Rancho Santa Margarita Municipal Code Ch. 5.04 Noise Control

Footnotes:

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State Law reference— Noise Control Act, Health and Safety Code § 46000 et seq.

(a) In order to control unnecessary, excessive and annoying sounds emanating from the City, it is hereby declared to be the policy of the City to prohibit such sounds generated from all sources as specified in this chapter.

(b) It is determined that certain sound levels are detrimental to the public health, welfare and safety, and contrary to public interest.

(OCC § 4-6-1; Ord. No. 2700, § 1, 9-19-1973)

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

Ambient noise level shall mean 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.

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

Decibel (dB) shall mean a unit which denotes the ratio between two quantities that are proportional to power: the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio.

Dwelling unit shall mean a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

Emergency machinery, vehicle or work shall mean any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service.

Fixed noise source shall mean a stationary device which creates sounds while fixed or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.

Grading shall mean any excavating or filling of earth material, or any combination thereof, conducted at a site to prepare said site for construction or other improvements thereon.

Impact noise shall mean the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest.

Mobile noise source shall mean any noise source other than a fixed noise source.

Noise level shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dB(A).

Residential property shall mean a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.

Simple tone noise shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished.

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

Sound pressure level of a sound, in decibels, shall mean 20 times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

(OCC § 4-6-2; Ord. No. 2700, § 1, 9-19-1973; Ord. No. 2870, § 1, 10-1-1975)

Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in section 5.04.020.

(OCC § 4-6-3; Ord. No. 2700, § 1, 9-19-1973)

The entire territory of the City is hereby designated as "Noise Zone 1."

(OCC § 4-6-4; Ord. No. 2700, § 1, 9-19-1973; Ord. No. 2870, § 1, 10-1-1975)

(a) The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone:

NOISE STANDARDS

(b) In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five dB(A).

(c) It shall be unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other residential property, to exceed:

(1) The noise standard for a cumulative period of more than 30 minutes in any hour; or

(2) The noise standard plus five dB(A) for a cumulative period of more than 15 minutes in any hour; or

(3) The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour; or

(4) The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or

(5) The noise standard plus 20 dB(A) for any period of time.

(d) In the event the ambient noise level exceeds any of the first four noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level.

(OCC § 4-6-5; Ord. No. 2700, § 1, 9-19-1973; Ord. No. 2715, § 1, 11-13-1973; Ord. No. 2870, § 1, 10-1-1975)

(a) The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone:

INTERIOR NOISE STANDARDS

(b) In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five dB(A).

(c) It shall be unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured within any other dwelling unit on any residential property, to exceed:

(1) The interior noise standard for a cumulative period of more than five minutes in any hour; or

(2) The interior noise standard plus five db(A) for a cumulative period of more than one minute in any hour; or

(3) The interior noise standard plus ten db(A) for any period of time.

(d) In the event the ambient noise level exceeds either of the first two noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the third noise limit category, the maximum allowable noise level under said category shall be increased in reflect the maximum ambient noise level.

(OCC § 4-6-6; Ord. No. 2700, § 1, 9-19-1973; Ord. No. 2715, § 1, 11-13-1973; Ord. No. 2870, § 1, 10-1-1975)

The following activities shall be exempted from the provisions of this chapter:

(1) Activities conducted on the grounds of any public or private nursery, elementary, intermediate or secondary school or college.

(2) Outdoor gatherings, public dances and shows, provided shall events are conducted pursuant to a license issued by the City.

(3) Activities conducted on any park or playground, provided such park or playground is owned and operated by a public entity.

(4) Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work.

(5) Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday.

(6) All mechanical devices, apparatuses or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions.

(7) Mobile noise sources associated with agricultural operations, provided such operations do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday.

(8) Mobile noise sources associated with agricultural pest control through pesticide application, provided that the application is made in accordance with restricted material permits issued by or regulations enforced by the Agricultural Commissioner.

(9) Noise sources associated with the maintenance of real property, provided said activities take place between 7:00 a.m. and 8:00 p.m. on any day except Sunday or a federal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a federal holiday.

(10) Any activity, to the extent regulation thereof, that has been preempted by State or Federal law.

(OCC § 4-6-7; Ord. No. 2700, § 1, 9-19-1973; Ord. No. 2715, § 1, 11-13-1973; Ord. No. 2870, § 1, 10-1-1975)

It shall be unlawful for any person to create any noise that either causes the noise level at any school, hospital or church while the same is in use to exceed the noise limits, as specified in section 5.04.050, prescribed for the assigned noise zone in which the school, hospital, or church is located, that unreasonably interferes with the use of such institutions, or that unreasonably disturbs or annoys patients in the hospital, provided conspicuous signs are displayed in three separate locations within 1/10th of a mile of the institution indicating the presence of a school, church or hospital.

(OCC § 4-6-8; Ord. No. 2700, § 1, 9-19-1973)

It shall be unlawful to conduct motor vehicle racing, testing, timing or similar noise-producing activities at raceways, speedways, off-road vehicle courses, drag strips, or other similar places, including, but not limited to, the operation of midget race cars, drag cars, motorcycles, off-road vehicles, and specialty automobiles, between the hours of 11:30 p.m. and 8:00 a.m.

(OCC § 4-6-8.1; Ord. No. 3093, § 1, 10-24-1978)

The location selected for measuring exterior noise levels shall be at any point on the affected property. Interior noise measurements shall be made within the affected dwelling unit. The measurement shall be made at a point at least four feet from the wall, ceiling, or floor nearest the alleged offensive noise source and may be made with the windows of the affected unit open.

(OCC § 4-6-10; Ord. No. 2700, § 1, 9-19-1973; Ord. No. 2870, § 1, 10-1-1975)

(a) The Orange County Sheriff, the County Health Officer, and the City Engineer are directed to enforce the provisions of this chapter.

(b) No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his duty.

(OCC § 4-6-11; Ord. No. 2700, § 1, 9-19-1973; Ord. No. 2715, § 1, 11-13-1973; Ord. No. 3961, § 1, 4-2-1996)

The owner or operator of a noise source that violates any of the provisions of this chapter may file an application with the Health Officer for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions, the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee in the amount of $75.00. 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. Upon receipt of said application and fee, the Health Officer shall refer it with his recommendation thereon within 30 days to the Noise Variance Board for action thereon in accordance with the provisions of this chapter.

(OCC § 4-6-12; Ord. No. 2700, § 1, 9-19-1973; Ord. No. 2715, § 1, 11-13-1973)