San Rafael Municipal Code Ch. 8.13 Noise

It is hereby declared to be the policy of the City of San Rafael, in the exercise of its police power, to protect the peace, health, safety and general welfare of the citizens of San Rafael from excessive, unnecessary and unreasonable noises from any and all sources in the community. It is the intention of the city council to control the adverse effect of such noise sources on the citizens by prescribing standards prohibiting detrimental levels of noise and by providing a remedy for violations. The provisions of this chapter and the remedies contained in this code shall be cumulative and are not intended to replace any otherwise available remedies for public or private nuisances, nor any other civil or criminal remedies otherwise available. In addition, the regulations contained herein are not intended to substitute for any noise analysis conducted as a part of the city's environmental review process for discretionary permit approvals, nor is it intended to limit more strict noise control requirements for discretionary permit approvals should more strict measures be found to be necessary in order to maintain noise levels that are not detrimental to the health and welfare of the citizens of the city.

(Ord. 1789 § 3 (part), 2002).

For the purposes of this chapter, certain terms are defined as follows:

1. "'A'-Weighted Sound Level (dBA)" means a decibel scale that approximates the way the human ear responds to various acoustic frequencies.

2. "Commercial property" means property zoned for commercial, office, marine, marine commercial, or water uses, as provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14, or properties zoned as planned development where the principal use is commercial, marine, marine commercial, or water use.

3. "Constant noise" means a continuous noise produced where there is no noticeable change in the level of the noise source. Examples would include such noises as those associated with air conditioners and pool equipment.

4. "Daytime" for purposes of this chapter means the period between seven a.m. (7:00 a.m.) and nine p.m. (9:00 p.m.) Sunday through Thursday and between seven a.m. (7:00 a.m.) and ten p.m. (10:00 p.m.) on Friday and Saturday.

5. "Decibel" means the measurement unit used for the level of sound/noise.

6. "Emergencies or utility power outages" means: Any city, county, or state declared emergencies; any interruption of utility power due to preventive utility shut-off measures or due to damage to utility infrastructure from accidents, earthquakes, fires, floods, storms, winds, or other acts; or any event deemed to be an emergency by city officials to preserve and protect life or property.

7. "Holidays" mean those holidays designated as federal holidays and the day after Thanksgiving.

8. "Industrial property" means property zoned for industrial or light industrial use as provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14, or properties zoned as planned development where the principal use is industrial or light industrial.

9. "Intermittent" noise means repetitive noises where there is a distinction between the onset and decay of the sound. Examples would include hammering and dog barking.

10. "Mixed use property" means property zoned for both residential and for office and/or commercial use as provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14.

11. "Multi-family residential structure" means any dwelling structure where two (2) or more dwellings are separated by a common wall, floor, or ceiling, including, but not limited to, apartments, condominiums and townhouses.

12. "Nighttime" for purposes of this chapter means the period between nine p.m. (9:00 p.m.) and seven a.m. (7:00 a.m.) Sunday through Thursday and between ten p.m. (10:00 p.m.) and seven a.m. (7:00 a.m.) on Friday and Saturday.

13. "Noise level" means the maximum constant or intermittent sound level produced by a source or group of sources as measured with a sound level meter using fast response and "A"-weighting. In order to measure a noise level, the controls of the sound level meter should be arranged to the setting appropriate to the type of noise being measured.

14. "Portable generator" means any UL listed diesel or gas fired generator not connected to a building's electrical system and only intended to provide power during emergencies or utility power outages. Generators must not exceed 69 dBA during full speed diagnostics and normal operations when measured at seven (7) meters with no loads, must meet setback requirements for mechanical equipment provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14 and must meet all fuel storage requirements provided in the California Fire Code.

15. "Property plane" means a vertical plane including the property line that determines the property boundaries in space.

16. "Public property" means property zoned for public/quasi-public or parks/open space use as provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14, or the San Rafael City Plaza, or any public street, right-of-way, or easement.

17. "Residential power equipment" means any mechanically powered saw, sander, drill, grinder, leaf blower, lawnmower, hedge trimmer, edger, or any other similar tool or device, when used in or on any residential property.

18. "Residential property" means property zoned for residential use as provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14, or properties zoned for mixed use or as planned development where the principal use is residential.

19. "Routine testing" means the required and routine testing per manufacturer's recommendations to maintain and keep ready stationary generators; usually on a weekly or monthly schedule.

20. "Sound level meter" means a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute Standard S1.4, "Specification for Sound Level Meters."

21. "Stationary generator" means any UL 2200 listed natural gas and/or propane fired generator permanently connected to the building's electrical system and only intended to provide power during emergencies or utility power outages. Generators must not exceed 69 dBA during full speed diagnostics and normal operations when measured at seven (7) meters with no loads and must meet setback requirements for mechanical equipment provided in the City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14.

(Ord. 1789 § 3 (part), 2002; Ord. No. 1977, div. 2, 11-18-2019)

No person shall maintain, emit or make, or cause, suffer or permit to be maintained, emitted or made, any noise or sound produced by human, animal, mechanical or other means, which by reason of its raucous or nerve-wracking nature, shall disturb the peace or comfort or be injurious to the health of any person or persons; and such a noise or sound may be deemed in violation of this section regardless whether it is found to be within the noise limits established elsewhere in this chapter for the location or type of noise or sound.

(Ord. 1789 § 3 (part), 2002).

Subject to the exceptions and exemptions set forth in Sections 8.13.050 and 8.13.060 of this chapter, the general noise limits set forth in this section shall apply. A summary of the general noise limits set forth in this section is set forth in Table 8.13-1. Where two or more noise limits may apply, the more restrictive noise limit shall govern. For purposes of determining sound levels from any source of sound, a sound level measurement shall be made at any point on any receiving private or public property. Notwithstanding the foregoing, in multi-family structures, the microphone shall be placed no closer than 3-½ feet from a wall through which the source of sound at issue is transmitting, and shall also be placed five (5) feet above the floor regardless of whether the source of sound at issue transmits through the floor, ceiling or wall. Sound level measurements shall be made with a sound level meter (Type 1 or 2) set to A-weighting, and "fast" response for intermittent sound. Slow or fast response may be used for constant noise sources. For intermittent sound, the one second rms maximum level (Lmax) shall be used. For constant sound, the average level (Leq) shall be used.

A. Residential property noise limits.

1. No person shall produce, suffer or allow to be produced by any machine, animal or device, or by any other means, a noise level greater than the following, when measured on any residential property:

2. No person shall produce, suffer or allow to be produced by any machine, animal, or device, or by any other means, a noise level greater than the following, when measured on any mixed use property:

3. No person shall produce, suffer or allow to be produced by any machine, animal or device, or by any other means, within the interior of a multi-family residential structure, a noise level greater than the following, when measured through a common interior partition (wall, floor or ceiling) from any other interior location:

B. Commercial property noise limits.

No person shall produce, suffer or allow to be produced by any machine, animal, or device, or by any other means, a noise level greater than sixty-five (65) dBA intermittent or fifty-five (55) dBA constant, when measured on any commercial property.

C. Industrial property noise limits.

No person shall produce, suffer or allow to be produced by any machine, animal or device, or by any other means, a noise level greater than seventy (70) dBA intermittent or sixty (60) dBA constant, when measured on any industrial property.

D. Public property noise limits.

No person shall produce, suffer or allow to be produced by any machine, animal or device, or by any other means, a noise level, when measured on any public property, that is greater than the most restrictive noise standard applicable under this chapter to any private property adjoining the receiving public property.

TABLE 8.13-1—GENERAL NOISE LIMITS

(Ord. 1789 § 3 (part), 2002).

The following standard exceptions to the provisions of Section 8.13.040 shall be allowed as of right, to the extent and during the hours specified. A summary of the standard exceptions provided in this section is set forth in Table 8.13-2.

A. Construction. Except as otherwise provided in subsection B of this section, or by the planning commission or city council as part of the development review for the project, on any construction project on property within the city, construction, alteration, demolition, maintenance of construction equipment, deliveries of materials or equipment, or repair activities otherwise allowed under applicable law shall be allowed between the hours of seven a.m. (7:00 a.m.) and six p.m. (6:00 p.m.), Monday through Friday, and nine a.m. (9:00 a.m.) and six p.m. (6:00 p.m.) on Saturdays, provided that the noise level at any point outside of the property plane of the project shall not exceed ninety (90) dBA. All such activities shall be precluded on Sundays and holidays. Violation of the foregoing may subject the permittee to suspension of work by the chief building official for up to two (2) days per violation.

For any construction project involving the construction of one or more new buildings or residences within the city, or when required by the planning commission or city council as part of their development review for the property, the property owner or occupant shall post a sign at all entrances to the construction site upon commencement of construction, for the purpose of informing all contractors and subcontractors, their employees, agents, materialmen and all other persons at the construction site, of the basic requirements of this chapter.

1. Said sign(s) shall be posted in a conspicuous place visible from the public right-of-way near the entrance to the job site, at least five feet (5') above ground level, and shall be of a white background, with legible black lettering, which lettering shall be a minimum of one and one-half inches (1 1/2") in height.

2. Said sign shall read as follows (or as consistent with other hours approved by the planning commission or city council):

CONSTRUCTION HOURS (includes any and all deliveries)

NOISE LIMITS

Noise level at any point outside of the construction property plane shall not exceed ninety (90) dBA.

Violation of the construction hours and noise limits may be enforced as either an infraction or a misdemeanor punishable by fines or jail time or both, or by an administrative citation with a fine, or by a civil action with a monetary penalty, injunction and/or other remedies, as provided in Chapter 1.42 of this code. In addition, the chief building official may issue a stop work order requiring suspension of work for up to two (2) days per violation.

B. Residential Power Equipment and Construction Activities by Residential Property Owners. Residential power equipment, and construction activities undertaken by residential property owners to maintain or improve their property, shall be allowed between the hours of eight a.m. (8:00 a.m.) and eight p.m. (8:00 p.m.), Monday through Friday, and nine a.m. (9:00 a.m.) and six p.m. (6:00 p.m.) on Saturdays, Sundays and holidays, providing such equipment and/or activities do not produce a noise level that exceeds ninety (90) dBA beyond the property plane of the property on which the equipment is being used or the activity is occurring. For purposes of this subsection, "construction activities undertaken by the residential property owner" shall include work personally done by the property owner(s) and by a family member, friend or other persons assisting the property owner(s).

C. Sound Performances; Sound-Generating Devices. Notwithstanding anything in this chapter to the contrary, on public property or any other open area to which the public has access, whether publicly or privately owned, sound-generating devices or instruments used for any indoor or outdoor sound performances, athletic events, and special events shall be permitted, provided they do not exceed a noise level of eighty (80) dBA measured at a distance of not less than fifty feet (50') from the property plane or such other limit as may be established by any required approvals and permits therefor obtained from the appropriate governmental entity. Except pursuant to an approved special event, street closure or parade permit, the use of any sound-generating device or instrument for such performances or events between the hours of ten p.m. (10:00 p.m.) and ten a.m. (10:00 a.m.) is unlawful.

D. Refuse Collection. Refuse collection activities shall be permitted as specified in this section, provided they do not produce a noise level in excess of ninety-five (95) dBA measured at a distance of twenty-five feet (25') from the activity:

1. Residential or mixed-use property: between the hours of six a.m. (6:00 a.m.) and nine p.m. (9:00 p.m.), Monday through Saturday;

2. Industrial or commercial property: between the hours of four a.m. (4:00 a.m.) and nine p.m. (9:00 p.m.) daily.

TABLE 8.13-2 - STANDARD EXCEPTIONS TO GENERAL NOISE LIMITS

(Ord. 1838 § 7, 2005; Ord. 1789 § 3 (part), 2002).

A. In addition to the standard exceptions permitted pursuant to Section 8.13.050 of this chapter, the director of community development or his designee may grant a permit allowing an exception from any or all provisions of this chapter where the applicant can show that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this chapter would be impractical or unreasonable, or that no public detriment will result from the proposed exception. Any such permit shall be issued with appropriate conditions to minimize the public detriment caused by the permitted exceptions. Any such permit shall be of such duration, as approved by the director of community development or his designee, up to a maximum period of six (6) months, but shall be renewable upon a showing of good cause, and shall be conditioned by a schedule for compliance and details of methods therefor in appropriate cases. At the discretion of the director of community development or his designee, an exception permit may be issued and reissued for successive short periods of time in order to allow monitoring of the adverse noise impacts of the excepted activity, and additional conditions may be imposed upon reissuance of the permit, if the director of community development or his designee determines that such additional conditions are necessary to mitigate noise impacts from the excepted activity to a level he deems acceptable under all the circumstances.

B. Any application for an exception permit under this section shall be accompanied by a fee to be set by resolution of the city council.

C. Prior to granting any permit under this section, the director of community development or his designee shall provide at least ten (10) calendar days' written notice to all property owners within three hundred feet (300') of the property for which the application is made, and shall consider any objections to the granting of such permit received before issuance of the permit.

D. Any person aggrieved with the decision of the director of community development or his designee may appeal to the city council, by writing filed with the city clerk within five (5) business days after the date of such decision; however, such decision shall not stay the effective date of the permit.

(Ord. 1838 § 8, 2005; Ord. 1789 § 3 (part), 2002).

The following shall be exempt from the provisions of this chapter:

1. Aerial warning devices which are required by law to protect the health, safety and welfare of the community;

2. Emergency vehicle responses and all necessary equipment utilized for the purpose of responding to an emergency, or necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm;

3. Aviation, railroad, and public transit operations;

4. The operation of any municipal or public utility vehicles;

5. Public safety training exercises conducted between the hours of eight a.m. (8:00 a.m.) and eight p.m. (8:00 p.m.);

6. Uses established through any applicable discretionary review process containing specific noise conditions of approval and/or mitigation measures;

7. Work on capital improvements, or repairs on public property by employees or contractors of the city;

8. Vehicle noise subject to regulation under the California Vehicle Code;

9. Emergency repair work performed by, or at the request of, a property owner on his or her private property, where the delay required to obtain an exception permit under this chapter would result in substantial damage, personal injuries, or property loss to the owner, provided that such emergency work shall be subject to such reasonable conditions as may be imposed by authorized city employees to mitigate the noise level of the activity.

10. Portable generator used during emergencies or utility power outages per manufacturer's recommendations.

11. Stationary generator installed and used during emergencies, utility power outages or routine testing per manufacturer's recommendations. Routine testing for stationary generators shall be conducted between the hours of ten a.m. (10:00 a.m.) and four p.m. (4:00 p.m.).

(Ord. 1789 § 3 (part), 2002; Ord. No. 1977, div. 2, 11-18-2019)

Any violation of this chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the city under this code, or under state law.

(Ord. 1789 § 3 (part), 2002).