Stanton Municipal Code Ch. 9.28 Noise Control

A. In order to control unnecessary, excessive and annoying sounds emanating from incorporated areas of the city, it is declared to be the policy of the city to prohibit such sounds generated from all sources as specified in this chapter.

B. It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary to public interest, therefore, the city council does ordain and declare that creating, maintaining, causing or allowing to create, maintain or cause any noise in a manner prohibited by or not in conformity with the provisions of this chapter is a public nuisance and shall be punishable as such.

(Prior code § 9.44.010)

The following words, phrases and terms as used in this chapter shall have the meaning as indicated below:

"Ambient noise level"

means the all-encompassing level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

"Cumulative period"

means an additive period of time composed of individual time segments which may be continuous or interrupted.

"Decibel"("dB")

means a unit which 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.

"Dwelling unit"

means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

"Emergency machinery, vehicle or work"

means any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service.

"Fixed noise source"

means a stationary device which creates sounds while fixed or motionless including, but not limited to, industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.

"Grading"

means any excavating or filling of earth materials, or any combination thereof, conducted at a site to prepare said site for construction or other improvements thereon.

"Impact noise"

means the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest.

"Mobile noise source"

means any noise source other than a fixed noise source.

"Noise level"

means the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty micronewtons per square meter. The unit of measurement shall be designated as dB(A).

"Noise variance board"

means an administrative board of five members appointed by the board of supervisors of the county, per Title 4, Division 6, Article 1 of the codified ordinances of the county.

"Person"

means a person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature.

"Residential property"

means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.

"Simple tone noise"

means a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished.

"Sound level meter"

means an instrument meeting American National Standard Institute's Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

"Sound pressure level"

of a sound, in decibels, shall mean twenty times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

(Prior code § 9.44.020)

City or law enforcement personnel who receive a complaint related to excessively loud, unusual, penetrating, or boisterous noise, disturbance, or commotion shall handle the matter in accordance with the provisions of this chapter and Chapter 9.30 of this title.

(Ord. 838 § 1, 2000; Ord. 1021 § 2, 2013)

Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in Section 9.28.020.

(Prior code § 9.44.030)

The residential properties hereinafter described are hereby assigned to the following noise zones:

Noise Zone 1: all residential properties, whether incorporated or unincorporated.

(Prior code § 9.44.040)

A. The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone:

Noise Standards

In the event the alleged offensive noise consists of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five dB(A).

B. It is unlawful for any person at any location within the incorporated area of the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other residential property, either incorporated or unincorporated, to exceed:

1. The noise standard for a cumulative period of more than thirty minutes in any hour; or

2. The noise standard plus five dB(A) for a cumulative period of more than fifteen minutes in any hour; or

3. The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour; or

4. The noise standard plus fifteen dB(A) for a cumulative period of more than one minute in any hour; or

5. The noise standard plus twenty dB(A) for any period of time.

C. In the event the ambient noise level exceeds any of the first four noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level.

(Prior code § 9.44.050)

A. The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone:

Interior Noise Standards

In the event the alleged offensive noise consists of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five dB(A).

B. It is unlawful for any person at any location within the incorporated area of the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level when measured within any other dwelling unit on any residential property, either incorporated or unincorporated, to exceed:

1. The interior noise standard for a cumulative period of more than five minutes in any hour; or

2. The interior noise standard plus five dB(A) for a cumulative period of more than one minute in any hour; or

3. The interior noise standard plus ten dB(A) for any period of time.

C. In the event the ambient noise level exceeds either of the first two noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the third noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level.

(Prior code § 9.44.060)

The following activities shall be exempted from the provisions of this chapter:

A. Activities conducted on the grounds of any public or private nursery, elementary, intermediate or secondary school or college;

B. Outdoor gatherings, public dances, shows and sporting and entertainment events provided said events are conducted pursuant to a permit issued by the city pursuant to the city code relative to the staging of said events;

C. Activities conducted on any park or playground provided such park or playground is owned and operated by a public entity;

D. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work;

E. Noise sources associated with construction, repair, remodeling, or grading of any real property provided said activities do not take place between the hours of eight p.m. and seven a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday;

F. All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions;

G. Mobile noise sources associated with agricultural operations provided such operations do not take place between the hours of eight p.m. and seven a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday;

H. Mobile noise sources associated with agricultural pest control through pesticide application; provided, that the application is made in accordance with restricted material permits issued by or regulations enforced by the agricultural commission;

I. Noise sources associated with the maintenance of real property provided said activities take place between the hours of seven a.m. and eight p.m. on any day except Sunday or federal holiday, or between the hours of nine a.m. and eight p.m. on Sunday or federal holiday;

J. Any activity to the extent regulation thereof has been preempted by state or federal law;

K. Any event or activity sponsored by the city.

(Prior code § 9.44.070; Ord. 1021 § 3, 2013)

It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church, while the same is in use, to exceed the noise limits as specified in Section 9.28.050 prescribed for the assigned noise zone in which the school, hospital or church is located, or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital, provided conspicuous signs are displayed in three separate locations within one-tenth of a mile of the institution indicating the presence of a school, church, or hospital.

(Prior code § 9.44.080)

Until January 19, 1979, the noise standards enumerated in Sections 9.28.050 and 9.28.060 shall be increased eight dB(A) where the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of the ordinance codified in this chapter.

(Prior code § 9.44.090)

A. Use Restricted. It is unlawful and a misdemeanor, subject to punishment in accordance with Chapter 1.10 of this code, for any person within the city of Stanton to use or operate any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound at any time in such a manner as to produce noise levels on residential land which would disturb the peace, quiet, and comfort of neighboring residents or any reasonable person of normal sensitivity residing in the area.

B. Prima Facie Violation. Any noise exceeding the ambient noise level at the property line of any residential area (or if a condominium or apartment house, within any adjoining apartment) by more than five decibels shall be deemed to be prima facie evidence of a violation of the provisions of this section.

(Ord. 838 § 2, 2000)

Any noise level from the use or operation of any machinery, equipment, pump, fan, air conditioning apparatus, refrigerating equipment, or other mechanical or electrical device, or in repairing or rebuilding any motor vehicle, which exceeds the noise limits as set forth in this title at any property line, or, if a condominium or rental unit, within any condominium unit or rental unit within the complex, shall be a violation of this chapter.

(Ord. 838 § 3, 2000)

The location selected for measuring exterior noise levels shall be at any point on the affected property. Interior noise measurements shall be made within the affected dwelling unit. The measurement shall be made at a point at least four feet from the wall, ceiling, or floor nearest the alleged offensive noise source and may be made with the windows of the affected unit open.

(Prior code § 9.44.100)

A. The county health officer and duly authorized representatives are directed to enforce the provisions of this chapter. The county health officer and duly authorized representatives are authorized, pursuant to Penal Code Section 836.5, to arrest any person without a warrant when they have reasonable cause to believe that such person has committed a misdemeanor in their presence.

B. No person shall interfere with, oppose or resist any authorized person charged with enforcement of this chapter while such person is engaged in the performance of his or her duty.

(Prior code § 9.44.110)

A. The owner or operator of a noise source which violates any of the provisions of this chapter may file an application with the health officer for a variance from the provisions of this chapter wherein said owner or operator shall set forth all actions taken to comply with said provisions, the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee in the amount of seventy-five dollars. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of said application and fee, the health officer shall refer it with his or her recommendation thereon within thirty days to the noise variance board for action thereon in accordance with the provisions of this chapter.

B. An applicant for a variance shall remain subject to prosecution under the terms of this chapter until a variance is granted.

(Prior code § 9.44.120)

The noise variance board shall evaluate all applications for variance from the requirements of this chapter and may grant said variances with respect to time for compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum compliance with the provisions of this chapter. Said terms, conditions and requirements may include, but shall not be limited to, limitations on noise levels and operating hours. Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations the board shall consider the magnitude of nuisance caused by the offensive noise; the uses of property within the area of impingement by the noise; the time factors related to study, design, financing and construction of remedial work; the economic factors related to age and useful life of equipment; and the general public interest and welfare. Any variance granted by the board shall be by resolution and shall be transmitted to the health officer for enforcement. Any violation of the terms of the variance shall be unlawful.

(Prior code § 9.44.130)

A. Within fifteen days following the decision of the variance board on an application, the applicant, the health officer or any member of the city council may appeal the decision to the city council by filing a notice of appeal with the secretary of the variance board. In the case of an appeal by the applicant for a variance, the notice of appeal shall be accompanied by a fee to be computed by the secretary on the basis of the estimated cost of preparing the materials required to be forwarded to the city council as discussed in this section. If the actual cost of such preparation differs from the estimated cost appropriate payments shall be made either to or by the secretary.

B. Within fifteen days following receipt of a notice of appeal fee, the secretary of the variance board shall forward to the city council copies of the application for variance; the recommendation of the health officer; the notice of appeal; all evidence concerning said application received by the variance board and its decision thereon. In addition, any person may file with the city council written arguments supporting or attaching said decision and the city council may in its discretion hear oral arguments thereon. The city clerk shall mail to the applicant a notice of the date set for hearing of the appeal. The notice shall be mailed at least ten days prior to the hearing date.

C. Within sixty days following its receipt of the notice of the appeal, the city council shall either affirm, modify or reverse the decision of the variance board. Such decision shall be based upon the city council's evaluation of the matters submitted to the city council in light of the powers conferred on the variance board and the factors to be considered both as enumerated in Sections 9.28.120 and 9.28.130.

D. As part of its decision the council may direct the variance board to conduct further proceedings on said application. Failure of the city council to affirm, modify or reverse the decision of the variance board within said sixty-day period shall constitute an affirmance of the decision.

(Prior code § 9.44.140)

A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter.

B. Any person violating any provision hereof shall be charged in accordance with Section 1.04.080 of this code and upon conviction shall be punished in accordance therewith.

C. The provisions of this chapter shall not limit any other remedies authorized by law.

(Prior code § 9.44.150; Ord. 677 § 1, 1988; Ord. 1021 § 4, 2013)