Rolling Hills Estates Municipal Code Ch. 8.32 Noise

A. In order to control unnecessary, excessive and annoying noise in the city, it is declared to be the policy of the city to prohibit such noise generated from or by all sources as specified in this chapter. The ordinance codified in this chapter is adopted pursuant to the goals and implementation tactics set forth in the noise element of the city's general plan adopted pursuant to Government Code Section 65302(g).

B. It shall be the policy of the city to maintain and preserve the quiet atmosphere of the city, and to implement programs aimed at retaining noise levels throughout the city at acceptable values established in the general plan and consistent with the objectives and goals set forth in the plan.

C. It is determined that certain noise levels are detrimental to the public health, welfare, and safety, and are contrary to public interest. Therefore, the city council does ordain and declare that creating, maintaining, causing or allowing to be created, caused or maintained, any noise 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.

(Ord. 594 § 1, 1997: prior code § 695.1)

All terminology used in this chapter not defined in this section shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. The following words, phrases and terms as used in this chapter shall have the meanings as indicated in this section:

"Agricultural property" means a parcel of real property which is designated as agricultural on the city's official zoning map or used for agricultural purposes in accordance with the city's zoning ordinance.

"Ambient noise" means the composite of all noise from sources near and far, excluding the alleged intrusive noise source. The ambient noise constitutes the normal or existing level or environmental noise at a given location.

"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 in dB(A) or dBA.

"Commercial property" means a parcel of real property which is designated for commercial purposes on the city's official zoning map or used for commercial purposes in accordance with the city's zoning ordinance.

"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.

"Daytime" means the time period from seven a.m. to ten p.m.

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

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

"Emergency work" means work made necessary to protect, provide or restore safe conditions in the community or for the citizenry, or work required to protect persons or property from an imminent exposure to danger or work by private or public utilities when restoring utility service.

"Fixed noise source" means a stationary device which creates sounds while in a fixed or stationary position including, but not limited to, industrial and commercial machinery and equipment, pumps, fan compressors, generators, air conditioners and refrigeration equipment.

"Impulsive noise" means a sound of short duration usually of high intensity and lasting less than one second, with an abrupt onset and rapid decay.

"Industrial property" means a parcel of real property which is designated for industrial purposes on the city's official zoning map or used for industrial purposes in accordance with the city zoning ordinance.

"Intrusive noise" means that alleged offensive noise which intrudes over and above the existing ambient noise at the receptor property.

"Leaf blower" means any portable power equipment powered by gasoline and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, dispersing, or redistributing dust, dirt, leaves, grass clippings, cuttings, and trimmings from trees, shrubs, or other debris.

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

"Nighttime" means the time period from ten p.m. to seven a.m.

"Noise disturbance" means an alleged intrusive noise which violates an applicable noise standard as set forth in this chapter or any noise, as judged by the sheriff's department or a city official, that annoys or disturbs the peace or quiet of any person or neighborhood as listed herein.

"Noise level" means the A-weighted sound pressure level as measured using a slow dynamic characteristic for sound level meters.

"Person" means any individual, firm, association, partnership, joint venture or corporation.

"Pitch" means the frequency of a sound. "High pitch" refers to high frequencies and "low pitch" refers to low frequencies.

"Public right-of-way" means any street, parkway, trail, public way, sidewalk, bike path, or alley or similar place which is owned or controlled by a governmental entity.

"Real property boundary" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person.

"Residential property" means a parcel of real property which is designated for residential purposes on the city's official zoning map or used for residential purposes in accordance with the city zoning ordinance.

"Sound amplifying equipment" means any machine or device for the amplification of the human voice, music, or any other sound regardless of location. Sound amplifying equipment as used in this chapter shall not include warning devices on any vehicles used for only traffic safety purposes.

"Sound level meter" means an instrument, including a microphone, an amplifier, an output meter and frequency weighing networks for the measurement of sound levels, which satisfies the requirements pertinent for type S2A meters in American National Standards Institute specifications for sound level meters, S1.4-1971, or the most recent revision thereof.

(Ord. 594 § 1, 1997: prior code § 695.2)

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

A. Emergency Exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency or 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 and fire and ambulance sirens, including the testing of such devices;

C. Outdoor Activities. Activities conducted on public playgrounds and public or private school grounds including, but not limited to school athletic and school entertainment events.

(Ord. 594 § 1, 1997: prior code § 695.11)

Noise zones are as follows:

A. Noise zone I, residential and agricultural properties;

B. Noise zone II, commercial properties;

C. Noise zone III, industrial—quarry properties.

(Ord. 594 § 1, 1997: prior code § 695.3)

A. The following exterior noise levels, unless otherwise specifically indicated, shall apply to all receptor properties within a designated noise zone and shall constitute the ambient noise level for the purpose of establishing standards:

Figure 8.32.050 Exterior Noise Standards

B. Unless otherwise herein provided, no person shall operate or cause to be operated any source of sound at any location within the 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 to exceed the following standards:

1. "Standard No. 1" means the applicable ambient exterior noise level as set forth in subsection A of this section plus five dB for a cumulative period of more than twenty minutes in any hour.

2. "Standard No. 2" means the applicable ambient exterior noise level as set forth in subsection A of this section plus ten dB for a cumulative period of more than ten minutes in any hour.

3. "Standard No. 3" means the applicable ambient exterior noise level as set forth in subsection A of this section plus fifteen dB for a cumulative period of more than one minute in any hour.

(Ord. 594 § 1, 1997: prior code § 695.4)

A. The following interior noise levels for common-wall residential dwellings shall apply, unless otherwise specifically indicated, within all such dwellings with windows in their normal seasonal configuration and shall constitute the ambient for the purpose of establishing standards:

Figure 8.32.060 Interior Noise Standards

B. 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 the following:

1. "Standard A" means the applicable ambient interior noise level as set forth in subsection A of this section plus five dB for a cumulative period of more than five minutes in any hour.

2. "Standard B" means the applicable ambient interior noise level as set forth in subsection A of this section plus ten dB for a cumulative period of more than one minute in any hour.

(Ord. 594 § 1, 1997: prior code § 695.5)

For any source of sound which emits a pure tone or impulsive noise, the noise levels as set forth in Sections 8.32.050 and 8.32.060 shall be reduced by five decibels.

(Ord. 594 § 1, 1997: prior code § 695.6)

A. The "A" weighting scale of the sound level meter and the slow meter response are utilized for continuous noise level measurement. Fast response is utilized for impulsive type sounds. The noise level shall be measured at a position or positions at any point on the receptor property. In general, the microphone shall be located four to five feet above the ground and ten feet or more from the nearest reflective surface, where possible. However, in those cases where another elevation is deemed appropriate, the latter shall be utilized.

B. Interior noise measurements shall be made within the affected residential unit. The measurements shall be made a point at least four feet from the wall, ceiling or floor nearest the noise source, with windows in the normal seasonal configuration. Calibration of the measurement equipment, utilizing an acoustic calibrator shall be performed immediately prior to recording any noise data.

(Ord. 594 § 1, 1997: prior code § 695.7)

Notwithstanding any other provisions of this chapter and in addition thereto, it shall be unlawful for any person to maliciously or wilfully make or continue, or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace or quiet of any person or neighborhood. The standard which may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following:

A. The level of the noise;

B. The usual or unusual nature of the noise;

C. The natural or unnatural origin of the noise;

D. The level and intensity of the background noise, if any;

E. The proximity of the noise to residential sleeping facilities;

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

G. The density of the inhabitation of the area within which the noise emanates;

H. The time of the day and night the noise occurs;

I. The duration of the noise;

J. The recurrent, intermittent, or constant duration of the noise;

K. The commercial or noncommercial noise emissions;

L. The weekday, weekend or holiday occurrence of the noise; and

M. The lack of appropriate noise mitigation measures being employed.

The city may issue a citation against the person, persons or entity responsible for the noise including, but not limited to, the property owner or business operator on whose premises the noise originates.

(Ord. 594 § 1 (part), 1997)

No person shall operate or cause to be operated any source of sound at any location within the 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 to exceed the noise standard for that land use as set forth in Sections 8.32.050, 8.32.060 and 8.32.070, or cause a noise disturbance as determined by the criteria set forth in Section 8.32.085.

(Ord. 594 § 1, 1997: prior code § 695.8)

No person authorized to engage in solid waste disposal service or solid waste collection shall operate any truck-mounted solid waste loading and/or compacting equipment or similar device in any manner so as to create any noise exceeding seventy-five dBA, measured at a distance of twenty-five feet from the equipment and measured at an elevation of five feet above ground level using the "A" scale of the standard sound level meter at slow response in an open area or as determined by the criteria set forth in Section 8.32.050.

Solid waste collection vehicles shall be tested annually during the months of March and April, beginning March of 2007. The city's authorized solid waste collection contractors shall submit a certificate of testing showing that the vehicles met the requirements section.

No person authorized to engage in solid waste disposal service or solid waste collection shall operate or use any solid waste collection vehicles for residential cart collection that exceeds thirty-two cubic yards in capacity or exceeds fifty thousand pounds when loaded. This requirement shall not apply to collection vehicles collecting bins or large items. The city's authorized contractor may exceed the collection vehicle size limitation for a limited time period due to extraordinary circumstances or conditions with the prior written consent of the city. The limited time period shall not exceed one hundred and twenty days.

(Ord. 629 § 5, 2005: Ord. 594 § 1, 1997: prior code § 695.9 (a))

No person shall operate or cause to be operated any motorized vehicle, which shall include motorized recreational vehicles, off a public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of Sections 8.32.050, 8.32.060, 8.32.070 and 8.32.085. The term "motorized recreational vehicles" shall include, but not be limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, campers and dune buggies.

(Ord. 594 § 1, 1997: prior code § 695.9 (b))

A. Vehicles, Motorboat or Aircraft Repair and Testing. No person shall repair, rebuild, modify or test any motor vehicle, motorboat or aircraft in such a manner that the sound emitted therefrom violates the provisions of Sections 8.32.050, 8.32.060, 8.32.070 or 8.32.085.

B. 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.

(Ord. 594 § 1, 1997: prior code § 695.9 (c))

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

(Ord. 594 § 1, 1997: prior code § 695.9 (d))

Stationary Non-Emergency Signaling Devices. No person shall sound or permit the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, from any place, for more than ten seconds in any hourly period. Houses of religious worship shall be exempt from the operation of this provision.

(Ord. 594 § 1, 1997: prior code § 695.10 (a))

A. No person shall intentionally sound or permit 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 of this section.

B. Testing of stationary 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 testing time for any single device shall not exceed sixty seconds. The provisions of this section shall not be applicable to any public agency.

(Ord. 594 § 1, 1997: prior code § 695.10 (b))

It is unlawful for any person other than law enforcement personnel or other authorized governmental personnel, to install, use or operate within the city a loudspeaker or sound amplifying equipment in a fixed or movable position for the purposes of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place or public property without first obtaining a permit from the city manager in accordance with the provisions of Section 8.32.220.

(Ord. 594 § 1, 1997: prior code § 695.12 (a))

No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied or controlled by such person, any animal or fowl permitted to be kept in Chapter 17.46 of this Code or otherwise permitted by special use permit by Chapter 17.70 of this Code which, by any sound, cry or behavior, shall create a noise disturbance across a residential or commercial real property line at any time to violate the provisions of Sections 8.32.050, 8.32.060, 8.32.070 or 8.32.085.

(Ord. 594 § 1, 1997: prior code § 695.12 (b))

It is unlawful to operate or permit the operation of any mechanically-powered saw, sander, drill, grinder, mower, lawn or garden tool, or similar tool between ten p.m. and seven a.m. so as to create a noise disturbance which violates the provisions of Sections 8.32.050, 8.32.060, 8.32.070 or 8.32.085.

(Ord. 594 § 1, 1997: prior code § 695.12 (c))

It is unlawful for any person to use any drums or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the city. This section shall not apply to any person who is a participant in a school band or in a parade for which a permit has been approved by the city manager to engage in such conduct.

(Ord. 594 § 1, 1997: prior code § 695.12 (d))

A. It is unlawful for any person to operate any machinery, equipment, pump, fan, air-conditioning apparatus, or similar mechanical device so as to create any noise which violates the provisions of Sections 8.32.050, 8.32.060, 8.32.070 or 8.32.085.

B. Any new pool mechanical equipment or replacement equipment (requiring replacement of more than fifty percent of the value of existing pool equipment) shall be enclosed in a block wall or similar solid wall structure high enough to dampen the noise from the pool equipment. The equipment enclosure must meet all applicable setbacks of the underlying zone for structures over one foot in height and shall not exceed six feet in height from finished grade. A roof cover over the equipment enclosure may be installed and the entire enclosure must be compatible with other surrounding structures. If a roof cover is installed over the equipment enclosure, the structure shall count towards the allowable accessory structure square footage limit of five hundred square feet for residential zones.

(Ord. 594 § 1, 1997: prior code § 695.12 (e))

A. Any person within the city shall be permitted to operate power construction equipment or use tools for the purpose of conducting construction or repair work on buildings, structures or projects only between the following hours and on the following days:

Construction activities are not allowed at any time on Sundays and holidays. For the purpose of this chapter, holidays shall consist of New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

B. No queuing of trucks or arrival of construction materials and/or workers to a construction site shall be permitted outside the permitted construction hours and days as specified in subsection A of this section. No construction activity shall violate the noise standards set forth in Sections 8.32.050, 8.32.060, 8.32.070 or 8.32.085.

C. The performance of emergency work is exempt from the provisions of this section.

D. Minor home repairs and routine home and personal property maintenance activities such as automobiles or boats is not considered construction within the meaning of this chapter; however, these types of activities shall be subject to the provisions set forth in Sections 8.32.050, 8.32.060, 8.32.070 or 8.32.085.

E. The planning commission or city council shall retain the right to impose more restrictive hours of construction upon any projects involving major construction activity by adding appropriate conditions to the city's approval of lot splits, subdivisions, precise plans of design and conditional use permits.

F. A variance, issued in accordance with Section 8.32.230, shall be required for any type of construction which will violate the noise standards set forth in Sections 8.32.050, 8.32.060 or 8.32.070.

(Ord. 594 § 1, 1997: prior code § 695.12 (f))

Any person within the city shall be permitted to operate a gasoline powered leaf blower only between the following hours and on the following days:

The use of gasoline powered leaf blowers is not allowed at any time on Sundays and holidays. For the purpose of this chapter, holidays shall consist of New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

(Ord. 594 § 1 (part), 1997)

A. Issuing Authority. The issuing authority shall be the city manager.

B. Approving Authority. The approving authority shall be the city manager.

C. Applications. Every user of sound amplifying equipment or drums, or other devices falling under the provisions of this chapter shall file a registration statement with the city manager at least five days prior to the date on which the sound amplifying equipment is intended to be used, which statement shall contain the following information:

1. The name, address and telephone number of both the owner and the user of the sound amplifying or other equipment;

2. The maximum sound producing power of the sound amplifying or other equipment which shall include the wattage to be used, the volume and decibels of sound which shall be produced, and the approximate distance for which sound will be audible or is capable of being audible from the sound amplifying equipment;

3. A general description of the sound amplifying or other equipment which is to be used;

4. Whether the sound amplifying or other equipment will be used for commercial or noncommercial purposes;

5. The dates upon which, and location where the equipment is proposed to be operated.

D. Processing of Application. The city manager shall approve the registration statement unless he finds that:

1. The use of the equipment would constitute an unreasonable interference to traffic safety;

2. The conditions of pedestrian movement are such that the use of the equipment would constitute a detriment to traffic safety;

3. The registration statement required reveals that the applicant would violate the provisions of this chapter.

E. Issuance or Denial. If the registration is approved by the city manager, the city manager, upon the payment of the fee set forth in subsection F of this section, shall return an approved copy of the registration statement to the applicant which shall constitute permission for the use of the sound amplifying equipment as requested. In the event the registration statement is disapproved, the city manager shall return it forthwith to the applicant with a statement of the reasons for disapproval endorsed thereon.

F. Fees. Prior to the issuance of the registration statement, a fee in an amount as set by council resolution shall be paid to the city if the loudspeaker or sound amplifying equipment is to be used for commercial purposes. No fee shall be required for the operation of a loudspeaker or sound amplifying equipment if the applicant is an organization exempted under the provisions of this Code from the payment of a business license.

(Ord. 594 § 1, 1997: Ord. 561 § 1 (part), 1993; prior code § 695.13)

The city manager is authorized to grant variances from any provision of this chapter, subject to terms and conditions such as, but not limited to, area, noise levels, and time limits as the city manager 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 required by law for such activities.

A. Application. Any person seeking a variance pursuant to this section shall file an application with the city manager. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance 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 in an amount set by council resolution. A separate application shall be filed for each noise source; provided, however, several fixed sources on a single property may be combined into one application.

B. Notice. Notice of an application for a variance shall be posted in City Hall for at least five days. Any individual who claims to be adversely affected by allowance of the variance may file a statement with the city manager containing any information to support his claim.

C. Issuance or Denial. In determining whether to grant or deny the application the city manager shall balance the hardship on the applicant, the community and other persons of not granting the variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the variance. Applicants for variances and persons contesting variances may be required to submit such information as the city manager may reasonably require. In granting or denying an application, the city manager shall keep on public file a copy of the decision and the reasons for denying or granting the variance.

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

E. Time Limitations. A variance will not exceed sixty days from the date on which it was granted. Application for extension of time limits specified in variances or for modification of other substantial conditions shall be treated like applications for initial variances under subsection A of this section.

F. Appeal. Any applicant or other person aggrieved by the decision of the city manager may appeal the decision to the city council in accordance with the provisions of Section 17.66.090.

(Ord. 594 § 1, 1997: Ord. 561 § 1 (part), 1993; prior code § 695.14)

A. Any peace officer, designated member of the county of Los Angeles sheriff department or department of health services, the city manager or his designee is authorized to enforce the provisions of this chapter.

B. Prima Facie Violation. Any noise exceeding the noise level limits for a designated noise zone as specified in Sections 8.32.050, 8.32.060 and 8.32.070 or any noise disturbances as determined in Section 8.32.085 or the prohibited actions as specified in Sections 8.32.100 through 8.32.210, shall be deemed to be prima facie evidence of a violation of the provisions of this chapter.

C. In citing violations, the enforcement officer shall specify the standard which has been violated, as set forth in Sections 8.32.050, 8.32.060, 8.32.070 or 8.32.085 in the notice of violation.

D. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor (infraction) and upon conviction thereof, shall be fined in an amount not to exceed five hundred dollars or be imprisoned in the city (county) jail for a period not to exceed six months or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

E. Except where a person is acting in good faith to comply with an abatement order issued pursuant to subsection F of this section, violation of any provision of this chapter shall be cause for a notice of violation to be issued by the city manager or other responsible enforcement official according to procedures which the city manager may prescribe.

F. 1.

In lieu of issuing a notice of violation, the city manager or other official responsible for enforcement of any provision of this chapter may issue an order requiring abatement of a sound source alleged to be in violation of this chapter, within a reasonable time period and in accordance with guidelines to be promulgated by the city manager.

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.

G. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this chapter shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. Additionally, no provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law.

(Ord. 594 § 1, 1997: prior code § 695.15)