Chapter 93 — NOISE

• (A) The City Council declares and finds that excessive noise levels are detrimental to the public health, welfare and safety and contrary to the public interest as follows:

• (1) By interfering with sleep, communication, or relaxation;

• (2) By contributing to hearing impairment and a wide range of adverse physiological stress conditions; and

• (3) By adversely affecting the value of real property.

• (B) It is the intent of this chapter to protect persons from excessive levels of noise within or near a residence, school, church, hospital or public library.

• (C) The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:

• (1) The level of the noise;

• (2) The intensity of the noise;

• (3) Whether the nature of the noise is usual or unusual;

• (4) Whether the origin of the noise is natural or unnatural;

• (5) The level and frequency content of the background noise or ambient noise, if any;

• (6) The proximity of the noise to residential sleeping facilities or dwelling units;

• (7) The density of the inhabitation of the area within which the noise emanates;

• (8) The time of the day or night the noise occurs;

• (9) The duration of the noise;

• (10) Whether the noise is recurrent, intermittent, or constant; and

• (11) Whether the noise is produced by a commercial or noncommercial activity.

• (Ord. 95-04, passed 4-10-95)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGRICULTURAL PROPERTY. Land zoned for agricultural use.

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 specified time of the day or night.

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 measurement is referred to herein as dB(A) or dBA. CONSTRUCTION. Construction, erection, enlargement, alteration, conversion or movement of any building, structures or land together with any scientific surveys associated therewith.

DECIBEL. 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.

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 unplanned interruption of utility service.

ENFORCEMENT OFFICER. The City Manager or duly authorized deputy.

EQUIVALENT HOURLY SOUND LEVEL (LEQ). The constant sound level that contains the same total energy as the actual time-varying sound level over a one-hour period.

FIXED NOISE SOURCE. A device or machine 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, refrigeration equipment, or vehicles operating off the public right-of-way.

HOSPITAL. Any building or portion thereof used for the overnight accommodation and medical care of the sick, injured or infirm persons and includes 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. MOBILE NOISE SOURCE. Any noise source other than a fixed noise source.

MOTOR VEHICLE. Any car, truck, motorcycle, motor scooter, and any and all self-propelled vehicles, as defined in the California Vehicle Code, including but not limited to mini-bikes and go-carts.

NOISE DISTURBANCE. Any sound which violates the quantitative standards set forth in this chapter. RESIDENCE. Residential property.

RESIDENTIAL PROPERTY. A parcel of real property which is zoned and developed for residential purposes.

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

SIMPLE TONE NOISE. Any noise which is distinctly audible as a single pitch (frequency) or set of pitches as determined by the enforcement officer.

SOUND LEVEL METER. An instrument meeting American National Standards Institute 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.

(Ord. 95-04, passed 4-10-95)

(A) Any noise measurement made pursuant to the provisions of this chapter shall be made with a sound level meter using the A-weighted network (scale) at slow meter response. Fast meter response shall be used for impulsive type sounds. Calibration of the measurement equipment utilizing an acoustical calibrator shall be performed immediately prior to recording any noise data.

(B) The exterior noise levels shall be measured from the property line of the affected property. Where practical, the microphone shall be positioned three to five feet above the ground and away from reflective surfaces. The interior noise level shall be measured within the affected dwelling unit, at points at least four feet from the wall, ceiling or floor nearest the noise source, with windows in the normal seasonal configuration. The reported interior noise level shall be determined by taking the arithmetic average of the readings taken at the various microphone locations. (Ord. 95-04, passed 4-10-95)

(A) It is unlawful for any person at any location within the incorporated area of 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 which causes the exterior noise level when measured at any affected single- or multiple-family residence, school, church, hospital or public library situated in either the incorporated or unincorporated area to exceed the noise level standards as set forth in the following table:

EXTERIOR NOISE LEVEL STANDARDS

(B) In the event the measured ambient noise level exceeds the applicable noise level standard, the applicable standard shall be adjusted so as to equal the ambient noise level.

(C) Each of the noise level standards specified above shall be reduced by five dB(A) for simple tone noises, noises consisting primarily of speech or music or for recurring impulsive noises.

(D) If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period so that the ambient noise level can be measured, the noise level measured while the source is in operation shall be compared to the noise level standards specified above.

(Ord. 95-04, passed 4-10-95)

(A) It is unlawful for any person, at any location within the city, to operate or cause to be operated within a dwelling unit, any source of sound or to allow the creation of any noise which causes the noise level when measured inside a receiving dwelling unit situated in the area either within the city or adjacent to the city to exceed the noise level standards as set forth in the following table:

INTERIOR NOISE LEVEL STANDARDS

(B) In the event the measured ambient noise level exceeds the applicable noise level standard, the applicable standard shall be adjusted so as to equal the ambient noise level.

(C) Each of the noise level standards specified above shall be reduced by five dB(A) for simple tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises.

(D) If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period so that the ambient noise level can be measured, the noise level measured while the source is in operation shall be compared to the noise level standards specified above.

(Ord. 95-04, passed 4-10-95)

The following activities are declared to cause excessive, offensive, disturbing or intrusive noise in violation of this section;

(A) It shall be unlawful for any person to unnecessarily sound any horn or other signaling device on any vehicle except as an emergency or danger warning signal. This provision shall be inapplicable to the sounding of any horn,

bell, whistle, siren or other audible warning device which is operated in compliance with Cal. Pub. Util. Code § 7604, or any other state or federal provision governing railroad operations or for emergency work as defined in this chapter.

(B) It shall be unlawful to play or operate any drum, radio, phonograph, loud speaker, sound amplifier, car radioCD or tape deck, television, or similar sound amplifying equipment, whether mobile or from a fixed location upon the public streets, public right-of-way, or in public parks in such a fashion that it is clearly audible at a distance of 50 feet. The City Council hereby finds and declares that any sound or noise audible at such a distance constitutes an intrusive noise and public nuisance, and endangers the public safety and welfare by interference with normal human capability for hearing nearby traffic movements and warning signals. This section shall be inapplicable to radio systems operated under or pursuant to Federal Communications Commission licenses in the regular course of business.

(C) It shall be unlawful for any person to make loud or raucous yelling, shouting, whistling, or singing so as to cause a noise disturbance. This includes the solicitation, sale or advertising of any product or service by shouting or outcry within any residential or commercial area or noise sensitive zone of the city, except by a noise permit issued by the Noise Control Officer.

(D) It shall be unlawful for any person to keep or maintain, or permit to be kept or maintained, upon any premises owned, occupied, or controlled by any person any animal which, by any frequent or long continued noise, shall cause annoyance or discomfort. Any noise which is audible continuously for ten minutes or intermittently for 30 minutes shall be evidence of such annoyance or discomfort. Factors which can be used to evaluate excessive animal noise include, but are not limited to:

• (1) The time of day;

• (2) The frequency;

• (3) The duration; and

• (4) The frequency content.

• (Ord. 95-04, passed 4-10-95)

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

(A) Activities conducted in unlighted public parks, public playgrounds and public or private school grounds, during the hours of 7:00 a.m. to 10:00 p.m., and in lighted public parks, public playgrounds and public or private school grounds, during the hours of 7:00 am. to 11:00 p.m., including but not limited to school athletic and school entertainment events.

(B) Any mechanical device, apparatus or equipment used, related to or connected with emergency activities or emergency work.

• (C) Noise sources associated with construction provided such activities do not take place between 6:30 p.m. and

• 6:00 a.m. on weekdays or 5:00 p.m. and 8:00 a.m. on weekends and legal holidays.

• (D) Noise sources associated with agricultural activities on agricultural zoned property.

• (E) Noise sources associated with the collection of waste, garbage, and street sweeping.

• (F) Any activity to the extent regulation thereof has been preempted by state or federal law.

• (G) Noise sources associated with work performed by private or public utilities in the maintenance or modification of its facilities.

(H) Noise sources associated with the maintenance of residential property provided such activities take place between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday or 8:00 a.m. and 7:00 p.m., Saturday, Sunday, and holidays.

(I) Noise sources associated with public supported events (that is, Farmers Market, Cheese and Wine Festival, parades, and similar events.)

(Ord. 95-04, passed 4-10-95)

Notwithstanding the provisions of §§ 93.04 and 93.05, noise sources associated with the operation of electrical substations shall not exceed 50 dBA when measured as provided in § 93.03. (Ord. 95-04, passed 4-10-95)

(A) The owner or operator of a noise source which the enforcement officer has determined violates any of the provisions of this chapter may file an application with the enforcement officer for a noise permit to vary from strict compliance with any particular provisions of this chapter where such noise permit will not result in a hazardous condition or a nuisance and strict compliance would be unreasonable in view of all circumstances. The owner or operator shall set forth all actions taken to comply with such provisions and the reasons why immediate compliance cannot be achieved. A separate application shall be filed for each noise source, provided, however, that several mobile sources under common ownership or fixed sources under common ownership on a single property may be combined into one application.

(B) Upon receipt of a complete application and fee, and within 30 days thereafter, the enforcement officer shall either approve such request in whole or in part, deny the request, or refer the request directly to the City Council for action thereon in accordance with the provisions of this chapter. In the event the noise permit request is approved, reasonable conditions may be imposed which may include restriction on noise level, noise duration and operating hours, an approved method of achieving compliance and a time schedule for its implementation. The decision of the enforcement officer is subject to appeal to the City Council for a public hearing by filing a written appeal with the enforcement officer not later than 15 days following the date of the enforcement officer's written decision to the applicant.

(C) Factors which the enforcement officer or the City Council must consider shall include but not be limited to the following:

• (1) Present and potential uses of property within the area affected by noise;

• (2) Factors related to initiating and completing all remedial work;

• (3) Age and useful life of the existing noise source; and

• (4) The general public interest, health, safety and welfare.

(D) The applicant may appeal the decision of the enforcement officer to the City Council by filing a notice of appeal with the City Clerk. The City Council shall either affirm, modify or reverse the decision of the Enforcement Officer. Such decisions shall be final and shall be based upon the considerations set forth in this section.

(Ord. 95-04, passed 4-10-95)

(A) The violation of any of the provisions of this chapter shall be an infraction as specified in of § 10.99 of this code. The provisions of this chapter may also be enforced by a court ordered injunction brought by the city. Any violation of the provisions of this chapter shall be deemed to be a public nuisance.

(1) Except as otherwise provided herein, violations of any provisions of this chapter shall be as follows:

VIOLATION

PENALTY

(2) The Enforcement Officer shall enforce the provisions of this chapter.

(B) In addition to any other penalties provided in this chapter, a person convicted of violating this chapter shall reimburse the city any cost incurred for conducting noise test used in obtaining the conviction.

(Ord. 95-04, passed 4-10-95)