San Fernando Municipal Code Div. 1 Generally

(a) In order to control unnecessary, excessive and annoying sounds emanating from incorporated areas of the city, it is declared to be the policy of the city to prohibit such sounds generated from all sources as specified in this article.

(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 prohibited by or not in conformity with this article is a public nuisance and shall be punishable as such.

(Code 1957, § 14.1)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative services officer means the city administrative officer.

Ambient noise level means the noise level exceeded 90 percent of the time for the period being measured. The ambient noise level is 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. For the purposes of enforcement of this article, the maximum permissible ambient noise level shall be no greater than the following noise levels for each of the indicated zones:

Building official means the director of building and planning or the director's duly authorized representative.

Commission means the planning and preservation commission.

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

Decibel (dB) means a unit which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base 10 of this ratio.

Development means the activity of preparing land and constructing facilities in order to establish a land use. A development also means a lot or project area together with the completed facilities and improvements thereon.

Director, with respect to amplified sound permit applications for use of sound amplifying equipment on public streets or public right-of-ways, means the director of the public works department, or the director's duly authorized representative, and with respect to amplified sound permit applications for use of sound amplifying equipment in or outside of rooms, stadiums, structures or public places, means the director of the community development department, or the director's duly authorized representative.

Dwelling unit means one or more habitable rooms constituting a permanent, self-contained unit with a separate entrance and used or intended to be used continuously for living and sleeping purposes for not more than one family and containing one, but not more than one, kitchen or kitchenette.

Emergency machinery, vehicle or work means 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 means 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.

Grading means any excavating or filling of earth material or any combination thereof conducted at a site to prepare the site for construction or other improvements thereon.

Impact noise means the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest.

Lot means that portion of any geographical location under the direct custody and control of the applicant.

Mixed-use means a development containing both residential and nonresidential land uses.

Mobile noise source means any noise source other than a fixed noise source.

Noise means loud and excessive sound which disturbs or tends to disturb the peace or good order, including that produced by persons, pets and livestock, industrial equipment, construction, motor vehicles, home appliances, electric motors, combustion engines, and any other sound-producing objects.

Noise level means the A-weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dB(A).

Person means a person, firm, association, copartnership, joint venture, corporation, or any entity, public or private in nature.

Residential property means a parcel of real property which is developed and used either in part or in whole for residential purposes, including mixed-use developments, other than transient uses such as hotels and motels.

Simple tone noise means a noise characterized by a predominant frequency so that other frequencies cannot be readily distinguished.

Sound level meter means an instrument meeting American National Standard Institute's Standard 51.4-1971 for 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 of a sound, in decibels, means 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a referenced pressure, which reference pressure shall be explicitly stated.

(Code 1957, § 14.2; Ord. No. 1546, § 6, 11-17-2003; Ord. No. 1593, §§ 1—9, 1-19-2010)

Cross reference— Definitions generally, § 1-2.

(a) The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this article, but such enumeration shall not be deemed to be exclusive:

(1) Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device, except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is, for any reason, held up.

(2) Radios, phonographs, etc. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 25 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this subsection.

(3) Loudspeakers, amplifiers for advertising. The using, operating of or the permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure, except as permitted in section 34-66.

(4) Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 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.

(5) Animals, birds. 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.

(6) Steam whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper city authorities.

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

(8) 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.

(9) 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.

(10) Construction or repair of buildings. The creation of noise in connection with the erection including excavation, demolition, alteration or repair of any building on Sundays and federal holidays, or other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and 8:00 a.m. and 6:00 p.m. on Saturdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building official, which permit may be granted for a period not to exceed three days or less while the emergency continues. If the building official should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m. on weekdays or 6:00 p.m. and 8:00 a.m. on Saturdays, and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m. on weekdays or 6:00 p.m. and 8:00 a.m. on Saturdays, upon application being made at the time the permit for the work is awarded or during the progress of the work.

(11) Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while such is 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 that such is a school, hospital or court street.

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

(13) Drums. The use of any drum or other instrument or device for the purpose of attracting attention, creation of noise to any performance, show or sale.

(14) Transportation of metal rails, pillars and columns. 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.

(15) Pile drivers, hammers, etc. The operation between the hours of 6:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hose or other appliance, the use of which is attended by loud or unusual noise.

(16) Blowers/lawn mowers. The operation of any noise-creating blower, lawn mower, or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower, lawn mower, or fan is muffled and such engine is equipped with a muffler device to deaden such noise.

(b) Any of the noises stated in subsection (a) of this section violating section 34-29 shall be considered a prima facie violation of this article.

(Code 1957, § 14.3; Ord. No. 1512, § 1, 11-1-1999; Ord. No. 1593, § 10, 1-19-2010)

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 by a sound level meter on any other property, to exceed the permitted ambient noise level more than ten minutes per hour.

(Code 1957, § 14.4)

(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 other dwelling unit on any residential property, either incorporated or unincorporated, to exceed the following:

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

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

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

(b) If the alleged offensive noise consists of impact noise, simple tone noise, speech, music, or any combination thereof, each of the noise levels in subsection (a) of this section shall be reduced by five dB(A).

(Code 1957, § 14.5)

The following activities shall be exempted from this article:

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

(2) Outdoor gatherings, public dances, shows and sporting and entertaining events, provided such events are conducted pursuant to a license and/or permit issued by the city pursuant to article III of chapter 22 of this Code relative to the staging of such events.

(3) Activities conducted on any park or playground, provided such park or playground is owned and operated by a public entity.

(4) Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicles or work.

(5) Noise sources associated with construction, repair, remodeling or grading of any real property are allowed up to 70 dB measured at the property line, provided such activities do not take place between the hours of 6:00 p.m. and 7:00 a.m. on weekdays and 6:00 p.m. and 8:00 a.m. on Saturdays, or at any time on Sundays or on federal holidays.

(6) Noise sources associated with the maintenance of real property, provided the activities take place between the hours of 7:00 a.m. and 6:00 p.m. on any day except Saturdays, Sundays, or on federal holidays, or between the hours of 9:00 a.m. and 6:00 p.m. on Saturdays, Sundays or on federal holidays.

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

(8) Activities of the federal, state or local government and its duly franchised utilities.

(9) Trains operated in conformity with and regulated by any federal or state agency.

(10) 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.

(Code 1957, § 14.6; Ord. No. 1512, § 1, 11-1-1999; Ord. No. 1593, § 11, 1-19-2010)

The location selected for measuring exterior noise levels shall be at any point on the affected property. Interior noise measurements shall be made within the affected dwelling unit. The measurement shall be made at a point at least four 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.

(Code 1957, § 14.7)

(a) The chief of police and his duly authorized representatives are directed to enforce this article.

(b) No person shall interfere with, oppose or resist any authorized person charged with enforcement of this article while such person is engaged in the performance of his duty.

(Code 1957, § 14.12)

(a) The owner or operator of a noise source which violates any of the sections of this article may file an application with the city administrative services officer for a variance from this article, wherein such owner or operator shall set forth all actions taken to comply with this article, the reasons why immediate compliance cannot be achieved, and its accomplishment. The application shall be accompanied by a fee in an amount to be established by resolution of the city council. 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 application. Upon receipt of the application and fee, the city administrative officer shall take action thereon in accordance with this article.

(b) An applicant for a variance shall remain subject to prosecution under the terms of this article until a variance is granted.

(c) The city administrative services officer shall evaluate all applications for variance from the requirements of this article and may grant the variances with respect to time for compliance, subject to such terms, conditions and requirements as may be deemed reasonable to achieve maximum compliance with this article. Such terms, conditions and requirements may include, but shall not be limited to, limitations on noise levels and operating hours. Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In his determinations, the city administrative services officer 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 the variance shall be unlawful.

(Code 1957, § 14.13)

(a) Within 15 days following the decision of the city administrative services officer on an application filed pursuant to this division, the applicant may appeal the decision to the commission by filing a notice of appeal with the secretary of the commission. For an appeal by the applicant for a variance, 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 commission as discussed in this section. If the actual cost of such preparation differs from the estimated cost, appropriate payments shall be made to the secretary.

(b) Within 15 days following receipt of a notice of appeal and the appeal fee, the secretary of the commission shall forward to the commission copies of the application for variance, the recommendation of the city administrative services officer, the notice of appeal, all evidence concerning the application received by the city administrative services officer, and his or her decision thereon. In addition, any person may file with the commission written arguments in support or in opposition of the decision, and the commission may, in its discretion, hear oral arguments thereon. The city clerk shall mail to the applicant a notice of the date set for hearing the appeal. The notice shall be mailed at least ten days prior to the hearing date.

(c) Within 60 days following its receipt of the notice of the appeal, the commission shall affirm, modify or reverse the decision of the city administrative services officer. Such decision shall be based upon the commission's evaluation of the matters submitted to the commission in light of the powers conferred on the city administrative services officer and the factors to be considered.

(d) As part of its decision, the commission may direct the city administrative services officer to conduct further proceedings on the application. Failure of the commission to affirm, modify or reverse the decision of the city administrative services officer within the 60-day period shall constitute an affirmance of the decision.

(Code 1957, § 14.14; Ord. No. 1593, § 12, 1-19-2010)

Editor's note— Ord. No. 1537, § 12, adopted Oct. 21, 2002, repealed § 34-36 which pertained to violations and derived from Code 1957, § 14.15.