Selma Municipal Code Ch. 17 Noise Regulations

This chapter shall be known as the NOISE ORDINANCE OF THE CITY OF SELMA. (Ord. 840, 4-19-1982)

Unless the particular provisions or the context requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter, and except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in title I, chapter 3 of this code shall also govern the construction, meaning and application of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

AMBIENT NOISE: The all encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this chapter, "ambient noise level" is the level obtained when the noise level is averaged over a period of fifteen (15) minutes, without inclusion of the offending noise, at the location and time of day at which a comparison with the offending noise is to be made. Where the ambient noise level is less than that designated in this section, however, the noise level specified herein shall be deemed to be the ambient noise level for that location.

DECIBEL: A unit of sound level when the base of the logarithm is the tenth root of ten (10) and the quantities concerned are proportional to power.

EMERGENCY WORK: Work necessary to restore property to a safe condition following a public calamity, work required to repair structures or otherwise protect persons or property from an imminent exposure to danger or damage, or work by private or public utilities when restoring or repairing utility service.

FREQUENCY: "Frequency" of a function periodic in time means the reciprocal of the primitive period. The unit is the hertz and shall be specified.

HERTZ: The complete sequence of values of a periodic quantity which occurs during a period.

MICROBAR: A unit of pressure commonly used in acoustics and is equal to one dyne per square centimeter.

PERIOD: "Period" of a periodic quantity means the smallest increment of time for which the function repeats itself.

PERIODIC QUANTITY: Oscillating quantity, the values of which recur for equal increments of time.

SOUND LEVEL (Noise Level): In decibels (dB) is the sound pressure level as measured with the "A" weighting and slow response by a sound level meter.

SOUND LEVEL METER: An instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels which satisfies the pertinent specifications published by the American National Standards Institute, New York, New York, in "American Standard Sound Level Meters for Measurement of Noise and Other Sounds". S1.4-1971, or the most recent revision thereof.

MOTOR VEHICLES: Includes, but is not limited to, minibikes and go-carts.

SOUND AMPLIFYING EQUIPMENT: Any machine or device for the amplification of the human voice, music or any other sound. "Sound amplifying equipment" shall not include standard automobile radios or tape players when used and heard only by the occupants of the vehicle in which the automobile radio is installed. "Sound amplifying equipment", as used in this Chapter, shall not include warning devices or radios on authorized emergency vehicles, or horns or other warning devices on any vehicle, which are used only for traffic safety purposes.

SOUND TRUCK: Any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment.

Decibel measurement made pursuant to the provisions of this Chapter shall be based on a reference sound pressure of 0.0002 microbars as measured with a sound level meter using the "A" weighted network.

The following procedures shall be employed for monitoring and evaluating noise in the community unless otherwise specified in this Chapter:

(A) The evaluation shall be conducted anytime of the day or night when the offending noise source is being operated.

(B) For outside measurements, the location selected for monitoring shall be at a point at least ten feet (10') from any building, wall or obstruction (trees, bushes, etc.) whenever possible. In cases where no point on the property line satisfies this criteria, readings will be taken as far as possible from the nearest obstruction and such distance will be noted. For inside measurements, the monitoring location shall be at least three feet (3') from any wall.

(C) The sound level meter shall be equipped with an omnidirectional microphone.

(D) No individual other than the operator shall be within ten feet (10') of the sound level meter during the sample period.

(E) The ambient noise level shall be determined with the offending noise source not in operation, in the following manner:

1. Calibrate the sound level meter in accordance with the manufacturer's instructions.

2. Set the sound level meter on the "A" weighted network at slow response.

3. Without the offending noise source in operation, set the microphone in a vertical position on the complaint party's property with the microphone head approximately four feet (4') above the ground or floor. The operator shall face the noise source and record the meter's instantaneous response (reading) observed at fifteen (15) second intervals for a period of fifteen (15) minutes. The arithmetical average (mean) reading is interpreted as the ambient noise level of that sampling point.

(F) With the offending noise source in operation, the operator shall again record the instantaneous response at the same location at fifteen (15) second intervals for a fifteen (15) minute period, or for a noise source of less than fifteen (15) minutes, the operator shall record the instantaneous response at fifteen (15) second intervals for the time the offending noise source is in operation. The arithmetical average (mean) response level recorded while the offending noise source is in operation is interpreted as the offending noise level.

No person shall make, cause or suffer or permit to be made or caused upon any premises or upon any public street, sidewalk, alley or place within the City, any sound or noise which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing or working in the area, unless such noise or sound is specifically authorized by or in accordance with this Chapter. The provisions of this Section shall apply to, but shall not be limited to, the control, use and operation of the following noise sources:

(A) Radios, musical instruments, phonographs, television sets, tape decks or other machines or devices used for the amplification, production or reproduction of sound or the human voice.

(B) Animals or fowl creating, generating or emitting any cry or behavioral sound.

(C) Machinery or equipment, such as fans, pumps, air conditioning units, engines, turbines, compressors, generators, motors or similar devices, equipment or apparatus.

(D) Construction equipment or work, including the operation, use or employment of pile drivers, hammers, saws, drills, derricks, hoists or similar construction equipment or tools.

Any noise or sound exceeding the ambient noise level at the property line of any person offended thereby, or, if a condominium or apartment house, within any adjoining living unit, by more than five (5) decibels shall be deemed to be prima facie evidence of a violation of Section 6-17-5.

No person shall create any noise on any street, sidewalk or public place adjacent to any school, institution of learning or church while the same is in use, or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such street, sidewalk or public place indicating the presence of a school, church or hospital.

No person, other than personnel of law enforcement or governmental agencies, shall install, use or operate within the City a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures or transmitting music to any person or assemblages of persons in or upon any street, alley, sidewalk, park or other public property without first filing an application statement and obtaining approval thereof as set forth in this Section.

(A) Application Statements; Filing: Every user of such sound amplifying equipment shall file an application statement with the Police Chief five (5) days prior to the date on which the sound amplifying equipment is intended to be used, which statement shall contain the following information:

1. The name, address and telephone number of both the owner and user of the sound amplifying equipment;

2. The maximum sound producing power of the sound amplifying equipment which shall include the wattage to be used, the volume in decibels of sound which will be produced, and the approximate distance for which sound will be audible from the sound amplifying equipment;

• 3. The license and motor number if a sound truck is to be used;
• 4. A general description of the sound amplifying equipment which is to be used;
• 5. The dates and times such equipment is intended to be used;
• 6. A statement as to the purpose for which the sound amplifying equipment is to be used.

(B) Application Statements; Approval: The Police Chief shall return to the applicant within five (5) working days an approved copy of the application statement unless he finds that:

1. Use of the equipment would constitute a detriment to traffic or pedestrian safety; or

2. The application statement required reveals that the applicant would violate any provisions of this Chapter or City Code.

(C) Disapproval: In the event the application statement is disapproved, the Police Chief shall endorse upon the statement his reasons for disapproval and return it forthwith to applicant.

(D) Revocation or Suspension: Any application statement approved hereunder shall be revocable and may be revoked by the Police Chief when a fact is found to exist which would have been a ground for refusal to approve same or when there has been a violation of any of the terms of this Chapter. Said statement may be reinstated by the Police Chief upon terms or conditions reasonably calculated to alleviate the dereliction.

(E) Appeal: Any person aggrieved by any action of the Police Chief regarding an application statement may appeal such decision to the Council by filing a written appeal within ten (10) days with the City Clerk, who shall deliver a copy thereof to the Police Chief and set the matter for public hearing. The hearing shall be formal, except that the formal rules of evidence shall not apply. The Council may continue the hearing from time to time and shall render its decision within three (3) days after the close thereof. The Council may:

• 1. Reinstate or approve the application statement;
• 2. Delete, alter or improve any term or condition reasonably calculated to alleviate any dereliction; or
• 3. Revoke the approval of the application statement.

(F) Regulations: The commercial and noncommercial use of such sound amplifying equipment shall be subject to the following regulations:

1. The only sound permitted shall be either music or human speech, or both.

2. The operation of such sound amplifying equipment shall only occur between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. each day.

3. No sound emanating from such sound amplifying equipment shall exceed fifteen (15) decibels above the ambient noise as measured at any property line.

4. Notwithstanding the provisions of paragraph 3 of this subsection, such sound amplifying equipment shall not be operated within two hundred feet (200') of churches, schools or hospitals.

5. In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing or cause annoyance or discomfort to reasonable persons of normal sensitiveness within the area of audibility.

(G) Duration of Application Statement: Application statements approved pursuant to this Section shall be valid for the period specified thereon by the Police Chief, which period shall not exceed one year. Statements approved hereunder for a full year shall be automatically renewed from year to year without further application or filing; provided, that the Police Chief may fix an earlier termination date for any such statement at any time following the initial renewal thereof, whenever he deems it in the public interest to do so, by mailing, at least five (5) days prior to the date so fixed, a written notice of such fact to the applicant at the address shown in his application.

(H) Any application statement requesting approval for the use of a loudspeaker or sound amplifying equipment in any City park, shall be filed with and approved by the Director of Recreation, rather than the Police Chief. In all other respects, the procedures set forth in this Section shall be followed. The Director of Recreation shall notify the Police Chief of each such application statement he approves.

(A) The provisions of this Chapter shall not apply to:

1. Construction, repair or remodeling work accomplished pursuant to a building, electrical, plumbing, mechanical or other construction permit issued by the City or other governmental agency, or to site preparation and grading, provided such work takes place between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. on any day.

2. Emergency work.

3. Any act or acts which are prohibited by any law of the State of California or the United States.

(B) Machinery and equipment installed in or affixed to realty on the effective date of this Chapter and having a fair market value of five hundred dollars ($500.00) or less on said date need not be brought into conformity herewith until __________. All other machinery and equipment installed in or affixed to realty on the effective date of this Chapter need not be brought into conformity herewith until _____________.

A permit may be issued authorizing noises prohibited by this Chapter whenever it is found that the public interest will be served thereby or that extreme hardship will result from the strict enforcement hereof, as follows:

(A) Application for Permit: Application for permits shall be in writing, and shall contain the following information:

1. The name, address and telephone number of the applicant.

2. A general description of the equipment, apparatus, or other sound sources to be utilized, and the area in which it will be utilized.

3. An estimate of the maximum sound level which will be generated by the equipment, apparatus or sound source to be utilized and the basis for such estimate.

4. The inclusive dates and times between which the sound will be generated.

5. Facts showing that the public interest will be served by the issuance of such permit or that extreme hardship will accrue to the applicant if such permit does not issue.

(B) Criteria: Applications shall be filed with the city administrator, who shall approve or disapprove same within five (5) working days of the date of filing. The criteria which shall be considered by the city administrator in determining whether the requested permit shall be issued will include, but not be limited to, the following:

• 1. The level of the noise for which the permit is sought.
• 2. The ambient noise level in the vicinity where the sound source will be utilized.
• 3. The proximity of the noise to residential sleeping facilities.
• 4. The nature and zoning of the area within which the noise will emanate.
• 5. The density of the inhabitation of the area within which the noise will emanate.
• 6. The time of day or night the noise will occur.
• 7. The duration of the noise.
• 8. Whether the noise will be recurrent, intermittent or constant.

(C) Issuance Of Permit: The city administrator shall issue the requested permit unless he finds, considering the aforementioned criteria, that the public interest will suffer thereby and that such public detriment exceeds the hardship to be suffered by the applicant if the permit is not issued. In the event the city administrator disapproves the application, he shall return same to the applicant with a statement of the reasons for such action.

In approving a permit hereunder, the city administrator may impose such conditions as he deems necessary to protect the public interest.

(D) Revocation Or Suspension: Any permit issued hereunder shall be revocable and may be revoked by the city administrator when a fact is found to exist which would have been a ground for refusal to approve same or when there has been a violation of any of the terms or conditions thereof.

(E) Appeal: Any person aggrieved by any action of the city administrator denying, revoking or imposing any condition on a permit may appeal such decision to the city council by filing a written appeal within ten (10) days of such action with the city clerk. When a proper appeal has been filed, the decision of the city administrator shall be set aside and a hearing shall be set before the council, noticed, and held, all in accordance with the rules of a public hearing. The council may continue the hearing from time to time and shall render its decision within three (3) days after the close thereof. The council may:

1. Direct the issuance of the permit;

2. Delete, alter or impose any term or condition on the permit reasonably calculated to alleviate any dereliction or protect the public interest; or

3. Uphold the denial of the permit. (Ord. 840, 4-19-1982)

In addition to other remedies provided by law, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this chapter, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area, shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. (Ord. 840, 4-19-1982)