Scotts Valley Municipal Code Ch. 5.17 Noise Restrictions

The city council finds and declares as follows:

A. That the making, creation or maintenance of loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural 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; and

B. That the necessity in the public interest for the provisions and prohibitions set forth in this chapter is declared as a matter of legislative determination and public policy, and it is further declared that the provisions of this chapter are in pursuance of, and for the purpose of, securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city and its inhabitants.

(Ord. 167 § 1(part), 1998)

The following words, when used in this chapter, shall have the meaning ascribed to them in this section.

A. "Chief" is the chief of police of the city of Scotts Valley, or his designee.

B. "Offensive noise" means any sound or vibration caused by sound which occurs with such intensity, frequency or in such a manner as to annoy, disturb, injure or endanger the comfort, health, repose, peace or safety of other persons within the city, and includes, but is not limited to, noise produced by pets and livestock, by an individual alone or by a group of people engaged in any business, meeting, gathering, game, dance, or amusement, or by industrial equipment, construction, motor vehicles, home appliances, electrical motors, combustion engines and any other noise-producing objects.

C. "Lawfully conducted activities" means any and all activities conducted by the city for public health, safety or welfare reasons.

(Ord. 167 § 1(part), 1998; Ord. 180, § 1, 11-19-2008)

A. The proper use of a siren or other alarm by a police, fire or authorized emergency vehicle as defined in the California Vehicle Code. Likewise, any stationary fire alarm operated by the fire district of the city is exempt from the provisions of this chapter;

B. The proper use of emergency generators by any privately owned service facility, up to a maximum of 75 dbA measured at the property line, necessary to maintain service essential to the public health, safety or welfare;

1. Noise generated by city-permitted construction activities occurring during authorized construction hours as set forth elsewhere in this Code.

(Ord. 167 § 1(part), 1998; Ord. 174, § 1(part), 2-4-2004)

A. No person shall make, cause, suffer or permit to be made any offensive noises which disturb or annoy people of ordinary sensitiveness or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to cause physical discomfort to any person, and which are not necessary in connection with any lawfully conducted activities.

B. No person shall, between the hours of ten p.m. and eight a.m., make, cause, suffer or permit to be made any offensive noise within the vicinity of any building or place regularly used for sleeping purposes.

C. Except as provided hereinafter, a violation of this chapter shall be an infraction. Any person who violates any section of this Chapter and is cited for such a violation, and who within forty-eight hours after receiving such a citation again violates the same section, shall be guilty of a misdemeanor. A person is cited for a violation when he or she is issued and signs an infraction or misdemeanor citation, or when he or she is arrested and booked, or when a complaint is filed and the person is notified of the filing of such a complaint.

(Ord. 167 § 1(part), 1998)

The provisions of this chapter are enforceable without reference to any other regulations concerning noise set forth in this Code and the fact that the city officer issuing a citation has not obtained a scientific noise measurement prior to issuing the citation shall not constitute a defense.

(Ord. 167 § 1(part), 1998)

Editor's note— Ord. 180, § 1, adopted Nov. 19, 2008, repealed § 5.17.060, which pertained to police response to loud or unruly gatherings and derived from Ord. 167, § 1 (part), adopted 1998. The user's attention is directed to Ch. 9.20.

Editor's note— Ord. 180, § 1, adopted Nov. 19, 2008, repealed § 5.17.070, which pertained to cost recovery for police services and derived from Ord. 167, § 1 (part), adopted 1998. The user's attention is directed to Ch. 9.20.

Editor's note— Ord. 180, § 1, adopted Nov. 19, 2008, repealed § 5.17.080, which pertained to billing and collection and derived from Ord. 167, § 1 (part), adopted 1998. The user's attention is directed to Ch. 9.20.

No person shall use or cause to be used at any place in the city whether on public property or private property any sound-amplifying device or equipment without first having secured a permit to do so from the city.

A. Application for Permit. Any person desiring to obtain an amplification permit shall submit a written application to the city. The application shall describe in detail the activity proposed to be conducted for which the sound amplification permit is requested, shall describe the amplification equipment or devices to be used, shall set forth the steps that the applicant will take to insure that the sound amplification will not unreasonably disturb other people within the vicinity, shall describe the location where the sound amplification is to take place, shall describe the neighborhood surrounding the location where the sound amplification is to take place, shall include the name of the person who shall be responsible for monitoring and insuring compliance with the terms of any permit that is granted, and shall include such other information as the city may require.

B. Granting or Denial of Permit. The chief may conditionally grant the sound amplification permit only if (i) he/she determines that the sound amplification will be conducted in such a manner as not to unreasonably disturb neighbors or other persons in the vicinity of the sound amplification, and (ii) that if actually implemented, the steps to be taken by the applicant to minimize or avoid such disturbances will be adequate. In making the determination whether to grant the permit, the chief may impose such conditions as may be appropriate or necessary in order to protect the public peace and safety.

C. Revocation of Permit. Any permit granted pursuant to this section shall be revocable at any time by the chief for a violation of the conditions of the permit or a violation of this chapter.

D. Appeal. Any person aggrieved by any decision rendered by the chief pursuant to this chapter, shall have the right to appeal the decision to the city council.

(Ord. 167 § 1(part), 1998)

The sound amplifier permit required by this chapter shall not be required for sound amplifying equipment or devices under the following circumstances:

A. Sound-amplification equipment or devices used on privately owned property, whether indoors or outdoors, where the sound produced does not carry beyond the property line or does not unreasonably disturb the person outside the property where the sound is generated;

B. Sound-amplification equipment or devices used in conformity with an entertainment permit issued by the city;

C. Radios, record players, televisions and tape players wherever used, when the volume does not exceed the level of normal conversational speech;

D. Sound-amplification equipment or devices used on emergency vehicles or by government employees in connection with any activity undertaken for the protection of the public welfare or safety;

E. When a permit has been issued by the city for sound amplification in a city park.

(Ord. 167 § 1(part), 1998)

Any person who uses or causes to be used any sound-amplifying equipment or device in violation of the provisions of this chapter, whether by failing to obtain a permit when required or by failing to comply with the terms and conditions of a permit when issued, is guilty of an infraction.

(Ord. 167 § 1(part), 1998)