to its police power. It is determined that certain noise levels are detrimental to the public health, welfare and safety, and are contrary to the public interest. Therefore, the city council does ordain and declare that creating, causing, maintaining, or allowing to be created, caused or maintained, any noise in a manner prohibited by or not in conformity with the provisions of this chapter, is a public nuisance and shall be punishable as such.

(Ord. 437 § 1, 1989)

For the purpose of this chapter, the terms used in this chapter are defined as follows:

• A. "Ambient noise" means the all-encompassing noise associated with a given environment, usually being a composite of sounds with many sources near and far as determined at any specific point.

• B. "Clearly audible" means those sounds or noises which can be heard by any person of average or normal hearing capability.

• C. "Construction" means any site preparation, assembly, erection, substantial repair or alteration of any building, structures, or land, public or private, together with any associated scientific or engineering surveys.

• D. "Demolition" means any dismantling, intentional destruction or removal of structures, surfaces or similar property, public or private.

• E. "Dwelling unit" means any building or separate portion thereof used for residential purposes. The term includes but is not limited to, single-family dwellings, apartments, condominiums, and modular homes.

• F. "Emergency work" means work necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from eminent exposure to danger or damage, or work by public or private utilities when restoring utility service.

• G. "Intrusive noise" means noise which intrudes over and above the existing background noise at a given location and (1) endangers the health and safety of human beings, or (2) annoys or disturbs persons of normal sensitivities. The relative intrusiveness of a sound depends upon its level, duration, frequency, time of occurrence, and tonal or informational content as well as the prevailing background noise level.

• H. "Motor vehicle" includes any car, truck, motorcycle, motor scooter, and any and all selfpropelled vehicles, as defined in the California Vehicle Code, including but not limited to mini-bikes and go-carts.

• I. "Sound-amplifying equipment" means any machine or device for the amplification of the human voice, music, or any other sound. "Sound-amplifying equipment" shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. "Sound-amplifying equipment," as used in this chapter, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

• (Ord. 437 § 2, 1989)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not exceeding five hundred dollars or be imprisoned in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (Ord. 437 § 3, 1989)

As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter, which operation or maintenance cause discomfort or annoyance to reasonable persons of normal sensitivities or which endangers the comfort, repose, health, or peace of the public or residents in the area, shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. (Ord. 437 § 4, 1989)