Santa Paula Municipal Code Ch. 93 Noise

Section

General Provisions

Sound Level Limits

Second Responses

Statutory reference:

Noise Control Act, see Cal. Health & Safety Code §§ 46000 et seq.

GENERAL PROVISIONS

This chapter is adopted in accordance with California Constitution Art. XI, § 7 for the purpose of regulating noise, and sources of noise, which jeopardizes public health and welfare. These regulations are intended to implement objective criteria for protecting the community's well-being and tranquility. This chapter also establishes standards and controls over events on private property which create noise, or other disturbances, and require more than one police response in order to remove the source of noise or other disturbance including, without limitation, dispersing event participants.

(Ord. 1109, passed 6-21-04)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter:

A-WEIGHTING means a filter network designed to transform a frequency spectrum to that which is heard by the human ear.

AMBIENT NOISE means the composite of all noises constituting the normal or existing level of environmental noise at a given location.

CONSTRUCTION ACTIVITIES means the grading, demolition, alteration, repair or remodeling of existing structures and construction of new structures including the use of power equipment in connection with activities. CONSTRUCTION ACTIVITIES does not include radios or other forms of amplified music on a construction site.

DAYTIME means a time period between 7:00 a.m. and 10:00 p.m.

DECIBEL or its symbol of measurement (dB) means a unit for measuring the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals.

DELIVERY means the delivery or pickup or the arrival for delivery or pickup of goods, wares and merchandise by the use of a motorized vehicle, other than an automobile or train.

EQUIVALENT-ENERGY LEVEL (Leq) means the level of a steady-state noise that has the same sound energy as a given time-varying noise.

EVENT means a party, gathering or assemblage.

HOLIDAYS means New Years Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving, and Christmas Day.

HOST means any person conducting and/or permitting an event including, without limitation:

(1) Owner(s) and/or lessee(s) of the property where an event is being given;

(2) Person(s) hosting an event;

(3) Person(s) receiving money or other consideration for granting access to an event;

(4) Person(s) serving, furnishing, or making available alcoholic beverages at an event;

(5) Parent(s) or legal guardian(s) of a minor who is also a host.

IMPULSIVE SOUND means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of IMPULSIVE SOUNDS include explosions and firearm discharge.

MOTOR VEHICLES means any and all self- propelled vehicles as defined in the Cal. Veh. Code.

MULTI-FAMILY DWELLING means any housing unit where two or more dwellings are separated by a common wall, floor, or ceiling, including, without limitation, apartments, condominiums and townhouses.

NIGHTTIME means the time period between 10:00 p.m. and 7:00 a.m.

NOISE DISTURBANCE means any loud, raucous, annoying, or unusual noises that offend the peace and quiet of persons of ordinary sensibilities and interferes with the comfortable enjoyment of life or property and affects at the same time an entire neighborhood or any considerable number of persons. A NOISE DISTURBANCE includes, without limitation, any source of sound exceeding the sound level limitations established by this chapter.

NOISE LEVEL means the amplitude of sound pressure referenced to 20 micropascals, measured in decibels.

NOISE LEVEL MEASUREMENT means the procedure of measuring sound consisting of the usage of a Precision Sound Level Meter (SLM) set to "fast" response. If the Sound Level Meter is analog with a VU meter, then the response must be "slow" unless the noise issue is impulsive. The meter must be calibrated before any measurements and the microphone must be a minimum of 3-1/2 feet from any wall, floor or other large sound reflecting surface. The meter must be protected from wind or other extraneous noise by the use of screens, shields or other appropriate devices.

POLICE OFFICER means a sworn peace officer.

POWERED EQUIPMENT means a motorized device powered by electricity or fuel used for construction, demolition and property or landscape maintenance or repairs. POWERED EQUIPMENT includes, without limitation, lawn mowers, saws, generators, blowers, wood chippers, drills and nail guns.

PRECISION SOUND LEVEL METER means a sound pressure level measuring instrument which conforms to the American National Standards Institute (ANSI) specification S1.4 for Type 1 or Type 2 measuring instruments.

RESIDENTIAL PROPERTY means any property legally used for a single family or multi- family dwelling.

SOUND-AMPLIFYING EQUIPMENT means any machine or equipment or device for the amplification of the human voice, music or any other sound. SOUND-AMPLIFYING EQUIPMENT does not include automobile radios regulated by the Cal. Veh. Code, warning devices on authorized emergency vehicles, horns, or other warning devices on vehicles used for traffic safety purposes.

SOURCES OF SOUND includes, without limitation, amplified music, radios, televisions, musical instruments, toys or models, industrial machinery, construction equipment, animals, human voices, electrical appliances, or motor vehicles.

WORK PERSONALLY DONE BY RESIDENT OR PROPERTY OWNER means work undertaken by the property owner/resident and that person's family or acquaintances.

(Ord. 1109, passed 6-21-04)

The City Manager, or designee, will receive applications, issue and revoke temporary noise permits, and otherwise implement this chapter.

(Ord. 1109, passed 6-21-04)

It is unlawful for any person to allow, maintain, or cause any noise disturbance.

(Ord. 1109, passed 6-21-04)

The following are not noise disturbances for purposes of this chapter:

(A) Sound generated by motor vehicles. Sound generated by motor vehicles, trucks and buses operated on streets and highways, aircraft, trains, and other public transport. This exemption does not apply to the following:

(1) Operation of any vehicle, including any equipment attached to any vehicle (such as attached refrigeration and/or heating units or any attached auxiliary equipment), for a period in excess of ten minutes in any hour while the vehicle is stationary for reasons other than traffic congestion.

(2) No person must operate or drive any vehicle or cause any vehicle to be operated or driven, or otherwise used, on any public street, which vehicle is equipped with a sound amplifying device or other machine or device for the production or reproduction of sound, which causes sound to carry onto private property or causes sound to be heard by others using the public streets or thoroughfares which exceeds the sound level limits established by this chapter.

(B) Emergencies. Emergency repairs that deal with health or safety risk and emergency generators or powered equipment used during a power outage or other emergency.

(C) Emergency warning devices. Emergency warning devices such as fire alarms, burglar alarms, warning devices on emergency vehicles and train horns. This exemption does not apply to burglar or fire alarms or any motor vehicle burglar alarms, except for emergency purposes, unless such alarm is terminated within ten minutes of activation and no more than two false activations within a four hour period.

(D) Public works projects. Public works projects performed by public agencies, or their contractors, which cannot be performed from 7 a.m. to 6 p.m. Monday through Friday.

(E) Special events. Any event or use allowed by a special event permit issued pursuant to this Code that specifically allows noise levels to be exceeded.

(F) Use permits. Any use allowed by a use permit issued pursuant to this code that specifically allows sound level limits to be exceeded.

(G) Athletic fields, playgrounds, parks, public tennis courts, public recreation facilities. From 7 a.m. to 10 p.m., any organized athletic events or activities occurring on athletic fields, playgrounds, parks, tennis courts or other public recreation facilities owned or operated by a school district, the city, or the county, provided no amplified music or sound system is utilized.

(Ord. 1109, passed 6-21-04)

If an applicant can demonstrate that a diligent investigation of available noise abatement techniques indicates that compliance with this chapter would be impractical or unreasonable, the City Manager, or designee, may issue a permit to allow an exemption from this chapter with appropriate conditions. Any such permit must be of as short duration as possible not to exceed three months.

(Ord. 1109, passed 6-21-04)

SOUND LEVEL LIMITS

Except as otherwise permitted in this Code, any source of sound exceeding the sound level limits set forth in this chapter constitutes a noise disturbance. For purposes of determining sound levels from any source of sound, sound level measurements must be made at a point on the receiving property nearest where the sound source at issue generates the highest sound level. Sound level measurements must be made with a precision Sound Level Meter (Type 1 or 2) set to A-weighting, and "fast" response for fluctuating sound. Slow or fast response may be used for continual sources. For repetitive, impulsive sound, the 1 second rms maximum level (Lmax) must be used. For continuous sound, use the average level or Leq. In multi-family residential structures, the microphone must be placed no closer than 3-1/2 feet from the wall through which the source of sound at issue is transmitting. The microphone must also be placed 5 feet above the floor regardless of whether the source of sound at issue transmits through the floor, ceiling or wall.

(Ord. 1109, passed 6-21-04)

It is unlawful for a source of sound to exceed the following sound level limits:

(Ord. 1109, passed 6-21-04)

Should an alleged noise disturbance contain a steady, audible tone, such as a whine, screech, beating, pulsating, throbbing, or hum, the sound level limits set forth in this chapter will be reduced by five dB for purposes of determining whether a violation exists.

(Ord. 1109, passed 6-21-04)

The following are not subject to the sound level limits established by this chapter but must comply with the conditions set forth in this section:

(A) Construction activities. Construction activities between 8:00 a.m. and 6:00 p.m. Monday through Friday. Persons responsible for such construction activities, for example and without limitation, the general contractor or property owner, must post notice at all entrances to the construction site listing the noise limitations on construction set forth in this chapter. Such notice must be titled in letters at least one inch in height and be placed at least five feet above ground level.

(B) Residents/property owners personally undertaking construction activities to maintain or improve their property on Saturdays, Sundays, or holidays between the hours of 9:00 a.m. and 5:00 p.m.

(C) Powered equipment. Powered equipment used on a temporary, occasional or infrequent basis operated between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday. No piece of equipment may generate noise in excess of 5 dBA at 50 feet.

(D) Residents/property owners personally using powered equipment to maintain their property and/or residence on Saturdays, Sundays or holidays between the hours of 9:00 a.m. and 5:00 p.m. No piece of equipment must generate noise in excess of 85 dBA at 50 feet.

(E) Deliveries. Deliveries to food retailers and restaurants.

(F) Deliveries to other commercial and industrial businesses between 7:00 a.m. and 6:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. Saturdays, Sundays and holidays.

(G) Occasional social gatherings. Occasional social gatherings between 11:00 a.m. and 12:00 a.m., provided the noise level for the occasional social gathering measured from any adjacent residential property does not exceed 65 dBA.

(H) Animals. Sounds from animals or birds unless such animal or bird howls, barks, meows, squawks, or makes other noises continuously and/or incessantly for a period of five minutes or intermittently for one-half hour. For the purposes of this section, the animal or bird noise is not a noise disturbance if a person is trespassing or threatening to trespass upon private property in or upon which the animal or bird is situated or if the noise is for any other legitimate cause, such as someone teasing or provoking the animal or bird.

(Ord. 1109, passed 6-21-04)

SECOND RESPONSES

(A) When police officers respond to a noise, or other, disturbance complaint where the noise source is an event, the police officers may, but are not required to, issue written notice to the host stating as follows:

(1) If police officers are required to return to the same event within the following 12-hour period in response to a complaint involving a noise, or other, disturbance resulting from the event; or

(2) If police officers are required to return to the same property hosting an event a total of three times or more within a six-month period in response to a complaint involving a noise, or other, disturbance resulting from an event involving the same host; and

(3) The responding police officers determine there is a threat to public peace, health, safety or general welfare including, without limitation, a violation of this chapter; then

(4) Such additional responses by police officers will constitute special police services the cost of which must be paid by the host. Any such costs will become the host's personal obligation and be a debt to the city.

(B) Notices issued pursuant to this section must be signed by the host which acknowledges receipt of the warning and a signed copy will be left with the host. If a second or subsequent response is required, police officers must have the available host sign a "second response" voucher acknowledging the special police services and additional vouchers for any further responses.

(Ord. 1109, passed 6-21-04)

If no host is available on the premises when the police are present, or the host refuses to sign receipt of the notice, a copy of the notice must be posted in a conspicuous place on the premises on each occasion the police respond.

(Ord. 1109, passed 6-21-04)

Utilization of police personnel during any response after the first warning to any event where the responding officers determine there is a threat to the public peace, health, safety or general welfare is a special police service over and above the services generally provided for law enforcement services within the city's jurisdiction. The cost of this special police service includes, without limitation, damages to city property and/or injuries to city personnel.

(Ord. 1109, passed 6-21-04)

(A) All fees and charges levied for special police services are due and payable upon presentation.

(B) All fees and charges for special police services constitute a valid debt to the city and against the host or, if the host is a minor, the host's parents and guardians. If any amount remains unpaid after reasonable and practical attempts have been made by the city to obtain payment, the city manager, or designee, is authorized to take all legal and practicable collection efforts to recover the outstanding debt, together with any penalties, any related charges and fees accrued due to nonpayment and all fees and charges required to file and pursue such civil action including, without limitation, attorney's fees.

(C) Fees and charges to be levied for recovering city costs for notification and collection of delinquent accounts will be established by City Council resolution. Such fees and charges are part of fees and charges established for the special police services rendered.

(Ord. 1109, passed 6-21-04)