HomeMy WebLinkAboutRES 1998 349 0112RESOLUTION NO. PC - -98 -349
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL
THE ADOPTION OF THE UPDATE TO THE NOISE ELEMENT OF THE
CITY OF MOORPARK GENERAL PLAN
WHEREAS, at a duly notice public hearing on January 12, 1998,
regarding consideration of said update to the Noise Element of the
City of Moorpark General Plan; and,
WHEREAS, at its' meeting of January 12, 1998, the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify, and closed the pubic hearing; and,
WHEREAS, the Planning Commission, after review and
consideration of the information contained in the staff report
dated January 12, 1998, made a recommendation to the City Council;
and,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. That the Planning Commission determined that
the update to the Noise Element of the City of Moorpark General
Plan will not have the potential for causing a significant effect
on the environment, and an Exemption from the provisions of CEQA
(California Environmental Quality Act) may be issued, pursuant to
Section 15061 of the California Environmental Quality Act.
SECTION 2. That the Planning Commision recommends to the
City Council approval of the update to the Noise Element of the
Moorpark General Plan (Attached as Exhibit A), with the following
findings:
a. The update sets goals and establishes policies and
objectives that will decrease levels of noise
sources on new development.
b. The update identifies the existing impacts of noise
on the City of Moorpark.
D: \Im \peresos \98- 349.wpd/5:54 PM
zoning districts in the community.
c. The Amendment to the Municipal Code and establishing
acceptable decibel levels of noise on interior and
exterior noise sources.
The action of the foregoing direction was approved by the following
roll call vote:
Ayes: Commissioners Millhouse, Miller, Lowenberg;
Noes: Commissioner Acosta.
Absent:
PASSED APPROVED AND ADOPTED ON 12th, DAY OF January 1998.
rvwr0mw
Celia LaFleu , Secretary
to the Planning Commission
Chairman:
D: \lm \peresos \98 -350.w d /5:54 PM
Chapter 17.53
Noise Ordinance
Sections:
17.53.010
Purpose and Intent
17.53.020
Definitions
17.53.030
Duties
17.53.040
Coordination and Cooperation
17.53.050
Inspections
17.53.010 Purpose and Intent
In an effort to maintain quiet in those areas which exhibit low noise levels and to help control
noise in those areas within the City of Moorpark where noise levels are above acceptable
values.
17.53.020 Definitions
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.
"A- WEIGHTED SOUND LEVEL" means the sound level in decibels as measured on a
sound level meter using the A- weighting network. The level read is designated dB(A) or dB.
"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.
"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.
"CUMULATIVE PERIOD" means a period of time composed of individual time segments
which may be continuous or interrupted.
"DECIBEL" means 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.
"DEMOLITION" means any dismantling, intentional destruction or removal of structures,
utilities, public or private right -of -way surfaces, or similar property.
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"EMERGENCY WORK" 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 a 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.
"INTRUSIVE NOISE" means 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
ambient noise level.
"PERMIT" means the possession of a permit issued by the City of Moorpark; or, where no
permits are issued, the sanctioning of the activity by the jurisdiction as noted in a public record.
"MOBILE NOISE SOURCE" means any noise source other than a fixed noise source.
"MOTOR VEHICLE" means a motor vehicle which shall include any and all self - propelled
vehicles 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 CONTROL OFFICE(R) (NCO)" refers to the Director of Community Development
or his designee.
"NOISE DISTURBANCE" means any sound which, as judged by the Director of
Community Development, (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 this ordinance. Compliance with the
quantitative standards as listed herein shall constitute elimination of a noise disturbance.
"NOISE SENSITIVE ZONE" means any land use (ie: residential development) or designated
geographic area (ie. hospital complex) where "intrusive noise" is, incompatible with the conduct of
the noise sensitive uses or constitutes a "noise disturbance" for residents or workers.
"POWERED MODEL VEHICLE" means any self - propelled waterborne or, airborne, land
borne plane, vessel, or vehicle, which is not designed to cant' persons, including but not limited to,
Page 2 of 17 D :HniWobe elemennenapre.r r- 53 noise ord.npd121Jnn981L0:J6 AM
any model airplane, boat, car, or rocket.
"PUBLIC RIGHT -OF -WAY" means any street, avenue, boulevard, highway, sidewalk or
alley or similar place which is owned or controlled by a governmental entity.
"PUBLIC SPACE" means any real property or structures thereon which are owned or
controlled by a governmental entity.
"PURE TONE" means any sound which can be judged as audible as a single pitch or a set
of single pitches by the Director of Community Development. For the purposes of this ordinance,
a pure tone shall exist if the one -third octave band sound pressure level in the band width where the
tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one -third
octave bands by 5 dB(A) for center frequencies of 500171z and above and by 8 dB(A )or center
frequencies between 160 and 400 Hz and by 15 dB(A) 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.
"SOUND AMPLIFYING EQUIPMENT" means 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 homs or other warning devices on any vehicle
used only for traffic safety purposes.
"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 meters in American National Standards Institute
specifications for sound level meters, or the most recent revision thereof.
"SOUND TRUCK" means any motor vehicle, or any other vehicle, regardless of motor
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.
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17.53.030 Duties
I. General. Designated Duties of the Director of Community Development as the Noise
Control Officer
A. Lead Official. The noise control program established by this ordinance shall be
administered by the City of Moorpark Director of Community Development or
his /her designee.
B. Powers. In order to implement and enforce this ordinance and for the general
purpose of noise abatement and control, the Director of Community Development
shall have, in addition to any other authority vested in it, the power to:
1. Conduct, or cause to be conducted, studies, research, and monitoring related
to noise, including joint cooperative investigation with public or private
agencies, and the application for, and acceptance of, grants;
2. Conduct programs of public education regarding:
a. The cause, effects of noise and general methods of abatement and
control of noise; and
b. The actions prohibited by this ordinance and the procedures for
reporting violations; and
C. Encourage the participation of public interest groups in related public
information efforts.
d. Develop measurement standards and procedures which will further
the purposes of this ordinance.
e. Develop administrative procedures which will provide for effective
enforcement of this ordinance.
f. Under the provisions of this ordinance, investigate and pursue
possible violations of this ordinance.
g. Delegate functions, where appropriate under this ordinance, to
personnel under the Director of Community Development and to
other departments, subject to the approval of the City Council.
17.53.040 Coordination and Cooperation
I. General. The most effective enforcement of the provisions of this section will occur through
the following:
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A. Coordinate the noise control activities of all municipal departments.
B. Cooperate where practicable with all appropriate State and Federal agencies.
C. Cooperate where practicable with appropriate county and municipal agencies.
D. Enter into contracts with the approval of the City Council for the provision of
technical and enforcement services.
E. Actions of other departments: Request an}, other department or agency responsible
for a proposed or final standard, regulation or similar action to consult on the
advisability of revising the action, if there is reason to believe that the action is not
consistent with this ordinance.
F. Public and private projects: On all public and private projects which are likely to
cause noise in violation of this ordinance and which are subject to mandatory review
or approval by other departments:
Review for compliance with the intent and provisions of this ordinance.
2. Require sound analysis which identify existing and projected noise sources
and associated noise levels.
Require the use of adequate measures to avoid violation of any provision of
this ordinance.
17.53.050 Inspections
Upon presentation of proper credentials, enter and/or inspect any private property, place, report,
or records at any time when granted permission by the owner, or by some other person with
authority to act for the owner. When permission is refused or cannot be obtained, a search warrant
maybe obtained from a court of competent jurisdiction upon showing of probable cause to believe
that a violation of this ordinance may exist. Such inspection may include administration of any
necessary tests.
17.53.060 Discretionary Actions
1. General. Prior to the approval of any discretionary permit which may authorize development
of a noise sensitive land use or a land use that may generate noise beyond the maximum
acceptable levels contained herein the City Council shall:
A. Review the noise impact of the discretionary permit by identifying existing and
projected noise generators and the associated sound levels.
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B. Require the use of adequate control measures on noise generators identified in (1)
which will be in violation of any provision of this ordinance.
7.53.070 Noise Measurement Procedures and Noise; Limits
I. Not withstanding 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.
A. Exterior Noise Limits. Maximum permissible sound levels by receiving land use:
B. The noise standards for the various categories of land use identified in Table 1 shall,
unless otherwise specifically indicated, apply to all such property within a designated
zone.
C. No person shall operate or cause to be operated, any source of sound at any location
within the City Moorpark 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:
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Table 1
Exterior Noise Limits
Type--of
Time
Allowable Exterior
Land Use
Interval
Noise Level d
Single and Multi- family
10 p.m. - 7 a.m.
55
Residential/Rural
7 a.m. - 10 p.m.
60
Agricultural/Industrial
Zones
Commercial Office/
10 p.m. - 7 a.m.
55
Neighborhood
7 a.m. - 10 p.m.
60
General Commercial/
10 p.m. - 7 a.m.
60
Planned Development
7 a.m. - 10 p.m.
65
Industrial Park
All day
65
Limited Industrial
All day
70
B. The noise standards for the various categories of land use identified in Table 1 shall,
unless otherwise specifically indicated, apply to all such property within a designated
zone.
C. No person shall operate or cause to be operated, any source of sound at any location
within the City Moorpark 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:
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1. The noise standard for that land use as specified in Table 1 for a cumulative
period of more than 30 minutes in any hour; or
2. The noise standard plus 15 dB(A) 1.'or a cumulative period of more than one
(1) minute in any hour; or
The noise standard plus 20 dB(A) or the maximum measured ambient level,
for any period of time.
4. If the measured ambient level differs from that permissible 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.
D. 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(A), shall apply.
E. If possible, the ambient noise shall be measured at the same location along the
property line where the alleged offending noise source is inoperative. If for any
reason the alleged offending noise source cannot be shut down, the ambient noise
must 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 and the noise source is 5 to 10 dB(A), then the level of the
ambient itself can be reasonably determined by subtracting a one decibel correction
to account for the contribution of the source.
F. In the event the alleged offensive noise, as judged by the Director of Community
Development 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 limits set forth in Table 1 shall be
reduced by 5 dB(A).
G. Interior Noise Standards - General. The maximum interior sound levels noted below
shall apply to dwellings:
The interior noise standards as presented in Table 2 shall apply, unless
otherwise specifically indicated, within all dwellings units with windows in
their normal seasonal configuration.
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Table 2
Interior Noise Limit;
Type of Time Allowable Interior
Land Use Interval Noise _I eveldB(A)
Single and Multi- family 10 p.m.- 7 a.m. 45
Residential 7 am— 10 p.m. 45/55 (windows open)
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 1 for a cumulative period of
more than five minutes in any hour; or
b. The noise standard plus 5 dB(A) for a cumulative period of more than
one minute in any hour; or c. the noise standard plus 10 dB(A) or the
maximum measured ambient, for any period of time.
H. 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(A) increments in each category as appropriate to reflect said ambient noise level.
I. Correction for character of sound. In the event the alleged offensive noise, as judged
by the Director of Community Development, 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 limits set
forth in Table 1 shall be reduced by 5 dB.
II. 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.
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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 - commercial activity.
III. Noise Measurement procedure: Upon receipt of a complaint from a citizen, the Director of
Community Development or his/her designee, equipped with sound level measurement
equipment shall investigate the complaint. The investigation shall consist of a measurement
and the gathering of data to adequately define the noise problem and shall include the
following:
A. Type of noise source.
B. Location of noise source relative to complainant's property.
C. Time period during which noise source is considered by complainant to be intrusive.
D. Total duration of noise produced by noise source.
E. Date and time of noise measurement survey.
F. Utilizing the "A" Weighted scale of the sound level meter and the "slow" meter
response (use "fast" response for " impulsive sounds "), the noise level shall be
measured at a location or locations at any point on the receiver's property. The
microphone shall be located four to five feet above the ground and ten feet or more
from the nearest reflective surface, where possible. However, in those cases where
another elevation is deemed appropriate, the latter criteria shall be utilized. If the
noise complaint is related to interior noise levels, interior noise measurements shall
be made within the affected residential unit. The measurements shall be made at a
point at least four feet from the wall, ceiling, or floor nearest the noise source, with
windows in the normal seasonal configuration. Calibration of the measurement
equipment, utilizing an acoustic calibrator, shall be performed immediately prior to
recording any noise data.
17.53.080 PROHIBITED ACTS
No person shall unnecessarily make, continue, or cause to be made or continued, any noise
disturbance. The following acts, and the causing or permitting thereof, are declared to be in violation
of this ordinance:
A. Radios, television sets, musical instruments and similar devices: Operating, playing
or permitting the operation or playing of any radio, television set, stereo or digital
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I
equipment, drum, musical instrument, or similar device which produces or
reproduces sound:
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 real property line or at
any time to violate the provisions of Section 17.53.070, except for activities
for which a Temporary Use Permit or Conditional Use Permit has been
issued by the City.
In such a manner as to exceed the levels set forth for public space in Table 1,
measured at a distance of at least 50 feet (15 meters) from such device
operating on a public right -of -way or public space.
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
there from creates a noise disturbance across a residential real property line,
or at any time violates the provisions of Section 17.53.070, except for any
non - commercial public speaking, p ublic assembly or other activity for which
a Temporary Use Permit or Conditional Use Permit has been issued by the
City.
4. Offering for sale, selling anything, or advertising by shouting or outcry
within any residential or commercial area of the City except by Temporary
Use Permit or Conditional Use Permit issued by the City. 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 public entertainment events.
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.
6. Loading, unloading, opening, closing or other handling of boxes, crates,
containers, building materials, garbage cans, 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 anytime to violate the provisions
of Section 17.53.070.
7. 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 there from creates a noise disturbance across a residential or
commercial real property line, except for emergency work of public service
utilities, city agencies, county agencies, or by Temporary Use Permit issued
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by the City. (This section shall not apply to the use of domestic power tools
as specified in this Section.
8. Noise Restrictions at Affected Properties: Where technically and
economically feasible, noise from construction activities shall not exceed
those listed in Tables 3 -6 below:
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
Table 3
Residential Properties - Mobile Equipment
Type I Areas
Type 1I Areas
Type III Areas
Single Family
Multi- Family
Semi - Residential/
Residential
Residential
Commercial
75 dB(A)
80 dB(A)
85 dB(A)
w dB(A) 65 dB(A) 70 dB(A)
Ylaximum noise levels for nonscheduled, intermittent, short-term operation (less than 10 days) of mobile equipment:
Table 4
Residential Properties - Stationary Equipment
Type I Areas Type II Areas Type III Areas
Single Family Multi- Family Semi - Residential/
Residential Residential Commercial
Daily, except
Sundays and Legal 60 dB(A) 55 d13(A) 70 dB(A)
Holidays
7 a.m. to 7 p.m.
Daily, 7 p.m. to
7 a.m. and all 50 dB(A) 55 dB(A) 60 dB(A)
day Sunday and
Legal Holidays
Maximum noise levels for repetitively scheduled and relatively long -term operation (periods of 10 days or more)
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Maximum noise levels for nonscheduled, intermittent, short-term operation of mobile equipment:
Daily, including Sundays and Legal Holidays, all hours: maximum of 85 dB(A).
Stationary Equipment
Maximum noise levels for repetitively scheduled and relatively long -term operation of stationary
equipment: Daily, including Sundays and Legal Holidays, all hours: maximum of 75 dB(A).
9. 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.
10. 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 this Section.
b. In such a manner as to exceed the levels set forth for public space
land use in Table 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 public right -of- way.
C. Stationary non - emergency signaling devices:
(1) Sounding or permitting the sounding of any
electronically - amplified signal from any stationary bell,
chime, siren, whistle, or similar device, intended primarily
for non - emergency purposes, from any place, for more than
10 seconds in any hourly period.
(2) Houses of religious worship shall be exempt from the
operation of this provision.
(3) Sound sources covered by this provision and not exempted
under any other subsection shall be exempted by a Temporary
Use Permit or Conditional Use Permit issued by the City.
11. Emergency signaling devices:
a. The intentional sounding or permitting the sounding out doors of any
fire, burglar, or alarm, siren, whistle, or similar stationary emergency
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signaling device, except for emergency purposes or for testing.
b. 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.
C. 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.
12. Domestic power tools, machinery:
a. 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.
b. Any motor, machinery, pump, such as swimming pool equipment,
etc., shall be sufficiently enclosed or muffled and maintained so as
not to create a noise disturbance in accordance with Section
17.53.070.
13. Residential air - conditioning or air- handling equipment:
a. Operating or permitting the operation of any air - conditioning or
air - handling equipment in such a manner as to exceed any of the
following sound levels:
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Table 7
Air Handling Equipment
Units Installed Units Installed
Before On or After
1 -1 -80 1 -1 -80
dB(A) dB(A)
Measurement Location
Any point on neighboring property
line, 5 feet above grade level, no 60 55
closer than 3 feet from any wall.
Center of neighboring patio, 5 feet
above grade level, no closer than 3
feet from any wall. 55 50
Outside the neighboring living area
window nearest the equipment
location, not more than 3 feet from the 55 50
window opening, but at least 3 feet
from any other surface.
14. Places of public entertainment:
a. Operating or permitting the operation or playing of any loudspeaker,
musical instrument, motorized racing vehicle, or other source of
sound in any place of public; entertainment that exceeds 95 dB(A) as
read on the slow response; of a Sound Level Meter at any point
normally occupied by a customer, without a conspicuous and legible
sign stating: " WARNING! SOUND LEVELS WITHIN MAY
CAUSE HEARING IMPAIRMENT ".
15. TAMPERING: The following acts or the causing thereof are prohibited:
a. The removal or rendering inoperative, other than for purposes of
maintenance, repair, or replacement, of any noise control device or
element thereof.
b. The removal of any noise label from any product so labeled.
C. The use of a product which has had a noise control device or element
thereof or noise label removed or rendered inoperative.
Page 14 of 17 WIvmno;se elementIchnpler 17 - 53 noise ord.wpd/3uon98110: 16 AM
17.53.090 MOTOR VEHICLE NOISE LIMITS
A. Motor vehicles operating on public right -of -way: Motor vehicle noise limits on a
public right -of -way are regulated as set forth in the California Vehicle Code.
Sections 23130 and 23130.5. Equipment violations which create noise problems are
covered under Sections 27150 and 27151. Any peace officer of any jurisdiction in
California may enforce these provisions. Therefore, it shall be the policy of the City
to enforce these sections of the California Motor Vehicle Code.
B. Refuse collection vehicles:
No person shall collect refuse with a refuse collection vehicle between the
hours of 7 p.m. and 7 a.m. within or adjacent to a residential area or noise
sensitive zone.
No person authorized to engage in waste disposal service or garbage
collection shall operate any truck- mounted waste or garbage loading and /or
compacting equipment or similar device in any manner so as to create any
noise exceeding the following levels, measured at a distance of 50 feet from
the equipment in an open area:
a. New equipment purchased or leased on or after a date s ix (6) months
from the effective date of this ordinance: 80 Db(A).
b. New equipment purchased or leased on or after thirty six (36) months
from the effective date of this ordinance: 75 dB(A).
C. Existing equipment, on or after five (5) years from the effective date
of this ordinance: 80 dB(A).
C. Motor vehicle horns: It is unlawful for any person to sound a vehicular horn except
as a warning signal (Motor Vehicle Code, Section 27001).
D. Motorized recreational vehicles operating off of the 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 there from violate the
provisions of Section 17.53.070. This section shall apply to all motorized
recreational vehicles, whether or not duly liicensed 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.
E. Vehicle, motorboat, or aircraft repair and testing:
1. Repairing, rebuilding, modifying, or testing any motor vehicle, motorboat,
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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 17.53.070.
2. Nothing in this ordinance 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.
F. Standing motor vehicles: No person shall operate or permit the operation of any
motor vehicle with a gross vehicle weight rating (GV WR) 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.
17.53.100 EXEMPTIONS:
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.
I. 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.
II. Outdoor activities: The provisions of this ordinance shall not apply to occasional outdoor
gatherings, public dances, shows, and sporting and entertainment events, provided said
events are conducted pursuant to a permit issued by the City relative to the staging of said
events.
III. Exemptions from exterior noise standards: The provisions of Section 17.53.070 shall not
apply to activities covered by the following sections:
A. Street Sales;
B. Construction/Demolition;
C. Stationary Non - emergency Signaling Devices;
D. Emergency Signaling Devices;
E. Domestic Power Tools, Machinery;
F. Residential Air - Conditioning or Air - Handling Equipment;
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G. Motor Vehicles Operating on Public right - -of- -way;
H. Refuse Collection Vehicles.
17.53.110 ENFORCEMENT
A. Prima facie violation: Any noise exceeding the noise level limits as stated in this
ordinance shall be deemed to be prima facie evidence of a violation of the provisions
of this chapter.
B. Violations: misdemeanors (Infractions): Any person violating any of the provisions
of this chapter shall be deemed guilty of a misdemeanor (infraction) and upon
conviction thereof, shall be fined in an amount not to exceed $1000 dollars or be
imprisoned in the County jail for a period plot to exceed 30 days or by both such fine
and imprisonment. Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such.
C. Abatement orders:
Except as provided herein, in lieu of issuing a notice of Violation, the
Director of Community Development or other official responsible for
enforcement of any provision of this ordinance may issue an order requiring
abatement of a sound source alleged to be in violation, within a reasonable
time period.
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.
D. NOTICE OF VIOLATION: Except where a person is acting in good faith to comply
with an abatement order, shall be cause for a (notice of
viol ation)( summons)(complaint)(indictment) to be issued by the Director of
Community Development or other responsible enforcement official according to
procedures which the Director of Community Development may prescribe.
E. VIOLATIONS: ADDITIONAL REMEDIES - INJUNCTIONS: As an additional
remedy, the operation or maintenance of any device, instrument, vehicle or
machinery in violation of any provision of this chapter which operation or
maintenance causes or creates sound levels exceeding the allowable limits as
specified in this chapter shall be deemed and is hereby declared to be a public
nuisance and may be subject to abatement summarily by a restraining order or
injunction issued by a court of competent jurisdiction. Additionally, no provision of
this ordinance shall be construed to impair any common law or statutory cause of
action, or legal remedy therefrom, of any person for injury or damage arising from
any violation of this ordinance or from other laws.
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