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ORDINANCE NO. 1026 (1984 SERIES)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REPEALING CHAPTER 9.12 OF THE SAN LUIS OBISPO MUNICIPAL
CODE, ADDING A NEW CHAPTER 9.12 (NOISE CONTROL ORDINANCE)
AND AMENDING SECTIONS 1.12.060 AND 1.12.080 TO CONFOR4 WITH THE
NEW NOISE CONTROL ORDINANCE
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Chapter 9.12 of the San Luis Obispo Municipal Code is
hereby repealed.
SECTION 2. Chapter 9.12, Noise Control Ordinance, is hereby added to
the San Luis Obispo Municipal Code to read as follows in the attached
Exhibit "A ".
SECTION 3. Section 1.12.060 of the San Luis Obispo Municipal Code is
hereby amended to read as follows:
1.12.060 Designation of infractions
A violation of any of the following provisions shall constitute an
infraction, and not a misdemeanor:
Chapters 3.04 and 3.08 - Tax Procedures;
Chapters 10.04 -10.76 and 10.84 - Traffic Regulations;
Title 6 - Animal Regulations;
Chapter 12.24 - Tree Regulations;
Chapter 5.04 - Business Licenses;
Chapter 3.12 - Uniform Sales and Use Tax;
Chapter - 9:12-=- Noise-Control- Ordinance;
Chapter 12.04 - 12.16 - Street Excavations;
Chapter 13.04 - Public Utilities and Rates.
ss�0 0 1026
Ordinance No. 1026 (1984 Series)
Page 2
SECTION 4. Section 1.12.080 of the San Luis Obispo Municipal Code is
hereby amended to read as follows:
1.12.080 Continuing violations.
Except as otherwise provided in this Code; it shall constitute a new
and separate offense for each and every day during any portion of
which a violation of; or failure to comply with; any provision or
requirement of this code is ccnraitted; continued or permitted by any
person and shall be punished accordingly.
SECTION 5. A summary of these regulations shall be published at
least three (3) days prior to their final passage, in the Telegram - Tribune
a newspaper published and circulated in said City.. The regulations shall
take effect thirty (30) days after their final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a meeting held on the 2nd day of October; 1984; on motion of
- Coudcilwdinari`dvdy _ _ seconded -n-- . .
by Coucilman Griffin
and on the following roll call vote:
AYES: Councilmembers Dovey, Griffin, Settle and Mayor Billig
NOES: Councilman Dunin .
Ordinance No. 1026 (1984 Series)
Page
APPROVED:
�' �� � C
City Administrative60ff cer, Paul Lanspery
Ci y Attorney, Roger Picquet '
- Gtc` j
U Police 9lief, Roger Neuman
�` Director of &munity Development, Toby Ross
EXHIBIT A
Chapter 9.12 is added to the San Luis Obispo Municipal Code to read as
follows;
WAR
9.12.010 DECLARATION OF POLICY 3
9.12.020 DEFINITIONS 4
9.12.030 AUTHORITY AND DUTIES OF NOISE CONTROL OFFICE(R) 9
9.12.040 GENERAL NOISE REGULATIONS 10
9.12.050 PROHIBITED ACTS
9.12.060
EXTERIOR NOISE LIMITS
17
9.12.070
`
INTERIOR NOISE LIMITS
20
9.12.080
MOTOR VEHICLE NOISE LIMITS
22
9.12.090
SPECIAL PROVISIONS (EXEMPTIONS)
23
9.12.100
SPECIAL EXCEPTIONS
25
9.12.110
ENFORCEMENT
27
9.12.010
DECLARATION OF POLICY
In order to control unnecessary, excessive and annoying noise and vibration
in the City of San Luis Obispo, it is hereby declared to be the policy of the
City to prohibit such noise and vibration generated from or by all sources as
specified in this chapter. It shall be the policy of the City to maintain
quiet in those areas which currently 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 and vibrations are detrimental to
the public health, welfare and safety, and are contrary to public interest.
Therefore, the City Council does ordain and declare that creating,
maintaining, causing or allowing to be created, caused or maintained, any
noise or vibration in a manner prohibited by or not in conformity with the
provisions of this chapter, is a public nuisance and shall be punishable as
such in any manner provided by law, including but not necessarily limited to
the filing of a civil or criminal action.
N
9.12.020
DEFINITIONS
A. TERMINOLOGY;
All terminology used in this ordinance, not defined below, shall be in
conformance with applicable publications of the American National Standards
Institute (ANSI) or its successor body.
B. A-WEIGHTED_SOUND_LEVEL;
The sound level in decibels as measured on a sound level meter using the
A-weighting network. The level so read is designated dB(a) or dBA.
C. AGRICULTURAL_PROPERTY;
.
As designated on the official zoning map of the City of San Luis Obipso.
D. AMBIENT_NOISE_LEVEL;
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.
E. COMMERCIAL_AREA;
lhose areas designated C-N, C-R, C-C, and C-T on the official zoning map of
the City of San Luis Obispo.
F. COMMERCIAL_LIMITED�
Those areas designed O and PF on the official zoning
Luis Obispo.
G. CONSTRUCTION;
Any site preparation, assembly, erection, substantia
similar action, for or of public or private rights-o
utilities or similar property.
H. qHUMIYEAMPT
map of the City of San
I repair, alteration, or
F-way, structures,
An additive period of time composed of individual time segments which may be
continuous or interrupted.
3
I. DECIBEL;
A unit for measuring the amplitude of a sound, equal to 20 times the
logarithm to the base 10 of the ratio of the pressure of the sound measured
to the reference pressure, which is 20 micropascals.
J. DEMOLITION;
Any dismantling, intentional destruction or removal of structures, utilities,
public or private right-of-way surfaces, or similar property.
K. MEMPUNPOP
Any work performed for the purpose of preventing or alleviating the physical
trauma or property damage threatened or caused by an emergency.
L. FIXED_NOISE_SOURCE;
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.
M. GROSS_VEHICLE_WEIGHT_RATING (GVWR);
The value specified
by the manufacturer as the
recommended maximum loaded
weight of a
single
motor vehicle. In cases where
trailers and tractors are
separable,
the gross
combination weight rating,
which is the value specified
by the manufacturer
as the recommended maximum
loaded weight of the
comb/nation
vehicle,
shall be used.
N. IMPULSIVE_SOUND;
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.
U.
INDUSTRIALAREA;
As designated on the official zoning map of the City of San Luis Obispo.
It
1%
P. INTRUSIVE_NOISE;
That noise which intrudes over
and above
the 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
ordinance.
ambient noise level.
Q. MOBILE NOISE
-------------------
SOURCE;
constitute
elimination
of a noise disturbance.
Any noise source other than a fixed noise source.
R. MOTOR_VEHICLE;
Motor vehicle shall include any and all self-propelled vehicles as defined in
the California 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.
S.
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
combust|on engine, and effective in reducing noise"
r. NOISE_CONTROL_OFFICE(R) (NCO);
The municipal agencies or departments having lead responsibility for this
ordinance will be the Community Development Department and the Police
Department.
U. NOI�E_DISTURBANCE;
Any sound which, as
determined
by the Noise
Control Officer, (a) endangers or,
injures the safety
or health of
human beings
or animals, or (b) annoys or
disturbs reasonable
persons of
normal sensitivities,
or (c) endangers or,
injures personal or
real property,
or (d) violates
the factors set forth in
Section 060 of this
ordinance.
Compliance
with the quantitative standards as
listed herein shall
constitute
elimination
of a noise disturbance.
V. NOISE_ZONE;
Any defined areas or regions of a generally consistent land use wherein the
ambient noise level's are within a range of 5 dB.
5
W. PERSON;
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.
X. POWERED_MODEL_VEHICLE;
Any self-propelled, airborne, 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.
Y. PUBLIC_RIGHROFMAY;
Any street, avenue, boulevard, highway, sidewalk or alley or similar place
which is owned or controlled by a governmental entity.
Z. COMMON;
/
Any real property or structures thereon which are owned or co/trolled by a
governmental entity.
AA. PURE_TONE;
Any sound which can be judged as audible as a single pitch or a set of single
pitches by the Noise Control Officer. For the purposes of this ordinance, 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 two contiguous one-third octave bands by 5 dB for center
Frequencies of 500 Hz and above and by 8 dB for center frequencies between
160 and 400 Hz and by 15 dB for center frequencies less than or equal to
125 Hz.
BB. R��L-PROP�RTY-BOUNDARY;
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.
CC. RAIRMIGAR91;
Any area within City including R1, R2, R3, R4 as defined by City Zoning
Ordinance.
6
DD. SOUND_AMPLIFYING_EQUIPMENT;
Any device for the amplification of the human voice, music, or any other
sound, excluding standard automobile radios when used and heard only by the
occupants of the vehicle in which the radio is installed, and, as used in
this chapter, warning devices on authorized emergency vehicles or horns or,
other warning devices on any vehicle used only for traffic safety purposes.
EE. SOUND_LEVEL_METER;
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 62A meters in American
National Standards Institute specifications for sound level meters,
51.4-1971, or the most recent revision thereof.
FF. SOUND_TRUCK;
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.
GG. VIBRATION_PERCEPTION_THRESHOLD;
The minimum ground- or structure-borne vibrational motion necessary to cause
a normal person to be aware of the vibration by such direct means as, but not
limited to, sensation by touch or visual observation of moving objects. The
perception threshold shall be presumed to be a motion velocity of 0.01 in/sec
over the range of 1 to 100 Hz.
7
9.12.030
AUTHORITY AND DUTIES OF THE
NOISE CONTROL OFFICE(R) (NCO)
A. LEAD_(AGENCY/OFFICIAL);
The noise control program established by this ordinance shall be administered
by the Community Development Department (Administration/Special Exceptions/
Zoning Enforcement) and the police Department (Noise Violation Enforcement).
8
9.12.040
GENERAL NOISE REGULATIONS
Notwithstanding any other provision of this chapter, and in addition thereto,
it shall be unlawful for any person to willfully or negligently make or
continue, or cause to be made or continued, any loud, unnecessary, or unusual
noise which disturbs the peace and quiet of any neighborhood or which causes
any discomfort or annoyance to any reasonable person of normal sensitivity
residing in the area.
No permit shall be issued for any activity that may violate this section.
The factors which shall be considered in determining whether a violation of
the provisions of this section exists shall include, but not be limited to,
the following;
A.
The
sound level
of the objectionable noise.
B.
The
sound level
of the ambient noise.
C.
The
proximity of
the noise to residential sleeping facilities.
D.
The
nature and
zoning-of the area within which the noise emanates.
E.
The
number of persons
affected by the noise source.
F.
The
time of day
or night the noise occurs.
G.
The
duration of
the noise and its tonal, informational or musical
content.
H.
Whether
the noise
is continuous, recurrent, or intermittent.
I.
Whether the noise
is produced by a commercial or non-commerciai
activity.
9
9.12.050
^PROHIBITED ACTS
A. NOISE_DISTURBANCES_PROHIBITED;
No person shall unnecessarily make, continue, or cause to be made or
continued, any noise disturbance.
B. SPECIFIC_PROHIBITIONS;
The acts, as set forth in Sections C through J, and the causing or permitting
thereof, are declared to be in violation of this ordinance;
C. RADIOS�_TELEVISION_SETS�_MUSICAL_INSTRUMENTS_AND_SIMILAR_DEVICES;
Uperating, playing or permitting the operation or playing of any radio,
television set, phonograph, drum, musical instrument, or similar device which
produces or reproduces sound;
1. Between the hours of 10 p.m. and 7 a.m. in such a manner as to
create a noise disturbance across a residential or commercial rea`
property line or at any time to violate the provisions of Section
060, except for activities for which a exception has been issued L
the Community Development Department.
2. In such a manner as to exceed the levels set forth for public
space in Table 060.1, measured at a distance of at least 50 elet
meters) from such device operating on a public right-of-wag or
public space.
D. LOUDSPEAKERS (AMPLIFIED _SOUND);
Using or operating for any
purpose any
loudspeaker, loudspeaker system,
or
similar device between the
hours of 10
p.m. and 7 a.m., such that
the sound
therefrom creates a noise
disturbance
across a residential real pr/perty
line, or at any time violates
the provisions
of Section 060, except
for any
non-commercial public speaking,
public
assembly or other activity
for which a
exception has been issued
by the Community
Development Department.
10
E. STREET_SALES;
Offering for
sale, selling anything,
or advertising by
shouting
or outcry
within any residentiai
or commercial
area of the City except
by
exception
issued by the
Community Development
Department. The provisions
of this
section shall
not be construed to prohibit
the selling
by outcry
of
merchandise,
food, and beverages at
licensed sporting events,
parades,
fairs,
circuses, or
other similar licensed
or permitted public
entertainment
events.
F^ ANIMALS_AND_BIRDS;
Owning, possessing or harboring any animal or bird which frequently or for
long duration, howls, barks, meows, squawks, or makes other sounds which
create a noise disturbance across a residential or commercial real property
line or within a noise sensitive zone.
G. LOADING_AND_UNLOADING;
Loading, unloading, opening, closing or other handling of boxes, crates,
containers, building materials, or similar objects between the hours of 10
p.m. and 7 a.m. in such a manner as to cause a noise disturbance across a
residential real property line or at any time to violate the provisions of
Section 060.
||. CONSTRUCTION/DEMOLITION;
1. Operating or causing the operation of any tools or equipment
used in construction, drilling, repair, alteration, or
demolition work between weekday hours of 7 p.m. and 7 a.m., or-
at any time on Sundays or holidays, such that the sound
therefrom creates a noise disturbance across a residential or,
commercial real property line, except for emergency work of
public service utilities or by exception issued by the
Community Development Department. (This section shall not
apply to the use of domestic power tools as specified in
Section 050 N)
2.
Where technically and economically feasible, construction
activities shall be conducted in such a manner that the maximum
noise levels at affected properties will not exceed those
listed in the following schedule;
11
AT RESIDENTIAL PROPERTIES;
00009_EWmA
Maximum noise levels for nonscheduled, intermittent,
short-term operation (less than 10 days) of mobile equipment;
Daily, except Sundays
and Legal Holidays
7 a.m. to 7 P.M.
Daily, 7 p.m. to 7 a.m.
and all day Sunday and
Legal Hol|days
Single Family
=id=0l
75 dBA
60 dBA
111000RCY_EWOM20
Multi-Family Mixed Residential/
80 dBA
65 dBA
85 dBA
70 dBA
Maximum noise levels for repetitively scheduled and relatively
long-term operation (periods of 10 days or more) of stationary
equipment;
Daily, except Sundays
and Legal Holidays...
7 a.m. to 7 P.M.
Daily, 7 p.m. to 7 a.m.
and all day Sunday and
Legal Holidays
AT BUSINESS PROPERTIES;
901112_EgMI M20t
Single Family
MOVES!.
60 dBA
50 dBA
Multi-Family Mixed-Residential/
65 dBA
55 dBA
70 dBA
60 dBA
Maximum noise levels for nonscheduled, intermittent, short-term
operation of mobile equipment;
Daily, including Sundays and Legal Holidays, all hours;
maximum of 85 dBA.
12
Sta-timary_EgyAwnt
Maximum noise levels for repetitively scheduled and relatively
long-term operations of stationary equipment;
Daily, including Sundays and Legal Holidays, all hours;
maximum of 75 dBA.
All mobile or stationary internal combustion engine powered
equipment or machinery shall be equipped with suitable exhaust
and air intake silencers in proper working order.
I. VIBRATION;
Operating or permitting the operation of any device that creates a vibration
which is above the vibration perception threshold of an individual at or
beyond the property boundary of the source if on private property or at 150
feet (46 meters) from the source if on a public space or public right-of-way.
J. POWERED_MODEL_VEHICLES;
Operating or permitting the operation of powered model vehicles;
(A) Between the hours of 7 p.m. and 7 a.m. so as to create a noise
disturbance across a residential or commercial real property
line or at any time to violate the provisions of Section 070.
(B) In such a manner as to exceed the levels set forth for public
space land use in Table 060.1 measured at a distance not less
than 100 feet (30 meters) from any point on the path of a
vehicle operating on public space or publi/c right-of-way.
13
M. EMERGENCY_SIGNALING_DEVICES;
1. The intentional so
any fire, burglar,
similar stationary
emergency purposes
subsection 2.
Anding or permitting the sounding outdoors of
or civil defense alarm, siren, whistle, or
emergency signaling device, except for
or for testing, as provided in the following
2. (a) Testing of a stationary emergency signaling device shall
not occur before 7 a.m. or after 7 p.m. Any such testing
shall use only the minimum cycle test time. In no case
shall such test time exceed 60 seconds.
(b) Testing of the complete emergency signaling system,
inciuding the functioning of the signaling device, and the
personnel response to the signaling device, shall not
occur more than once in each calendar month. Such testing
shall not occur before 7 a.m. or after 10 p.m. The time
limit specified in subsection 2.(a) shall not apply to
such complete system testing.
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 30 minutes of activation.
N, DOMESTIC_POWER_TOOLS�_MACHINERY;
1. Operating or
permitting the
operation of
any mechanically
powered saw,
sander, drill,
grinder, lawn
or garden tool, or
similar tool
between 10 p.m.
and 7 a.m.,
so as to create a
noise disturbance
across a residential
or
commercial real
property line.
2. Any motor, machinery,
etc., shali be suffic
so as not to create a
Section 060.
14
pump,
ientl9
noise
such as swimming pool equipment,
enclosed or muffled and maintained
disturbance in accordance with
U. RESIDENTIAL_AIR�CONDITIONING_OR_AIR�HANDLING_EQUIPMENT;
Operating or permitting the operation of any air-conditioning or air-handi}n0
equipment in such a manner as to exceed any of the following sound levels;
MaWwWW_LUMAD
Any point on neighboring property
line, 5 feet above grade level, no
closer than 3 feet from any wall.
Outside the neighboring living area
window nearest the equipment location,
not more than 3 feet from the window
opening, but at least 3 feet from any
other surface.
15
Units Installed
Before
1-1-80
---- dB(A)-------
60
55
Units Installed
On or After,
1-1-8O
---- dB(A)---------
55
Rout
9.12.060
EXTERIOR NOISE LIMITS
A. MAXIMUM_PERMISSIBLE_SOUND_LEVELS_AT_RECEIVING_LAND_USE;
1. The noise standards for the various categories of land use
identified by the Noise Control Office(r) as presented in Table
070.1 shall, unless otherwise specifically indicated, apply to
ali such property within a designated zone.
2. No person shall cause or allow to cause, any source of sound at
any location within the incorporated City 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 on any other property, either incorporated or,
unincorporated, to exceed;
(a) the noise standard for that land use as specified in Table
070.1 for a cumulative
period
of more than thirty minutes
in any hour; or
zones,
the noise
(b) the noise standard plus
5 dB
for a cumulative period of
more than fifteen minutes
in
any hour; or
(c) the noise standard plus
10 dB
for a cumulative period of
more than five minutes
in any
hour; or
(d) the noise standard plus
15 dB
for a cumulative period of
more than one minute in
any hour;
or
(e) the noise standard plus
20 dB
for any period of time.
,
3 If the measured ambient level
differs
from that permissible
perm ss e
within any of the first four
noise
limit categories above, the
allowable noise exposure standard
shall be adjusted in 5 dB
increments in each category
as appropriate
to encompass or,
reflect said ambient noise level.
In the event the ambient noise level exceeds the fifth noise
limit category, the maximum allowable noise level under this
category shall be increased to reflect the maximum ambient
noise level.
4. If the measurement
location
is on a boundary between two
different
zones,
the noise
level limit applicable to the lower
noise zone
plus 5
dB, shall
apply.
16
5. If possible, the ambient noise should be measured at the same
location along the property line utilized in 060, with the
alleged offending noise source inoperative. If for any reason
the alleged offending noise source cannot be shut down, the
ambient noise may be estimated by performing a measurement in
the same general area of the source but at a sufficient
distance such that the noise from the source is at least 10 dB
below the ambient in order that only the ambient level be
measured. If the difference between the ambient plus the noise
source and noise source is 5 to 10 dB, then the level of the
source itself can be reasonably determined by subtracting a one
decibel correction to account for the contribution of the
source.
B. CORRECTION_FOR_CHARACTER_OF_SOUND;
In the event the alleged offensive noise, as determined by the Noise Control
Officer, contains a steady, audible tone such as 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 070.1 shall be reduced by 5
dB.
17
TABLE 060.1
EXTERIOR NOISE LIMITS
(Levels Not To Be Exceeded More Than 30 Minutes In Any Hour)
Noise Level (dBA)
'
Zon|ng Time
Category Period
R1 & R2, C/OS
Low Density 10 pm - 7 am 50
Residential 7 am - 10 pm 55
R3&R4
High Density 10 pm - 7 am 50
Residential 7 am - 10 pm 55
O, PF 10 pm - 7 am 55
Ltd. Commercial 7 am - 10 pm 60
C-N, C-R, C-C,
C-T 10 pm - 7 am 60
Commercial 7 am - 10 pm 65
'
C-S
Light Industrial Any Time 70
M
Heavy Industrial Any Time 75
(1) The classification of different areas of the community in terms of
environmental noise zones shall be determined by the Noise Control
Office(r), based upon community noise survey data.
Additional area classifications should be used as appropriate to reflect
both lower and higher existing ambient levels than those shown.
Industrial noise limits are intended primarily for use at the boundary
of industrial zones rather than for noise reduction within the zone.
/
18
MR
9.12.070
INTERIOR NOISE STANDARDS
MAXIMUM_PERMISSIBLE_DWELLING_INTERIOR_SOUND_LEVELS;
1. The interior noise standards for multi-family residential
dwellings as presented in Table 070.1 shall apply, unless
otherwise specifically indicated, within all such dwellings
with windows in their normal seasonal configuration.
Noise Type of
Zone Land Use
All Multi-family
Residential
TABLE 070.1
Time
Interval
10 pm - 7 am
7 am - 10 pm
Allowable Interior
Noise Level (dBA)
35
45
2. 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;
(a) the noise standard as specified in Table 070,1 for a
cumulative period of more than five minutes in any hour;
or,
(b) the noise standard plus 5 dB for a cumulative period of
more than one minute in any hour; or
(c) the noise standard plus 10 dB or the maximum measured
ambient, for any period of time.
3. If the measured ambient level differs from that permissible
within any of the noise limit categories above, the allowable
noise exposure standard shall be adjusted in 5 dB increments in
each category as appropriate to reflect said ambient noise
level.
19
B. CORRECTION_FOR_CHARACTER_OF_SOUND;
In the
event the
alleged offensive noise,
as determined by the Noise Control
Officer,
contains
a steady, audible tonesuch
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 limits set forth in
Table
070.1 shall
be reduced by 5 dB.
20
SECTION 9.12.080
MOTOR VEHICLE NOISE LIMITS
A. REFUSE_COLLECTION_VEHICLES;
B.
1. No person shall collect refuse with a refuse collection vehicle
between the hours of 7 p.m. and 6;30 a.m. within or adjacent to
a residential area.
No person shall operate or cause to be operated any motorized
recreational vehicle off public right-of-way in such a manner that
the sound levels emitted therefrom violate the provisions of Section
070. This section shall apply to all motorized recreational
vehicles, whether or not duly licensed and registered, including,
but not limited to, commercial or non-commercial racing vehicles,
motorcycles, go carts, amphibious craft, campers, snowmobiles and
dune buggies, but not including motorboats.
C. VEHICLE�_MOTORBOAT�_OR_AIRCRAFT_REPAIR_AND_TESTING;
1. Repairing, rebuilding, modifying, or testing any motor vehicle,
motorboat, or aircraft in such a manner as to create a noise
disturbance across a residential real property line, or at any
time to violate the provisions of Section 070.
2. Nothing in this Section shall be construed to prohibit,
restrict, penalize, enjoin, or in any manner regulate the
movement of aircraft which are in all respects conducted in
accordance with, or pursuant to, applicable Federal laws or
regulations.
D.
No person shall operate
or permit the
operation of any motor
vehicle with a
gross weight rating
(GVWR)
in excess
of ten thousand (10,000)
pounds, or any
auxiliary equipment
attached
to such
a vehicle, for a period
longer than 15
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 150 feet
(46 meters) of a residential
area, between
the hours of 10 p.m.
and 7 a.m.
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SECTION 9.12.090
SPECIAL PROVISIONS (EXEMPTIONS)
A. EMERGENCY_EXEMPTION;
The provisions of this
ordinance shall
not apply
to; (a) the
emission of
sound for the purpose
of alerting persons
to the
existence of
an emergency,
or (b) 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, shall be
exempted from the provisions of this ordinance.
C. OUTDOOR_ACTIVITIES;
The provisions of this ordinance shall not apply to outdoor gatherings,
public dances, shows, and sporting and entertainment events, provided said
events are conducted pursuant to a permit or license issued by the City
relative to the staging of said events.
D.
The provisions of Section 060 shall not apply to activities covered by the
following sections;
1. 050 (E) Street Sales;
2. 050 (H) Construction/Demolition;
3. 050 (L> Stationary Non-emergency Signaling Devices;
4. 050 (N) Domestic Power Tools, Machinery;
5. 050 (0) Residential Air-Conditioning or Air-Handling
Equipment;
6. 080 (B) Refuse Collection Vehicles.
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E. AGRICULTURAL_OPERATIONS;
All mechanical devices, apparatus, or equipment associated with agricultural
operations conducted on agricultural property unless, if in the vicinity of
residential land uses, in which case an exception permit is required (Re.
Section 9.12.100) to operate noise producing devices, with the following
stipulations;
1. Operations do not take place between 8 p.m. and 6 a.m.; or
2. Such operations and equipment are utilized for the protection
or salvage of agricultural crops during periods of potential or
actual frost damage or other adverse weather conditions; or
3. Such operations and equipment are associated with agricultural
pest control through pesticide application, provided the
application is made in accordance with permits issued by or
regulations enforced by the Community Development Department;
or
4. Such devices utilized for pest control which incorporate
stationary or mobile noise sources (electro-mechanical bird
scare devices, etc.) are operated only by permit issued by the
Noise Control Office(r). The allowable hours and days for
operation of these devices will be specified in the permit.
5. All equipment and machinery powered by internal combustion
engines shall be equipped with a proper muffler and air intake
silencer in good working order.
F.
Any other activity to the extent regulation thereof has been preempted by
State or Federal Law. .
G. PREAXISTING_NOISE_SOURCES (OPTIONAL)
Those commerc|al and/or industrial operations in existence prior to the date
of adoption of this ordinance, if in compliance with local zoning statutes,
shall be granted a 2 year period from the date of adoption with which to
comply with the provisions of this ordinance. If, at the end of the 2 year
period, it can be shown that compliance with the provisions herein
constitutes a hardship in terms of technical and economic feasibility, a
exception may be granted on an annual basis until such time as compliance may
be effected. No more than 3 exceptions will be allowed on a specific
project.
23
SECTION 9.12.100
A. SPECIAL_EXCEPTIONS;
1. The NCO is authorized to grant exceptions from any provision of
this ordinance, subject to limitations as to area, noise
levels, time limits, and other terms and conditions as the NCO
determines are appropriate to protect the public health,
safety, and welfare from the noise emanating therefrom. This
section shall in no way affect the duty to obtain any permit or
license required by law for such activities.
2. Any person seeking an exception pursuant to this section shall
file an application with the NCO. The application shall
contain information which demonstrates that bringing the source
of sound or activity for which the exception is sought into
compliance with this ordinance would constitute an unreasonable
hardship on the applicant, on the community, or on other,
persons. The application shall be accompanied by a fee as
established by council resolution. 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. Any individual who claims to be adversely
affected by allowance of the exception may file a statement
with the NCO containing any information to support his claim.
If at any time the NCO finds that a sufficient controversy
exists regarding an application, a public hearing will be held.
3. In determining whether to grant or deny the application, the
NCO shall balance the hardship on the applicant, of not
granting the exception against the adverse impact on the
health, safety, and welfare of other persons affected, the
adverse impact on property affected, and any other adverse
impacts of granting the exception. Applicants for exceptions
and persons contesting exceptions may be required to submit
such information as the NCO may reasonably require. In
granting or denying an application, the NCO shall keep on
public file a copy of the decision and the reasons for denying
or granting the exception.
24
4" Exceptions shall be granted by notice to the applicant
containing all necessary conditions, including a time limit on
the permitted activity. The exception shall not become
effective until all conditions are agreed to by the applicant.
Noncompliance with any condition of the exception shall
terminate the exception and subject the person holding it to
those provisions of this ordinance for which the exception was
granted.
5. An except/on will not exceed 365 days from the date on which
it was granted. Application for extension of time limits
specified in exceptions or for modification of other
substantial conditions shall be treated like applications for
initial exceptions under subsection 2.
6. The NCO will issue guidelines pursuant to Section 030 approved
by the Community Development Department, defining the
procedures to be followed in applying for an exception and the
criteria to be considered in deciding whether to grant an
exception.
B.
1. Within 90 days following the effective date of this ordinance,
the owner of any commercial or industrial source of sound may
apply to the NCO for an exception in time to comply with the
provisions of this ordinance. The NCO shall have the
authority, consistent with this section, to grant an exception
(not to exceed 180 days from the effective date-of this
ordinance). The same procedures and considerations by the NCO
as followed under this section shall likewise apply.
"
C. APPEALS;
Appeals of an adverse decision of the
Development Department. Review of the
be limited to whether the decision is
MM
NCO shall be made to the Community
Community Development Department shall
supported by substantial evidence.
SECTION 9.12.110
ENFORCEMENT
A. PRIMA_FACIE_VIOLATION;
Any noise exceeding the noise level limits for a designated noise zone as
specified in Sections 060. and 070. or the prohibited actions as specified in
Section 050. of this chapter, shall be deemed to be prima facie evidence of a
violation of the provisions of this chapter
B. VIOLATIONS; INFRACTIONS
Any person violating any of the provisions of this chapter shall be deemed
guilty of a Infraction. Each hour such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable as
such.
C. ABATEMENT_ORDERS;
1. In lieu of issuing a notice of violation as provided for in
Subsection By the NCO or Police Department responsible for
enforcement of any provision of this ordinance may issue an
order requiring abatement of a sound source alleged to be in
violation, with/^n a reasonable time period and according to
guidelines which the NCO may prescribe.
2. No complaint or further action shall be taken in the event that
the cause of the violation has been removed, the condition
abated or fully corrected within the time period specified in
the written notice.
26
IN-3
E. SEVERABILITY; - ' --f
If any provision of this ordinance is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, the remaining
provisions of the ordinance shall not be invalidated.
27