St. Helena Municipal Code Ch. 8.24 Health and Safety

NOISE*

Sections:

• 8.24.005 Definitions. 8.24.010 Unnecessary noises generally. 8.24.020 Exemption—Garbage and trash collection. 8.24.030 Abatement of nuisance. 8.24.040 Exemptions.

• Editor’s Note: As to barking and howling dogs, see Section 6.04.050 of this code.

“Leaf blower” means a portable machine, powered by a gasoline or electric motor, used to blow, displace or vacuum leaves, dirt and debris. (Ord. 12-9 § 2)

A. It is unlawful for any person to cause or produce any unnecessary noise which can be heard outside of any building by attaching any noise-producing attachment to any vehicle; or blowing or ringing any horn, whistle or bell; by operating a loudspeaker, public address system or sound amplification system; or by making any other loud or unusual noise which disturbs the peace of any other persons, unless a permit to cause or produce the noise shall be first obtained from the chief of police.

B. Between the hours of ten p.m. and seven a.m. next ensuing, no commercial or other activity shall be conducted upon any privately owned real property within the city which activity creates noise which can be heard at the property line of any parcel of real property within the city, unless a permit shall first have been secured from the chief of police.

C. Notwithstanding the provisions of subsection B of this section, activities associated with commercial and residential construction projects by contracted services shall be regulated as follows:

1. Monday through Saturday. Construction activities which generate noise that can be heard at the property line of any parcel of real property within the city limits shall be limited to eight a.m. to five p.m. Delivery of materials/equipment and cleaning and servicing of machines/equipment shall be limited to seven a.m. to six p.m. Exceptions to these time restrictions may be granted by the public works director for one of the following reasons: (a) inclement weather affecting work; (b) emergency work; or (c) other work, if work and equipment will not create noise that may be unreasonably offensive to neighbors as to constitute a nuisance. The city engineer must be notified and give approval in advance of such work.

2. Sundays and Holidays (Federal and Local). No construction activities allowed which generate noise that can be heard at the property line of any parcel of real property within the city limits.

Exception: This subsection shall not apply to self-help affordable housing construction activities that take place between the hours of eight a.m. and five p.m. on any local or federal holiday (with the exception of Thanksgiving Day; the day after Thanksgiving; Christmas Eve; Christmas Day; New Year’s Day and the fourth of July, which remain subject to the standard noise limitations) for residential projects containing units that the planning director determines will be affordable to very low, lower or moderate income households pursuant to an agreement with the city of St. Helena. All such self-help construction activities shall otherwise comply with the hourly and decibel limitations contained in subdivision C.1 and Tables 8-3 through 8-5 in the Noise section of the Public Health & Safety Element of the 1993 General Plan, respectively.

D. Notwithstanding the provisions of subsections B and C of this section, activities associated with landscape maintenance by contracted services which generate noise that can be heard at the property line of any parcel of real property within the city limits shall only be allowed Monday through Saturday from eight a.m. to five p.m. and are prohibited on Sundays and holidays (federal and local).

• E. Leaf Blowers.

  1. It shall be unlawful for any person to operate any leaf blower unless it is powered by electricity or battery and is used in compliance with the following criteria:

     • a. The electric or battery-powered leaf blower bears a manufacturer’s label indicating a noise level designation not exceeding sixty-five (65) dB(A) at a distance of fifty (50) feet utilizing American National Standard Institute (“ANSI”) B175.2 methodology. All such leaf blowers shall be operated with all mufflers, full extension tubes, shrouds and sound-attenuating devices supplied by the manufacturer for that leaf blower and shall be maintained in sound operating condition;

     • b. The leaf blower is operated without the use of a generator with a gasoline or diesel engine.

2. The operation of lawful battery-powered and electric leaf blowers on all streets and parcels within the city, except for those areas designated in subsection (E)(3) of this section, shall be allowed between nine a.m. and four p.m. Monday through Friday, between ten a.m. and three p.m. on Saturdays, and between ten a.m. and twelve p.m. on Sundays.

3. The operation of lawful battery-powered and electric leaf blowers on all parcels on Main Street between Pine Street and Grayson Avenue shall be allowed between five a.m. and three p.m. Monday through Friday, between ten a.m. and three p.m. on Saturdays, and between ten a.m. and twelve p.m. on Sundays.

4. It shall be unlawful to operate battery-powered and electric leaf blowers on federal and local holidays.

5. The operation of battery-powered and electric leaf blowers shall be exempt from the permit requirement of subsection A of this section.

6. A violation of any provision of this section shall be subject to the enforcement procedures under Chapter

• 1.12 in addition to any other enforcement remedies available under law and this code. Notwithstanding any provision to the contrary in Chapter 1.12, for purposes of enforcement of this chapter under Chapter 1.12, a “responsible person” shall only include a person who uses or operates, or a property owner or business that permits the use or operation of, a leaf blower in violation of this chapter.

F. Any person desiring to obtain a permit under this section shall file a written application stating the permit desired, the name and address of the applicant, the reason why he or she desires the same and the place where and the particular time when he or she desires to exercise the same.

G. The chief of police shall grant such permit if it reasonably appears that: (1) the activity is otherwise permitted under this code; and (2) the benefit to be derived by the applicant from conducting such activity at the time and place specified in the application outweighs the detriment to be suffered by the neighborhood, by neighboring residents, and by the city’s residents generally.

H. Violation of this section shall constitute a public nuisance and an infraction. (Ord. 22-11 § 1; Ord. 16-14 § 1; Ord. 12-9 § 3; Ord. 02-7 § 1; prior code § 11.11)

The collection of garbage and trash pursuant to Chapter 8.04 of this code is expressly exempted from the provisions of Section 8.24.010. (Prior code § 11.12)

Whenever the existence of any nuisance, as provided by Section 8.24.010, comes to the attention of the chief of police or any sworn police officer of the city, it shall be their duty to promptly notify in writing the person(s) producing or causing the nuisance and the occupant of the premises upon which such nuisance exists, specifying the measures necessary to abate such nuisance, and unless the nuisance is thereafter immediately abated, the persons so notified shall be guilty of an infraction and the chief of police or the sworn police officer shall summarily abate such nuisance. (Prior code § 11.13)

Nothing in Sections 8.24.010 to 8.24.030 shall apply to the playing of music by a band or the blowing of a bugle or the announcing of any show, entertainment or event upon the public streets for which band music, bugle blowing or privilege of announcing the chief of police has granted a special permit specifying the time and place when and where such music may be played or such bugle be blown; nor shall apply to the blowing of any whistle or horn or the ringing of any bell or other noise necessary as a vehicular traffic warning or signal; nor to any public celebration or public function on a public holiday or other public occasions generally celebrated. (Prior code § 11.14)