Victorville Municipal Code Art. 12 Noise Control

(a) The purpose of this Chapter is to establish criteria and standards for the regulation of noise levels within the City of Victorville.

(b) The City Council declares and finds that excessive noise levels are detrimental to the public health, welfare and safety and contrary to the public interest. It is the intent of this Chapter to protect persons from excessive levels of noise from sources including, but not limited to; persons, animals, or fowl; automobiles, motorcycles, engines, machines, or other mechanical devices; loudspeakers, musical instruments, radios, televisions, phonographs, or other amplifying devices.

(c) This chapter includes standards for the measurement of noise levels to ensure that noise levels do not disturb and interfere with the peace, comfort or repose of the residents of the neighborhood from which the noise is emitted.

(Ord. 1962 § 2 (part), 2002)

(Ord. No. 2303, § 1, 12-3-13)

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

(1) "A-weighted sound level" means the sound pressure level in decibels as measured on a sound level meter using A-weighting network. The level to read is designated db(A) or dB(A).

(2) "Ambient noise level" means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding any intrusive noise.

(3) "Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted.

(4) "Decibel" means a unit of measure of sound level noise.

(5) "Noise level" means the same as "sound level" and the terms may be used interchangeably herein.

(6) "Sound level" (noise level) in decibels is the quantity measured using the frequency weighting of A of a sound level meter as defined herein.

(7) "Sound level meter" means an instrument meeting American National Standard Institute's Standard S1.4-1983 for type 1 or type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

(Ord. No. 2303, § 1, 12-3-13)

Any noise level measurements made pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined in this Chapter. The location selected for measuring exterior noise levels shall be at any point on the property line of the offender or anywhere on the affected property.

(Ord. 1962 § 2 (part), 2002)

(Ord. No. 2303, § 1, 12-3-13)

All ambient noise measurements shall commence in decibels within the respective zones and times as follows:

If the ambient noise level exceeds the applicable limit as noted in the above table, the ambient noise level shall be the standard.

(Ord. 1962 § 2 (part), 2002)

(Ord. No. 2303, § 1, 12-3-13)

Noise levels shall not exceed the ambient noise levels in Section 13.01.040 by the following dB(A) levels for the cumulative period of time specified:

(1) Less than 5dB(A) for a cumulative period of more than thirty minutes in any hour;

(2) Less than 10 dB(A) for a cumulative period of more than fifteen minutes in any hour;

(3) Less than 15 dB(A) for a cumulative period of more than five minutes in any hour;

(4) Less than 20 dB(A) for a cumulative period of more than one minute in any hour;

(5) 20 dB(A) or more for any period of time.

(Ord. 1962 § 2 (part), 2002)

(Ord. No. 2303, § 1, 12-3-13)

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

(1) All mechanical devices, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work.

(2) The provisions of this regulation shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation projects, public works projects or essential public works services and facilities, including those utilities subject to the regulatory jurisdiction of the California Public Utilities Commission.

(3) Activities conducted on the grounds of any elementary, intermediate or secondary school or college.

(4) Outdoor gatherings, public dances and shows, provided said events are conducted pursuant to a permit as required by this code.

(5) Activities conducted in public parks and public playgrounds, provided said events are conducted pursuant to a permit as required by this code.

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

(7) Traffic on any roadway or railroad right-of-way.

(8) The operation of the Southern California Logistics Airport.

(9) Construction activity on private properties that are determined by the Building Official to be essential to the completion of a project.

(Ord. 1962 § 2 (part), 2002)

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2388, § 3, 3-19-19)

Any person violating any of the provisions, or failing to comply with the requirements of this Chapter, is guilty of a civil penalty, punishable in accordance with Chapter 1.05. In addition, in the discretion of the City Attorney and based upon the specific facts and circumstances presented to him or her, any such violation may be charged as an infraction subject to the penalties contained in Section 1.04.010.

(Ord. 1962 § 2 (part), 2002)

(Ord. No. 2303, § 1, 12-3-13)

If any provision of the ordinance codified in this Chapter or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, and the application of such provision to other persons or circumstances, shall not be affected thereby.

(Ord. 1962 § 2 (part), 2002)

(Ord. No. 2303, § 1, 12-3-13)