Salinas Municipal Code Art. XII Disturbing the Peace; Noise

It is the intent of this article to prohibit all noises which are disturbing or unreasonably loud. The purpose of this article is to strike a balance between normal, everyday noises that are unavoidable in an urban environment and those noises that are so excessive and annoying to persons of ordinary sensitivity that they must be curtailed in order to protect the comfort and the tranquility of all persons who live and work in the city. To those ends, no person shall disturb the peace, quiet, and comfort of any neighborhood by creating therein any disturbing or unreasonably loud noise.

(Ord. No. 2619(NCS), § 2, 6-18-2019)

Unless otherwise permitted in this article, it shall be unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, or permit or allow to be made or continued any noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to a reasonable person of normal sensitivity in the area.

"Noise disturbance," for purposes of this article means any sound which (a) endangers or injures the safety or health of human beings or animals or (b) annoys or disturbs reasonable persons of normal sensitivities or (c) endangers or injures persons or real property or (d) violates the factors set forth in this section.

Except as may otherwise be specifically permitted in this Municipal Code, no permit shall be issued for any activity that may violate this section.

When considering whether a noise, sound, or vibration is unreasonable within the meaning of this section, the following factors shall be taken into consideration:

(a) The volume and the intensity of the noise, particularly as it is experienced within a residence or a place of business;

(b) Whether the noise is prolonged and continuous;

(c) How the noise contrasts with the ambient noise level;

(d) The proximity of the noise source to residential and to commercial uses;

(e) The time of day;

(f) The anticipated duration of the noise;

(g) Whether the noise is natural or unnatural; and

(h) Any other relevant circumstances or conditions.

(Ord. No. 2619(NCS), § 2, 6-18-2019)

Notwithstanding any other provision of this article, the following acts and the causing or the permitting thereof, are declared to be in violation of this article:

(a) Residential devices: Yard supplies, radios, television sets, musical instruments, and similar devices. Operating, playing, or permitting the operation or the playing of devices necessary and commonly associated with residential living. Such noise includes, but is not limited to, noise created by power mowers, trimmers, home appliances (radios and televisions), musical instruments, home workshops, vehicle repairs and testing, home construction projects, or similar devices or activities which produces or reproduces sound. Noise generated from residential devices between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to create a noise disturbance across a residential or a commercial property line or at any time to violate the provisions of this section.

(b) Speakers; Amplified sounds. Using or operating for any purpose any speaker, speaker system, or similar device between the hours of 10:00 p.m. and 7:00 a.m., such that the sound therefrom creates a noise disturbance across a residential property line, or at any time otherwise violates the provisions of this section, except for any noncommercial public speaking, public assembly, or other activity or activity for which a permit has been issued pursuant to the provisions of this Code.

(c) Animals. Owning or possessing any animal (including a bird) which frequently or for long duration, howls, barks, meows, squawks, or makes other sounds which create a noise disturbance across a residential or a commercial property line.

(d) Loading and unloading. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance across a residential property line or at any time otherwise violate the provisions of this section.

(e) Emergency signaling devices. The intentional sounding or permitting the sounding outdoors of any fire, burglar, or similar emergency signaling device, except for emergency purposes or testing. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle alarm, unless such alarm is terminated within thirty (30) minutes of activation.

(f) Domestic power tools, machinery. Operating or permitting the operation of any mechanically-powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between the hours of 10:00 p.m. and 7:00 a.m. so as to create a noise disturbance across a residential or a commercial property line.

(Ord. No. 2619(NCS), § 2, 6-18-2019)

The following shall be exempt from the provisions of this article:

(a) Noise created by and emanating from equipment operated in the public interest or for emergency or safety purposes. Such equipment includes, but is not limited to, sirens, street sweepers, wood-chippers, garbage trucks, or public utility equipment.

(b) Testing of the complete emergency signaling system, including the functioning of the signaling device, between the hours of 7:00 a.m. and 10:00 p.m., not more than once during a calendar month. In no case shall such test exceed sixty (60) seconds.

(c) Agricultural operations. All mechanical devices or equipment associated with agricultural operations conducted on agricultural property.

(d) Federal or state preempted activities. Any other activity to the extent regulation thereof has been preempted by state or federal law.

(Ord. No. 2619(NCS), § 2, 6-18-2019)

(a) A violation of this article shall be a public nuisance and may be abated by the city attorney.

(b) Any violation of the provisions of this article shall be a misdemeanor or subject to administrative citation, at the discretion of the city attorney. Each hour such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(1) The first violation of this article shall be subject to a fine of two hundred fifty dollars ($250.00).

(2) The second violation of this article during a twelve (12) month period shall be subject to a fine of five hundred dollars ($500.00).

(3) The third and subsequent violations of this article during a twelve (12) month period shall be subject to a fine of one thousand dollars ($1,000.00).

(4) Joint and several responsibility. In addition to the person causing the violation of this article, the owner, tenant, or lessee of property, or a manager or agent, or any other person lawfully entitled to possess the property from which the offending sound is emitted at the time the offending sound is emitted, shall be responsible for compliance with this article if the additional responsible party knows or reasonably should have known of the violating noise disturbance. It shall not be a lawful defense to assert that some other person caused the sound violation. The lawful possessor or operator of the premises shall be responsible for operating or maintaining the premises in compliance with this article and may be cited regardless of whether or not the person actually causing the sound is also cited. Notwithstanding the foregoing, an owner, manager, or agent of property from which the violating sound is emitted and who does not reside on such property shall not be cited for violation of the provisions of this article unless such owner, manager, or agent has previously been informed in writing by a representative of the city of the existence of a violating noise disturbance on the property, and such disturbance continues or occurs again.

(Ord. No. 2619(NCS), § 2, 6-18-2019)

(a) In addition to any fines or penalties which may otherwise be levied by the city pursuant to this article, the city shall be entitled to recover from any person found to be in violation of any provision of this article (responsible party), the city's full response costs incurred for each subsequent response within the twelve (12) hour period following the first response.

(b) For purposes of this article, the term "response costs" means those reasonable and necessary costs directly incurred by the city for a response under this article and will include the cost of providing police, fire, and/or other emergency response services to include, but not limited to:

(1) Salaries and benefits of law enforcement and/or emergency personnel for the full amount of time spent responding to, remaining at, or otherwise dealing with such gatherings, and the administrative costs attributable to such responses;

(2) The cost of any medical treatment to or for any law enforcement personnel and/or emergency personnel injured while responding to, remaining at, or leaving the scene of a violation of this article; and

(3) The cost of repairing any city equipment or property damaged and the cost of the use of any such equipment used in responding to, remaining at, or leaving the scene of a violation of this article.

(c) The city's response costs will be deemed a debt owed to the city which may be recovered by the city in a civil action. In addition to any response costs which the city may recover, in the event the city brings a civil action to enforce the provisions of this section and to recover its response costs, the city may be entitled to recover its attorney fees and costs incurred in the action if the city prevails.

(d) The bill of charges will be served upon the responsible party(ies) within thirty (30) days after the last response. The bill of charges must be paid within thirty (30) days of the date of such bill.

(e) The total amount of the response charge will be deemed to be a civil debt to the city and the finance director and the city attorney may take such action to recover the costs as the city is authorized to do by law for the recovery of a civil debt. If the city is obliged to initiate litigation or other proceedings authorized by this section to recover this debt, the responsible party(ies) will also be responsible for costs of suit, attorney fees, and costs of collection, in addition to the response costs.

(f) The bill of charges and any other notices required by this section will be served upon the responsible party(ies) in accordance with the service procedures established in this Code. If the responsible party(ies) has no last known business or residence address, then the scene of the disturbance will be deemed to be the proper address for service of notice.

(g) The bill of charges will include a notice of the right of the person being charged to request a determination by the city to dispute the imposition of a response charge or the amount of the charge. Any request for a determination to dispute the imposition of a response charge or the amount of the charge must be in writing and must be received by the city clerk within ten (10) days of the date of service of the bill of charges. The city manager will designate an individual to hear and to rule upon such requests. The decision of the designated city official will be final.

(Ord. No. 2619(NCS), § 2, 6-18-2019)