Tehama Municipal Code Ch. 9.12 Noise

It is declared to be the policy of the city that the peace, health, safety and welfare of the citizens of Tehama require protection from excessive, unnecessary and unreasonable noises from any and all sources in the community. It is the intention of the city council to regulate and control the adverse effect of such noises on citizens under any conditions of use, especially those conditions of use which have the most severe impact upon the auditory senses of any person with normal hearing.

(Ord. 167 § 1, 2007)

A. The provisions of this chapter shall apply to noises from any and all sources in the city.

B. This chapter allows for different methods of enforcement. The appropriate method of enforcement shall be determined by the enforcement officer.

(Ord. 167 § 2, 2007)

As used in this chapter, the following words and phrases have the meanings set forth in this section, unless the context in which any such word or phrase is used clearly requires another meaning:

"Emergency response activities" means activities necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm.

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

"Unreasonable noise" means noise produced by human voice, machine, animal, or device, or any combination thereof, that is so loud, unnecessary, excessive, or unusual that it unreasonably disturbs the peace and quiet of any neighborhood, unreasonably impinges upon the quiet enjoyment of property, or unreasonably causes discomfort or annoyance to any reasonable person of normal hearing residing or working in the area.

(Ord. 167 § 3, 2007)

A. No person shall produce, suffer or allow to be produced by human voice, machine, animal, or device, or any combination of same, on residential property, a noise level at any point outside of the property plane that unreasonably impinges upon the quiet enjoyment of property, or unreasonably causes discomfort or annoyance to any reasonable person of normal sensitivity residing or working in the area between the hours of nine p.m. and seven a.m.

B. No person shall produce, suffer or allow to be produced by human voice, machine, animal, or devices or any combination of same, on multifamily residential property, a noise level that unreasonably impinges upon the quiet enjoyment of property, or unreasonably causes discomfort or annoyance to any reasonable person of normal sensitivity inside any dwelling unit on the same property, when the windows and doors of the dwelling unit are closed, except within the dwelling unit in which the noise source or sources may be located.

(Ord. 167 § 4, 2007)

No person shall produce, suffer or allow to be produced by human voice, machine, animal, or device, or any combination of same, on commercial or industrial property, a noise level at any point outside of the property plane that unreasonably impinges upon the quiet enjoyment of property, or unreasonably causes discomfort or annoyance to any reasonable person of normal sensitivity residing or working in the area between the hours of nine p.m. and seven a.m.

(Ord. 167 § 5, 2007)

Except as otherwise provided in this chapter, no person shall produce, suffer or allow to be produced on public property, by human voice, machine, animal, or device, or any combination of same, a noise level that unreasonably impinges upon the quiet enjoyment of property, or unreasonably causes discomfort or annoyance to any reasonable person of normal sensitivity residing or working in the area between the hours of nine p.m. and seven a.m. at a distance of twenty-five (25) feet or more from the source.

(Ord. 167 § 6, 2007)

No person shall willfully or negligently make, produce, suffer, or allow to be produced, at any time, any noise that unreasonably impinges upon the quiet enjoyment of property, or unreasonably causes discomfort or annoyance to any reasonable person of normal sensitivity residing or working in the area between the hours of nine p.m. and seven a.m.

A. Enforcement of this section shall not require the use of a sound level meter.

B. A violation of this section shall be proven by reference to one or more of the following criteria:

1. The volume or loudness of the noise (measured by the distance away from the source at which the noise can be clearly heard);

2. The pitch or frequency of the noise;

3. Whether the nature of the noise is usual or unusual;

4. Whether the origin of the noise is natural (i.e., not caused or produced by a person or persons) or unnatural;

5. The tonal or rhythmic quality of the noise;

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

7. Whether the noise is from a commercial or noncommercial activity;

8. If the noise is from a commercial activity, whether the particular use is permitted in the area, and whether the noise could be reasonably expected to derive from the use;

9. Whether the noise is a necessary attribute of a particular use (i.e., routine solid waste collection or a properly functioning mechanical device);

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

11. The proximity of the noise to offices or places of work;

12. The number of persons affected, or the density of inhabitation of the area;

13. The nature or zoning of the area within which the noise emanates or in which the impact of the noise occurs;

14. The amount and type of background noise, if any;

15. The time of the day or night the noise occurs (indicating the relationship of the noise to the normal activities that occur at a given time);

16. The day of the week; and

17. The duration of the noise.

(Ord. 167 § 7, 2007)

A. When an enforcement officer responds to an initial citizen complaint of unreasonable noise and perceives activities or circumstances that violate this chapter, the officer shall give a verbal warning specifying those activities or circumstances to a resident of the property upon which the activities or circumstances exist or to any individual exercising or claiming control of the site or assuming responsibility for the activities or circumstances.

B. If, during the twenty-four (24) hours following the issuance of the warning, there is another occurrence of unreasonable noise at the same location and if the enforcement officer thereafter finds that this chapter was or continues to be violated, either by obtaining a signed statement form so stating from an individual residing at an address different from that of the complainant or by perceiving activities or circumstances that violate this chapter, the officer may issue a citation to a resident of the property upon which the activities or circumstances exist or to any individual exercising or claiming control of the site or assuming responsibility for the activities or circumstances.

C. If no other individual can be found to whom a citation can be issued for the second or continuing violation, a citation may be issued for the first violation to the individual to whom the warning was issued on the first response.

(Ord. 167 § 8, 2007)

A. No person shall use or operate any radio, tape player, record player, compact disc player or audio player of any kind in or on a vehicle located within a public park, within a public parking lot or on any other public property within the city other than a highway, which is audible to a person of normal hearing sensitivity more than fifty (50) feet from such vehicle, nor shall any person use or operate any such device on or in a vehicle located on private property where the device is audible to a person of normal hearing sensitivity more than twenty-five (25) feet from the vehicle or beyond the property line of such private property, whichever is greater. Noise from a radio, tape player, record player, compact disc player or other similar device in or on a vehicle located on a public highway shall be regulated in the manner provided for by the California Vehicle Code.

B. 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.

(Ord. 167 § 9, 2007)

The following activities or sources of noise are exempt from the provisions of this chapter:

A. Alarms and Warning Devices. Any aural alarms or warning devices, including but not limited to fire alarms, burglar alarms, city noon signal and emergency vehicle sirens and air horns.

Construction and Alteration of Structures. Notwithstanding any other provision of this chapter, between the hours of ten a.m. and six p.m. on Sundays and holidays, and seven a.m. and nine p.m. on other days.

B. Emergency Response Activities. Noise from emergency response activities.

C. Special Events at Which No Mechanical or Amplifying Equipment is Employed. Noise from special events conducted lawfully and without the use of sound of any kind that is mechanically produced or amplified or focused by any means.

D. Audio Equipment Used by Public Safety Officers. Noise from audio equipment used or operated by public safety officers in the performance of their duties.

(Ord. 167 § 10, 2007)

A. A conditional noise permit may be granted to temporarily exempt a particular source of noise from one or more provisions of this chapter if the applicant can show that, notwithstanding the application of all available noise abatement techniques, the immediate compliance by the applicant with one or more requirements of this chapter would be impractical or unreasonable. The term of a noise permit shall not exceed six months, provided that the term may be renewed upon a further showing of good cause and that any extension is conditioned upon a schedule of compliance with the requirements of this chapter, including the details of methods to effectuate that compliance.

B. Applications for a conditional noise permit shall be made to the city clerk or mayor to process such permits upon a form provided therefore. Such application shall be processed in the following manner:

1. The city clerk or mayor is empowered to deny any such application.

2. The city clerk or mayor is empowered to approve an application subject to such conditions or limitations deemed advisable, taking into consideration the purpose and intent of this chapter, which approval shall be submitted to the city council at is next regular meeting. If the council does not reject the conditional approval by the city clerk or mayor, then following the council meeting, the city clerk or mayor will issue to the applicant the proposed conditional noise permit.

C. This section shall apply to public agencies, including the city. However, the city clerk or mayor may issue a conditional noise permit to a public agency upon good cause shown and without referral to the city council if the proposed activity subject to the permit involves public health, safety, welfare or benefit.

(Ord. 167 § 11, 2007)

A. The city clerk or mayor may issue a permit exempting from the requirements of this chapter any special event conducted on public property at which noise is produced by any mechanical or amplifying equipment which will, or is likely to, exceed the noise limits imposed by this chapter if the director determines that:

1. The event is of interest to a substantial number of persons residing in the city;

2. The event is open to all persons residing in the city, subject only to the payment of a reasonable fee, if any, by those persons attending the event; and

3. Compliance with this chapter would unreasonably interfere with the conduct of the event.

B. Applications for a permit under this section shall be filed with the city clerk at least fourteen (14) days prior to the date the special event is to take place. Such application shall be in the form prescribed by the director and shall contain the name of the person or persons sponsoring the event, a description of the event, the date and times the event is scheduled to take place, and such other information as may be required by the director.

C. Following the filing of an application for a permit under this section, the city clerk shall issue a permit granting such exemption if the director finds that such special event complies with all the requirements of this section. However, in approving and issuing such permit the director may impose reasonable conditions on the conduct of the special event, including limitations on the dates and times during which the event may take place, limitations on the level of noise produced at the event which shall not be more stringent than the limitations on noise produced on public property hereinbefore provided by this chapter, and a requirement that the permittee take reasonable measures as may be prescribed by the director to mitigate the adverse effect of the noise produced at the event.

(Ord. 167 § 12, 2007)

Any person aggrieved by the decision of any administrative officer empowered to administer the provisions of this chapter, except a decision to issue an administrative or criminal citation, may appeal the decision of any such officer to the city council. The decision of the city council shall be final.

(Ord. 167 § 13, 2007)

Members of the Tehama County sheriff's department shall have the duty of enforcing this chapter, and are empowered to issue administrative or criminal citations for violations.

(Ord. 167 § 14, 2007)

A person violating, or causing or permitting a violation of, any of the provisions of this chapter is guilty of an infraction and shall be subject to the penalties provided by city code for infractions. A separate offense is committed for each and every hour or part of an hour during which any such violation is committed or caused or permitted to continue. Each offense is punishable separately from every other offense.

(Ord. 167 § 15, 2007)

As an additional remedy, any violation of the provisions of this chapter is declared to be a public nuisance and the city attorney is authorized to file an action to abate such nuisance in a court of appropriate jurisdiction in the manner provided by law.

(Ord. 167 § 16, 2007)