Sierra Madre Municipal Code Ch. 9.32 Noise

It is declared to be the policy of the city, in the exercise of its authority, that the peace, health, safety and welfare of the citizens of Sierra Madre require protection from excessive, unnecessary and unreasonable noises from all sources in the community. At certain levels, noises are detrimental to the health and welfare of the citizenry and it is therefore the intention of the city to control the adverse effect of such noises and sources on the citizenry, especially those conditions of use which have severe impact upon any person.

(Ord. 1012 § 2 (part), 1984: prior code § 5100)

For the purposes of this chapter, the words and phrases used in this chapter are defined as follows:

"A" level means the total sound level of all noise as measured with a sound level meter using the "A" weighting network. The unit is the dba.

Decibel. The decibel is a unit measure of sound (noise) level relative to a standard reference sound on a logarithmic scale. It 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 ten, of this ratio.

Decipherable. Sounds are "decipherable" if they are of sufficient level that words or musical tunes can be made out or recognized by a person of normal hearing.

"Emergencies" are essential activities necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm, or work by private or public utilities in restoring service.

"Holiday" means and includes New Year's Day (January 1), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Thanksgiving Day (the fourth Thursday in November), and Christmas Day (December 25).

"Leaf blower" means any portable machine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns or other surfaces.

"Local ambient" is the lowest sound level repeating itself during a two minute period as measured with a precision sound level meter, using slow response and "A" weighting as determined with the noise source at issue silent, and in the same location as the measurement of the noise level of the source or sources at issue. However, in no case shall the local ambient be considered or determined to be less than (1) 30 dba for interior noise in Section 9.32.040; (2) 40 dba in all other sections.

"Noise level" is the maximum continuous sound level of repetitive peak level produced by a source or group of sources as measured with a provision sound level meter using the "A" weighting scale and the meter response function set to "SLOW."

"Person" means a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.

Precision Sound Level Meter. A "precision sound level meter" is 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."

"Property plane" is a vertical plane including the property line which determines the property boundaries in space.

"Sound amplifying equipment" means any machine or device for the amplification of the human voice, music, or any other sound. "Sound amplifying equipment" shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

"Sound level" expressed in decibels (dba) is a logarithmic indication of the ratio between the acoustic energy present at a given location and the lowest amount of acoustic energy audible to sensitive human ears and weighted by frequency to account for characteristics of human hearing, as given in the American National Standards Institute Standard S1.1, "Acoustic Terminology," paragraph 2.9, or successor reference. All references to db in this chapter utilize the A-level weighting scale, abbreviated dba, measured as set forth in this section.

"Vehicle" is any device by which any person or property may be propelled, moved, or drawn upon a highway or street.

(Ord. 1012 § 2 (part), 1984: prior code § 5101)

(Ord. No. 1287, § 1, 2-24-09; Ord. No. 1295, §§ 1—3, 7-14-09)

(a) No person shall produce, suffer or allow to be produced by any machine or device, or any combination of same, on residential property, a noise level more than 6 dba above the local ambient at any point outside of the property plane.

(b) No person shall produce, suffer or allow to be produced by any machine, device, or any combination of same, on multi-residential property, a noise level which exceeds 6 dba above the local ambient three feet from any wall, floor, or ceiling inside any dwelling unit on the same property, open or closed doors or windows, except within the dwelling unit in which the noise source or sources may be located.

(Ord. 1012 § 2 (part), 1984: prior code § 5102)

No person shall produce, suffer or allow to be produced by any machine or device, or any combination of same, on commercial or industrial property, a noise level more than 8 dba above the local ambient at any point outside of the property plane.

(Ord. 1012 § 2 (part), 1984: prior code § 5103)

A. No person shall produce, suffer or allow to be produced by any machine or device, or any combination of same, on public property, a noise level more than 15 dba above the local ambient at a distance of twenty-five feet or more, unless otherwise provided in this chapter.

B. Performances using sound amplifying equipment and special events shall not exceed 60 dba measured at a distance of fifty feet from the source without an exemption issued by the city manager or his designee. These exemptions must consider the standards set forth in Sections 9.32.070 and 9.32.100. The exemption permit must be obtained in addition to any other permit or license.

C. Vehicle horns, or other devices primarily intended to create a loud noise for warning purposes, shall not be used when the vehicle is at rest, or when a situation endangering life, health, or property is not imminent, without a valid noise permit.

(Ord. 1185 § 2(part), 2000: Ord. 1012 § 2 (part), 1984: prior code § 5104)

A. Daytime Exceptions. Any noise source which does not produce a noise level exceeding 80 dba at a distance of twenty-five feet under its most noisy condition of use shall be exempt from the provisions of Sections 9.32.030, 9.32.040 and 9.32.050 between the hours of seven a.m. and nine p.m. daily except Sundays and holidays, when the exemption herein shall apply between ten a.m. and six p.m.

B. Emergencies. Emergencies are exempt from this chapter.

C. Construction. Notwithstanding any other provision of this chapter, including Section 9.32.100, between the hours of seven a.m. and seven p.m. daily, except Sundays and holidays when the exemption herein shall apply between ten a.m. and six p.m., construction, alteration or repair activities which are authorized by a valid city permit shall be allowed if the noise level at any point outside the property plane shall not exceed 85 dba.

D. Leaf blower. Notwithstanding any other provision of this chapter, including Section 9.32.100, no person shall operate a leaf blower within the city outside of the hours of eight a.m. to seven p.m., Monday through Saturday, and ten a.m. to six p.m., Sundays and holidays. The foregoing prohibition shall not apply within any commercial zone. Noise generated by leaf blowers within any commercial zone shall be regulated by other sections of this chapter.

(Ord. 1012 § 2 (part), 1984: prior code § 5105)

(Ord. No. 1287, § 2, 2-24-09; Ord. No. 1295, § 4, 7-14-09)

It is unlawful for any person to 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 streets, sidewalk or public place indicating the presence of a school, church, or hospital.

(Ord. 1012 § 2 (part), 1984: prior code § 5106)

It is unlawful for any person to operate any motor driven vehicle within the city in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance; provided, however, any such vehicle which is operated upon any public highway, street, or right-of-way shall be excluded from the provisions of this section.

(Ord. 1012 § 2 (part), 1984: prior code § 5107)

If the applicant can show to the city manager or his designee that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this chapter would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a portion of this chapter may be issued, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be of as short duration as possible up to three months, but renewable upon a showing of good cause, and shall be conditioned by a schedule for compliance and details of methods therefor in appropriate cases. Any person aggrieved with the decision of the city manager or his designee may appeal to the city council for final determination.

(Ord. 1185 § 2 (part), 2000: Ord. 1012 § 2 (part), 1984: prior code § 5108)

Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue, to cause to be made or continued, any loud, unnecessary, or unusual noise which unreasonably disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include the following:

A. The volume, pitch and intensity of the noise;

B. The duration and frequency of occurrence of the noise;

C. Whether the nature of the noise is typical or atypical of the area;

D. Whether the origin of the noise is natural or unnatural, controllable or uncontrollable;

E. The volume and intensity of the background noise;

F. The proximity of the noise to residential sleeping facilities;

G. The nature and zoning of the area within which the noise emanates;

H. The time of the day or night the noise occurs;

I. Whether the noise is recurrent, intermittent, or constant;

J. Whether the noise is produced by a commercial or noncommercial activity;

K. Whether the amplified sound is loud enough to be decipherable outside the property plane.

(Ord. 1012 § 2 (part), 1984: prior code § 5109)

Any persons violating without satisfactory cause any provisions of this chapter will be deemed guilty of a misdemeanor and, upon conviction, shall be fined an amount not exceeding one thousand dollars or be imprisoned in the city or county jail up to, but not exceeding six months or by both such fine and imprisonment. Each day such violation is committed or permitted is to constitute a separate offense and shall be punishable as such.

(Ord. 1012 § 2 (part), 1984: prior code § 5110)

As an additional remedy, 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. 1012 § 2 (part), 1984: prior code § 5111)