San Anselmo Municipal Code Art. 4 Violations: Variances: Severability

Notwithstanding any other provision of this chapter, it shall be unlawful for any person to make or continue, or cause to be made or continued, any loud and unnecessary noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any person of normal sensitiveness working or residing in the area of the noise source.

The standards which shall be considered in determining whether a violation of this section exists shall include, but not be limited to:

(a) The level of the noise;

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

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

(d) The level 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 or night the noise occurs;

(i) The duration of the noise;

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

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

(Ord. 685, eff. March 13, 1975)

A violation of any provision of this chapter shall constitute an infraction. Each calendar day any such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(Ord. 685, eff. March 13, 1975)

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 summary abatement, to a restraining order, or to a (temporary or permanent) injunction issued by a court of competent jurisdiction.

(Ord. 685, eff. March 13, 1975)

Whenever any provision of this chapter makes it a violation to cause or produce noise in such a manner as to disturb the peace, quiet, or comfort of any person of normal sensitiveness working or residing in the area, any noise level which exceeds the ambient base level at the property plane of any property on which the noise source is located (or if a condominium or apartment, within any adjoining unit) by more than five (5) dBA shall be deemed prima facie evidence of such violation.

(Ord. 685, eff. March 13, 1975)

If any provision, clause, sentence, or paragraph of this chapter, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or the application of the other provisions of this chapter which can be given effect without the consideration of the invalid provisions and, to this end, the provisions of this chapter are hereby declared to be severable.

(Ord. 685, eff. March 13, 1975)

Where practical difficulties, unnecessary hardships, or results inconsistent with the purposes of this chapter may result from a strict application of the requirements of this chapter, a variance from such requirements may be granted as provided in Article 21 of Chapter 3 of Title 10 of this Code.

(Ord. 685, eff. March 13, 1975)