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Article IX — NOISE

Porterville Municipal Code · 2026-09 edition · updated 2026-09-27 · Porterville

SECTION:

18-90.1: Purpose

18-90.2: Definitions

18-90.3: Noise Standards; General Provisions

18-90.4: Exterior Noise Standards

18-90.5: Residential Interior Noise Standards

18-90.6: Noise Source Exemptions

18-90.7: Residential Air Conditioning And Refrigeration Systems

18-90.8: Waste And Garbage Collection Equipment

18-90.9: Electrical Substations

18-90.10: Warning Signs In Places Of Public Entertainment

18-90.11: Permit For Relief

18-90.12: Violations

18-90.1: PURPOSE:

A. The city council declares and finds that excessive noise levels are detrimental to the public health, safety and welfare and contrary to the public interest as follows:

  1. By interfering with sleep, communication, relaxation and the full use of one's property; and

  2. By contributing to hearing impairment and a wide range of adverse physiological and psychological stress conditions; and

  3. By adversely affecting the value of real property.

B. It is the intent of this article to protect persons from excessive levels of noise within or near a residence, school, church, hospital or public library and to warn persons of the hazards of excessive noise in places of public entertainment. (Ord. 1757, 8-18-2009)

18-90.2: DEFINITIONS:

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

A-WEIGHTED SOUND LEVEL: The sound level in decibels as measured with a sound level meter using the "A" weighted network (scale) at slow meter response. The unit of measurement is referred to herein as dBA.

AMBIENT NOISE LEVEL: The composite of noise from all sources excluding the alleged offensive noise. In this context it represents the normal or existing level of environmental noise at a given location for a specific time of the day or night.

CONSTRUCTION: Construction, enlargement, alteration, conversion or movement of any building, structures or land together with any scientific surveys associated therewith.

CUMULATIVE PERIOD: An additive period of time composed of individual time segments, which may be continuous or interrupted.

DECIBEL: A unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals (20 micronewtons per square meter).

EMERGENCY WORK: The use of any machinery, equipment, vehicle, manpower or other activity in a short term effort to protect, or restore safe conditions in the community, or work by private or public utilities when restoring utility service.

FIXED NOISE SOURCE: A device, machine or combination thereof which creates sounds while fixed or stationary, including, but not limited to, residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment.

HOSPITAL: Any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons including rest homes and nursing homes.

IMPULSIVE NOISE: A noise of short duration, usually less than one second, with an abrupt onset and rapid decay.

INTRUDING NOISE LEVEL: The sound level created, caused, maintained or originating from an alleged offensive source, measured in decibels, at a specified location while the alleged offensive source is in operation.

Leq: The equivalent sound level. The sound level containing the same total energy as a time varying signal over a given sample period. For purposes of this article, the Leq is measured over a one hour sample period.

MOBILE NOISE SOURCE: Any source other than a fixed noise source.

NOISE DISTURBANCE: Any sound which violates the quantitative standards set forth in this article.

PURE TONE NOISE: Any noise which is distinctly audible as a single pitch (frequency) or set of pitches. For the purposes of this article, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one-third octave bands by 5 dB for center frequencies of 500 Hz and above and by 8 dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz.

RESIDENTIAL PROPERTY: A parcel of real property which is developed and used either in whole or in part for residential purposes.

SCHOOL: Public or private institutions conducting regular academic instruction at preschool, kindergarten, elementary, secondary or collegiate levels.

SOUND AMPLIFYING EQUIPMENT: 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 or tape players when heard only by the occupants of the vehicle in which the automobile radio is installed. Sound amplifying equipment as used in this article shall not include warning devices in authorized emergency vehicles, or horns or other warning devices in any vehicle, which are used only for traffic safety purposes.

SOUND LEVEL METER: An instrument meeting American National Standard Institute (ANSI) standard S1.4-1971 for type 1 or type 2 sound level meters or an instrument and the associated recording and analyzing equipment, which will provide equivalent data.

SOUND TRUCK: Any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon any sound amplifying equipment. (Ord. 1757, 8-18-2009)

18-90.3: NOISE STANDARDS; GENERAL PROVISIONS:

A. Standards: The standards which shall be considered in determining whether a violation of section18-90.4 or 18-90.5 of this article exists shall include, but not be limited to, the following:

  1. The volume of the noises.

    1. The intensity of the noises.

    2. Whether the nature of the noise is usual or unusual.

    3. Whether the origin of the noise is natural or unnatural.

    4. The volume and intensity of the background noise, if any.

    5. The proximity of the noise to residential sleeping facilities.

    6. The nature and zoning of the area within which the noise emanates.

  2. The density of inhabitation of the area within which the noise emanates.

    1. The time of day or night the noise occurs.

    2. The duration of the noise.

    3. Whether the noise is recurrent, intermittent, or constant.

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

B. Public Nuisance: It is unlawful for any person to make, continue, allow, or cause to be made or emanate any excessively, unnecessarily, unnaturally, or unusually loud noise or sound from any radio, compact disc player, stereo, television or other mechanical, electrical, or electronic sound amplification device or instrument which annoys, disturbs, injures, or endangers the comfort, repose, quiet, health, peace, or safety of other persons in the city; such acts are hereby being declared a public nuisance. In interpreting and applying this section, the following shall apply:

  1. Emanating Noise Or Sound: Emanating noise or sound shall be defined for these purposes as it is described in subsections 18-

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