Pismo Beach Municipal Code Ch. 9.24 Noise Control

A. In order to control unnecessary, excessive and annoying noise and vibration in the city, it is declared to be the policy of the city to prohibit such noise and vibration generated from or by all sources as specified in this chapter. It shall be the policy of the city to maintain quiet in those areas which currently exhibit low noise levels and to implement programs aimed at reducing noise in those areas within the city where noise levels are above acceptable values.

B. It is determined that certain noise levels and vibrations are detrimental to the public health, welfare and safety, and are contrary to public interest. Therefore, the council ordains and declares that creating, maintaining, causing or allowing to be created, caused or maintained, any noise or vibration 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 in any manner provided by law, including but not necessarily limited to the filing of a civil or criminal action. (Ord. 92-23 § 1 (part), 1992)

A. Terminology. All terminology used in this chapter, not defined in this chapter shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.

B. Definitions. The following terms shall have the following meanings when used in this chapter:

"A-weighted sound level" means the sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(a) or dBA.

"Ambient noise level" means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.

"Commercial area" means those areas designated (C-R, C-1, C-2, C-M) on the official zoning map of the city.

"Construction" means any site preparation, assembly, erection, substantial repair, alteration or similar action, for or of public or private rights-of-way, structures, utilities or similar property.

"Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted.

"Decibel" means a unit for measuring the amplitude of a sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals.

"Demolition" means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.

"Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

"Fixed noise source" means a stationary device which creates sound while fixed or motionless, including, but not limited to, residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment.

"Gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating, which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.

"Impulsive sound" means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts and the discharge of firearms.

"Intrusive noise" means that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content as well as the prevailing ambient noise level.

"Mobile noise source" means any noise source other than a fixed noise source.

"Motor vehicle" means and includes any and all self-propelled vehicles as defined in the California Vehicle Code, including all on-highway type motor vehicles subject to registration under the code, and all off-highway type motor vehicles subject to identification under the code.

"Muffler or sound dissipative device" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise.

"Noise control office(r) (NCO)" means the municipal agencies or departments, having lead responsibility for this chapter, or their employees.

"Noise disturbance" means any sound which (a) endangers or injures the safety or health of human beings or animals, or (b) annoys or disturbs reasonable persons of normal sensitivities, or (c) endangers or injures personal or real property, or (d) violates the factors set forth in Section 9.24.060 of this chapter. Compliance with the quantitative standards as listed in this chapter shall constitute elimination of a noise disturbance.

"Noise zone" means and includes any defined areas or regions of a generally consistent land use wherein the ambient noise levels are within a range of 5dB.

"Person" means any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state.

"Powered model vehicle" means any self-propelled, airborne, waterborne or landborne plane, vessel or vehicle, which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket.

"Structure" means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, including but not limited to swimming pools, buildings, roads, pipes, conduit, telephone lines and electrical transmission and distribution lines, driveways, paving, parking spaces or at-grade patios. (Ord. 92-23 § 1 (part), 1992)

Lead (Agency/Official). The noise control program established by this chapter shall be administered by the building official and the police department. (Ord. 92-23 § 1 (part), 1992)

A. Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to wilfully or negligently make or continue, or cause to be made or continued, or permit or allow to be made or continued any noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivity in the area.

B. No permit shall be issued for any activity that may violate this section.

C. The factors which may be considered in determining whether a violation of the provisions of this section exists include, but are not limited to, the following:

• 1. The sound level of the noise disturbance;
• 2. The sound level of the ambient noise;
• 3. The proximity of the noise to residential and visitor serving sleeping facilities;
• 4. The nature and zoning of the area within which the noise emanates;
• 5. The number of persons affected by the noise source;
• 6. The time of day or night the noise occurs;
• 7. The duration of the noise and its tonal, informational or musical content;
• 8. Whether the noise is continuous, recurrent or intermittent;
• 9. Whether the noise is produced by a commercial or noncommercial activity. (Ord. 92-23 § 1 (part), 1992)

A. Noise Disturbances Prohibited. No person shall make, continue or cause to be made or continued, or permit or allow to be made or continued, any noise disturbance in such a manner as to be plainly audible at a distance of fifty feet from the noisemaker; provided, nothing in this section shall be construed to prohibit any noise which does not penetrate beyond the boundaries of the noisemaker's own premises or does not constitute an unreasonable disturbance to people lawfully on such premises.

B. Specific Prohibitions. The acts, as set forth in subsections B 1 through B 8 of this section, and the causing or permitting thereof, are declared to be in violation of this chapter.

1. Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument or similar device which produces or reproduces sound in excess of the sound levels described in this chapter.

a. Between the hours of ten p.m. and seven a.m. in such a manner as to create a noise disturbance across a residential and visitor serving or commercial real property line or at any time to violate the provisions of Section 9.24.060 of this chapter, except for activities for which an exception has been issued by the noise control office.

b. In such manner as to exceed the levels set forth for public space in Table 1 of Section 9.24.060, measured at a distance of at least fifty feet (fifteen meters) from such device operating on a public right-of-way or public space.

2. Loudspeakers (Amplified Sound). Using or operating for any purpose any loudspeaker, loudspeaker system or similar device between the hours of ten p.m. and seven a.m., such that the sound therefrom creates a noise disturbance across a residential and visitor serving real property line, or at any time violates the provisions of Section 9.24.060 of this chapter, except for any noncommercial public speaking, public assembly or other activity for which an exception has been issued by the noise control office.

3. Street Sales. Offering for sale, selling anything or advertising by shouting or outcry within any residential and visitor serving or commercial area of the city except by exception issued by the noise control office.

The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses or other similar licensed or permitted public entertainment events.

4. Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar objects between the hours of ten p.m. and seven a.m. in such a manner as to cause a noise disturbance across a residential or visitor serving real property line or at any time to violate the provisions of Section 9.24.060 of this chapter.

5. Construction/Demolition.

a. Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration or demolition work between weekday hours of seven p.m. and seven a.m., or any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line, except for emergency work of public service utilities or by exception issued by the noise control officer. This section shall not apply to the use of domestic power tools as specified in subsection B 8 of this section.

b. Noise Restrictions at Affected Properties. Where technically and economically feasible, construction activities shall be conducted in such a manner that the maximum noise levels at affected properties will not exceed those listed in the following schedule:

i. At Residential Properties.

Mobile Equipment

Maximum noise levels for nonscheduled, intermittent, short-term operation (less than ten days) of mobile equipment:

Stationary Equipment

Maximum noise levels for repetitively scheduled and relatively long-term operation (periods of ten days or more) of stationary equipment.

ii. At Business Properties.

Mobile Equipment

Maximum noise levels for nonscheduled, intermittent, short-term operation of mobile equipment: daily, including Sunday and legal holidays, all hours, maximum of 85 dBA.

Stationary Equipment

Maximum noise levels for repetitively scheduled and relatively long-term operations of stationary equipment: daily, including Sundays and legal holidays, all hours; maximum of 75 dBA.

All mobile stationary internal combustion engine powered equipment or machinery shall be equipped with suitable exhaust and air-take silencers in proper working order.

6. Vibration. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at one hundred fifty feet (forty-six meters) from the source if on a public space or public right-of-way.

7. Powered Model Vehicles. Operating or permitting the operation of powered model vehicles:

a. Between the hours of seven p.m. and seven a.m. so as to create a noise disturbance across a residential and visitor serving commercial real property line or at any time to violate the provisions of Section 9.24.070 of this chapter.

b. In such a manner as to exceed the levels set forth for public space land use in Table 1 of Section 9.24.060 measured at a distance not less than one hundred feet (thirty meters) from any point on the path of a vehicle operating on public space or public right-of-way.

8. Emergency Signaling Devices.

a. The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in subsection B 9 b of this section.

b. i. Testing of a stationary emergency signaling device shall not occur before seven a.m. or after seven p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds.

ii. Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before seven a.m. or after ten p.m. The time limit specified in subsection B 8 b i of this section shall not apply to such complete system testing.

c. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within thirty minutes of activation.

9. Domestic Power Tools, Machinery.

a. Operating or permitting the operation of any mechanically-powered saw, sander, drill, grinder, lawn or garden tool or similar tool between ten p.m. and seven a.m., so as to create a noise disturbance across a residential or commercial real property line.

b. Any motor, machinery, pump, such as swimming pool equipment, etc., shall be sufficiently enclosed or muffled and maintained so as to not create a noise disturbance in accordance with Section 9.24.060.

10. Residential Air-Conditioning or Air-Handling Equipment. Operating or permitting the operation of any air-conditioning or air-handling equipment in such a manner as to exceed any of the following sound levels:

(Ord. 92-93 § 1 (part), 1992)

A. Maximum Permissible Sound Levels at Receiving Land Use.

1. The noise standards for the various categories of land use identified by the noise control office(r) as presented in Table 1 of this section shall, unless otherwise specifically indicated, apply to all such property within a designated zone.

2. No person shall cause or allow to cause, any source of sound at any location within the incorporated city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, either incorporated or unincorporated, to exceed:

a. The noise standard for that land use as specified in Table 1 of this section for a cumulative period of more than thirty minutes in any hour; or

b. The noise standard plus five dB for a cumulative period of more than fifteen minutes in any hour; or

c. The noise standard plus ten dB for a cumulative period of more than five minutes in any hour; or

d. The noise standard plus fifteen dB for a cumulative period of more than one minute in any hour; or

e. The noise standard plus twenty dB for any period of time.

3. i. If the measured ambient level differs from that permissible within any of the first four noise limit categories of this section, the allowable noise exposure standard shall be adjusted in five dB increments in each category as appropriate to encompass or reflect said ambient noise level.

ii. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level.

4. If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus five dB shall apply.

5. If possible, the ambient noise should be measured at the same location along the property line utilized in this section, with the alleged offending noise source inoperative. If for any reason the alleged offending noise source cannot be shut down, the ambient noise may be estimated by performing a measurement in the same general area of the source but at a sufficient distance such that the noise from the source is at least ten dB below the ambient in order that only the ambient level be measured. If the difference between the ambient plus the noise source and noise source is five to ten dB, then the level of the source itself can be reasonably determined by subtracting a one decibel correction to account for the contribution of the source.

B. Correction for Character of Sound. In the event the alleged offensive noise, as determined by the noise control officer, contains a steady, audible tone such as whine, screech or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech, the standard limits set forth in Table 1 of this section shall be reduced by 5 dB.

Table No. 1 EXTERIOR NOISE LIMITS (Levels Not To Be Exceeded More ThanThirty Minutes In Any Hour)

Table No. 1 EXTERIOR NOISE LIMITS (Levels Not To Be Exceeded More ThanThirty Minutes In Any Hour)

(Ord. 92-23 § 1 (part), 1992)

A. Maximum Permissible Dwelling Interior Sound Levels.

1. The interior noise standards for multi-family residential dwellings as presented in Table 1 of this section shall apply, unless otherwise specifically indicated, within all such dwellings with windows in their normal seasonal configuration.

Table No. 1

2. No person shall operate or cause to be operated within a dwelling unit, any source of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed:

a. The noise standard as specified in Table 1 of this section for a cumulative period of more than five minutes in any hour; or

b. The noise standard plus five dB for a cumulative period of more than one minute in any hour; or

c. The noise standard plus ten dB or the maximum measured ambient, for any period of time.

3. If the measured ambient level differs from that permissible within any of the noise limit categories of this section, the allowable noise exposure standard shall be adjusted in five dB increments in each category as appropriate to reflect the ambient noise level.

B. Correction for Character of Sound. In the event the alleged offensive noise, as determined by the noise control officer, contains a steady, audible tone such as a whine, screech or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 1 of this section shall be reduced by five dB. (Ord. 92-23 § 1 (part), 1992)

A. Refuse Collection Vehicles. No person shall collect refuse with a refuse collection vehicle between the hours of seven p.m. and six-thirty a.m. within or adjacent to a residential area.

B. Motorized Recreational Vehicles Operating Off Public Right-of-way. No person shall operate or cause to be operated any motorized recreational vehicle off public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of Section 9.24.060 of this chapter. This section shall apply to all motorized recreational vehicles, whether or not duly licensed and registered, including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, amphibious craft, campers, snowmobiles and dune buggies, but not including motorboats.

C. Vehicle, Motorboat or Aircraft Repair and Testing.

1. Repairing, rebuilding, modifying or testing any motor vehicle, motorboat or aircraft in such a manner as to create a noise disturbance across a residential real property line, or at any time to violate the provisions of Section 9.24.070 of this chapter.

2. Nothing in this section shall be construed to prohibit, restrict, penalize, enjoin or in any manner regulate the movement of aircraft which are in all respects conducted in accordance with, or pursuant to, applicable federal laws or regulations.

D. Standing Motor Vehicles. No person shall operate or permit the operation of any motor vehicle with a gross weight rating (GVWR) in excess of ten thousand pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than fifteen minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, or a public right-of-way or public space within one hundred fifty feet (forty-six meters) of a residential area, between the hours of ten p.m. and seven a.m. (Ord. 92-23 § 1 (part), 1992)

A. Emergency Exemption. The provisions of this chapter shall not apply to (1) the emission of sound for the purpose of alerting persons to the existence of an emergency, or (2) the emission of sound in the performance of emergency work.

B. Warning Devices. Warning devices necessary for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns, shall be exempted from the provisions of this chapter.

C. Outdoor Activities. The provisions of this chapter shall not apply to outdoor gatherings, public dances, shows and sporting and entertainment events, provided such events are conducted pursuant to a permit or license issued by the city relative to the staging of the events and are consistent with the permissible times for such activities.

D. Exemptions from Exterior Noise Standards. The provisions of Section 9.24.060 of this chapter shall not apply to activities covered by the following sections:

• 1. Section 9.24.050 B 3, street sales;
• 2. Section 9.24.050 B 5, construction/demolition;
• 3. Section 9.24.050 B 9, domestic power tools, machinery;
• 4. Section 9.24.050 B 10, residential air-conditioning or air-handling equipment;
• 5. Section 9.24.080 A, refuse collection vehicles.

E. Federal or State Preempted Activities. Any other activity to the extent regulation thereof has been preempted by state or federal law shall be exempted from the regulations of this chapter. (Ord. 92-23 § 1 (part), 1992)

A. Special Exceptions.

1. The noise control office(r) is authorized to grant exceptions from any provision of this chapter, subject to limitations as to area, noise levels, time limits and other terms and conditions as the noise control office(r) determines are appropriate to protect the public health, safety and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any permit or license required by law for such activities.

2. Any person seeking an exception pursuant to this section shall file an application with the noise control office(r). The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The application shall be accompanied by a fee as established by council resolution. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Any individual who claims to be adversely affected by allowance of the exception may file a statement with the noise control office(r) containing any information to support his claim. If at any time the noise control office(r) finds that a sufficient controversy exists regarding an application, a public hearing will be held.

3. In determining whether to grant or deny the application, the noise control office(r) shall balance denial as a hardship on the applicant against (a) the adverse impact on the health, safety and welfare of other persons affected; (b) the adverse impact on property affected; and (c) any other adverse impacts of granting the exception. Applicants for exceptions and persons contesting exceptions shall be required to submit such information as the noise control office(r) may reasonably require. In granting or denying an application, the noise control office(r) shall keep on public file a copy of the decision and the reasons for denying or granting the exception.

4. Exceptions shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The exception shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this chapter for which the exception was granted.

5. An exception will not exceed one hundred eight days from the date on which it was granted. Application for extension of time limits specified in exceptions or for modification of other substantial conditions shall be treated like applications for initial exceptions under subsection B 2 of this chapter.

6. Exceptions lasting for a duration of less than forty-eight hours may be granted by the chief of police or his designated noise control officer. Exceptions lasting for a duration of more than forty-eight hours or dealing with zoning conflicts or machine generated noise may be granted by the community development department director or his designated noise control officer.

B. Exceptions for Time to Comply. Within ninety days following the effective date of the ordinance codified in this chapter, the owner of any commercial or industrial source of sound may apply to the noise control office(r) for an exception in time to comply with the provisions of this chapter. The noise control office(r) shall have the authority, consistent with this section, to grant an exception (not to exceed one hundred eight days from the effective date of the ordinance codified in this chapter). The same procedures and considerations by the noise control office(r) as followed under this section shall likewise apply.

C. Appeals. Appeals of an adverse decision under this section of the police department's noise control office(r) shall be made to the police commander, then to the police chief, and then the city council. Review of the appeals of an adverse decision under this section of the building official shall be made to the community development director. Determinations of the community development director may be appealed to the city building appeals board. (Ord. 92-23 § 1 (part), 1992)

A. Prima Facie Violation. Any noise exceeding the noise level limits for a designated noise zone as provided in Table 1 of Section 9.24.060 and Table 1 of Section 9.24.070 or the prohibited actions as provided in Section 9.24.050 shall be deemed to be prima facie evidence of a violation of the provisions of this chapter.

B. Violations--Infractions. Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction. Each hour such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

C. Abatement Orders.

1. In lieu of issuing a notice of violation as provided for in subsection B of this section, the noise control office(r) or police department responsible for enforcement of any provision of this chapter may issue an order requiring abatement of a sound source alleged to be in violation, within a reasonable time period and according to guidelines which the noise control office(r) may prescribe.

2. No complaint or further action shall be taken in the event that the cause of the violation has been removed, the condition abated or fully corrected within the time period specified in the written notice. (Ord. 92-23 § 1 (part), 1992)