Westlake Village Municipal Code Ch. 4.4 Noise

This Chapter may be cited as the "Noise Control Ordinance of the City of Westlake Village."

(Ord. No. 61, Amended, 7/09/86; Ord. No. 104, Amended, 4/11/89)

It is hereby declared to be the policy of the City of Westlake Village to prohibit unreasonable, unnecessary, excessive or annoying noise and vibration in order to protect the public health and welfare from the harmful effects such noise has on people of ordinary sensitivity.

(Ord. No. 61, Amended, 7/09/86; Ord. No. 104, Amended, 4/11/89)

For the purposes of this Chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

"Ambient noise level" means the all-compassing 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.

"Decibel (dB)" means a unit which denotes the ratio between two 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.

"Noise level" means 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).

"Sound level meter" means 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.

(Ord. No. 166-00, Enacted, 9/27/00)

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

A. "City Manager" shall mean the City Manager of the City of Westlake Village or the City Manager's designee.

B. "Construction" shall mean 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.

C. "Emergency Machinery, Vehicle or Alarm" shall mean any machinery, vehicle or alarm used, employed, performed or operated 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.

D. "Emergency Work" shall mean any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency or work by private or public utilities when restoring utility services.

E. "Person" shall mean any individual, firm, association, partnership, joint venture or corporation.

F. "Weekday" shall mean any day, Monday through Friday, which is not a legal holiday.

G. "Unnecessary or unreasonable noise" shall mean any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a person or which causes injury to plant or animal life or damage to property or business.

(Ord. No. 61, Amended, 7/09/86; Ord. No. 104, Amended, 4/11/89)

No person shall make or suffer or permit to be made upon any premises owned, occupied or controlled by such person any unnecessary or unreasonable noises, sounds or vibrations which are: (1) physically annoying to reasonable persons of ordinary sensitivity, or (2) which are so harsh or so prolonged or unnatural or unusual in their use, time, or place as to occasion unnecessary and unreasonable discomfort to any person within the neighborhood from which said noises emanate, or (3) which interfere with the peace and comfort of residents or their guests, or the operators or customers in places of business in the vicinity, or which detrimentally or adversely affect such residences or places of business.

(Ord. No. 61, Amended, 7/09/86; Ord. No. 104, Amended, 4/11/89)

A. Except as otherwise allowed in this Chapter, no person shall create or allow the creation of noise, sound or vibration on any residential property or any property which abuts residential property, which causes the noise level to exceed five (5) dB(A) above the local ambient noise level as measured at any property line.

B. Except as otherwise allowed in this Chapter for those properties not governed by subsection A, no person shall create or allow the creation of noise, sound or vibration on any property, which causes the noise level to exceed eight (8) dB(A) above the local ambient noise level as measured at any property line.

C. Any noise level measurements made pursuant to this Section shall be performed using a sound level meter.

(Ord. No. 166-00, Enacted, 9/27/00)

Notwithstanding any other provisions of this Chapter, the following acts and the causing or permitting thereof, are declared to be in violation of this Chapter:

A. Unnecessary or Unreasonable Noises. The unnecessary or unreasonable making of, or knowingly and unnecessarily permitting to be made, any loud, boisterous and unusual noise, disturbance, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park or other place or building, except the ordinary and usual sounds, noises, commotion or vibration incidental to the operation of said places when conducted in accordance with the usual and normal standard of practice acceptable thereto and in a manner which will not disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators or customers of adjacent places of business.

B. Radios, Phonographs, etc. The using, operating or permitting to be played, used or operated between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday, and 12:00 a.m. and 7:00 a.m. on Friday and Saturday of any radio, musical instrument, phonograph, television set or instrument or device similar to those heretofore specifically mentioned for the production or reproduction of sound in volume sufficiently loud as to disturb the peace, quiet and repose of persons of ordinary and normal sensitiveness who are in the immediate vicinity of such machine or device.

C. Band or Orchestral Rehearsals. The conducting of or carrying on of band or orchestral rehearsals or practice between the hours of 10:00 p.m. and 7:00 a.m. sufficiently loud as to disturb the peace, quiet and repose of persons of ordinary and normal sensitiveness who are in the immediate vicinity of such band or orchestral rehearsals or practice.

D. Engines, Motors and Mechanical Devices Near Residential District. The sustained operation or use between the hours of 10:00 p.m. and 7:00 a.m. of any electric or gasoline powered motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, machine or mechanical device or other contrivance or facility unless such motor, engine, automobile, motorcycle, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible at a distance of fifty (50) feet from such structure, or within ten (10) feet of any residence.

E. Motor Vehicles. Racing the engine of any motor vehicle or needlessly bringing to a sudden start or stop of any motor vehicle.

F. Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to cause noise disturbance.

G. Construction. Operating or causing the operation of any tools, equipment, impact devices, derricks or hoists used in or otherwise engaging in any aspect of construction, drilling, repair, alteration, demolition or earthwork before 7:00 a.m. and after 7:00 p.m. Monday through Friday, before 8:00 a.m. and after 5:00 p.m. Saturday, and at any time on Sunday or holidays, except as provided in Section 4.4.050(D) herein.

H. Non-emergency Signaling Devices. Sounding or permitting the sounding of any electronically-amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, from any place, for more than 10 consecutive seconds in any hourly period.

Houses of religious worship shall be exempt from the operation of this provision.

I. Emergency Signaling Devices.

1. The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren whistle or similar emergency signaling device, for testing, except as provided in subsection 2.

2. Testing of an emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds. Testing of the emergency signaling system shall not occur more than once in each calendar month.

3. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within 15 minutes of activation.

(Ord. No. 61, Amended, 7/09/86; Ord. No. 104, Amended, 4/11/89)

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

A. Emergency Exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission 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 and train horns.

C. Outdoor Activities. Activities conducted on public playgrounds and public or private school grounds including but not limited to athletic and school entertainment events.

D. Construction - special circumstances. The provisions of Section 4.4.040 do not apply to any person who performs construction, repair, excavation or earth-moving work pursuant to the express written permission of the City Manager to perform such work at times prohibited in Section 4.4.040. The applicant must submit to the City Manager an application in writing, stating the reasons for the request and the facts upon which such reasons are based. The City Manager may grant written permission for the construction if he finds that:

1. The work proposed to be done is in the public interest; or

2. The building or structure involved is devoted or intended to be devoted to a use immediately incident to public defense.

Any applicant dissatisfied with the decision of the City Manager may appeal to the City Council by filing a Notice of Appeal with the City Clerk within ten days after notice of the City Manager's decision. The City Council shall, within thirty days of filing the appeal, affirm, reverse or modify the decision of the City Manager.

The provisions of Section 4.4.040 do not apply to the construction, repair, or excavation during prohibited hours as may be necessary for the preservation of life or property, when such necessity arises during such hours as the offices of the City are closed, or where such necessity requires immediate action prior to the time at which it would be possible to obtain a permit pursuant to this Section. The person doing such construction, repair or excavation shall obtain a permit therefor within one business day of such construction, repair or excavation.

E. Outdoor gatherings, public dances, shows and sporting events. Provided the events are conducted pursuant to a permit issued by the City Manager.

(Ord. No. 61, Amended, 7/09/86; Ord. No. 104, Amended, 4/11/89)

The City Manager shall have primary responsibility for the enforcement of the noise regulations contained herein. Nothing in this Chapter shall prevent the City Manager from obtaining voluntary compliance by way of warning, notice or education.

(Ord. No. 61, Amended, 7/09/86; Ord. No. 104, Amended, 4/11/89)

Any person violating any provision of this Chapter shall be deemed guilty of an infraction and shall be punishable as provided in Section 1.2.005(b) of this Code.

(Ord. No. 61, Amended, 7/09/86; Ord. No. 104, Amended, 4/11/89)

Any person who violates any provision of this Chapter is liable for a civil penalty of not more than $1,000,000. Each day during any portion of which a violation occurs shall constitute a separate offense. The City Attorney may seek injunctive, declaratory or any other equitable relief available to enforce the provisions of this Chapter.

(Ord. No. 61, Amended, 7/09/86; Ord. No. 104, Amended, 4/11/89)