South Pasadena Municipal Code Art. 6 General Noise

19A.22 Findings.

In enacting the following Code section, the city council finds and determines that as explicit a demarcation as possible should be drawn between unnecessary and disturbing noises on the one hand and customary and to be tolerated noises on the other; that the dividing line between these two must of necessity be somewhat amorphous depending upon facts and circumstances, and in a sense may involve a balancing of community benefits and burdens; that as urban life increases and congestion occurs, the populace must of necessity endure increased levels of noise, but by the same token, no one should have to endure either denial of reasonable repose and quiet or unnecessary depreciation of property values because of unreasonable noises, and the final test is perhaps not susceptible of rigid definition, but instead may only be circumscribed by applicable circumstances, this in turn, involving a balancing of individual convenience as opposed to community rights. (Ord. No. 1582.)

19A.23 Noise, prohibition of.

(a) It is unlawful for any person within the city to make, continue or cause to be made or continued, or suffer or permit to be made, or continued, any noise of such loud, unusual, unnecessary, penetrating, raucous or boisterous nature or intensity as to unreasonably disturb, annoy, injure, interfere with, or endanger, the comfort, repose, health, peace, safety or welfare, of a person of normal sensitivity residing in the area.

(b) The standards which shall be considered and objectively applied in determining whether a violation of this section has occurred or is occurring shall include:

(1) The volume of the noise;
(2) The pitch of the noise;
(3) The intensity of the noise;
(4) The duration of the noise;
(5) The frequency of the noise;
(6) The wave length or octave band of the noise;
(7) Whether the noise is typical or atypical of the area;
(8) Whether the origin of the noise is natural or unnatural; controllable or uncontrollable;
(9) The relation of the intensity of the noise to the background or ambient volume;
(10) The proximity of the source of the noise to other persons or properties;
(11) The proximity of the source of the noise to residential facilities;
(12) The nature and zoning of the area within which the noise emanates and to which it projects;
(13) The density of the habitation of the area of the noise;
(14) The time of day or night during which the noise occurs;
(15) Whether the noise is recurrent, intermittent or constant;
(16) Whether the noise is produced by commercial or noncommercial activities;
(17) Whether the noise is artificially or electronically amplified;

(18) Whether the source of the noise could easily be relocated, muffled or modified without expense or loss of convenience or effect, so as to reduce its intensity with regard to adjoining properties;

(19) Whether the noise depreciates the values of other properties in the area; and

(20) Whether the noise is a mere convenience to the person responsible therefor without apparent social value, as opposed to a noise relating to a reasonable use of his property or the exercise of constitutional rights. (Ord. No. 1582.)

19A.24 Railroad crossings.

On or after December 1, 1976, it is unlawful and a public nuisance for any railroad to operate a train through or across a public street unless protected by flashing lights and automatic safety gates, or separated by over or underpass. (Ord. No. 1713, § 2; Ord. No. 2121, § 2; Ord. No. 2134, § 1.)

19A.25 Repealed by Ordinance No. 2134.

19A.25B Repealed by Ordinance No. 2134.

19A.26 Loud or unruly gatherings.

(a) For purposes of this section, the words and phrases used in this section are defined as follows:

(1) “Loud or unruly gathering” means a gathering of two or more persons for a social occasion or any other activity at any residential unit or its curtilage during which loud or unruly conduct occurs that constitutes a violation of the California Penal Code or is otherwise a threat to the public peace, health, safety, or welfare, including, without limitation, any or all of the following:

(A) Loud noise or music from any source within the residential unit or its curtilage that interferes with the quiet enjoyment of residential property;

(B) Obstruction of a street or other public right-of-way, or a portion thereof, with vehicles or pedestrians;
(C) Public intoxication or drinking in public;
(D) The service of alcohol to minors;
(E) Possession and/or consumption of alcohol, marijuana, or narcotics by minors;
(F) Assaults, batteries, fights, domestic violence or other disturbances of the peace;
(G) Vandalism or destruction of real or personal property;
(H) Littering of any trash, debris, bottles, cans or other items of personal property on real property or on a public right-of-way;
(I) Urinating, vomiting, or defecating in public; or

(J) Other disturbances of the peace, including, but not limited to, throwing objects or spraying liquids into the public right-of-way, sidewalks or alleys, or other conduct that constitutes a threat to public health, safety, or quiet enjoyment of residential property or public property.

(2) “Minor” means any person under the age of 18 years.

(3) “Owner” means any person(s), including any individual, firm, association, organization, partnership, trust, business, corporation, company or other entity, who owns the residential unit where a loud or unruly gathering occurs, as shown on Los Angeles County’s last equalized property tax assessment roll, or the supplemental roll, whichever is more current.

(4) “Residential unit” means any “dwelling unit,” as defined in SPMC 36.700.020(D), and each unit of all “multi-family dwellings,” as defined in SPMC 36.700.020(M). A “residential unit” also includes: (A) any other buildings, structures, and improvements on the premises, as well as balconies, decks, patios, yards, and all other interior and exterior areas; and (B) common use or other areas of multi-family dwellings. “Residential unit” does not include any room or unit of a hotel or motel.

(5) “Responsible person” means and includes, without limitation, any person(s), individual, firm, association, organization, partnership, trust, business, corporation, company, or other entity:

(A) Who is the owner or who rents, leases, uses or otherwise is in charge of the residential unit, regardless of whether such residential unit is rented, leased or used with or without compensation, where a loud or unruly gathering occurs; or

(B) Who organizes, promotes, or sponsors a gathering that becomes loud or unruly; or
(C) Receives money, compensation, or consideration for granting access to a residential unit where a loud or unruly gathering occurs.

If the “responsible person” is a minor, then the parent(s) or guardian(s) of such minor shall also be considered a “responsible person.”

(b) Loud or Unruly Gatherings Prohibited. Loud or unruly gatherings are unlawful and prohibited at any residential unit within the city and shall constitute a public nuisance subjecting the owner and/or responsible person to fines and/or penalties under this section. The city may abate a loud or unruly gathering by all available means, including, without limitation: (1) an order from a peace officer to the responsible person(s) to immediately terminate the loud or unruly gathering; and/or (2) an order of a peace officer to all nonresident persons at a gathering to immediately leave the premises. It shall be unlawful and a violation of this section for any person to fail to comply with an order of a peace officer that is issued in connection with a loud or unruly gathering. The abatement of a loud or unruly gathering by peace officers shall not preclude the city from exercising other remedies against persons who violate this section, including without limitation, the issuance of administrative or criminal citations.

(1) When a peace officer responds to a complaint involving a loud or unruly gathering, or otherwise intervenes, by issuing one or more of the orders stated in subsection (b) of this section at a loud or unruly gathering, the responding officer(s) shall issue a written notice to the responsible person and/or owner if such person is available on the premises of the residential unit, warning and stating that such responsible person and/or owner will be held liable for the costs of providing police personnel over and above the normal services provided by the police department to those premises (i.e., special police services). This first warning shall be deemed to be the

normal services provided. Further, the notice provided shall also state that if a subsequent police response(s) is necessary to address the same or another violation of this section at the same residential unit within one year after issuance of said notice, the responsible person(s) and/or owner shall be jointly and severally liable for the costs of each subsequent police response, including the costs of any law enforcement personnel from other jurisdictions, necessary to abate the condition, as set forth in subsection (h) of this section.

(2) The notice shall be signed by the responsible person and/or owner, acknowledging receipt of the warning, and a signed copy of the notice shall be left with the responsible person and/or owner. If a second or any subsequent response is required, police department personnel shall have the available responsible person and/or owner sign a “second response” notice, acknowledging the occurrence of the second response, and any subsequent additional notice for each response thereafter.

(d) Notice of Unlawful Loud or Unruly Gathering. When police department personnel become aware of any scheduled gathering which would be unlawful under this section, peace officers may issue a written notice to a responsible person describing the unlawful nature of the party. The notice provided shall state that if police department personnel are required to thereafter respond to the scheduled gathering, such response shall constitute special police services. The notice shall state the responsible person and/or owner will be assessed for the costs of each subsequent police response, including the costs of any law enforcement personnel from other jurisdictions, necessary to abate the condition, as set forth in subsection (h) of this section.

(e) Notice—Signature Unavailable. If no responsible person and/or owner is available at the residential unit to sign receipt of the notice described in subsections (c) and/or (d) (collectively “notice”) when the police are present, or the responsible person and/or owner refuses to sign receipt of the notice, a copy of the notice shall be posted in a conspicuous place at the residential unit on each occasion the police provides notice. A refusal by a responsible person and/or owner at the residential unit to sign a receipt of the warning or any subsequent notice after being requested to do so by a peace officer is a misdemeanor.

(f) Removal of Posted Notice Prohibited. It shall be unlawful for any person to alter, tamper with or deface a posted notice described in subsection (e) of this section, or remove it prior to one year from the date of the posting. If a posted notice is altered, tampered with, defaced, or removed prior to one year from the date of posting, the notice shall be replaced and a new one-year posting period shall commence on the date of replacement.

(g) Notice to Owner. A copy of the notice provided and/or posted under this section shall be served on the owner by personal service or by depositing in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to the owner shown on the county’s last equalized property tax assessment roll.

(h) Cost Reimbursement.

(1) The responsible person(s) or if such person is a minor, then the parents or legal guardians of the minor, and/or the owner, shall be jointly and severally liable for all of the following costs attributable to the loud or unruly gathering:

(A) The actual cost incurred by the city beyond the initial response by the city necessary to abate the loud or unruly gathering, including, without limitation, police and fire response;

(B) Damage to public property;

(D) Administrative costs incurred by the city in connection with the billing and collection of such costs.

(2) The police department shall accurately compute the cost to the city of providing such services pursuant to subsection (i)(1) of this section. The responsible person(s) and/or owner shall be billed for these costs by the city and payment shall be due and payable within 15 days of the billing date. Should the amount of the bill not be paid when due, the city may collect the debt, as well as any costs incurred in collecting the debt due to nonpayment, pursuant to any available provision of the law.

(i) Fines and Penalties for Violations. A responsible person(s) and/or owner violating this section shall be issued a citation utilizing the administrative citation procedures set forth in Chapter 1A SPMC. For any violation of this section, the fine shall be $1,000 for each violation. The issuance of an administrative fine does not preclude other potential civil actions or criminal prosecutions under any other provision of law, including the prosecution for maintaining a public nuisance against the responsible person and/or the owner.

(j) Appeal. Any responsible person and/or owner receiving an administrative fine or a bill for police department services provided pursuant to this section, may file a written request for an appeal hearing pursuant to the provisions of Chapter 1A SPMC.

(k) Absentee Owner—Liability Exceptions. Any owner who does not reside within the residential unit at the time a loud or unruly gathering occurs shall not be liable under this section if such owner has: (1) included covenants within the written lease or rental agreement for the premises on which a loud or unruly gathering occurs that contain specific language prohibiting the activities described in this section; and (2) demonstrated due diligence in abating an unmanageable tenant(s) or responsible person(s) for a loud or unruly gathering. An owner who does not reside within the residential unit and has a written lease or rental agreement dated on or before the effective date of this section for the residential unit on which a loud or unruly gathering has occurred shall only need to demonstrate due diligence in abating an unmanageable tenant(s) or responsible person(s) for a loud or unruly gathering to not be liable under subsection (h) of this section.

(l) Administrative Rules and Regulations. The chief of police may adopt administrative rules and regulations for the purpose of implementing the provisions of this section.

(m) The provisions of this section shall not apply to activities protected under the United States Constitution. (Ord. No. 2006, § 1; Ord. No. 2402 § 2, 2025.)