Rosemead Municipal Code Ch. 8.36 Noise Control

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 any sources as specified in this chapter. It is determined that certain noise levels are detrimental to the public health, welfare and safety, and contrary to public interest, and 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.

(Prior code § 4301)

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

The following words, phrases and terms are for the purpose of this chapter and shall have the meanings as indicated below:

"Agricultural property" means a parcel of real property which is undeveloped for any use other than agricultural purposes, including any residence located thereon.

"Ambient noise level" means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, occasional or occasional and transient sources, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

"A weighted sound level" means the total sound level in decibels of all sound as measured with a sound level meter with a reference pressure of twenty (20) micro-pascals using the "A" weighted network scale as slow response. The unit of measurement shall be defined as "dBA."

"Commercial property" means a parcel of real property which is developed and used either in part or in whole for commercial purposes.

"Construction" means any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition 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 (dBA)" means the unit that denotes the ratio between two quantities which 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" means a single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

"Emergency" means any occurrence or set of circumstances involving actual or imminent injury to person or property damage which demands immediate action.

"Emergency machinery, vehicle, work or alarm" means any machinery, vehicle, work 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 work by private or public utilities when restoring utility service.

"Fixed noise source" means a stationary device which creates sounds 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.

"Grading" means any excavating or filling of earth material or any combination thereof conducted at a site to prepare the site for construction or other improvements thereon.

"Health care institution" means any hospital, convalescent home or other similar facility which provides health care, medical treatment, room, board or other services for the ill, retarded or convalescent.

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

"Industrial property" means a parcel of real property which is developed and used either in part or in whole for manufacturing purposes or zoned M-1.

"Intruding noise level" means the total sound level, in decibels, created, caused, maintained or originating from an alleged offensive source at a specified location while the alleged offensive source is in operation.

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

"Noise" means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

"Noise disturbance" means any sound or noise which endangers or injures the safety or health of human beings or animals or which annoys or disturbs reasonable persons of normal sensitivities or which is of such a noise level or volume as would annoy or disturb reasonable persons of normal sensitivities or which endangers or injures personal or real property, or which violates the ambient noise standards set forth in this chapter.

"Person" means a person, firm, association, co-partnership, joint venture corporation or any entity, public or private in nature.

"Residential property" means a parcel of real property which is zoned for residential use according to the RMC, other than transient uses such as hotels and motels.

"Sound amplification equipment" means any device which produces, reproduces or amplifies sound and has a variable volume control.

"Sound level meter" means an instrument meeting American National Standard Institute's Standard SL. 4-1971, or most recent revision thereof for Type 1 or Type 2 sound level meters.

"Sound pressure level" of a sound, in decibels, means twenty (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.

(Prior code §§ 4302, 4303, 4323)

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

1. Activities conducted on public playgrounds and public or private school grounds, including but not limited to, school athletic or school entertainment events or programs sponsored by the Rosemead Recreation Department;

2. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle, work or warning alarm or bell provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within thirty (30) minutes in any hour of its being activated;

3. Noise sources associated by construction, repair, remodeling or grading of any real property or during authorized seismic surveys, provided such activities do not take place between the hours of eight p.m. and seven a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday, and provided the noise level created by such activities does not exceed the noise standard of sixty-five (65) dBA plus the limits specified in Section 8.36.060(B) as measured on residential property and does not endanger the public health, welfare and safety;

4. All mechanical devices, apparatus or equipment associated with agricultural operations provided:

Operations do not take place between eight p.m. and seven a.m. on weekdays, including Saturday or at any time on Sunday or a federal holiday;

5. Noise sources associated with the maintenance of real property provided such activities take place between the hours of seven a.m. and eight p.m. on any day except Sunday, or between the hours of nine a.m. and eight p.m. on Sunday;

6. Any activity to the extent regulation thereof has been preempted by state or federal law, including but not limited to: aircraft, motor vehicles, railroads, and other interstate carriers;

7. The provisions of this chapter shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation departments, public work projects, or public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission.

B. Grandfather Provisions. Any noise source located in an "M" zone as defined in the Rosemead Zoning Ordinance, and which noise source is in operation on or prior to the date of adoption of the ordinance codified in this chapter shall be exempt from the provisions of this chapter, provided however, that such source shall not increase its noise level beyond that currently existing. Notwithstanding the foregoing, no such noise source shall emit levels in excess of the standards set forth in Section 8.36.130.

(Prior code §§ 4309, 4310)

Any decibel measurement made pursuant to the provisions of this chapter shall be based on a reference sound pressure of twenty (20) micro-pascals as measured with a sound level meter using the "A" weighted network (scale) at slow response.

(Prior code § 4304)

Receptor properties hereinafter described are assigned to the following noise zones:

Noise Zone I: Single-, double- and multiple-family residential properties.

Noise Zone II: Commercial properties.

Noise Zone III: Manufacturing or industrial properties.

(Prior code § 4305)

A. Exterior Noise Standards.

1. The following noise standards, unless otherwise specifically indicated, shall apply to all receptor properties within a designated noise zone:

2. A person shall not in any location of the city create any noise, or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person (hereinafter "noise source"), which causes the noise level when measured on any property (hereinafter "receptor property"), to exceed:

a. The applicable noise standard for a cumulative period of time of more than thirty (30) minutes in any hour; or

b. The applicable noise standard plus five dBA for a cumulative period of more than fifteen (15) minutes in any hour; or

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

d. The applicable noise standard plus fifteen (15) dBA for a cumulative period of more than one minute in any hour; or

e. The noise standard plus twenty (20) dBA for any period of time.

3. In the event the ambient noise level exceeds any of the first three noise limit categories above, the cumulative period applicable to said category shall be increased to reflect 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 to reflect the maximum ambient noise level.

4. If the receptor property is located on a boundary between two different noise zones, the lower noise level standard applicable to the quieter noise zone shall apply.

5. If the noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the measured noise level obtained while the source is in operation shall be compared directly to the receptor property's designated land use and for the time of day the noise level is measured.

B. Interior Noise Standards.

1. The following noise standards, unless otherwise specifically indicated, shall apply to all residential receptor property within all noise zones:

The noise limit specified above shall be reduced by five dBA for noises consisting of speech or music, provided, however, that if the ambient noise level exceeds the resulting standard the ambient shall be standard.

2. A person shall not at any location within the city create any noise, 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 within any receptor residential dwelling unit in any noise zone to exceed:

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

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

c. The interior noise standard plus ten dBA for any period of time.

3. In the event the ambient noise level exceeds the noise limit categories set forth in subdivisions (2)(a) and (2)(b) 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 to reflect the maximum ambient noise level.

4. If the receptor property is located on a boundary between two different noise zones, the noise level standard applicable to the quieter noise zone shall apply.

5. If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the same procedures specified in subsection (A)(5) of this section shall be deemed proper to enforce the provisions of this chapter.

(Prior code §§ 4306, 4307)

The location selected for measuring exterior noise levels shall be at any point on the receptor property, and at least four feet above the ground and five feet from the nearest structure or wall. Interior noise measurements shall be made within the receptor residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling or floor nearest the noise source with windows in an open or closed position depending on the normal ventilation requirements.

(Prior code § 4308)

A. A person shall not make, continue or cause to be made or continued, any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this subsection.

B. No person shall create, conduct, maintain or cause a noise disturbance. No person shall host or conduct a private or public dance, party, gathering or event in a residential neighborhood or in another neighborhood inhabited for residential use where the sound or noise emanating therefrom constitutes a noise disturbance. The source of instrumentalities of a noise disturbance may be seized in conjunction with the abatement of a noise disturbance.

(Prior code §§ 4311, 4324)

Any peace officer and any person empowered and authorized to make arrests for violations of provisions of this code is empowered and authorized to summarily abate a noise disturbance.

(Prior code § 4325)

The following acts, and the causing thereof, are declared to be in violation of this chapter.

A. Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound between the hours of ten p.m. and seven a.m. the following day in such a manner as to create a noise disturbance across a real property boundary or within a noise sensitive zone.

B. Loudspeakers/Public Address Systems.

1. Using or operating for noncommercial purpose any loudspeaker, public address system, or similar device between the hours of ten p.m. and seven a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary.

2. Using or operating for any commercial purpose, any loudspeaker, public address system, or similar device such that the sound therefrom creates a noise disturbance across a real property boundary or between the hours of ten p.m. and seven a.m. the following day on a public right-of-way or public space.

C. Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten p.m. and six a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary.

D. Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary.

E. Powered Model Vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential real property boundary, in a public space between the hours of ten p.m. and seven a.m. the following day. Maximum sound levels in a public space during the permitted period of operation shall conform to those set forth for residential land use in Section 8.36.060(A)(1). Maximum sound levels for residential property during the permitted period of operation, shall be governed by Section 8.36.060(A)(1).

F. Stationary Non-Emergency Signaling Devices.

1. Sounding or permitting 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 five minutes in any hourly period.

2. Devices used in conjunction with places of religious worship shall be exempt from the operation of this provision.

G. Refuse Collection Vehicles. A person shall not:

1. On or after three years following the effective date of the ordinance codified in this chapter, operate or permit the operation of the compacting mechanism of any motor vehicle which compacts refuse and which creates, during the compacting cycle, a sound level in excess of eighty-five (85) dBA when measured at fifty (50) feet from any point on the vehicle;

2. Operate or permit the operation of the compacting mechanism of any motor vehicle which compacts refuse, between the hours of ten p.m. and six a.m. the following day in a residential area or noise sensitive zone or within five hundred (500) feet thereof;

3. Collect refuse with collection vehicle between the hours of ten p.m. and six a.m. the following day in a residential area or noise sensitive zone or within five hundred (500) feet thereof.

4. In the case of a conflict between this chapter and any other ordinance regulating refuse collection, provisions of any specific ordinance regulating refuse collection shall control.

(Prior code § 4312)

A. Within one hundred twenty (120) 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 Planning Commission for a variance for time to comply.

B. Any person seeking a variance for time to comply shall file an application with the Planning Department. 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, prior to the date requested in the application, would constitute an unreasonable hardship on the applicant, on the community, or other persons.

C. In determining whether to grant or deny the application, the Planning Commission shall balance the hardship to the applicant, the community, and other persons by not granting the variance for time to comply against the adverse impact on property affected, and any other adverse impacts of granting the variance. Applicants for variances for time to comply and persons contesting variances may be required to submit any information to the Planning Commission that they may reasonably require. In granting or denying an application, the Planning Department shall place on public file, a copy of the decision and the reasons for denying or granting the variance for time to comply.

D. Variances for time to comply shall contain all necessary conditions, including a schedule for achieving compliance. The variance for time to comply shall not become effective until all conditions are agreed to by the applicant in writing. Noncompliance with any condition of the variance shall terminate the variance and subject the person holding it to the provisions of this chapter.

E. Application for extension of time limits specified in variances for time to comply, or for modification of other substantial conditions, shall be treated as applications for initial variances under subsection B of this section, except that the Planning Commission must find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification.

F. The Planning Commission may issue guidelines defining the procedures to be followed in applying for a variance for time to comply and the criteria to be considered in deciding whether to grant a variance.

G. Findings. No variance shall be granted unless the Planning Commission makes all of the following findings:

1. That the applicant is or will be in violation of this chapter;

2. That, due to conditions beyond the reasonable control of the applicant, requiring compliance would result in either:

a. An arbitrary or unreasonable taking of property, or

b. The practical losing and elimination of a lawful business;

3. That such closing or taking would be without a corresponding benefit in reducing noise levels.

(Prior code § 4313)

A person dissatisfied with an action taken by the Planning Commission may appeal to the City Council. All appeals shall be submitted and acted upon in the manner prescribed by Section 17.124.070.

(Prior code § 4314)

A. The City Manager shall order an immediate halt to any sound which exposes any person, except those excluded pursuant to Section 8.36.030(A) to continuous sound levels in excess of those shown in Table B. Within two days following issuance of such an order, the city shall apply to the appropriate court for an injunction to replace the order.

B. No order pursuant to this section shall be issued if the only persons exposed to sound levels in excess of those listed in Tables A and B are exposed as a result of: (1) trespass; (2) invitation upon private property by the person causing or permitting the sound; or (3) employment by the person or a contractor of the person causing or permitting the sound.

C. Any person subject to an order issued pursuant to Section 8.36.030(A)(1), shall comply with such order until: (1) the sound is brought into compliance with the order as determined by the City Manager; or (2) a judicial order has superseded the City Manager's order.

Table A

Continuous Sound Levels which Pose an Immediate Threat to Health and Welfare (Measured at 50 feet or 15 meters)*

* Use equal energy time-intensity trade-off if level varies; find energy equivalent over 24 hours.

Table B

Impulsive Sound Levels which Pose an Immediate Threat to Health and Welfare (Measured at 50 feet or 15 meters)

(Prior code § 4320)

When a large party or gathering occurs on a private property and a Deputy Sheriff at the scene determines that such party or gathering is a noise disturbance as such term is defined in Section 8.36.020 or the party or gathering for any other reason is a threat to the public peace, health, safety or general welfare, the person in charge of the premises and the person responsible for the event, or if either of those persons is a minor, then the parents or guardians of that minor, will be held jointly and severally liable for the cost of providing Sheriff's personnel on special security assignment over and above the services normally provided by the Sheriff's Department. The Sheriff's personnel utilized during a second response after the first warning to abate the noise disturbance or otherwise to control the threat to the public peace, health, safety or general welfare, shall be deemed to be on special security assignment over and above the services normally provided. The costs of such special security assignment may include minor damages to city property and/or injuries to city and/or Sheriff's personnel. Costs assessed shall not be in excess of five hundred dollars ($500.00) for a single incident. The city reserves its legal options to elect any other legal remedies when said costs or damage exceed five hundred dollars ($500.00).

Upon the first response to such an assemblage, the person in charge of the assemblage and the person or persons in charge of the premises, and if such person is a minor, then the parents or guardians of that minor, shall be given a first warning in the form of a written notification stating that the first response as above described shall be deemed to be the normal Sheriff's services provided. The Sheriff's personnel necessarily utilized after such first warning to control a noise disturbance or a threat to the public peace, health, safety or general welfare shall be deemed to be on special security assignment over and above the normal services provided and the owner of the property and/or the person in charge of the property where such assemblage occurs, and/or the person responsible for such assemblage, shall be personally responsible for the cost of such special security assignment in an amount determined upon a cost accounting basis by the city and that the cost of such special security assignment, shall include damage to city property and/or injuries to city and/or Sheriff's personnel.

(Prior code § 4326)

None of the provisions of this chapter shall apply to a fixed sound source during the period commencing the effective date of the ordinance codified in this chapter and terminating one year thereafter. This section does not apply where the source of the noise is sound amplification equipment with variable volume control.

(Prior code § 4321)

The City Manager or his or her appointed representative is directed to enforce the provisions of this chapter and is authorized and may arrest at his or her discretion, any person without a warrant when he or she has reasonable cause to believe that such person has committed a misdemeanor in his presence.

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 or her duty.

(Prior code §§ 4315, 4316)

Violations of this chapter shall be prosecuted in the same manner as other misdemeanor violations of the city code, provided however, that in the event of an initial violation of the provisions of this chapter, a written notice shall be given the alleged violator which specifies the time by which the condition shall be corrected or an application for permit or variance shall be received by the Planning Department. No complaint or further action shall be taken in the event the cause of the violation has been removed, the condition abated or fully corrected within the time period specified in the written notice.

In the event the alleged violator cannot be located in order to serve the notice of intention to prosecute, the notice as required herein shall be deemed to be given upon mailing such notice by registered or certified mail to the alleged violator at his or her last known address or at the place where the violation occurred in which event the specified time period for abating the violation or applying for a variance shall commence at the date of the day following the mailing of such notice. Subsequent violations of the same offense shall result in the immediate filing of a misdemeanor complaint.

(Prior code §§ 4317, 4319)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000.00) or be imprisoned in the county jail for a period not exceeding six months or 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. (Amended during 1999 codification; prior code § 4318)