San Clemente Municipal Code Ch. 8.48 Noise Control

A. .....In order to control unnecessary, excessive and annoying sounds emanating from incorporated areas of the City, it is hereby declared to be the policy of the City to prohibit such sounds generated from all sources as specified in this chapter.

B. .....It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary to public interest. Therefore, the City Council does ordain and declare that creating, maintaining, causing or allowing to create, maintain or cause any noise in a manner pro-hibited by or not in conformity with the provisions of this chapter, is a public nuisance and shall be punishable as such.

(Ord. 1450 § 1 (part), 2007: prior code § 16-22)

The following words, phrases and terms as used in this chapter shall have the meaning as indicated below:

"Ambient noise level" shall mean the all-encompassing noise level associated with a given environment, being a composite of all sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. The ambient noise shall be measured using the same weighting (e.g., A-weighting or C-weighting) required by this chapter for the measurement of the alleged offensive noise.

"A-weighting" shall mean a frequency response adjustment applied to a measured sound pressure level in order to approximate the frequency response of the human ear. Such weighting is typically applied automatically by a sound level meter on the A-scale setting.

"A-weighted decibel [dB(A)]" shall mean a unit for measuring sound pressure level, identical to the decibel (dB), except that level shall be adjusted per the A-weighting adjustment.

"C-weighting" shall mean a frequency response adjustment applied to a measured sound pressure level in order to assess low frequency noise, such as that produced by drums or bass guitars. Such weighting is typically applied automatically by a sound level meter on the C-scale setting.

"C-weighted decibel [dB(C)]" shall mean a unit for measuring sound pressure level, identical to the decibel (dB), except that level shall be adjusted per the C-weighting adjustment.

"Construction activity" shall mean any construction or demolition activity including, but not limited to: construction, demolition, repair, alteration, remodeling, excavation, filling or grading of any real property, building, street or highway. Construction activity shall also include the arrival and departure of personnel at the construction site, the delivery to and collection from the site of equipment and materials, and the running of any construction equipment.

"Cumulative period" shall mean an additive period of time composed of individual time segments which may be continuous or interrupted.

"Decibel (dB)" shall mean a unit for measuring sound pressure level, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the root-mean-squared (r m s) pressure of the measured sound to the reference pressure. The reference pressure shall be twenty (20) microPascals.

"Dwelling unit" shall mean a single unit providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

"Emergency machinery, vehicle or work" shall mean any machinery, vehicle or work used, employed or performed 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" shall mean a stationary device which creates sounds while fixed or motionless including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.

"Impact noise" shall mean the noise produced by the collision of one (1) mass in motion with a second mass which may be either in motion or at rest.

"Lot" shall mean that portion of any geographical location under the direct custody and control of any person.

"Mobile noise source" shall mean any noise source other than a fixed noise source.

"Noise level" shall mean the sound pressure level obtained using a sound level meter. Unless specifically stated otherwise, the noise level shall refer to the A-weighted sound pressure level and the unit of measurement shall be designated as dB(A).

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

"Residential property" shall mean a parcel of real property which is developed and used for residential purposes, regardless of the underlying land-use zoning, other than transient uses such as hotels and motels. Where residential uses occur within mixed-use developments, only that portion of the property used for residential purposes shall be considered residential property.

"Sound amplifying equipment" shall mean any machine or device for the amplification of the human voice, music or any other sound.

"Sound level meter" shall mean an instrument meeting American National Standard Institute's Standard S1.4-1971, or later any later revision thereof for Type 0, Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

"Sound pressure level" shall mean the level of a sound in decibels, as defined above.

(Ord. 1450 § 1 (part), 2007: prior code § 16-22.1)

A. .....Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in Section 8.48.020. Unless noted otherwise, the measurement shall be obtained utilizing the A-weighting scale of the sound level meter and the "slow" meter response. ("Fast" response shall be used if the alleged offending noise is predominantly impact noise.) Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed prior to recording any noise data.

B. .....The location selected for measuring exterior noise levels shall be at any point on the affected property, including decks and balconies. The measurement microphone height shall be five (5) feet above the finished ground elevation or, in the case of a deck or balcony, above the finished floor level of the deck or balcony. The measurement microphone shall not be placed above or on top of a property line fence or wall. The microphone should typically not be placed within three (3) feet of any property line fence or wall, or within ten (10) feet of any other acoustically reflective surfaces; however, shorter distances may be utilized as necessary to provide a measurement of the worst-affected area of the property (such as a narrow side yard).

C. .....Interior noise measurements shall be made within the affected dwelling unit. The measurement shall be made at a point at least four (4) feet from the wall, ceiling or floor nearest the alleged offensive noise source and may be made with the windows of the affected unit open (any exterior doors, including French doors or sliding glass doors, shall remain closed).

(Ord. 1450 § 1 (part), 2007: prior code § 16-22.6)

It shall be unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

The factors 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:

A. The sound level of the objectionable noise.

B. The sound level of the ambient noise.

C. The proximity of the noise to residential sleeping facilities.

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

E. The number of persons affected by the noise source.

F. The time of day or night the noise occurs.

G. The duration of the noise and its tonal, informational or musical content.

H. Whether the noise is continuous, recurrent, or intermittent.

I. Whether the noise is produced by a commercial or non-commercial activity.

J. Whether the noise can be heard from a distance of 20 feet or more from the noise source, or from a distance determined to be reasonable by the Officer (as defined in Section 9.16.010 G. of the Code).

Where a noise source is operated in compliance with a permit or exception as described in this chapter, it shall be considered to comply with the general noise regulations of this section, provided said use is in compliance with any and all conditions imposed by the relevant permit or exception.

(Ord. 1450 § 1 (part), 2007; Ord. No. 1617, § 5, 2-16-2016)

The following exterior noise standards, unless otherwise specifically indicated, shall apply to all property within the City. The Land Use category refers to the affected receiver property:

* Standard only applies if commercial, industrial or manufacturing buildings are occupied during these hours.

A. It shall be unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other property to exceed:

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

2. The noise standard plus five (5) dB(A) for a cumulative period of more than fifteen (15) minutes in any hour; or

3. The noise standard plus ten (10) dB(A) for a cumulative period of more than five (5) minutes in any hour; or

4. The noise standard plus fifteen (15) dB(A) for a cumulative period of more than one (1) minute in any hour; or

5. The noise standard plus twenty (20) dB(A) for any period of time.

B. In the event the ambient noise level exceeds any of the five (5) noise limit categories above, the allowable noise level under said category shall be increased to reflect the ambient noise level.

C. If possible, the ambient noise shall be measured at the same location as the noise source measurement, with the alleged offending noise source inoperative. If for any reason the alleged offending noise source cannot be shut down, the ambient noise must be estimated by performing a measurement in the same general area of the source but at a sufficient distance such that the noise from the source is at least ten (10) dB below the ambient in order that only the ambient level be measured. If the difference between the ambient and the noise source is five (5) to ten (10) dB, then the level of the ambient itself can be reasonably determined by subtracting a one (1) decibel correction to account for the contribution of the source.

(Ord. 1450 § 1 (part), 2007: prior code § 16-22.3)

The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within the City. The Land Use category refers to the affected receiver property:

A. It shall be unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level when measured within any residential dwelling unit to exceed:

1. The interior ambient noise level plus five (5) dB(A) for a cumulative period of more than five (5) minutes in any hour; or

2. The interior ambient noise level plus ten (10) dB(A) for a cumulative period of more than one (1) minute in any hour; or

3. The interior ambient noise level plus fifteen (15) dB(A) for any period of time.

B. In the event the ambient noise level exceeds any of the three (3) noise limit categories above, the allowable noise level under said category shall be increased to reflect the ambient noise level.

(Ord. 1450 § 1 (part), 2007: prior code § 16-22.4)

The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, unless specifically exempted from the provisions of this chapter in Section 8.48.090; the following list shall not be deemed to be exclusive:

A. Horns, signaling devices, etc. The sounding of any horn or other audible signaling device on any automobile, motorcycle, or other vehicle, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up.

B. Radios, phonographs, etc. on Private Property or Within Vehicles in Public. Operating, playing or permitting the operation or playing of any radio, receiving set, television set, phonograph, drum, musical instrument, or similar device, on private property or within vehicles in public, which produces or reproduces sound:

1. In such manner as to disturb the peace, quiet and comfort of a person of normal sensitiveness.

2. At any time with louder volume than is necessary to provide convenient hearing of the device by voluntary listeners located in the same room, vehicle or chamber as the device.

3. 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 commercial real property line or at any time to violate the provisions of Sections 8.48.050 and 8.48.060.

C. Loudspeakers, amplifiers in Public. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device, outside of a vehicle in public, for the producing or reproducing of sound which is cast upon the public streets for any purpose, except as permitted in Section 17.24.055, Commercial Amplified Sound, or conducted pursuant to a Special Event Permit, Temporary Use Permit, or other City-issued approval.

D. Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.

E. Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity.

F. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

G. Blowers and fans. The operation of any noise-creating blower or power fan, unless the noise from such blower or fan is muffled.

H. Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.

I. Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospitals; provided that conspicuous signs are displayed in such streets indicating the presence of a school, hospital or court.

J. Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

K. Drums. The use of any drum or other instrument or noise-producing device for the purpose of attracting attention to any performance, show or sale.

L. HVAC and pool equipment. Any motor, machinery, pump, etc. associated with heating, ventilation and air conditioning (HVAC) equipment or with the operation of any pool, spa, fountain, etc. shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance in accordance with Section 8.48.050. Submission of written proof that said equipment complies with the standards prescribed in Section 8.48.050 may be required by the City.

M. Refuse collection vehicles. No person shall collect refuse with a refuse collection vehicle between the hours of 7:00 p.m. and 6:00 am, within or adjacent to a residential area.

N. Metal rails, pillars and columns, transportation thereof. The transportation of rails, pillars or columns of iron, steel or other material over and along streets and other public places upon carts, drays, cars, trucks or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places between the hours of 10:00 p.m. and 7:00 a.m.

O. Loading, unloading, opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers between the hours of 10:00 p.m. and 7:00 a.m.

P. Commercial/retail center maintenance activities. No noise-generating maintenance activities at commercial/retail centers adjacent to residential areas shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. Such prohibited activities include, but are not limited to, dumping trash into outside trash bins, the use of parking lot sweepers, and the use of high- pressure washers.

Q. Prima facie violation. Any of the above noises violating the provisions of Sections 8.48.050 or 8.48.060 of this chapter shall be considered a prima facie violation of these provisions.

(Ord. 1450 § 1 (part), 2007; Ord. No. 1785, § 3, 12-10-2024)

Editor's note— Ord. No. 1717, § 3, adopted Oct. 19, 2021, removed the provisions of § 8.48.080, which pertained to amplified sound, and relocated them to Title 17, § 17.24.055, commercial amplified sound.

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

A. Activities conducted on the grounds of any public or private nursery, elementary, intermediate or secondary school or college.

B. Any events (including outdoor gatherings, public dances, shows, amplified sound use, sporting and entertainment events) conducted pursuant to a Special Event Permit, Temporary Use Permit, or other City-issued approval.

C. Activities conducted on any park or playground provided such park or playground is owned and operated by a public entity, provided the activities do not include amplified sound or noise from said activities does not exceed 80 dB (A), unless permitted pursuant to a special event permit or other City-issued approval.

D. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work.

E. Noise sources associated with construction activity, provided said activities take place only between the hours of 7:00 am. and 6:00 p.m. on Monday through Friday, between the hours of 8:00 am. and 6:00 p.m. on Saturday, and at no time on a Sunday or a City-recognized holiday, and provided all grading activities also comply with Section 15.36.190 of the City's Municipal Code regarding time of grading operations.

F. Noise sources associated with construction activity for which a permit has been granted by the City based upon:

1. A case of urgent necessity in the interest of public health and safety. Such permit may be granted for a period not to exceed three days while the emergency continues; or,

2. A determination by the City that the public health and safety will not be impaired and that no loss or inconvenience would result to any party in interest.

G. Noise sources associated with the maintenance of real property provided said activities take place only between the hours of 7:00 am. and 6:00 p.m. on Monday through Friday, except on a City-recognized holiday, or between the hours of 8:00 am. and 6:00 p.m. on Saturday, Sunday or a City-recognized holiday.

H. Activities carried out under the City's weed abatement program, provided said activities take place only between the hours of 7:00 am. and 6:00 p.m. on Monday through Friday, between the hours of 8:00 am. and 6:00 p.m. on Saturday, and at no time on a Sunday or a City-recognized holiday.

I. Any activity to the extent regulation thereof has been preempted by state or federal law.

J. Activities of the federal, state or local government and its duly franchised utilities.

K. Trains operated in conformity with and regulated by any federal or state agency.

L. Traffic operating on public streets or highways, with the exception of the specific noises prohibited in Section 8.48.070 of this chapter. All such traffic remains subject to the noise limits prescribed by the California Vehicle Code.

M. Activities necessary to continue to provide utility services to the general public, whether this service is installing additional facilities, restoring worn or damaged facilities and/or maintaining existing services.

N. Warning devices necessary for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns.

O. Those commercial and/or industrial operations in existence prior to the date of adoption of this chapter, if in compliance with local zoning statutes, shall be granted a six month period from the date of adoption with which to comply with the provisions of this chapter. If, at the end of the six month period, it can be shown that compliance with the provisions herein constitutes a hardship in terms of technical and economic feasibility, an exception may be granted on an annual basis until such time as compliance may be affected.

(Ord. 1450 § 1 (part), 2007; Ord. No. 1717, § 4, 10-19-2021; Ord. No. 1785, § 4, 12-10-2024)

A. .....The owner or operator of a noise source which violates any of the provisions of this chapter may file an application with the Community Development Director for an exception from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions and the reasons why immediate compliance cannot be achieved. Said application shall be accompanied by a fee in the amount determined by the City's Fee Resolution. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one (1) application. Upon receipt of said application and fee, the Community Development Director, Planning Commission and/or City Council shall take action thereon in accordance with the provisions of this chapter.

B. .....An applicant for an exception shall remain subject to prosecution under the terms of this chapter until an exception is granted.

C. .....The Planning Commission shall evaluate all applications for exception from the requirements of this chapter and may grant said exceptions with respect to time for compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum compliance with the provisions of this chapter. Said terms, conditions and requirements may include, but shall not be limited to limitations on noise levels and operating hours. Each such exception shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations the Planning Commission shall consider the magnitude of nuisance caused by the offensive noise; the uses of property within the area of impingement by the noise; the time factors related to study, design, financing and construction of remedial work; the economic factors related to age and useful life of equipment; and the general public interest and welfare. Any violation of the terms of said exception shall be unlawful.

(Ord. 1450 § 1 (part), 2007)

A. .....Within fifteen (15) days following the decision of the Planning Commission on an application, the applicant may appeal the decision to the City Council by filing a notice of appeal with the Secretary of the City Council. In the case of an appeal by the applicant for an exception, the notice of appeal shall be accompanied by a fee to be computed by the Secretary on the basis of the estimated cost of preparing the materials required to be forwarded to the City Council as discussed hereafter. If the actual cost of such preparation differs from the estimated cost, appropriate payments shall be made either to or by the Secretary.

B. .....Within fifteen (15) days following receipt of a notice of appeal and the appeal fee, the Secretary of the City Council shall forward to the City Council copies of the application for exception; the notice of appeal; all evidence concerning said application received by the Planning Commission and its decision thereon. In addition, any person may file with the City Council written arguments supporting or attacking said decision and the City Council may in its discretion hear oral arguments thereon. The City Clerk shall mail to the applicant a notice of the date set for hearing of the appeal. The notice shall be mailed at least ten (10) days prior to the hearing date.

C. .....Within sixty (60) days following its receipt of the notice of the appeal, the City Council shall affirm, modify or reverse the decision of the Planning Commission. Such decision shall be based upon the City Council's evaluation of the matters submitted to the City Council in light of the powers conferred on the Planning Commission and the factors to be considered.

D. .....As part of its decision, the City Council may direct the Planning Commission to conduct further proceedings on said application. Failure of the City Council to affirm, modify or reverse the decision of the Planning Commission within said sixty (60) day period shall constitute a confirmation of the decision.

(Ord. 1450 § 1 (part), 2007: prior code § 16-22.13)

Once granted, an exception may be revoked at any time in the event that any of the terms, conditions and requirements of the exception are not met.

(Ord. 1450 § 1 (part), 2007)