Pinole Municipal Code Ch. 8.35 Noise

The city council declares that certain loud noises are detrimental to the health and welfare of the citizenry and should be regulated in the public interest. The purpose of this chapter is to limit and control excessive, unnecessary, annoying and unreasonable noises within the city in order to protect the peace, health, safety and welfare of the citizens of Pinole.

(Ord. 2017-05 § 2 (part), 2017)

A. COMMERCIAL PURPOSE. The use, operation, or maintenance of sound-amplifying equipment for the purpose of advertising business, goods and services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage to or for a performance, show, entertainment, exhibition or event, or for the purpose of demonstrating any such sound equipment.

B. EMERGENCY. Conditions posing an imminent danger to the public health or safety of any individual.

C. SOUND-AMPLIFYING EQUIPMENT. Any machine or device for the amplification of the human voice, music, or any other sound, excluding a warning device on authorized emergency vehicle or horn or other warning device used for traffic safety purposes.

(Ord. 2017-05 § 2 (part), 2017)

A. It is unlawful for a person to willfully make a loud, unnecessary or unusual noise which disturbs the peace or quiet of a neighborhood or which causes discomfort or annoyance to a reasonable person of normal sensitiveness residing in the area.

B. The factors which shall be considered in determining whether a violation of this section exist shall include, but are not limited to, the following:

1. The sound level of the objectionable noise when compared to all audible noise in the area;

• 2. Whether the nature of the noise is usual or unusual;
• 3. The proximity of the noise to residential sleeping areas;
• 4. The nature and zoning of the area from which the noise emanates;
• 5. The density of the inhabitation of the area from which the noise emanates;
• 6. The time of day or night the noise occurs;
• 7. The duration of the noise;
• 8. Whether the noise is continuous, recurrent or intermittent;
• 9. Whether the noise is produced by a commercial or noncommercial activity;
• 10. Whether the noise is caused by sound amplifying equipment.

(Ord. 2017-05 § 2 (part), 2017)

A. Use permit. The city may grant a use permit allowing noise generating events or land uses on a temporary basis as described in Chapter 17.12 of the Zoning Code. Noise generating use permits shall be of as short duration as reasonable. An application for a permit must be submitted at least ten business days before the proposed activity and must be accompanied by an application fee in the amount set by city council resolution.

B. Emergencies. This chapter shall not apply to emergencies.

(Ord. 2017-05 § 2 (part), 2017)

A. Violation an infraction. A person who violates a provision of this section is guilty of an infraction and subject to the penalty set forth in Chapter 1.12 of this code.

B. Violation a nuisance. In addition to the penalties herein provided, any condition caused, maintained or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and is declared and deemed a public nuisance and shall be punishable as such as provided by this code and applicable law.

(Ord. 2017-05 § 2 (part), 2017)