San Diego Municipal Code § 59.5 Old Town – Old Town San Diego Planned District Ordinance 1516.0101

The Council of The City of San Diego finds and declares that:

(a) Inadequately controlled noise presents a growing danger to the health and
welfare of the residents of the City of San Diego;

(b) The making and creating of disturbing, excessive, or offensive noises within
the jurisdictional limits of the City of San Diego is a condition which has
persisted, and the level and frequency of occurrences of such noises continue
to increase;

(c) The making, creation, or continuance of such excessive noises, which are
prolonged or unusual in their time, place, and use, affect and are a detriment
to the public health, comfort, convenience, safety, welfare, and prosperity of
the residents of the City of San Diego;

(d) Every person is entitled to an environment in which the noise is not
detrimental to his or her life, health, or enjoyment of property; and

(e) The necessity, in the public interest, for the provisions and prohibitions
hereinafter contained and enacted is declared to be a matter of legislative
determination and public policy, and it is further declared that the provisions
and prohibitions hereinafter contained and enacted are in pursuance of and for
the purpose of securing and promoting the public health, comfort,
convenience, safety, welfare, prosperity, peace, and quiet of the City of San
Diego and its inhabitants.
(Amended 9–22–1976 by O–11916 N.S.)

Whenever the following words and phrases are used in this article, they shall have the meaning ascribed to them in this section:

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (6-2000)

(a) Average Sound Level — a sound level typical of the sound levels at a certain
place during a given period of time, averaged by the general rule of
combination for sound levels, said general rule being set forth in American
National Standard Specifications for Sound Level Meters Sl. 4–1971. Average
sound level is also called equivalent continuous sound level.

(b) Community Noise Equivalent Level — an average sound level during a 24–
hour day, obtained after addition of five (5) decibels to sound levels in the
evening from 7:00 p.m. to 10:00 p.m., and after addition of ten (10) decibels
to sound levels in the night before 7:00 a.m. and after 10:00 p.m.

(c) Construction Equipment — any tools, machinery, or equipment used in
connection with construction operations, including all types of “special
construction” equipment as defined in the pertinent sections of the California
Vehicle Code when used in the construction process on any construction site,
regardless of whether such construction site be located on–highway or off–
highway.

(d) Decibel (dB) — a unit measure of sound (noise) level.

(e) Emergency Work — work made necessary to restore property to a safe
condition following a public calamity, or work required to protect persons or
property from imminent exposure to danger of damage, or work by public or
private utilities when restoring utility service.

(f) Motor Vehicles — any and all self–propelled vehicles as defined in the
California Vehicle Code, specifically including but not limited to “mini–
bikes” and “go–carts.”

(g) Noise Level — the same as “sound level.” The terms may be used
interchangeably herein.

(h) Person — a person, firm, association, copartnership, joint venture,
corporation, or any entity, public or private.

(i) Sound Level — in decibels, that quantity measured with a sound level meter
as defined herein, by use of the “A” frequency weighting and “fast” time
averaging unless some other time averaging is specified.

(j) Sound Level Meter — an instrument for the measurement of sound, including a microphone, an amplifier, an attenuator, networks at least for the standardized frequency weighting A, and an indicating instrument having at

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (6-2000)

least the standardized dynamic characteristic “fast,” as specified in American
National Standard Specifications for Sound Level Meters Sl. 4–1971 or its
successor.

(k) Sound Amplifying Equipment — equipment as specified in Section 33.0203b
of the San Diego Municipal Code.

(l) Disturbing, Excessive or Offensive Noise — any sound or noise conflicting
with the criteria or levels set forth in this article.

(m) Supplementary Definitions of Technical Terms — definitions of technical
terms not defined herein shall be obtained from American National Standard
Acoustical Terminology, Sl.1–1960 (R– 1976).
(Amended 9–22–1976 by O–11916 N.S.)

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San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (6-2000)

Chapter 6

Public Works and Property; Public

Improvement and Assessment Proceedings

Article 1: Public Improvement and Assessment Proceedings

Division 1: Public Convenience and Necessity Determination