9.24.010 Purpose
9.24.020 Exemptions
9.24.030 Sound Measurement Methodology
9.24.040 Sound Limits Residential and
Sensitive Receptors
9.24.050 Rail Yards and Trains
9.24.060 Noise Disturbances
9.24.070 Exceptions
9.24.080 Violations and Penalties
9.24.090 Definitions
It is declared to be the policy of the city in its exercise of the
police power to prohibit unnecessary, excessive and annoying sound levels
from all sources. At certain levels, such sounds become noise and are
detrimental to the health and welfare of the citizenry and, in the public
interest, are hereby systematically proscribed. This chapter is intended
to work in concert with and supplement Penal Code §370 (Public
Nuisances) and §415 (Disturbing the peace) and to establish local
community standards for noise regulation.
Noise or Sound emanating from the following sources and activities are exempt from the provisions of this title:
A. Sound sources typically associated with residential uses (e.g., children at play, air conditioning and similar equipment, but not including barking dogs).
B. Sound sources associated with property maintenance (e.g., lawn mowers, edgers, blowers, pool pumps, power tools, etc.) provided such activities take place between the hours of eight a.m. and nine p.m..
C. Safety, warning and alarm devices, including house and car alarms, and other warning devices which are designed to protect the health, safety and welfare.
D. The normal operation of public and private schools typically consisting of classes and other school-sponsored activities.
E. Sound sources associated with outside activities on public property (e.g., athletic events, sporting events, fairs, entertainment events) between the hours of eight a.m. and ten-thirty p.m., Sunday through Thursday, and between the hours of eight a.m. and eleven p.m. Friday, Saturday and City-recognized holidays. Provided amplified sound does not exceed seventy five (75) dBA, at the property line of the property on which the event is being held.
F. Maintenance of public facilities, including but not limited to parks, landscape corridors, golf courses, aquatic complexes and other recreational facilities.
G. Governmental operations required to provide services, including but not limited to refuse collection, street sweeping, normal operation of golf courses, aquatic complexes and other recreational facilities including use of controlled amplified sound equipment (e.g. golf course public address systems), and other similar service activities.
H. Governmental operations necessary to provide essential services including but not limited to waste water treatment plants, pumping and lift stations, water treatment plants, electric substations, fire stations, police stations and other civic buildings.
I. Governmental projects, where the City Manager or his or her designee including but not limited to Public Works Director, Environmental Utilities Director and Parks and Recreation Director finds that extended or special hours of construction are necessary. This exemption shall be limited to circumstances where the public health safety and welfare require that the special or extended construction hours be allowed and that every reasonable measure has been taken to minimize noise impacts on persons nearby.
J. Emergencies, involving the execution of the duties of duly authorized governmental personnel including but not limited to sworn peace officers, emergency personnel, Environmental Utilities Director and the Public Works Director and the operation of emergency response vehicles and equipment.
AA. Private construction (e.g., construction, alteration or repair activities) between the hours of seven a.m. and seven p.m. Monday through Friday, and between the hours of eight a.m. and eight p.m. Saturday and Sunday. Provided, however, that all construction equipment shall be fitted with factory installed muffling devices and that all construction equipment is maintained in good working order.
BB. Railroad safety devices (e.g., train horns, train whistles, automated warning systems) used in emergencies or as required for the safe operation of rail traffic.
9.24.030 Sound Measurement Methodology.
A. Compliance with this chapter shall be determined using methodology described in this section. Sound measurement shall be made with a sound level meter using the A-weighting network at slow meter response, except that fast meter response shall be used for impulsive type sounds. Sound measurement for amplified sound (low frequency sound) shall utilize the methodology identified in Section 9.24.040.
B. Calibration of the measurement equipment utilizing an acoustical calibrator meeting American National Standards Institute (ANSI) standards shall be performed immediately prior to recording any sound data.
C. Exterior sound levels shall be measured at the property line or at any location within the property of the of the affected residence, school, hospital, church, public library, or sensitive receptor. Sound measurements shall be taken in such a manner and location so that it can be determined whether sound level standards are exceeded at the property line. Where practical, the microphone of the sound level meter shall be positioned three to five feet above the ground and away from reflective surfaces. The actual location of the sound measurements shall be at the discretion of the sound sampling acoustic specialist.
D. It is unlawful for any person to refuse to cooperate with or to obstruct any Governmental agent, officer or employee in determining the ambient sound level of a commercial, non-commercial or public sound source. Such cooperation shall include, but is not limited to, the shutting off or quieting of any sound source so that an ambient sound level can be measured.
9.24.040 Sound Limits Residential and Sensitive Receptors.
A. It is unlawful for any person at any location to create any sound, or to allow the creation of any sound, on property owned, leased, occupied or otherwise controlled by such person which causes the exterior sound level when measured at the property line of any affected single or multiple-family residence, school, hospital, church, rest home, cemetery, public library or other sensitive receptor to exceed the sound level standards as set forth in Table 1, below.
Table 1 SOUND LEVEL STANDARDS (For non-transportation or fixed sound sources) |
Sound Level Descriptor |
Daytime
|
Nighttime
|
Hourly Leq, dB |
50 |
45 |
Maximum level, dB |
70 |
65 |
Table 2 Short term determination of equivalent hourly sound level (Leq) |
Measurement Period (minutes)
30 |
15 |
8 |
4 |
2 |
1 |
0.5 |
0.25 |
Equivalent Hourly Leq, dBA |
|
38 |
41 |
44 |
47 |
50 |
53 |
56 |
59 |
35 |
|
43 |
46 |
49 |
52 |
55 |
58 |
61 |
64 |
40 |
|
48 |
51 |
54 |
57 |
60 |
63 |
66 |
69 |
45 |
|
53 |
56 |
59 |
62 |
65 |
68 |
71 |
74 |
50 |
|
58 |
61 |
64 |
67 |
70 |
73 |
76 |
79 |
55 |
|
63 |
66 |
69 |
72 |
75 |
78 |
81 |
84 |
60 |
|
68 |
71 |
74 |
77 |
80 |
83 |
86 |
89 |
65 |
|
73 |
76 |
79 |
82 |
85 |
88 |
91 |
94 |
70 |
|
78 |
81 |
84 |
87 |
90 |
93 |
96 |
99+ |
75 |
B. In addition to the sound level standards established in Table 1, it is unlawful for any person at any location to produce amplified music or sound which causes the exterior sound level when measured at the property line of any affected single-or multiple-family residence, school, hospital, church, rest home, cemetery, public library or other sensitive receptor to exceed the sound level standards as set forth in Table 3, below.
Table 3 SOUND LEVEL STANDARDS (For Amplified Sound) |
Sound level Descriptor |
Daytime (7a.m. to 10 p.m.) |
Nighttime (10 p.m. to 7 a.m. |
Leq A weighting dBA |
50 |
45 |
Leq C weighting dBC |
75 |
70 |
9.24.050 Rail Yard and Trains.
A. Notwithstanding Section 9.24.040A and B, the following standards apply to rail yards and trains. It is unlawful for any person in the operation of the rail yard to create any sound, or to allow the creation of any sound, on property owned, leased, occupied or otherwise controlled by the rail yard in excess of eighty nine ( 89) dBA measured at any point three hundred feet distant from the property line of the rail yard. Sound measurements shall be taken in such a manner and location so that it can be determined whether sound level standards are exceeded at three hundred feet from the property line.
A. Notwithstanding any other provisions of this chapter, and in addition thereto, it is unlawful for any person to willfully make or continue or cause to be made or continued, any loud, unnecessary, excessive or offensive noise or unusual sound which unreasonably disturbs the peace and quiet of any residence or sensitive receptor or which causes discomfort or annoyance to any reasonable person of normal sensitivity in the area.
B. In determining whether a violation of the provisions of this section exists the enforcement officer shall consider the following:
C. Violations of this section are violations of this chapter and are enforceable as provided in Section 9.24.080 below.
A. An exception may be requested from any section and provision of this chapter. Requests for exceptions shall be applied for on application forms provided by the City Manager or his or her designee . Exceptions for sound associated with construction activities and special events shall conform to the criteria listed in section 9.24.070.B and C., respectively. All other requests for exception shall be evaluated against the criteria stated in section 9.24.070.D..
B. If the applicant can show to the City Manager, or his or her designee that a diligent investigation of available sound suppression techniques for construction-related noise indicates that immediate compliance with the requirements of this chapter would be impractical or unreasonable, due to the temporary nature or short duration of the exception, a permit to allow exception from the provisions contained in all or a portion of this chapter may be issued. Factors which the approving authority must consider for construction related exceptions shall include but not be limited to the following:
1. Conformance with the intent of this chapter;
2. Uses of property and existence of sensitive receptors within the area affected by sound;
3. Factors related to initiating and completing all remedial work;
4. The time of the day or night the exception will occur;
5. The duration of the exception; and
6. The general public interest, welfare and safety.
C. If the applicant can show to the City Manager, or his or her designee that the characteristics of a special event indicate that immediate compliance with the requirements of this chapter would be impractical due to the type of event or unreasonable due to its temporary nature or short duration, a permit allowing an exception from the provisions of this chapter may be issued. Factors considered for Special events related exceptions shall include but not be limited to the following:
1. Conformance with the intent of this chapter;
2. Uses of property and existence of sensitive receptors within the area affected by sound;
3. Hardship to the applicant, or community of not granting the exception
4. The time of the day or night the exception will occur;
5. The duration of the exception; and
6. The general public interest, welfare and safety.
D. If the applicant can show to the City Manager, or his or her designee that immediate compliance with the requirements of this chapter would not result in a hazardous condition or nuisance, and strict compliance would be unreasonable due to the circumstances of the requested exception, a permit to allow exception from the provisions contained in all or a portion of this chapter may be issued. Factors considered for all requests for exceptions, other than construction or special events, shall include but not be limited to the following:
1. Conformance with the intent of this chapter and General Plan Policies;
2. Uses of property and existence of sensitive receptors within the area affected by sound;
3. Factors related to initiating and completing all remedial work;
4. Age and useful life of the existing sound source;
5. Hardship to the applicant, or community of not granting the exception
6. The time of the day or night the exception will occur;
7. The duration of the exception; and
8. The general public interest, welfare and safety.
E. Within ten (10) days of receipt of the application, the City Manager or his or her designee shall either (1) approve or conditionally approve such request in whole or in part, (2) deny the request, or (3) refer the request directly to the City Council for action at the next available Council meeting thereon in accordance with the provisions of this chapter. In the event the exception is approved, reasonable conditions may be imposed which minimize the public detriment and may include restrictions on sound level, sound duration and operating hours, an approved method of achieving compliance and a time schedule for its implementation.
F. Where a request for exception is associated with a discretionary permit, the exception shall be processed concurrently with the discretionary permit. The approving authority for the discretionary permit shall also be the be the approving authority for the exception. Factors which the approving authority must consider for requests for exception shall be those factors identified in section 9.24.070.A.B. and D. dependent upon the type of exception requested. The approving authority for an exception processed with a discretionary permit shall either (1) approve or conditionally approve such request in whole or in part, or (2) deny the request.
G. Where an Approving Authority or City Manager or his or her designee has approved an exception and complaints are received related to the exception the approving body has the authority to take action as he or she deems necessary to reduce the sound impacts including modification or revocation of the exception.
H. Any person aggrieved with the decision of the approving authority, City Manager or his or her designee may appeal to the City Council by filing written notice of appeal with the City Clerk within ten (10) days of the decision. The City Councils decision shall be final and shall be based upon the considerations set forth in this section.
9.24.080 Violations and Penalties.
A. Violations of this chapter shall be infractions or misdemeanors at the discretion of the City Attorney. Each day any such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
B. Recovery of Costs for Abatement
C. Enforcement by Private Action
In addition to other remedies specified herein, any person affected or whose property is affected by a violation of this chapter, which shall be established according to the standards contained herein this chapter, shall have a direct right of action against a violator in any court of competent jurisdiction for abatement of such violation and/or to recover not to exceed five hundred (500) dollars plus court costs and reasonable attorney fees for each day a violation has occurred provided such action is commenced not later than sixty (60) days from the date of such violation.
D. Nonexclusive remedy
The following words, phrases and terms as used in this chapter shall have the following meanings:
A) "Ambient sound level" means the composite of normal or existing sound from all sources measured at a given location for a specified time of the day or night. The ambient sound level shall be measured with a precision sound level meter, using slow response and "A" weighting. The minimum sound level shall be determined with the sound source at issue silent.
B) Approving Authority means the designated body or persons authorized to grant approval or deny a discretionary permit or an exception to this chapter.
C) A-Weighting means a frequency response adjustment of a sound level meter that conditions the output signal to approximate human response.
D) C Weighting means the weighting network which best represents the response of the human ear to higher intensity low frequency noise.
E) "Decibel" means a unit for measuring the relative loudness of sounds equal approximately to the smallest degree of difference of loudness ordinarily detachable by the human ear whose range includes approximately one hundred thirty decibels on a scale beginning with one for the faintest audible sound.
F) Discretionary Permit means a permit issued by the City other than ministerial permits, including but not limited to Conditional Use Permits, Tentative Subdivision Maps, Design Review Permits and Administrative Permit.
G) "Enforcement officer" means the City Manager or his or her designee.
H) "Equivalent Hourly Sound Level (Leq)" means the sound level corresponding to a steady state A weighted sound level containing the same total energy as the actual time-varying sound level over a one-hour period.
I) "Fixed sound source" means a device or machine which creates sounds while fixed or stationary, including but not limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment also includes motor vehicles operated on private property.
J) "Intruding sound level" means the sound level created, caused, maintained or originating from an alleged offensive source, measured in decibels, at a specified location while the alleged offensive source is in operation.
AA) Noise means any loud discordant or disagreeable sound or sounds.
BB) One-Third Octave Band means the sound level contained within a frequency band which is one third of an octave wide. Each one third band center frequency increases by a factor of 1.26 (cube root of 2). Examples of one third octave band center frequencies include 50, 63, 80, 100, 125, 160, etc. hertz. Describing sound levels in one third octave bands provides information as to the tone of the noise (low frequency versus high frequency), in addition to the intensity of the noise.
CC) "Property line or plane" means a vertical plane including the property line which determines the property boundaries in space. When the term "property line" is used in this chapter, it refers to property plane.
DD) "Public property" means any property owned by a public agency and held open to the public, including but not limited to parks, streets, sidewalks, and alleys.
EE) "Residential property" means a parcel of real property which is zoned for residential use.
FF) "School" means institutions conducting regular academic instruction at preschool, kindergarten, elementary, secondary or collegiate levels.
GG) Sensitive Receptor means a land use in which there is a reasonable degree of sensitivity to noise. Such uses include single-family and multi-family residential uses, schools, hospitals, churches, rest homes, cemeteries, public libraries and other sensitive uses as determined by the enforcement officer.
HH) "Simple tone noise" means any sound which is distinctly audible as a single pitch (frequency) or set of pitches. Includes sound consisting of speech and music.
II) "Sound level" means the sound pressure level in decibels as measured with a sound level meter using the A-weighting network. The unit of measurement is referred to herein as dBA.
JJ) "Sound level meter" means an instrument meeting American National Standard Institute Standard S1.4A-1985 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. "Precision sound level meter" means a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute Standard S1.4, "Specification for Sound Level Meters."