Weed Municipal Code Ch. 9.18 Noise Control

In order to control unnecessary, excessive and annoying noise in the city it is declared to be the policy of the city to prohibit such noise generated from or by all sources as specified in this chapter. It shall be the policy of the city to maintain quiet in those area which exhibit low noise levels and to implement programs aimed at reducing noise in those areas within the city where noise levels are above acceptable values.

It is determined that certain noise levels are detrimental to public interest. Therefore, the city does ordain and declare that creating, maintaining, causing or allowing to be created, caused or maintained, any noise in a manner prohibited by or not in conformity with the provisions of this chapter, is a public nuisance.

(Ord. 288-92 §1 (part), 1992).

For the purposes of this chapter, the following definitions will apply:

"Ambient noise level" means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.

"A-weight sound level" means the sound level in decibels as measured on a sound level meter using the A-weight network. The level so read is designated bd(a) or dBA.

Commercial Area. As defined in the community (comprehensive plan) zoning ordinance.

"Construction" means any site preparation, assembly, erection, substantial repair, alteration, or similar action, for or of public or private rights-of-way, structures, utilities, or similar property.

"Decibel" means a unit for measuring the amplitude of a sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals.

"Demolition" means any dismantling, intentional destruction, or removal of structures, utilities, public or private right-of-way surfaces, or similar property.

"Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

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

"Impulsive sound" means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.

Industrial Area. As defined in the community (comprehensive plan) zoning ordinance.

"Intrusive noise" means that noise which intrudes over and above existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency, and time of occurrence, and tonal or informational content as well as the prevailing ambient noise level.

"Licensed" means the possession of a formal license or a permit issued by the appropriate jurisdictional authority; or, where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record.

"Mobile noise source" means any noise source other than a fixed noise source.

Motor Vehicle. "Motor vehicle" includes any and all as defined in the California Motor Vehicle Code, including all on-highway type motor vehicles subject to registration under said Code, and all off-highway type motor vehicles subject to identification under said Code.

"Muffler or sound dissipative device" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise.

"Noise disturbance" means any sound which, as judged by the chief of police or his designated representative, violates the limits set forth in this chapter. Compliance with this chapter shall constitute elimination of a noise disturbance.

"Noise zone" means any defined areas or regions of land use as shown in the Noise Element in the General Plan for the city.

"Person" means any individual, association, partnership, or corporation, and includes any officer, employee, department, agency, or instrumentality of a state or any political subdivision of a state.

"Powered model vehicle" means any self-propelled air-borne, waterborne or landborne plane, vessel, or vehicle, which is not designed to carry persons, including but not limited to, any model airplane, boat, car, or rocket.

"Public right-of-way" means any real property or structures thereon which are owned or controlled by a governmental entity, and over or through which the public may drive or ride a bicycle.

"Pure tone" means any sound which can be judged as audible as a single pitch or a set of single pitches by the chief of police or his designated representative. In case of dispute, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the city contiguous one-third octave bands by five dBA for center frequencies of 500 Hz and above and by eight dBA for center frequencies between 160 and 400 Hz and by 15 dBA for center frequencies less than or equal to 125 Hz.

"Real property boundary" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.

Residential Area. As defined in the community (comprehensive plan) zoning ordinance.

"Sound amplifying equipment" means any device for the amplification of the human voice, music, or any sound, excluding standard.

"Sound level meter" means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for type S2A meter in ANSI specifications for sound level meters, S1.4-1971, or most recent revision thereof.

"Sound truck" means any motor vehicle, or any other vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment.

"Weekday" means any day, Monday through Friday, which is not a legal holiday.

(Ord. 288-92 §1 (part), 1992).

Upon receipt of a complaint from a citizen, the chief of police or his designated representative, equipped with sound level measurement equipment satisfying the requirements defined in Section 9.18.020 shall investigate the complaint. The investigation shall consist of a measurement and the gathering of data to define adequately the noise problem and shall include the following:

A. Nonacoustic Data.

1. Type of noise source.

2. Location of noise relative to complainants property,

3. Time period during which noise source is considered by complainant to be intrusive.

4. Total duration of noise produced by noise source,

5. Date and time of noise measurement survey;

B. Noise Measurement Procedure. Utilizing the "A" weighting scale of the sound level meter and the "slow" meter response (fast for impulsive type sounds), the noise level shall be measured at a position or positions at any point on the emitter's property line.

In general the microphone shall be located four to five feet above the ground, ten feet or more from the nearest reflective surface, where possible; however, in those cases where another elevation is deemed appropriate, the latter shall be utilized. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.

(Ord. 288-92 §1 (part), 1992).

A. Maximum Permissible Sound Levels by Receiving Land Use.

1. The noise standards for the various zones as presented in Table I set forth in Section 9.18.100, shall, unless otherwise specifically indicated, apply to all property within a designated zone.

2. No person shall operate or cause to be operated, any source of sound at any location within the incorporated limits, or allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured at his/her property line to exceed the limits in Table I set forth in Section 9.18.100 for more than seven and one-half minutes in a fifteen minute period.

3. If the ambient level differs from the permissible, the allowable noise exposure standard shall be adjusted in the five dBA increments in each category as appropriate to encompass or reflect said ambient noise level.

4. If the measurement location is on a boundary between two different zones, the noise limit applicable to the lower zone shall apply.

B. Correction for Character of Sound. In the event the alleged offensive noise, as judged by the chief of police or his representative, contains a steady audible tone such as a whine, screech, or hum; or is a repetitive noise such as hammering or riveting, or contains music or speech, the standard limits set forth in Table I set forth in Section 9.18.100 shall be reduced by five dBA.

(Ord. 288-92 §1(part), 1992).

Maximum Permissible Dwelling Interior Sound Levels.

A. The interior noise standards for multifamily dwellings as presented in Table II set forth in Section 9.18.100 shall apply, unless otherwise specifically indicated, within all such dwellings with windows in their normal seasonal configuration.

B. No person shall operate or cause to be operated within a dwelling unit, any source of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed:

1. The noise standard specified in Table II set forth in Section 9.18.100 for a cumulative period of more than five minutes in any hour; or

2. The noise standard plus five dBA for a cumulative period of more than one minute in any hour; or

3. The noise standard plus ten dBA of the maximum measured ambient, for any period of time.

C. If the measured ambient level differs from that permissible within any of the noise limit categories, the allowable noise exposure standard shall be adjusted in the five dBA increments in each category as appropriate to reflect said ambient noise levels.

D. Correction for Character of Sound. In the event the alleged offensive noise, as judged by the chief of police or his representative, contains a steady, audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limit set forth in Table II Section 9.18.100 shall be reduced by five dBA.

(Ord. 288-92 §1(part), 1992).

A. Noise Disturbance Prohibited. No person shall unnecessarily make, continue, or cause to be made or continued, any noise disturbance.

B. Specific Prohibitions. The following acts, and causing or permitting thereof, are declared to be in violation of the chapter:

1. Radios, television, musical instruments, and similar devices: operating, playing or permitting the operation of any radio, television, phonograph, drum, musical instrument, or similar device which produces or reproduces sound between ten p.m. and seven a.m. in such a manner as to create a noise disturbance across a residential or commercial real property line or at any time violates the provision of Section 9.18.040 and 9.18.050, of this chapter except of those activities permitted by the city.

2. Loudspeakers (Amplified Sound). Using or operating for any purpose any loudspeaker, loudspeaker system, or similar device between the hours of ten p.m. and seven a.m. in such a manner as to create a noise disturbance across a residential real property line, or at any time violates the provision of Section 9.18.040 and 9.18.050 of this chapter except for any noncommercial public speaking, public assembly, or other activity permitted by the city.

3. Animals and Birds. No person shall own, as described in the provisions of Section 6.04.040 of this code, any animal which frequently or for long durations makes sounds which create a noise disturbance across a residential or commercial real property line or within a noise sensitive zone.

4. Motorized recreation vehicles operating off public right-of-way. No person shall operate or cause to be operated any motorized recreational vehicle off a public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of Section 9.18.040. This section shall apply to all motorized recreational vehicles, whether or not duly licensed and registered, including but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, campers, and dune buggies.

(Ord. 288-92 §1(part), 1992).

A. Motor vehicle noise limits on a public right-of-way are regulated by the California Vehicle Code, Section 23130 and 23130.5. Equipment violations which create noise problems are covered under Section 27150 and 27151. Therefore, it shall be the policy of this city to enforce these sections of the California Vehicle Code.

B. Standing Motor Vehicles. No person shall operate or permit the operation of any motor vehicle with a gross weight rating (GVWR) in excess of ten thousand pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than fifteen minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public right-of-way or public space within one thousand five hundred feet of a residential area or designated noise sensitive zone, between the hours of ten p.m. and seven a.m.

(Ord. 288-92 §1(part), 1992).

A. Emergency. The provisions of this chapter shall not apply to: (1) the emission of sound for the purpose of alerting persons to the existence of an emergency; or (2) the omission of sound in the performance of emergency work;

B. Warning Devices. Warning devices necessary for the protection of public safety, as for example, police, fire, and ambulance sirens, burglar alarm (in proper working order and shut off promptly), and auto alarms (with automatic shut-off features), etc.;

C. Outdoor Activities. The provisions of this chapter shall not apply to occasional outdoor gatherings, public dances, shows and entertainment events, provided such events are conducted pursuant to the permission of the city.

Applicants shall file their applications with the chief of police. If the requested exemption is within the jurisdiction of the Weed Recreation and Park District, it shall first be filed with its director, and upon written approval by the director, or board of the district, it may be filed with the chief of police. The chief shall consider public health and safety, but shall not unreasonably withhold permission.

The decision of the chief of police may be appealed to the city administrator by written notice of appeal filed within seven days of the chief's decision. The city administrator shall consider all evidence, written or oral, presented by the applicant, and shall rule on the appeal within ten days of its filing. The chief of police shall prepare application forms and have them available to the public;

D. Temporary use of domestic power tools, construction and demolition equipment;

E. Federal or state preempted activities.

(Ord. 288-92 §1(part), 1992).

A. Prima Facie Violation. Any noise exceeding the noise level limits specified in these provisions shall be deemed prima facie evidence of a violation of this chapter.

B. Violation—Infractions. Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined in an amount not to exceed the maximums established in Government Code Section 36900(b), which currently is one hundred dollars for a first offense, two hundred dollars for a second conviction within one year, and five hundred dollars for each additional conviction of the same ordinance within one year. Each hour that a violation is repeated or is permitted to continue shall constitute a separate offense and shall be punishable as such.

(Ord. 288-92 §1(part), 1992).

(Ord. 288-92 §1(part), 1992).