Villa Park Municipal Code Art. 6-6 Noise Control

In order to control unnecessary, excessive and annoying noises emanating from incorporated areas of the City, it is hereby declared to be the policy of the City to prohibit such noises generated from all sources as specified in this section.

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 section, is a public nuisance and shall be punishable as such.

(Ord. #74-210, § 1)

As used in this section:

"Ambient Noise Level" shall mean the all-encompassing noise 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" shall mean an additive period of time composed of individual time segments which may be continuous or interrupted.

"Decibel" (dB) shall mean a unit which denotes the ratio between two (2) quantities which are proportional to power: the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base ten (10) of this ratio.

"Emergency Machinery, Vehicle or Work" shall mean 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" shall mean 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" shall mean any excavating or filling of earth material or any combination thereof conducted to prepare a site for construction or other improvements thereon.

"Impact Noise" shall mean 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" shall mean any noise source other than a fixed noise source.

"Noise Level" shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty (20) micronewtons per square meter. The unit of measurement shall be designated as dB(A).

"Noise Variance Board" shall mean an administrative board of five (5) members appointed by the Board of Supervisors of the County of Orange, per Title 4, Division 6, Article 1 of the Codified Ordinances of the County of Orange.

"Person" shall mean a person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature.

"Residential Property" shall mean 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" shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished.

"Sound Level Meter" shall mean 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 (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

(Ord. #74-210, § 2)

Any noise level measurements made pursuant to the provisions of this section shall be performed using a sound level meter as defined in subsection 6-6.2.

(Ord. #74-210, § 3)

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

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

(Ord. #74-210, § 4)

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

NOISE STANDARDS

b. It shall be 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, which 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 (30) minutes in any hour; or

2. The noise standard plus five (5) dB(A) for a cumulative period of more than fifteen (15) minutes in any hour; or

3. The noise standard plus ten (10) dB(A) for a cumulative period of more than five (5) minutes in any hour; or

4. The noise standard plus fifteen (15) dB(A) for a cumulative period of more than one minute in any hour; or

5. The noise standard plus twenty (20) dB(A) for any period of time.

c. In the event the ambient noise level exceeds any of the above five (5) noise limit categories, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. Furthermore, the maximum permissible noise level shall never exceed the maximum ambient noise level.

d. Each of the noise limits specified above shall be reduced by five (5) dB(A) for impact or simple tone noises, or for noises consisting of speech or music.

(Ord. #74-210, § 5)

noise standard.

a. It shall be 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, which causes the noise level when measured within a dwelling unit on any residential property during the period 10:00 p.m. to 7:00 a.m. to exceed:

1. Forty-five (45) dB(A) for a cumulative period of more than five (5) minutes in any hour; or

2. Fifty (50) dB(A) for a cumulative period of not more than one minute in any hour; or

3. Fifty-five (55) dB(A) for any period of time.

b. In the event the ambient noise level exceeds any of the above three (3) noise limit categories, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. Furthermore, the maximum permissible noise level shall never exceed the maximum ambient noise level.

(Ord. #74-210, § 6)

The following activities shall be exempted from the provisions of this section.

a. School bands, school athletic and school entertainment events.

b. Outdoor gatherings, public dances, shows and sporting and entertainment events provided said events are lawfully conducted pursuant to the zoning or other applicable regulations of the City.

c. Activities conducted on parks, public playgrounds and school grounds provided such parks, playgrounds and school grounds are 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 8:00 p.m. and 7:00 a.m. on weekdays, or 8:00 p.m. and 8:00 a.m. on 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 corps during period 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 8:00 p.m. and 7:00 a.m. on weekdays, or 8:00 p.m. and 8:00 a.m. on 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 Commissioner.

i. Noise source associated with the maintenance of real property used for residential purposes, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, or 8:00 p.m. and 8:00 a.m. on Saturday, or between the hours of 8:00 p.m. and 9:00 a.m. on Sunday.

j. Any activity to the extent regulation thereof has been preempted by State or Federal law.

(Ord. #74-210, § 7; Ord. #2000-475, § 1)

It shall be 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 subsection 6-6.5, 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 (3) separate locations within one-tenth of a mile of the institution indicating the presence of a school, church, or hospital.

(Ord. #74-210, § 8)

Until January 19, 1979, the noise standards enumerated in subsections 6-6.5 and 6-6.6 shall be increased eight (8) 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 section.

(Ord. #74-210, § 9)

The location selected for measuring exterior noise levels shall be at any point on the affected residential property. In the case of interior noise measurement, the windows shall be closed and the measurements shall be made at a point at least four (4) feet from the wall, ceiling or floor nearest the noise source in the affected residential or institutional unit.

(Ord. #74-210, § 10)

The Orange County Health Officer and his duly authorized representatives are directed to enforce the provisions of this section. The Orange County Health Officer and his 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.

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

(Ord. #74-210, § 11)

The owner or operator of a noise source which violates any of the provisions of this section may file an application with the Health Officer for a variance from the provisions thereof 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 as determined by the City Council. 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 recommendation thereon within thirty (30) days to the Noise Variance Board of the City for action thereon in accordance with the provisions of this section.

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

(Ord. #74-210, § 12)

The Noise Variance Board shall evaluate all applications for variance from the requirements of this section 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 section. 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 said 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 said Board shall be by resolution and shall be transmitted to the Health Officer for enforcement. Any violation of the terms of said variance shall be unlawful.

(Ord. #74-210, § 13)

Within fifteen (15) 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 hereinafter. If the actual cost of such preparation differs from the estimated cost, appropriate payments shall be made either to or by the Secretary.

Within fifteen (15) days following receipt of a notice of appeal and the 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 attacking 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 (10) days prior to the hearing date.

Within sixty (60) 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 subsections 6-6.12 and 6-6.13.

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 (60) day period shall constitute an affirmance of the decision.

(Ord. #74-210, § 14)

The provisions of this section shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law.

(Ord. #74-210, § 15)