Tulare Municipal Code Ch. 6.40 Noise

It is hereby declared to be the policy of the city that the peace, health, safety and welfare of its citizens 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 control the adverse effect of such noise sources on the citizens under any condition of use, especially those conditions of use, which have the most severe impact on any person.

(1995 Code, § 6.40.010) (Ord. 11-08, passed 8-16-2011)

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

DECIBEL. A unit used to measure the intensity of a sound or the power level of an electrical signal by comparing it with a given level on a logarithmic scale.

HOSPITAL. Any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons including rest homes and nursing homes.

NOISE DISTURBANCE. Any sound which violates the standards set forth in this chapter.

SCHOOL. Public or private institutions conducting regular academic instruction at preschool, kindergarten, elementary, secondary or collegiate levels.

SOUND AMPLIFYING EQUIPMENT. Any machine or device for the amplification of the human voice, music, or any other sound. SOUND AMPLIFYING EQUIPMENT shall not include standard automobile radios or tape players when heard only by the occupants of the vehicle in which the automobile radio is installed. SOUND AMPLIFYING EQUIPMENT as used in this chapter shall not include warning devices in authorized emergency vehicles, or horns or other warning devices in any vehicle, which are used only for traffic safety purposes.

SOUND LEVEL METER. An instrument including a microphone, an amplifier, an output meter, and frequency weighted networks for the measurement of sound levels which satisfy the pertinent specifications published by the American National Standards Institute, New York, New York, in “American Standard Sound Level Meters for the measurement of noise and Other Sounds,” S1.41971, or the most recent revision thereof.

WEIGHTED SOUND LEVEL. The sound level in decibels as measured with a sound level meter using the A:P weighted network (scale) at slow meter response. This scale provides an average of sound levels over the whole audible spectrum and reports an overall sound pressure level. The unit of measurement is referred to as A-weighted decibels or dBA.

(Ord. 11-08, passed 8-16-2011)

Between the hours of 10:00 p.m. of one day and 6:00 a.m. of the following day, it shall be unlawful for any person to create, cause to be created or maintained sources of noise which shall cause annoyance or discomfort to a reasonable person of normal sensitivity in the neighborhood. The sources shall include, but not be limited to, the following:

(A) Excessively loud noises caused by the use or operation of radios, musical instruments and drums, phonographs, television sets or other machines or devices for the production, reproduction or amplification of sound;

(B) Operation of equipment or performance of any outside construction or repair work on buildings, structures or projects, or operation of construction type devices, except that contractors may apply for a permit from the Planning and Building Department to allow construction where extreme heat requires work to occur between 10:00 p.m. and 6:00 a.m.;

(C) Excessively loud sounds, cries or behavioral noise caused by the keeping or maintenance of animals or fowls;

(D) Excessively loud noise caused by the operation of any machinery, equipment, device, pump, fan, compressor, air conditioning apparatus or similar mechanical device;

(E) Operation of chimes, bells or other devices for the purpose of advertising or inviting the patronage of any person or persons to any business enterprise;

(F) Repairing, rebuilding or testing of motor vehicles or operating of any motor driven vehicle off public streets or highways; and

(G) Excessively loud noise caused by calling, shouting, laughing or crying.

(1995 Code, § 6.40.030) (Ord. 11-08, passed 8-16-2011)

It shall be 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 the use or adjacent to any hospital, which noise unreasonably interferes with the workings of the institutions or which disturbs or unduly annoys patients in the hospital, providing conspicuous signs are displayed in such streets, sidewalk or any public

place indicating the presence of a school, church or hospital.

(1995 Code, § 6.40.040) (Ord. 11-08, passed 8-16-2011)

(A) It shall be unlawful for any person other than personnel of law enforcement or governmental agencies, to install, use or operate within the city, and outside a building, a loud speaker or amplifying device in a fixed or movable position or mounted upon any vehicle for the purpose of giving instructions, directions, talks, addresses, lectures, transmitting music to any persons or assembly of persons in or upon any street, alley, sidewalk or public property without first obtaining an Amplified Sound Permit approved by the City Manager with concurrence of the Police Department.

(B) The City Manager, with concurrence of the Police Department, when considering an application for an Amplified Sound Permit, shall recognize and consider the constitutional rights of free speech of all persons including the applicant, but shall also consider the correlative constitutional rights of the citizens of the city to privacy and freedom from public nuisance of loud and unnecessary noise. The City Manager, with concurrence of the Police Department, if granting permission, shall reserve the right to enforce whatever rules, conditions or restrictions it deems necessary to ensure that the sound shall be so controlled that it will not be unreasonably loud, raucous, varying, disturbing or a nuisance to persons of normal sensitivity within the area of audibility, subject to any other provisions within this chapter.

(C) An administrative fee of $10 will apply for processing an Amplified Sound Permit request, said fee subject to change, pursuant to the Consumer Price Index (CPI).

(D) In addition to the processing fee the applicant shall submit in writing, at least ten days prior to the event, a statement outlining:

(1) The name and address of both the user and owner of the sound amplifying equipment;

(2) The maximum sound producing power of the equipment including wattage, use, volume decibels and approximate distance from which sound will be audible; and

(3) Whether the sound equipment will be used for commercial or noncommercial purposes.

(E) Permits for amplified sound for use in a public park or city facility shall be processed by the Parks, Library and Recreation Department. Condition of use is to be determined by the policies of the Parks, Library and Recreation Department.

(1995 Code, § 6.40.050) (Ord. 14-05, passed 10-21-2014; Ord. 11-08, passed 8-16-2011; Ord. 08-06, passed 6-3-2008)

(A) It shall be unlawful for any person within the city to sell, advertise or invite patronage for anything by public outcry or by use of any type of noise making or sound amplifying device.

(B) The City Council may grant an exception to this section, if, after application and review, it finds that circumstances are such that an exception is warranted. The circumstances must be such that the same exception would be appropriate for any other hawker or peddler in the same situation.

(C) In granting an exception, the City Council may specify any special requirements, routes, time schedules or other standards which they may deem necessary to carry out the intent of this chapter and protect the public welfare.

(D) Noise levels for mobile vendors are restricted by other chapters of the Municipal Code and the California Vehicle Code.

(1995 Code, § 6.40.060) (Ord. 11-08, passed 8-16-2011)

In enforcing the provisions of this chapter, the enforcing officer shall utilize, but shall not be limited to the following general standards:

(A) The volume, intensity and duration of the noise;

(B) Whether the nature of the noise is usual or unusual;

(C) The nature and zoning of the area within which the noise emanates;

(D) The time of the day or night the noise occurs; and

(E) Whether the noise is recurrent, intermittent or constant.

(1995 Code, § 6.40.070) (Ord. 11-08, passed 8-16-2011)

(A) It is unlawful for any person at any location within the city to create any amplified sound on property owned, leased, occupied or otherwise controlled by such person which causes the noise level, when measured at the property line of any affected area, to exceed the decibel level of 70 during the hours of 6:00 a.m. and 10:00 p.m.

(B) Parades/community events. Activities pursuant to Municipal Code Chapter 8.70 shall not exceed 85 decibels.

(C) Public park/city facilities.

(1) Sound or noise produced by sound amplification equipment used at all city parks and other city facilities shall be measured at points not greater than 100 feet from the sound source within city parks or facilities and shall not exceed 85 decibels.

(2) Failure of the event sponsor to enforce the sound limits may result in any or all of the following:

(a) The forced curtailment of activities as ordered by the Police Department.

(b) Citation issued by the Police Department pursuant to § 6.40.090.

(c) Forfeiture of deposits placed with the city by the sponsor for use of the facility.

(Ord. 11-08, passed 8-16-2011)

The following procedures shall be employed for monitoring and evaluating noise in the community unless otherwise specified in this section:

(A) The evaluation shall be conducted any time of the day or night when the offending noise is being operated.

(B) The sound level meter shall be equipped with an omnidirectional microphone.

(C) No individual other than the operator shall be within ten feet when possible of the sound level meter during the sample period.

(Ord. 11-08, passed 8-16-2011)

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

(A) Activities conducted on public or private athletic fields;

(B) Events held at the Tulare County Fairgrounds;

(C) Events held at the International Agri-Center;

(D) Noise sources associated with the collection of waste or garbage from commercially zoned, industrially zoned, or residentially zoned property by the city or its authorized franchisee;

(E) Any activity to the extent regulation thereof has been preempted by state or federal law.

(Ord. 11-08, passed 8-16-2011)

The provisions of this chapter shall have no application to the sounding of a siren or the making of other usual signals by any police or other peace officers in the performance of their duties, nor to the sounding of any siren upon any ambulance or firefighting equipment in the usual and customary manner.

(1995 Code, § 6.40.080) (Ord. 11-08, passed 8-16-2011)

Every person, firm or corporation who shall make or continue or cause to be made or continued, any loud, unnecessary, unusually penetrating or boisterous noise, disturbance or commotion, which disturbs the peace or quiet of any neighborhood, or which causes a discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, shall be deemed guilty of an infraction. Any person convicted of an infraction under the provisions of this chapter shall be punishable as set forth in § 1.12.010 of this code.

(1995 Code, § 6.40.090) (Ord. 11-08, passed 8-16-2011)

If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstance shall be held invalid, the invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are declared to be severable.

(1995 Code, § 6.40.100) (Ord. 11-08, passed 8-16-2011)