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ORDINANANCE NO. 736 (1977 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING
MUNICIPAL CODE SECTIONS'4225 ET SEQ. OF ARTICLE IV,
CHAPTER 2, NOISE REGULATIONS.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Municipal Code Article IV, Chapter 2, Sections 4225 through
4225.2, Noise Regulations, are hereby amended to read as follows:
(See attached text.)
SECTION 2. This ordinance, together with the ayes and noes, shall be
published once in full, at least three (3) days prior to its final passage,
in the Telegram- Tribune, a newspaper published and circulated in said City,
and the same shall go into effect at the expiration of thirty (30) days after
its said final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a meeting held on the 20th day of December , 1977, on
motion of Councilman Settle , seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
ATTEST:
Cit er J. H. Fitzpatrick
0 736
Ordinance No. 736
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney A
By Allen Grimes
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(1977 Series)
Approved as to content:
City Administrative fficer
Director of ublic Services
/ • � / /' ��.
�� - • 'Inspector _
Polic hi6f
SECTION 4225. NECESSITY FOR ANTI -NOISE REGULATIONS.
(a) The making and creation of loud, unnecessary or unusual noises within
the limits of the City is a condition which has existed for some time and
the extent and volume of such noises is increasing;
(b) The making, creation or maintenance of such loud, unnecessary,
unnatural or unusual noises which are prolonged, unusual and unnatural in
their time, place and use affect and are a detriment to public health,
comfort, convenience, safety, welfare and prosperity of the residents of
the City; and
(c) The necessity in the public interest for the provisions and pro-
hibitions hereinafter contained and : enacted, is declared as a matter of
legislative determination and public policy, and it it further declared
that the provisions and prohibitions hereinafter contained and enacted are
in pursuance of and for the purpose of securing and promoting the public
health, comfort, convenience, safety, welfare, and prosperity and the peace
and quiet of the City,.and its inhabitants.
SECTION 4225.1. PROHIBITED CONDUCT.
Notwithstanding the specific prohibited acts contained in Section 4225.2,
it shall be unlawful for any person to make, continue, or cause to be made
or continued any loud, unnecessary or unusual noise which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace or safety
of any reasonable person of normal sensitiveness residing in the neighborhood.
The standards 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 volune of the noise;
(b) The intensity of the noise;
(c) Whether the nature of the noise is usual or unusual;
(d) Whether the origin of the noise is natural or unnatural;
(e) The volume and intensity of the background noise, if any;
(f) The proximity of the noise to residential sleeping facilities;
(g) The nature and zoning of the area within which the noise emanates;
(h) The density of the inhabitation of the area within which the noise
emanates;
(i) The time of the day or night the noise occurs;
(j) The duration of the noise;
(k) Whether the noise is recurrent, intermittent, or constant; and
(1).Whether the noise is produced by a commercial or noncommercial
activity.
SECTION 4225.2. DESCRIPTION OF REPRESENTATIVE OFFENSIVE CONDUCT.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this -. section ,;. -but.said'.enumeration,
shall not be deemed to be exclusive namely:
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(a) Horns, Signaling Devices, etc.
The sounding of any horn or signaling device on any automobile,
motorcycle, or other vehicle on any street or public place of the city,
except as a danger warning; the creation by means of any such signaling
device of any unreasonably loud or harsh sound; and the sounding of any
such device for an unnecessary and unreasonable period of time. The use
of any signaling device except one operated by hand or electricity; the
use of any horn, whistle or other device operated by engine exhaust; and
the use of any such signaling device when traffic is for any reason held up.
(b) Radios, Phonographs, etc.
The using, operating, or permitting to be played, used or operated
any radio receiving set, television set, musical instrument, phonograph,
or other machine or device for the producing or reproducing of sound in
such manner as to disturb the peace, quiet and`.comfort of the neighboring
inhabitants or at any time with louder volume than is necessary for con-
venient hearing for the person or persons who are in the room, vehicle or
chamber in which such machine or device is operating and who are voluntary
listeners thereto. The operation of any such set, instrument, phonograph,
machine, or device between the hours of 10:00 p.m. and 7 a.m. in a residential
district or between 2:00 a.m. and 7:00 a.m. in a business or commercial
district in such a manner as to be plainly audible at a distance of fifty
(50) feet from the building, structure or vehicle in which it is located
shall be prima facie evidence of a violation of this section.
(c) Loud Speakers, Amplifiers for Advertising.
The using, operating or permitting to be played, used or operated
of any radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier, or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of com-
mercial advertising or attracting the attention of the public to any build-
ing or structure.
(d) Yelling, Shouting, etc.
Yelling, shouting, hooting, whistling or singing on the public
streets, between the hours of 2:00 a.m. and 7:00 a.m. in a business or
commercial district or at any place in a residential district between
the hours of 10:00 p..m. and 7:00 a.m. so as to annoy or disturb the quiet,
comfort, or repose of persons in any dwelling, hotel or other type of
residence, or of any persons in the vicinity.
(e) Steam Whistles.
The blowing of any locomotive steam whistle or steam whistle
attached to any stationary boiler except to give notice of the time to
begin or stop work or as a warning of fire or danger, or upon request
of proper city authorities.
(f) Exhausts.
The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, motor boat, or motor vehicle except
through a muffler or other device which will effectively prevent loud or
explosive noises therefrom.
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(g) Loading, Unloading, Opening Boxes.
The creation of a loud and excessive noise in connection with load-
ing or unloading any vehicle or the opening and destruction of bales,
boxes, crates and containers.
(h) Construction or Repairing of Buildings.
The erection (including excavating), demolition, alteration or repair
of any building other than between the hours of 7:00 a.m, and 10:00 p.m.
except in case of urgent necessity in the interest of public health and
safety, and then only with a permit from the Chief Building Inspector,
which permit may be granted for a period not to exceed three (3) days or
less while the emergency continues and which permit may be renewed for
periods of three days or less while the emergency continues. If the
Building Inspector should determine that the public health and safety will
not be impaired by the erection, demolition, alteration or repair of any
building or the excavation of streets and highways within the hours of
10:00 p.m. and 7:00 a.m., and if he shall further determine that loss or
inconvenience would result to any party in interest, he may grant per-
mission for such work to be done within the hours of 10:00 p.m. and 7:00
a.m., upon application being made at the time the permit for the work is
awarded or during the progress of the work.
(i) Schools, Courts, Churches, Hospitals.
The creation of any excessive noise other than that resulting from
construction or excavation work on any street adjacent to any school,
institution of learning, church.or court while the same are in use, or
adjacent to any hospital, which unreasonably interferes with the workings
of such institution, or which disturbs or unduly annoys patients in the
hospital, provided conspicuous signs are displayed in such streets indi-
cating that the same is a school, hospital or court street.
(j) Pile Drivers, Hammers, etc.
The operation between the hours of 10:00 p.m. and 7:00 a.m. of any
pile driver, steam shovel, pneumatic hammer, derrick, steam or electric
hoist or other appliance, the use of which is attended by loud or unusual
noise except in case of urgent necessity in the interest of public health
and safety, and then only with a permit from the Building Inspector or the
Dirfector'of Public Services authorizing such devices .to be ,operated during
the otherwise prohibited hours while the emergency continues.
(k) Blowers and Motor Driven Cycles.
The operating of any noise - creating blower or power fan or any cycle
powered by an internal combustion engine, the operation of which causes
noise due to the explosion of operating gases or fluids, unless the noise
from such blower or fan is properly muffled and such engine is equipped with
a muffler device sufficient to reduce such noise to a level which will not
disturb the surrounding neighborhood. The noise limits set forth in Section
23130 of the California Vehicle Code shall be deemed to be the applicable
standard for noise emissions, provided, however, the basis for measuring
such limits for devices operated on private property shall be a distance of
fifty (50) feet from the property line of the parcel of real property on
which the device is located or where the neighboring property is lawfully
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devoted to residential use, within any point on such neighboring property
which complies with the required yard setbacks as established in the
zoning regulations for the applicable district.
Wes
ORDINANCE NO. 736
FINALLY PASSED this 3rd
on motion of Councilman Settle
day of January , 19 78,
seconded by
Councilman Petterson on the following roll call vote:
AYES: Councilmen Petterson, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Dunin
ATTEST:
J. H; tzpa &, CITY CLERK