San Bruno Municipal Code Ch. 6.16 Noise Regulations

It is declared to be the policy of the city to prohibit unnecessary, excessive, and annoying noises from all sources subject to its police power. At certain levels, noises are detrimental to the health and welfare of the citizenry and in the public interests shall be systematically prescribed.

(Prior code § 16-4.1; Ord. 1354 § 1; Ord. 1897 § 3, 2021)

Any sound-level measurement made pursuant to the provisions of this chapter shall be measured with a sound-level meter using the "A" weighting, "slow" response, with the exception of sound-level measurements in public areas, including parks, which shall be measured with a sound-level meter using the "C" weighting "fast" response.

(Prior code § 16-4.2; Ord. 1354 § 1; Ord. 1897 § 3, 2021)

Where the ambient noise level is less than designated in this section, the respective noise level in this section shall govern.

Residential zone, time ten p.m. to seven a.m., forty-five decibels; seven a.m. to ten p.m., sixty decibels.

(Prior code § 16-4.3; Ord. 1354 § 1; Ord. 1897 § 3, 2021)

The operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter, which operation or maintenance causes discomfort or annoyance to persons of normal sensitiveness or which endangers the comfort, repose, health, or peace of residents in the area shall be deemed and is declared to be a public nuisance and may be subject to abatement by restraining order or injunction issued by a court of competent jurisdiction.

(Prior code § 16-4.4; Ord. 1354 § 1; Ord. 1897 § 3, 2021)

Any noise level exceeding the zone ambient base level at the property plane of any property, or exceeding the zone ambient base level on any adjacent residential area zone line or at any place of other property (or, if a condominium or apartment house, within any adjoining apartment) by more than ten decibels shall be deemed to be prima facie evidence of a violation of the provisions of this chapter. However, during the period of seven a.m. to ten p.m. the ambient base level may be exceeded by twenty decibels for a period not to exceed thirty minutes during any twenty-four-hour period.

(Prior code § 16-4.1-5; Ord. 1354 § 1; Ord. 1897 § 3, 2021)

No person shall operate any machinery, equipment, pump, fan, air conditioning apparatus or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property plane of any property to exceed the ambient base noise level by more than ten decibels. However, during the period of seven a.m. to ten p.m. the ambient noise level may be exceeded by twenty decibels for a period not to exceed thirty minutes during any twenty-four-hour period.

(Prior code § 16-4.6; Ord. 1354 § 1; Ord. 1897 § 3, 2021)

No person shall, within any residential zone, or within a radius of five hundred feet therefrom, operate equipment or perform any outside construction or repair work on any building, structure, or other project, or operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction-type device which shall exceed, between the hours of seven a.m. and ten p.m., a noise level of eighty-five decibels as measured at one hundred feet, or exceed between the hours of ten p.m. and seven a.m. a noise level of sixty decibels as measured at one hundred feet, unless such person shall have first obtained a permit therefor from the director of public works. No permit shall be required to perform emergency work.

(Prior code § 16-4.7; Ord. 1354 § 1; Ord. 1897 § 3, 2021)

A. No source of sound, including, but not limited to, amplifiers and other musical devices, shall exceed seventy decibels at a distance of fifty feet from the source of the sound between the hours of eleven a.m. and four p.m. unless a permit shall first have been obtained from the city council.

B. No source of sound, including, but not limited to, amplifiers and other musical devices, shall exceed sixty decibels at a distance of fifty feet from the source of the sound between the hours of four p.m. and eleven a.m. unless a permit shall first have been obtained from the city council.

(Prior code § 16-4.8; Ord. 1354 § 1; Ord. 1897 § 3, 2021)

The city council enacts Sections 6.16.090 through 6.16.160 for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that the use of sound amplifying equipment is protected by the constitutional rights of freedom of speech and assembly, the council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise.

(Prior code § 16-4.9(a); Ord. 1354 § 1; Ord. 1897 § 3, 2021)

No person, other than personnel of law enforcement or governmental agencies, shall install, use or operate within the city a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purpose 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 filing a registration statement and obtaining approval thereof as set forth in Sections 6.16.110 and 6.16.120.

(Prior code § 16-4.9(b); Ord. 1354 § 1; Ord. 1897 § 3, 2021)

Every user of sound-amplifying equipment shall file a registration statement with the city manager ten or more days prior to the date on which the sound-amplifying equipment is intended to be used. Such statement shall contain the following information:

A. The name, address, and telephone number of both the owner and user of the sound-amplifying equipment;

B. The maximum sound-producing power of the sound-amplifying equipment, which shall include the wattage to be used, the volume in decibels of sound which will be produced, and the approximate distance for which sound will be audible from the sound-amplifying equipment;

C. The license and motor number if a sound truck is to be used;

D. A general description of the sound-amplifying equipment which is to be used;

E. Whether the sound-amplifying equipment will be used for commercial or noncommercial purposes;

F. The duration of the permit requested, not to exceed thirty days.

(Prior code § 16-4.9(c)(1); Ord. 1354 § 1; Ord. 1897 § 3, 2021)

The city manager shall return to the applicant an approved copy of the registration statement unless he or she finds that:

A. The conditions of the motor vehicle movement are such that in the opinion of the city manager, use of the equipment would constitute a detriment to traffic safety; or

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

C. The registration statement required reveals that the applicant would violate the provisions set forth in any other provision of this code.

(Prior code § 16-4.9(c)(2); Ord. 1354 § 1; Ord. 1897 § 3, 2021)

In the event the registration statement is disapproved, the city manager shall endorse upon the statement his or her reasons for disapproval and return it forthwith to the applicant.

(Prior code § 16-4.9(c)(3); Ord. 1354 § 1; Ord. 1897 § 3, 2021)

Any person aggrieved by the disapproval of a registration statement may appeal to the city council. Such appeal must be filed with the city clerk within twenty days after the date of notice of disapproval by the city manager.

(Prior code § 16-4.9(d); Ord. 1354 § 1; Ord. 1897 § 3, 2021)

Prior to the issuance of the registration statement, a fee in an amount set by resolution of the city council 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 for noncommercial purposes.

(Prior code § 16-4.9(e); Ord. 1354 § 1; Ord. 1897 § 3, 2021)

The commercial and noncommercial use of sound-amplifying equipment shall be subject to the following regulations:

A. The only sounds permitted shall be either music or human speech, or both.

B. The operation of sound-amplifying equipment shall only occur between the hours of eight a.m. and eight p.m. each day except on Sundays and legal holidays. No operation of sound-amplifying equipment for commercial purposes shall be permitted on Sundays or legal holidays. The operation of sound-amplifying equipment for noncommercial purposes on Sundays and legal holidays shall occur only between the hours of ten a.m. and eight p.m.

C. Sound level emanating from sound-amplifying equipment shall not exceed fifteen decibels above the ambient base noise level, as measured at a distance of one hundred feet from the sound source.

D. Notwithstanding the provisions of subsection C, sound-amplifying equipment shall not be operated within two hundred feet of churches, schools, hospitals or city or county buildings.

(Prior code § 16-4.9(f); Ord. 1354 § 1; Ord. 1897 § 3, 2021)

A. Notwithstanding any other provision of this chapter, no person shall 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 neighborhood.

B. 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 intensity of the background noise, if any;

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

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

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

9. The time of day or night the noise occurs;

10. The duration of the noise;

11. Whether the noise is recurrent, intermittent, or constant; and

12. Whether the noise is produced by a commercial or noncommercial activity.

(Prior code § 16-4.10; Ord. 1354 § 1; Ord. 1897 § 3, 2021)