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Home My WebLink AboutAGENDA REPORT 1997 0305 CC REG ITEM 10CATE A + CITY OF ''..NIA City .. -- AGENDA REPORT of + 199 % City of Moorpark A,— a .0, i w 9 - `+- To: The Honorable City Council BY. .Ic From: Nelson Miller, Director of Community Developmeo, Prepared by Craig Malin, Assistant Planner Date: February 21, 1997 (CC meeting March 5, 1997) Subject: Consider Report Regarding Leaf Blowers in the City Council has requested that staff research ordinances concerning leafblowers recently adopted by the cities of Malibu and Santa Barbara. Discussion Staff contacted the cities of Malibu and Santa Barbara regarding the ordinances, copies of which are attached, and also are summarized below: Malibu Ordinance. The basis of the Malibu Ordinance (Exhibit 1) is concern over the level of noise. Paragraph K of Section 4204 ( "Prohibited Acts ") prohibits the operation of any internal combustion powered leafblowers. In addition, Section 4204(D) prohibits the operation of any "Motor or mechanical device near a residential district between the hours of 10:00 pm and 7:00 am." Enforcement of this ordinance is by the Code Enforcement Department. Santa Barbara. Like the Malibu ordinance, Santa Barbara's is based upon noise concerns. This ordinance requires the operation of leafblowers to meet the noise standards set by the American National Standards Institute (ANSI B- 175.2- 1990). All leafblowers which did not meet this standard could not be used after July 1, 1993. No leafblowers could be used within 250' of a residential zone between the hours of 5!00 pm and 9:00 am Monday through Saturday or any time on Sundays. ; Enforcement of this ordinance is by the Police Department. At present, Section 9.28 of the Moorpark Municipal Code regulates excessive noise in residential zones ( "Disturbing the peace ") and sets forth penalties for violation of this provision. However, this section does not set forth any standards or guidelines for determining at what point a noise becomes a nuisance and subject to enforcement actions. Currently, enforcement of this Section of the Code in large part upon subjective judgement. The State also has a Model Community Noise Ordinance, which the staff would recommend for adoption along with consideration of the update of the Noise Element of the General Plan, which is currently in progress. It is hoped this can be presented to the Planning Commission in June and the City Council in August of 1997. This model ordinance (copy attached) provides specific, objective criteria and standards for the regulation of stationary noise sources. If the City Council is concerned regarding the noise impacts of leaf blowers, it is recommended that this could be best accomplished with the adoption of the Model Community Noise Ordinance concurrently with consideration of the General Plan Noise Element update. Some jurisdictions also regulate leaf blowers and other small gasoline equipment on the basis of air quality. However, Mike Villegas of the Air Pollution Control District has indicated that the District has no regulations concerning leafblowers. Direct Staff to Include the Model Community Noise Ordinance for consideration with the Noise Element. Exhibits: 1) Santa Barbara Ordinance 2) Malibu Ordinance 3) Model Community Noise Control Ordinance , k"62 Sections: 9.16A10 Generally. 9.16.@1S Construction Work at N10t. 9.16.020 I eWlthmers - Restriction on Use. 9.16.025 Repletion of Noise Affecting Parcels Zoned or Used for Residential Purposes. 9.16.030 Sonic Booms Declared Public Nuisance. 9.16.010 Generally. Chapter 9.16 NOISE FEB V)' 1997 City of Moorpark Community Development Departmer 9.16AM Creating Some Mason UnW*IaL 9.16AS Saaad Arupiiffeation. 9.16AW Deimos. 9.16 -M INoaslas'etaeat 1Nelhads. 9.16.090 Viekd w - Additional Remedies - Injanctions. It is unlawful for any person to make, cause or suffer or permit to be made or caused, upon any promises owned, occupied or controlled by him in the City, my unnec emy roues or t mmb rt+bkh am , q ig to persons of ordinary sensitiveness or which are so harsh or so pt Awged or ussissu d or u nu mai in their to e, time or place as to occasion physical discomfort to the inhabitants of rthhe City, or any number thereof. (Prior Code §3228.) 9.16.015 Construction Work at Night. It shall be unlawful for any person, between the hours of 8:00 p.m. of any day and 7:00 a.m, of the following day to erect, construct, demolish, excavate for. alter or repair any Wilding or mumm If the now level created thereby is in excess of the ambient noise level by 5 dBA at the aeaseatpsop�t tie of a used for residential purposes unless : special permit therefor has been far ad paned by �� of Bing and Zoning. In granting special permit the Chief of sad � r�hi coasider If con tsctin noise in the vicinity of the proposed work site would be less oWeedumbie at W& than during d"nse because of different population levels or dWerent Em activities, E damo resion read inar%aej with tom, particularly on streets of major importance, woudd be less objectiauabh at W& dm during dgdM N the kind of work to be performed emits noises at such a low level as to not cause t dhturbsm in the vicinity of the wont site, if the neighborhood of the proposed work site is pr * resiidtertlW in ckhwaeter wherein sleep could be disturbed, if great economic hardship would occur if the wodt were spread over a lower time, if the work will abate or prevent hazard to life or property, if the proposed ot is le � � interest; and he shall prescribe such conditions, working times, types of pion t to used, and permissible noise emissions, as he deems to be req fired in the in rest � section shall not be applicable to activities of public or private utilities when testor�urtili service following a public unity or when doing work required to protect persons or property from an imminent eposure to danger. (Ord. 4039, 1980.) 9.16.020 Leafblowers - Restriction on Use. A. DEFINITIONS 1. LEAFBLOWEIL Any device used, or operated to produce a current of air by fuel, electricity or other means to push, propel or blow cuWa�igs, refine or debris. 2. NOISE LEVEL STANDARDS. Those strndanda developed under the supervision of the American National Standards Institute's "Committee for Sound Lewd LaIISpmdard for Hand Held and Back Pack Gasoline Engine Powered Bowers" presently adopted as ANSI B -1732- as may be hereinafter amended or such other standard as may be t) k Resolution of the City Council. B. PROHWrlWN IN WM L ZONES It shall be unlawful for any to Operate a Lower widtaa two huandreJ and fifty feet (250') of any residential zone, as that term is person in Title 28 of tltls Code, baione 90 am. o- after 500 p.m. Monday through Saturday or at any time on Sundays or national holidgpit, payed dot tfre City Paints and Reaeation Department employees shall be allowed to use leafbiawers betarem the hots of 7:00 a.m. and 9:00 a.m. Monday through Saturday when clemigg parking lots adjacent to the City's Beachtmat parks. C CUBAN -UP OF ISIS It shall be unlawful for any person operating any type of Lafbower to blow cuttings, refuse or debris onto a neighboring property or into a street or gutter. It shall also be unlawful for a person operating any Leafblower to fail to properly dispose of accumulated debris, leaves, or refuse in a sealed trash or refuse container. D. PHASE -OUT OF CERTAIN FUEL POWERED LEAPSLOWERS I. EXISTING LEAFBLOWERS The use of Leelblowers which are not manufactured to meet or exceed the Noise Level Stand shall be prohibited in all areas of the City under all circumstances, after July 1, 1993. OOOTW. 206 ATTACENT 1 rev. 3/31/% 2. SALE OF NEW LEAFS LOWERS It shell be unkisfttl to sett or o5er for stile with -thee Cky of Stotts Bmtiara Letlblowers which are not manutbt d 10 Mee: or sussed the Noise Loved Fbbrttary 2g, 1992. L. ' cis POR "a I O The Cie► Pub and AdMeaiea D11Mtor is be t y I& ad disecood a adopt for the p use of i loses V*ACh � sha0 PrOMMe the sale Nd art use of knAMarr�sts V*& also mi 0 the ciao pile. the noise acrd die users of mss. 7* Flonce Doiset meat is 0o provide a copy of this ordinsnoe and the "'owner VAdefim to each person obtaioitg a City business >icnae for the opemthg of a goniesing or landscaping maintenance service or business within the City. (Ord. 4720, 1991; Ord. 4118, 1991; Ord. 4452, 19117.) 9.16.025 PAphdon of ]Noise Affecting parcels ?rend or Used for Residential Purposes. A. tiooss o[ HM dqg, gym, MAIM M1000104 hMsV8sdw& sortla& cleaning, be limbed to T AM to 7:00 PM Muoft though Satura . pHours of operation for the above- stated activities shall be Bruited to So AM to 7:00 PM on Sunday and ho"WL B. Meidwooleal &pn1purent. MeclwwW equipamt other than vehicles and t which is olmund by electricity obtained from an electrift uft �ny shall not be uautd outride AM or after 7A0 PM on Saturde y, Sunday or holidep or before :00 or after 7:00 PM Friday. C. iNebe Llr kedorrs. All mechanical equipment other than vehiciesft��iated and sound at the property line of any adjacent parcel used or zoned for residential, insthutional or patio ppuurposes shall not exceed sixty A- weighted decibels using the Comosuniry Noise Equivalent level (60 dB(A) CNEL). AI) wind machines are prohibited in the City. (Ord. 4878, 1994.) 9.16.030 Sonic Booms Declared Public ]Nuisance. Flights of manned and piloted aircraft over and in the vicinity of the City so as to cause loud, sudden and intense "sonic booms" in the City constitute a public nuisance. (Ord. 3246 $1, 1967.) 9.16.040 Creating Sonic Boom Unlawful. It is unlawful to pilot any aircraft over and in the vicinity of the City at supersonic speeds so as to cause loud, sudden and intense "sonic boom" impacts in the City. (Ord. 3246 $2, 1%7.) 9.16.050 Sound Amplifteation. No person shall amplify sound usiog sound astwpie gdpment cosutt y to any of the following: �b)rosatd pertmd aha0 be ettsic or the buwan voice or bolt. Sound emus* any public pot or place shah na be atuMlf above the ambient noise level so as to be audible within any hospital, rat home, convalescent hosi tai, or clench while services therein are being conducted. (c) The volume of amplified sound shall not eneeeed the noise levels set forth herein when measured outdoors at or beyond the property line of the property from which the sound emanates. Time Period Mkwi No 10 p.m. - 7 a.m. md'8i 7 a.m. - 10 p.m. 60 dBA (d) The volume of aw*iified stand inside a structure shall not isroeed the noise levels set fords bavin what measured iodde a lnriiiing used for residential purposes. This maximum noise level shall not apply to the dweller unit from which the sound is emanating. Time Peri od hfjud 10 p.m. - 7 a.m. 40 dH 7 a.m. - 10 p.m. 45 dBA (e) The Haft set forth above shall not apply to the following: County (1 ion of sound by a person as part of an event or �i�r tposacnred or approved by the of property owned by or leased to the C&AW, p guide the County has adopted or approved a sound control plan for the property which is applicable to the event or activity. 000.64 206-1 rev. 3/31/% FEB.- 07'971FRI1 10 :53 CITY OF MALIBU TEL 310 456 3356 ? 002 ARTICLE IV CHAPTER 2 NOISE A2=. ghnrt Title. This Chapter may be cited as the "Noise Control ordinance of the City of Malibu." 4201. -- s %ion of PoligX. In order to control unnecessary, excessive and annoying noise and vibration in the City of Malibu, it is hereby declared to be the policy of the City to prohibit such noise and vibration. 42&a. Dmf initig". The following words, phrases and terms as used in this Chapter shall have the meanings indicated as follows: A. "City Manager" shall mean the City Manager of the City of Malibu or the City Manager's designee. B. "construction" shall mean any site preparation, assembly, erection, substantial repair, alteration or similar Action, for or of public or private right -of -way, structures, utilities or similar property. C. "Emergency Machinery, Vehicle or Alarm" shall mean any machinery, vehicle or alarm used, employed, performed or operated in an effort to protect, provide or restore safe conditions in the community or for the citizenry or work by private or public utilities when restoring utility service. D. "Emergency Work" shall mean any work performed for the purpose of preventing or alleviating the physical_ trauma or property damage threatened or caused by an emergency or work by private or public utilities when restoring utility services. E. "Person" shall mean any individual, firm, association, partnership, joint venture or corporation. F. "Weekday" shall mean any day, Monday through Friday, which is not a legal holiday. 4203. Prohibited Noises. No person shall make, or cause or suffer, or permit to be made upon any premises owned, occupied or controlled by such person, any unnecessary noises, sounds or vibrations which are physically annoying to reasonable persons of ordinary sensitivity or which are so harsh or so prolonged or unnatural or unusual in their use, time, or place as to occasion unnecessary discomfort to any persons within the neighborhood V-3 1161-W, INS PAMILITY. l CCC M-11 1 0.7 � .. M. ATTACHMENT 2 FEB.- 07'97(FRI) 10:53 CITY OF MALIBU TEL:310 456 3356 P 003 from which said noises emanate or which interfere with the peace and comfort of the residents or their guests, or the operators or customers in places of business in the vicinity, or which may detrimentally or adversely affect such residences or places of business. 4204, prohibited Acts. Notwithstanding any other provi- sions of this Chapter, the following acts and the causing or permitting thereof, are declared to be in violation of this Chapter: A. Unnecessary Noises. The unnecessary making of, or knowingly and unnecessarily permitting to be made, any loud, boisterous or unusual noise, disturbance, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park or other place or building, except the ordinary and usual sounds, noises, commotion or vibration incidental to the operation of said places when conducted in accordance with the usual and normal standard of practice applicable thereto and in a manner which will not disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators or customers of adjacent places of business. B. Radios, Phonographs, Etc. The using, operating or permitting to be played, used or operated between the hours of 10:00 p.m. and 7:00 a.m. of any radio, musical instrument, phonograph, television set, or instrument or device similar to those heretofore specifically mentioned for the production or reproduction.of sound in volume sufficiently loud as to disturb the peace, quiet or repose of persons of ordinary and normal sen- sitiveness who are in the immediate vicinity of such machine or device. C. Hand or orchestral Rehearsals. The conducting of or carrying on of band or orchestral concerts or rehearsals or practice between the hours of 10:00 p.m. and 7:00 a.m. sufficiently loud as to disturb the peace, quiet or repose of persons of ordinary and normal sensitiveness who reside in the immediate vicinity of such band or orchestral concerts or rehearsals or practice. D. Engines, Motors and Mechanical Devices Near Residential District. Except as provided in paragraph G of this section regarding construction -- related noise, the sustained operation or use between the hours of 10:00 p.m. and 7:00 a.m. of any electric or gasoline powered motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, machine or mechanical device or other contrivance or facility unless such motor, engine, automobile, motorcycle, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from IOWIGG -X -4a =aUE. 221 being plainly audible at a distance of 50 feet from such structure, or within 10 feet of any residence. E. Motor Vehicles. Racing the engine of any motor vehicle or needlessly bringing to a sudden start or stop of any motor vehicle. F. Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to cause noise disturbance. G. Construction. Operating or causing the operation of any tools, equipment, impact devices, derricks or hoists used in construction, drilling, repair, alteration, demolition or earthwork, between weekday hours of 7:00 p.m. and 7:00 a.m. or at any time on Sundays or holidays, except as provided in Section 4205D herein. H. Non - emergency Signaling Devices. Sounding or permitting the sounding of any electronically - amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for non - emergency purposes, from any place, for more than 10 consecutive seconds in any hourly period. Houses of religious worship shall be exempt from the operation of this provision. Sound sources included within this provision which are not exempted under Section 4205 may be exempted by a variance issued by the City Manager. I. Emergency Signaling Devices. I. The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren whistle or similar emergency signaling device, for testing, except as provided in subsection 2. 2. Testing of an emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed Go seconds. Testing of the emergency signaling system shall not occur more than once in each calendar month. OWIL6? 3. Sounding or permitting the sounding of any 3. sounding or exterior burglar or fire alarm unless such alarm is terminated FEB 07 '97 11:02 �XTqD permitting the sounding of any or any motor vehicle burglar alarm within 15 minutes of activation. 310 456 3356 PAGE.03 FEB.-07'97(FRI) 10.55 CITY OF MALIBU TEL 310 456 3356 ?.004 J. Noises by Animals. It shall be unlawful for any person having charge, care, custody, or control of any animal to permit such animal to emit any excessive noise which is disturbing or offensive. The City shall enforce this ordinance as follows: 1. Coeplaints must be submitted in writing and shall include the name, address, and telephone number of the complainant, as well as the address of the animal owner and description of the noise. 2. Upon receiving a complaint involving whining, barking, howling, screeching or similar animal noise, the City shall cause the following to be performed: (a) Issue notice of noise complaint to the animal owner or custodian of the animal advising such person of the alleged noise and requesting immediate steps to abate the same. (b) Notice shall adequately describe the noise complaint to assist the animal owner in recognizing and correcting the problem_ (c) If a second complaint is received, the City shall issue a notice apprising the animal owner or custodian of the complaint and directing the same to abate the noise. Such notice shall contain a provisions that within five (5) days of receipt thereof the animal owner or custodian may request a hearing with a City representative to discuss the Notice of Non- compliance. (d) Should the problem remain unresolved by the and of the time limit noted in the Notice of Non - compliance, a second notice with a five (5) day limit shall be issued. (e) If the problem is not resolved at the and of this five (5) day period, a citation shall be issued to the owner or custodian of the animal. K. Leaf Blowers. The use or operation of any portable machine powered with a combustion or gasoline engine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces. L. Commercial Establishments Adjacent to residential Property. Sustained noise from the premises of any commercial establishment, including any outdoor area part of or under the control of the establishment, between the hours of 10:00 p.m. and 7:00 a.m. shall not be plainly audible at a distance of five (5') feet of any residential dwelling unit. FEB 07 '97 11:02 310 456 33% PAGE.04 i FEB.- 0797(FRH 10:55 CITY OF MALIBU TEL :310 456 3356 ? 005 M. No person shill make, or cause or suffer, or permit to be wade upon any public beach, occupied by such person, any unnecessary noises, sounds or vibrations which are physically annoying to reasonable persons of ordinary sensitivity or which are so harsh or so prolonged or unnatural or unusual in their use, time, or place as to occasion unnecessary discomfort to any persons within 500 feet of the place from which said noises emanate or which interfere with the peace and comfort of other occupants of the beach or the residents of the neighborhood or their guests, or the operators or customers in places of business in the vicinity, or which may detrimentally or adversely affect such occupants or residences or places of business. (Ord 94, 6- 14-93) 4205. ZX �tions. The following activities shall be exempt from the provisions of this Chapter: A. Emergency Exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work. B. Warning Devices. Warning devices necessary for the protection of public safety as for example, police, fire and ambulance sirens and train horns. C. Outdoor Activities. Activities conducted on public playgrounds and public or private school grounds including but not limited to school athletic and school entertainment events. D. Construction - special circumstances. The provisions of Section 4204 do not apply to any person who performs construction, repair, excavation or earthsoving work pursuant to the expressed written permission of the City Manager to perform such work at times prohibited in Section 4204. The applicant must submit to the City Manager an application in writing, stating the reasons for the request and the facts upon which such reasons are based. The City Manager may grant written permission for the construction if he /she finds that: 1. The work proposed to be done is in the public interest; or 2. Hardship, injustice or unreasonable delay would result from the interruption thereof during the hours and days specified in Section 4204; or 3. The building or structure involved is devoted or intended to be devoted to a use immediately incident to public defense. Any applicant dissatisfied with the decision of the City Manager may appeal to the City Council by filing a Notice of OW170 FEB. -0?' 9 / (FRI ) 10 , 56 CITY OF MAL I BU TEL 3 0 456 3356 P. 006 Appeal with the City Clerk within ten days after notice of the City Manager's decision. The City council shall, within thirty days of filing the appeal, affirm, reverse or modify the decision of the City Manager. The provisions of section 4204 do not apply to the construction, repair, or excavation during prohibited hours as may be necessary for the preservation of life or property, when such necessity arises during such hours as the offices of the City are closed, or where such necessity requires immediate action prior to the time at which it would be possible to obtain a permit pursuant to this Section. The person doing such construction,. repair or excavation shall obtain a permit therefor within one business day of such construction, repair or excavation. E. outdoor gatherings, public dances, shows and sporting events. Provided the events are conducted pursuant to a permit issued by the City Manager. 4206.fcrcea�trt. The City Manager shall have primary responsibility for the enforcement of the noise regulations contained herein. Nothing in this Chapter shall prevent the City Manager from obtaining voluntary compliance by way of warning, notice or education. M MODEL • " . COMMUNITY NOISE CONTROL ORDINANCE •� PREPARED BY OFFICE OF NOISE CONTROL CALIFORNIA DEPARTMENT OF HEALTH 2151 BERKELEY WAY BERKELEY, CALIFORNIA 94704 A'17ACHWNT 3 Mario Obledo, Secretary HEALTH AND WELFARE AGENCY Beverlee A. Myers, Director DEPARTMENT OF HEALTH SERVICES Issued April 1977 1 OOM 73' IL r OW1'74 PREFACE This model Ordinance was dew I OPW in acc*rd@M with Section Mil 46 of the Health and Safety Coda, which rwPlres the Office of Noise Control to assist local agencies in the dwelopmt of medal orti�ces to control and abate noise, and further requires that such ordinamces be developed in consulta- tion with tthe e At SurisorsdAssoclatlorepnaofUGaliefornialandltheM league including tY of California Cities. In response to these requirements, the Office of Noise Control contracted with Paul S. Veneklasen and Associates, Acoustical Consultants, to prepare a basic model ordinance for use in the development process. This was com- pleted in March 1975. Since then the basic document has been revised sev- eral times and has been reviewed by various agencies and organizations including: Attorney General League of California Cities County Supervisors Association of California California Envi,came teal Health Association California Directors of Environmental Health U.S. Environmental Protection Agency, Office of Noise Abatement and Control California Manufacturers Association Air Conditioning and Refrigeration Institute Standard 011 Company of California Shell Oil Company Pacific Gas and Electric Company Fluor Corporation Paul S. Veneklasen and Associates Wilson, Ihrig and Associates Wyle Laboratories, Incorporated Bolt, Beranek and Newman, Incorporated The Office of Noise Control deeply appreciates the assistance given by the agepcies f s Individualwho madeindispensabbe ctribuonstodevelopmnt o fin- ished model. 1_ w 0,00 .'76 r CALIFORNIA OFFICE OF NOISE CONTROL MODEL CON "ITY NOISE ORDINANCE ORDINANCE NO. AN ORDINANCE OF THE CITY (COUNTY) OF ADDING CHAPTER TO TITLE OF THE MUNICIPAL CODE (COUNTY CO'DIFIE'D ORDINANCE) RELATING TO THE CONTROL OF NOISE AND VIBRATION. A. The City Council (80and of SupeAvc,donb) of the City (County) of does ordain as follows: ARTICLE 1 Chapter is added to the Municipal Code Codi6i,ed Ordinance) to read as follows: SECTION 1. DECLARATION OF POLICY SECTION 2. DEFINITIONS SECTION 3. AUTHORITY AND DUTIES OF THE NOISE CONTROL OFFICER) SECTION 4. DEPARTMENTAL COOPERATION SECTION 5. GENERAL NOISE REGULATION SECTION 6. NOISE MEASUREMENT PROCEDURE SECTION 7. EXTERIOR NOISE LIMITS SECTION 8. INTERIOR NOISE LIMITS SECTION 9. PROHIBITED ACTS SECTION 10. MOTOR VEHICLE NOISE LIMITS SECTION 11. SPECIAL PROVISIONS (EXEMPTIONS) SECTION 12. VARIANCES SECTION 13. ENFORCEMENT APPENDICES (County Revised 4/25/77 t. r APPENDIX A R V W1 S r r SECTION 1 DECLARATION Of POLICY In order to control unnecessary, excessive and annoying noise and vibra- tion in the City (County) of , it is hereby declared to be the policy of the City Cauwty 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 (County) to maintain quiet in those areas which exhibit low noise levels and to implement program ilevat reducing noise in those areas within the City (County) 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 in- terest. Therefore, the City Council (Boa4d of SupeuiaoAa) does ordain and declare that creating, maintaining, causing or allowing to be created, or caused noise or vibration in a of this chapterf,is appublictnu isance not in y and shall be punishable as such. -2- SECTION 2 DEFINITIONS 2.1 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. 2.2.1 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. 2.2.2 AGRICULTURAL PROPERTY: {A6 de 6 i ned in the community (co►mp)tehe a ive ptan.) / (zoning ordinance) . } SUGGESTED 'DEFINITION: A pahceL o6 %eat phopeAty o6 not teA.6 than 10 conxi.guoud acnea in 6 ize, which iA undeveeoped Son any uee oxh.en than agn .cut tMa a puAPoa ea . 2.2.3 AMIBIENT NOISE LEVEL: The composite of noise from all sources near and far. In this con- text, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. • 2.2.4 COMMERCIAL AREA: { Ad de S,ined in the conm m ty (conput ehem i.ve plan) / (zoning ordinance) . ) 11 -3- 2.2.5 CONSTRUCTION: Any site preparation, assembly, erection, substantial repair, alter- ation, or similar action, for or of public or private rights -of -way, structures, utilities or similar property. + 2.2.6 CUMULATIVE PERIOD: 1' An additive period of time composed of individual time segments which may be continuous or interrupted. 2.2.7 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. 2.2.8 DEMOLITION: Any dismantling, intentional destruction or removal of structures, utilities, public or private right -of -way surfaces, or similar pro- perty. 2.2.9 EMERGENCY WORK: Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emer- gency. 2.2.10 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. "T 2.2.11 GROSS VEHICLE WEIGHT RATING (GVpWR): The value specified by the manufacturer as the recomftnded 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 recommmmnded maximum loaded weight of the combination vehicle, shall be used. -4- 2.2.12 IMPULSIVE SOUND: Sound of short duration, usually less then 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. 2.2.13 INDUSTRIAL AREA: {Ad de6ined in the conNrooU4 (comphehend.ive ptan) / (zoning o&1imnce) . } 2.2.14 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 ambient noise level. 2.2.15 LICENSED: The possession of a formal license or a permit issued by the appro- priate jurisdictional authority; or, where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record. 2.2.16 MOBILE NOISE SOURCE: Any noise source other than a fixed noise source. 2.2.17 MOTOR VEHICLE: Motor vehicle shall include any and all self - propelled vehicles as de- fined 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. 2.2.18 MOTORBOAT: Any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States goverment or any federal agency successor thereto (Section 651 (d), Harbors and Navigation Code). -5- 2.2.19 MUFFLER OR SOUND DISSIPATIVE DEVICE: A device consisting of a series of ch miers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise. 2.2.20 NOISE CONTROL _OFFICE R) (NCO): The municipal agency or department having lead responsibility for this ordinance. ( I J no bush agtney is , the t tm b hats mean the munleipa,C, o i bieia.L having .Lead reapona ` .c,Gity Jot .thi,a ordinance-) 2.2.21 NOISE DISTURBMCE: Any sound which. as judged by the Noise Control Officer, (a) endangers or injures the safety'or health of human beings or animals, or (b) an- noys or disturbs reasonable persons of norm) sensitivities,or(c) en- dangers'or injures personal or real property, or (d) violates the fac- tors set forth in Section 5 of this ordinance. Compliance with the quantitative standards as listed herein shall constitute elimination of a noise disturbance. 2.2.22 NOISE SENSITIVE ZONE: Any area designated pursuant to Section 3.2.8 of this ordinance for the purpose of ensuring exceptional quiet. 2.2.23 NOISE ZONE: Any defined areas or regions of a generally consistent land use wherein the ambient noise levels are within a range of 5 dB. (TypieWy, ae.L a.c tea within any given nice zone w,il,L be 04 eoMpahabte proxemmmay to majors no.iae bounces.) 2.2.24 PERSON: Any individual, association, partnership•o ricorporatio ,and includes � any offi cer, emnpl oyee, departmeent, agency a State or any political subdivision of a State. 2.2.25 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. -6- 2.2.26 PUBLIC RIGHT -OF -WAY: Any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity. 2.2.27 PUBLIC SPACE: Any real property or structures thereon which are owned or controlled by a governmental entity. 2.2.28 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 arithmetric 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 d6 for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz. 2.2.29 REAL PROPERTY 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. 2.2.30 RESIDENTIAL AREA: {As de6ined in the comnkun i ty (compaehen6ive plan.) / ( zoning ohdrinance) . } 2.2.31 SOUND AMPLIFYING EQUIP14:NT: Any device for the amplification of the human voice,music,or any ot4r sound, excluding standard automobile radios wren used and heard on y by the occupants of the vehicle in which the radio is'installed, and, as used in this chapter, warning devices on authorized emergency vehi- cles or horns or other warning devices on any vehicle used only for traffic safety purposes. -7- 2.2.32 SOUND LEVEL METER: An instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurament of sound levels, which meets or exceeds the requlrowts pertinent for type SEA meters in American National Standards Institute specifications for sound level meters, S1.4 -1971, or the most recent revision thereof. 2.2.33 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. 2.2.34 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. 2.2.35 WEEKDAY: Any day, Monday through Friday, which is not a legal holiday. -8- SECTION 3 AUTHORITY AND DUTIES OF THE NOISE CONTROL OFFICER) (NCO) 3.1 LEAD (AMCY /OFFICIAL): The noise control program established by this ordinance shall be adminis- tered by (t itte 06 municcpat agency on lead o6geiaW. 3.2 POWERS: In order to implement and enforce this ordinance and for the general pur- pose of noise abate t and control, the NCO shall have, in addition to any other authority vested in it, the power to: 3.2.1 STUDIES: Conduct, or cause to be conducted, studies, research, and monitoring re- lated to noise, including joint cooperative investigation with public or private agencies, and the application for, and acceptance of, grants. 3.2.2 EDUCATION: (A) Conduct programs of public education regarding: (1) the cause, effects of noise and general methods of abatement and control of noise; and (2) the actions prohibited by this ordinance and the procedures for reporting violations; and (B) Encourage the participation of public interest groups in related public information efforts. OW1,t 7 (C) Provide for training of field inspectors and other tech- nical personnel concerned with noise abatement. (in con - jo,%mmc.e with 6t4xdaA& box ,technZwt qua, ji.cations as ee- tabtiA hed by the State 0i 4c e o i No" a Con tho.t. ) 3.2.3 COORDINATION AND COOPERATION: (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) Advise on the availability of low noise emission products for replacement or retrofit of existing or planned City (County) owned or operated equipment. (E) Enter into contracts with the approval of the (appnopni.ate aufihoA,Uy) for the provision of technical and enforcement services. 3.2.4 ACTIONS OF OTHER DEPARTMENTS: Request any 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. 3.2.5 PUBLIC AND PRIVATE PROJECTS: On all public and private projects which are likely to cause noise in vio- lation of this ordinance and which are subject to mandatory review or ap- proval by other departments: (A) Review for compliance with the intent and provisions of this ordinance. (B) Require sound analyses which identify existing and projected noise sources and associated noise levels. 0 t -10- (C) Require usage of adequate measures to avoid violation of any provision of this ordinance. DISCUSSION: TW 6ection iA a tiusWd noise p0mvtntion toot, phovi.ding ' the NCO with the autkok ty not only to review pvw1 ects , brit ate o with the awdwnri ty to a A& a ouxd awa,CVAiA and ,aoci„i,,ec�tiona ion pjtojecta pane potential noise paobtems. 3.2.6 INSPECTIONS: Upon presentation of proper credentials, enter and /or inspect any pri- vate property. place, report, or records at any time when granted per- mission by the owner, or by some other person with apparent authority to act for the owner. When ptrwission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this or- dinance may exist. Such inspection may include administration of any necessary tests. DISCUSSION: In moat caeea, vc.otationa ob Section 7 uu,Y,e oecuot. in wteaa adjacent to the pAeaiseb on Ai.eh the sound aounce .c,6 actuated, ao a ae"ch watunt would not be needed. 3.2.7 PRODUCT PERFOWANCE STANOARO RECOMWNDATIONS: Develop and recommend to (-the app+wpA4ate authority) provisions regu- lating the use and operation of any product, including the description of maximum sound emission levels of such product, but not in such a manner as to conflict with Federal or State new product regulations. DISCUSSION: Although a towt govVUwWAt NW not 0tioxce a tocat .maw negaxding the noi4a tevet of an EPA-uquWed new p+toduct wkiclt ajjeets tht ah rite of much product (paatewsttd by Mv"e Act o6 191i, Sectim 6) , the tocat, .9OVeMWJtt mty Moutate tke .in -use P taduct noise ,impact thW"91t gtite U 00 en60Aaeabte agai&t the oWMA on opeAatOJt ue.ing tale PU&C t (e-p-, cWtieft on oputafiri on, potokibi Lion of ube in a xeetdeat dt ne i.ghbohkood ox hoa- pitat zone, aquutemtbi bon. ptAiodi.e ,i.ndpection and ti- ce,nA ng of the product, etc.) . I- 11 -11- 3.2.8 NOISE SENSITIVE ZONE R" NQATIONS: Prepare recommendations, to be approved by the (appnapAi.ateaufihox ty), for the designation of noise sensitive zones which contain noise sensitive ac- tivities. 3.2.9 NOISE ZONE DEFINITION: Prepare recommendations, based upon noise survey data and analytical stud- ies, to be approved by the (aRap�nopai�stt autkOai.ty), for the designation of zones of similar ambient envirora Ul noise within regions of generally consistent land use. These zones shall be identified interns of their day and nighttime ambient noise levels and their land use classifications as given in Section 7, Table 7 -1. DISCUSSION: Vioteati.one 06 fihe ptovi ionb o6 Seeti.on 1 of th" ordinance ate bae ed upon the te,Lati.ve degAte o J ,i.ntku A i On 01 the 06- 6emiing no "e doutae ovet the notmat ambient. The nom ambient .ia tegtected by an aAea'a no.iae zone dea.i.gnati.on. 3.2.10 ZONING CHANGES: Prior to the approval of any zoning change: (A) Review impact h a existing and projeednoisesources d the associated sound levels. (8) Require usage of adequate control measures on noise sources identified in (A) which will be in violation of any provision of this ordinance. 3.3 DUTIES OF THE NOISE CONTROL OFFICE(R): In order to effectively implement and enforce this ordinance, the NCO shall, within a reasonable time after the effective date of this ordinance: 3.3.1 MEASUREMENT STANDAMS AND ENFOACENENT PROCEDURES: (A) Develop measurement standards and procedures which will further the purposes of this ordinance. _ - -12- (6) effectivedenfortrcementeof this ordinance will provide for 'DISCUSSION: A Code oS Recommtwkd Ptatcfikeu containing mWwtement —'—" —' btaWm& and mad m 64AiatuUve pRocedww, .ca vatudUe in tke t n o the oAdiamee. A Code of Re mgod pxa&ttee& Bata be inc tudtd in 'flee No.cee Adinaaee N&AW@k ' pup ,ion by the State Oi ee oj Nocee Conool (&v&UA6te JMuWW 1978), inch atilt AneUde 40pte mg"awmt potoced&W apptkcabte.NCO the noiA e t evete bet JoAA in thiA ordinance. to flee ahowtd uvi ew and uv tube thi,b code, adapting it toeat egckpment and ptmowKt eapabitit .eb, ab wrU as expand the Colt to inatiade alaeage toeaG dA% w Atnative pnoceduw (cooptaixt, vah i.ance, ac..) . 3.3.2 INVESTIGATE AND PURSUE VIOLATIONS: Under the provisions of this ordinance, investigate and pursue possible violations of this ordinance. 3.3.3 DELEGATION OF AUTHORITY: Delegate functions, where appropriate under this ordinance, to personnel under the NCO and to other departments, subject to the approval of the (appnoptiato authoni.ty) . 3.3.4 COMMUNITY NOISE ELEMENT: (A) Assist in the preparation or revision thereof of the City or County noise element of the general plan as required by Government Code, Section 65302 (g), following guide- lines set forth by the State Office of Noise Control. (6) Assist in or review the total transportation planning of the community, including planning for new roads and high- ways, bus routes, airports, and other systems of public transportation, to insure that proper consideration is taken with regard to the impact of sound levels and that the policies set forth in the noise element are adhered to. (C) mining ossiblegmitigationemeasures for agencies urrent or dfore- 9 Po cast noise problems. 1 131 -13- 3.3.5 AIRPORT NOISE EXPOSURE: Assist the local Airport Land Use Commission (ALUC) in developing a plan for noise compatible land use in the vicinity of all local airports under their jurisdiction and maintain consistw4 with the provisions and policies of the general plan noise element. Appear at any hearings or meetings re- garding airport activities that would affect the noise environment of local residents in order to insure that the best interests of the community are , served. 3.3.6 STATE AND FEDERAL LAMS AND REGULATIONS: (A) prepare and publish a list of those products required to meet specified noise emission limits under Federal, State or Community Law. (B) Make recommendations to the City Council (BovAd of Supen- vi4 ona) for modifications or amendments to this ordinance to insure consistency with all State and Federal Laws and regulations. 3.3.1 ADMINISTER GRANTS, FUNDS, AND GIFTS: Administer noise program grants, funds, and gifts from public and private sources, including the State and Federal Governments. ()()()J.!)2 -14- SECTION 4 DEPARTMENTAL COOPERATION 4.1 DEPARTMENTAL ACTIONS: All departments shall, to the fullest extent consistent with their author- ities under other ordinances administered by their, carry out their pro- grams in such a manner as to further the policies stated in Section 1 of this ordinance. 4.2 DEPARTMENTAL COOPERATION: All departmants shall cooperate with the Noise Control Office(r) to the fullest extent in enforcing the noise regulations of this ordinance. 4.3 COMPLIANCE WITH OTHER LAWS: All departments engaged in any activities which result or may result in the emission of noise, shall comply with Federal and State Laws and Regu- lations, as well as the provisions of this ordinance, respecting the con- trol and abatement of noise to the same extent that any person is subject to such laws and regulations. 4.4 PROJECT APPROVAL: Each department, whose duty it is to review and approve new p acts, or changes to existing projects which result,or may result in the emission of noise, shall consult with the Noise Control Office(r) prior to any such approval. (►1:93 -15- 4.5 RIGHT OF REVIEW: If at any time the Noise Control Office(r) has reason to believe that a standard, regulation, or action or proposed standard, regulation, or action of any. deparent respecting noise does not conform to the intent of Section 1 of this ordinance, he Well► request such department to review and report to him on the advisability of revising such standard or regu- lation to conform. 4.6 CONTRACTS: Any written agreement, purchase order, or instrumeit whereby the City (C00MV) is comlmitted to the W* WwlitVre of funds -in return for work, labor, services, supplies, "UJV Wet, materials, or any combination of the foregoing, shall not be entered into unless such agreement, purchase order, or instrument contains provisions requiring that any aqui t or activities which are subject to the provisions of this code will be operated, constructed, conducted, or manufactured without causing viola - tion of this code. 4.7 LOW NOISE EMISSION PM -W—S: Any product which has been certified by the Administrator of the U.S. EnvironiWental protection Agency pursuant to Section 15 of the Noise Control Act of 1972 as a low noise emission product and which is deter- mined to be suitable for use as a substitute, shall be used in preference to any other product where economically feasible. OWV4 -16- SECTION 5 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, unneces- sary, or rnwhich disturbs annoyance toieanyf reasonable boyhood o person of normal sensitiveness residing in the area. The factors which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be lim- ited to, the following: 5.1 The sound level of the objectionable noise. 5.2 The sound level of the ambient noise. 5.3 The proximity of the noise to residential sleeping facilities. 5.4 The nature and zoning of the area within which the noise emanates. 5.5 The number of persons affected by the noise source. 5.6 The time of day or night the noise occurs. 5.1 The duration of the noise and its tonal, informational or musical content. 5.8 Whether the noise is continuous, recurrent, or intermittent. ' 5.9 Whether the noise is produced by a commercial or non- commercial activity. -17- SECTION 6 NOISE MEASUREMENT PROCEDURE The aa wwm ott paoceduxe pnkedeftftd WSW abAUMA that pVUOWtL P#AJOIM- .eng the no•id a meadwttmt&U have been tha iMd in the 46e o j the indtAWW. A and in the jn tv4*e t on o f nww umd data. Upon receipt of a complaint from a citizen, the Noise Control Officer) or his agent, equipped with sound level measurement equipment satisfying the requirements specified in Section 2, shall investigate the ceeiplaint. The investigation shall consist of a measurement and the gathering of data to adequately define the noise problem (ae epeaji.ed in the Modet Enjokeemennt Manwat) and shall include the following: 6.1 NON- ACOUSTIC DATA: 6.1.1 Type of noise source. 6.1.2 Location of noise source relative to complainant's property. 6.1.3 Time period during which noise source is considered by complainant to be intrusive. 6.1.4 Total duration of noise produced by noise source. 6.1.5 Date and time of noise measurement survey. 6.2 NOISE MEASUREIENT PROCEDURE: 6.2.1 Utilizing the "A" Weighting scale of the sound level meter and the "slow" meter response (use "fast" response for impulsive type sounds), the noise level shall be measured at a position or positions at any point on the receiver's property. i -18- In general, the microphone shall be located four to five feet above the ground; ten feet or more from the nearest reflective surface, where possible. Ilemver, in thrse cases where another elevation is dMW apropriate. the latter shall be utilized. If the noise ca plaint is reiatO to interior noise levels, in- terior noise M__ ON s shall be mNe within the afficted resi- dential unit. The Mb wre is shall be made at a point at least four feet frem the wall, ceiling, or floor nearest the noise source, with windows in the noml seasonal configuration. Cali- bration of the measureient equipmt, utilizing an acoustic cali- brator, shall be performed immediately prior to recording any noise data. 000137 -19- SECTION 7 EXTERIOR NOISE LIMITS ENfORCEM WT AHILOSOVWy: The pwvieion6 ob thi.6 6eaion 6eek to adduA6 not Ae ,ixtJt" on6 oveA and above the mire nonwo-ty a66oeiated with a g vex tO=ti.On ( ,i Ona OV44 the t &Veel . ObVi.ou6ly, At aw- b i on t no i b a vWUe 6 t1tW*0Ut the community, dep 9 Win PAOXimay to hj#&MP, pOPder,Lim demity, tdad U69P etc. T" 4w, we bet di iieaent Atmdartd6 bon v0kiOU6 6eFOULU ob At corm ty are 6uppo6ed to ne- gee t t1te exi6,tiAg day and nighttime ambient no i as levele . The ambient noise levee .ie dtjiPAd ,in teAm ob 6,taxi6tc W PdAA .tZU which deacAae the totae noose occWti.ng oven any houAey time pehiod. A no.c6e -i.nt%UAi.on ,i,6 then judged by COMMAing the abonewentioned nice bt tj,6t<.c6 with the notice 60964te On, V6. these etaWtics with the noc6e 6ouxee 061 (the ambient). ViAlaAti.an6 Oj the oxdi,wnce pAOW:s.con6 may ,then be coed in tefto ob pwtti,cc tak temb exceeded on in te#JM 04 .the m the i tkai ive nie excte*d tese &t miutd6 . Compt canoe 4h wri the noAAe ewA6ion 6tandu& a6 tie.ted herein 6haGe eonAtitute ef im- .ination ob a noise di twcbanee. 7.1 MAXIMUM PElMISSI8LE SOM LEVELS BY RECEIVING LANG USE: (A) The noise standards for the various categories of land use identified by the Noise Control Office(r) as presented in Table 7 -1 shall, unless otherwise specifically indicated, apply to all such property within a designated zone. (B) No person shall operate or cause to be operated, any source of sound at any location within the incorporated (uwiWAp0Acettd) City (Cow%4) or allow the creation of any noise on property ON a , leased, occupied or other- wise controlled by such person, which causes the noise level when measured on any other property, either incor- porated or unincorporated, to exceed: -20- (1) The noise standard for that land use as specified in Table 7 -1 for a cumulative period of more than thirty minutes in any hour; or (2) the noise standard plus 5 dB for a cumulative period of more than fifteen minutes in any hour; or (3) the noise standard plus 10 dB for a cumulative period of more than five minutes in any hour; or (4) the noise standard plus 15 dB for a cumulative period of more than one minute in any hour; or (5) the noise standard plus 20 dB or the maximum measured ambient level, for any period of time. (C) 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 d 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. (0) differentezones , thenoise�levelnlimitunapplic applicable the lower noise zone plus 5 dB, shall apply. (E) If possible, the ambient noise shall be measured at the same location along the property line utilized in 7.1 (B), with the alleged offending noise source inoperative. If for any reason the alleged offending noise source cannot be shut dawn, the ambient noise must be estimated by per- forming a measurement in the sage general area of the source but at a sufficient distance such that the noise from the source is at least 10 A below the ambient in order that only the ambient level be measured. If the difference be- tween the ambient and the noise source is 5 to 10 dB, then the level of the ambient itself can be reasonably War - mined by subtracting a one decibel correction to account for the contribution of the source. ,VWOUJU -21- DISCUSSION: It 6hould be undexetood that the 6tm&k& 6pec i P:td ix Section 7. 1, Tabte 7 -1, x P4"ent teveta not to be ex- seeded Ma than M OineuCte out of each hvun (501 01 the 60t ox L UVOA) , and that the aubeequant tiff e 1 (E) VieU neepecUV&; diron adln." given .uc 1. % the L25 t"et (!g1 of tke t�iwt. on 15 aiauitee out o the Ls 3 tevet (0. o Ae tint ox 5 mi,xuW out 01 60) , .the L 11:1 level (1.11 o f tie tiolt ox 1,ncinE+`te out o � 60) , and the L0 t�tveL (81 of the ti�at) . t MWUWL teeknique,6 u6.ing only a Bound .Level M44M and a 6tap watch axe avai t- able fox ac ,-A"t d�a�'on 06 twe %KL,& 6, th�i.6 type o 6 4"4%" .c.6 beet duo!pWMd by aeane of a mote 6oph i.6- ti.cated noise da& WAtp 6y�ete�n ixvotvcng eitkex a grtapWLic tAv#t 44comkA ox a digitarf coaaawity "oiAt anaty- zen. It 6koutd be noted, however, tkat in the majoxUY o4 nepox ted aaaplainte , v i Ota t i o n o J the 6tandaad6 6 pee c.- 6ied in 1.1 say read �Ey be ae6Beaed, uA ng only a bound .tevet MettA. In dt caee6 al Mt tke tAtUlA ift no"e tevet .c6 at &U eowtinlou6, one nude to meaeWee. the no Aa teveL and then dettf+ift how many mime ptA hoax it iA p+to- dueed. The hoiAe 6ouxve gay then be 6kown to v eotate Od4 one of the 6t+�addede (L50, L25, L8.3, L1 .7p o 0) .oi Section 1.1. The had 401L the none 6 o ph i+etc dated equc p- ment Coate when At HOA a 6ounee iA not conti.nuoae but pnodueee vanycng noise levet6 oven the hours. 7.2 CORRECTION FOR CHARACTER OF SOUND: In the event the alleged offensive noise, as judged by the Noise Control Officer, contains a steady, audible tone such as a whine, screech, or hwn, or is a repetitive noise such as hamring or riveting, or contains music or speech conveying infomational content, the standard limits set forth in Table 7 -1 shall be reduced oy 5 dB. DISCUSSION; The use of e0&%9Ctti3Ohe Jon tonal Content can create mea- bukesent P ob s". In Rbt enjokeave"t Aitu &Uo"6, the p►Reeenee ox abeenee 0J a pu+te. tone Can be detem fined wkth the eat. The met pwtt of tke de`.e�n fox "pus ,tone" .i6 of teen to tkiA 10 in COCA WM& it ,fi e mote douh t&a, the xaaeini."g pau of At demon ewe be used to p eL y de a putt tone . Koweven., eta Cattut dv wi ti on nequivA the u6 e o J a 113 Octave Band Ana.tyz en. 11 1� -22- Table 7 -1 EXTERIOR NOISE LIMITS (Levels Not To Be Exceeded More Than 30 Minutes In Any Hour) (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 assessment of coNunity noise survey data. Additional area classifications should be used as appropriate to reflect both lower and higher existing 816ient 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. 000201 Noise Level WBA) Receiving Noise Zone Classification (1) Land Use Time Category Period Rural Suburban Suburban Urban One g Two Family 10 pm- 7 am 40 50 45 55 50 60 Residential 7 am -10 pm Multiple'Dwelling 10 pm- 7 am 45 50 55 Residential 7 am-10 pm 50 55 60 .Public Space Limited Commercial 10 pm- 7 am 55 Some Multiple 7 am -10 pm 60 Dwellings 10 pm- 7 am 60 Commercial 7 am -10 pm 65 Light Industrial Any Time 70 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 assessment of coNunity noise survey data. Additional area classifications should be used as appropriate to reflect both lower and higher existing 816ient 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. 000201 -23- SECTION 8 INTERIOR NOISE STANDARDS 8.1 MAXIMUM PERMISSIBLE DWELLING INTERIOR SOUND LEVELS: (A) The interior noise standards for multifamily residential dwellings as presented in Table 8 -1 shall apply, unless otherwise specifically indicated, within all such dwel- lings with windows in their normal seasonal configuration. Table 8 -1 Noise Type of Time Allowable Interior Zone Land Use Interval Noise Level (dBA) All Multifamily 10 pm- 7 am 35 Residential 7 am -10 pm 45 (B) 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: (1) The noise standard as specified in Table 8 -1 for a cumulative period of more than five minutes in any hour; or (2) the noise standard plus 5 dB for a cumulative period of more than one minute in any hour; or (3) the noise standard plus 10 dB or the maximum measured ambient, for any period of time. uoo2oa -24- (C) If the measured ambient level within any of the noise limit able noise exposure standard crements in each category as ambient noise level. 8.2 CORRECTION FOR CHARACTER OF SOUND: In the event the Officer, contains or is a repetitive or speech conveyin in Table 8 -1 shall ti.on 1.2. ) differs from that permissible categories above, the allow - shall be adjusted in 5 dB in- appropriate to reflect said alleged offensive noise, as a steady, audible tone such noise such as hammering or g informational content, t be reduced by 5 dB. (Red ehjudged by the Noise Control as a whine, screech, or hum, riveting, or contains music he standard limits set forth to V"cu ,6ion jottming Sec- 111 1 -25- SECTION 9 PROHIBITED ACTS DISCUSSION: Th.i.e 6eeti.on iA not intended to tiMi t the appUcab.i fity 06 Section 7 (Exteh i.o)L Moi6 a Limits) non the Geneu t No c,6 e RegaCation o6 Section 5, but it ,cs meant-to supptement them in jour main acea6: (A) Cabe 6 where a no.i.s e 6 ounce .c,6 o6 such a nature that it would be di' 6icutt, to not .impoba.ibte, to enjoree the provie,i.ou of Section 7 (e.g., barking dogs, loading and untoading acti vAti.e6 , etc.) . (B) Situations where a noiz e 6 ounce might be in eompe i.anee with Section 1 and yet stitt cauee a noi.ae di.6tunbanee (e.g., tetevczion on ampi.i6.i.ed mu6,icae..en4tnument6 at night, etc.) . (C) Anea6 in a community with z peci.at noi,6 a pro bteme not eoveAed in Section 7 (noi6 e 6 em ti.ve zones, mtdti.- 6am ty dwett ingd) . (a) Noi6e eounce6 which. have 6peci6ic Bound tevet .e wte (e.g., air condi ti.oneu) on have time re6tn i.cti.ons bon opehati.on (e.g., teeting e"eney 6ignat ng dewi.cea, etc.) . En6oneement action under "noi4 a dietunbance" (nu i eance) pro - vi.6ion6 in this section 6koutd be u6ed YjiA caution. Untees a nw:4anee can be paoven to be a diatwLbo ce, .c t i-6 di.� to prove in cowLt, thane one, "naiAance" action wo beet be used only wken none epec ge sections in the ordinance do not adequately coveA the probtem. (Re. Section 415) (e) , Cafi.jonni& pe"t Code and ahti.cu 3479 et. beq., Cati6oui.a C+i.v.c t Code.) Conpatianee with the standaA& as speci6 ed herein shams cons&We noi,6e emiA.6 i.on tevet6 which do not disturb twonabte pehAon6 o6 nonmat semit v- -cii.e6 . -26- 9.1 NOISE DISTUMANCES PRW IBITED: No person -shall unnecessarily make ,'continue, or cause to be made or con- tinued, any noise disturbance. 9.2 SPECIFIC PROHIBITIONS: The following acts, and the causing or permitting' thereof, are declared to be in violation of this ordinance: 9.2.1 RADIOS TELEVISION SETS MUSICAL INSTRt14ENTS AND SIMILAR DEVICES: Operating, playing or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound: (A) 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 cco rcial real property line or at any time to violate the provisions of Section 7.1, except for activities for which a variance has been issued by the (apWpniate auxh.- on,ity) . (B) In such a manner as to exceed the levels set forth for pub- lic space in Table 7- 1,wmasured at a distance of at least 50 feet (15 meters) from such device operating on a public right -of -way or public space. 9.2.2 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 pro- perty line, or at any time violates the provisions of Section 7.1, except for any non-commercial public speaking, public assembly or other activity for which a variance has been issued by the (appaopstiate auzkoxity). = VISCUSSI ON: To avoid congict with the conaxi tuuQionat4 peoxtcAd Ai9W 06 �Uedvm ob eptecA and Cf e*it"Sion, cam mkt be .tahen to outtine ce"A, obleWveand non- diae&LWnL ng ,6tandanda jon defie%mining wketheA and in wkat caaea a van - iance ehoutd be gna uted. 003 -27- 9.2.3 STREET SALES: Offering for sale, selling anything, or advertising by shouting or outcry within any residential or commercial area or noise sensitive zone of the City (County) except by variance issued by the (apWpA&te aufkox,ity). 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 enter- ' tainment events. 9.2.4 ANIMALS AND BIRDS: Owning, possessing or harboring any animal or bird which frequently or for long duration, howls, barks, meows, which create a noise disturbance across property line or within a noise sensitive apply to public zoos. 9.2.5 LOADING AND UNLOADING: squawks, or makes other sounds a residential or commercial real zone. This provision shall not 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 dis- turbance across a residential real property line or at any time to violate the provisions of Section 7.1. 9.2.6 CONSTRUCTION /DEMOLITION: (A) Operating or causing the operation of any tools or equip- ment 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 (Sunaia0 /weekende) or holidays, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line, ex- cept for emam9ency work of public service utilities or by variance issued by the (appeop%iaxe aut"lAoA44). (This sec- tion shall not apply to the use of domestic power tools as specified in Section 9.2.12.) (B) Noise Restrictions at Aff� Pte: Where technically and ecomwmmicaliy 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: -28- AT RESIDENTIAL PROPERTIES: Mobile Equipment Maximum noise levels for nonscheduled, intermittent, short -term operation (less than 10 days) of mobile equipment: Type I Areas Type II Areas Type III Areas Single Family Multi- Family Semi- Residential/ Residential Residential Commercial Daily, except Sundays and Legal 75 dBA 80 dBA 85 dBA Holidays 7 a.m. to 7 P.M. Daily, 7 p.m. to 7 a.m. and all 60 dBA 65 dBA 70 dBA day Sunday and Legal Holidays Stationary Equipment Maximum noise levels for repetitively scheduled and relatively long -term operation (periods of 10 days or more) of 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 dBA 65 dBA 70 dBA Holidays 7 a.m. to 7 p.m. Daily, 7 p.m. to 7 a.m. and all 50 dBA 55 dBA 60 dBA day Sunday and Legal Holidays X07 _f -29- AT BUSINESS PROPERTIES: Mobile Equipment Maximum noise levels for nonscheduled, intermittent, short -term operation of mobile equipment: Daily, including Sundays and Legal Holidays, all hours; maximum of 85 dBA. 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 d8A. (C) All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with suitable ex- haust and air intake silencers in proper working order. 9.2.7 VIBRATION: Operating or permitting the operation of any device that creates a vibra- tion 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. 9.2.8 P0WERED MODEL VEHICLES: Operating or permitting the operation of powered model vehicles: -30- (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 7.1. (B) In such a manner as to exceed the levels set forth for pub- • ' lic space land use in Table 7.1,r&asured 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. 9.2.9 STATIONARY NON- EMERGENCY SIGNALING DEVICES: (A) 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. (B) Houses of religious worship shall be exempt from the oper- ation of this provision. (C) Sound sources covered by this provision and not exempted under subsection (B) shall be exempted by a variance issued by the (appno pni ate authonit y) . 9.2.10 EMERGENCY SIGNALING DEVICES: (A) The intentional sounding or permitting the sounding out- doors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in subsection (B). (B) (1) 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 mini" cycle test time. In no case shall such test time exceed 60 seconds. (2) Testing of the complete emergency signaling system, including 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 (B 1) shall not apply to such complete system testing. 000209 -31- (C) Sounding or permitting the sewiiing of any exterior burglar or fire alarm or any .motor vehicle burglar alarm unless such alarm is terminated within 15 minutes of activation. 9.2.11 NOISE SENSITIVE ZONES: (A) Creating or causing the creation - of any sound within any noise sensitive zone, so as to exceed the specified land use noise standards set forth in Section 7.1, provided that conspicuous signs are displayed indicating the presence of the zone; or (B) Creating or causing the creation of any sound within or adjacent to any noise sensitive zm ,containing a hospital, nursing home, school, court or other designated area, so as to interfere with the functions of such activity or annoy the occupants in the activity, provided that conspicuous signs are displayed indicating the presence of the zone. 9.2.12 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, puep, such as swimming pool equip- ment, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance in ac- cordance with Section 7.1. DI_ Section 9.2.12 (A) A4&t& L to .fie optution o f dam & V c powtn. toote duAin tk IMW, V*UA SWUM 9.2.12 (8) M*& A" - cont�t 06 P~ w- smite dWkRUgft enrt""U, di A• and /ax waim in iA6* rea" At" aurh no"e con6titNUt a MiAt Tkiattott of wit &MA • 6 ec ti©n .cd to coot MW&4 maekbty no i t e csuAi g a dpi a - .twdxwee when the ,technotogy ,i.d 'M&Uty availabte. 000210 -32- 9.2.13 RESIKNTIAL AIR- Q"1TIQ115118 OR AIR-MAMIBLIN EQUIPMENT: Operating or permitting the operation of any air - conditioning or air - handling equipment in such a mawner as to exceed any of the following sound levels: Measurement Location Any point on neighboring property line, 5 feet above grade level, no closer than 3 feet from any wall. Center of neighboring patio, 5 feet above grade level, no closer than 3 feet from any wall. Outside the neighboring living area window nearest the equipment loca- tion, not more than 3 feet from the window opening, but at least 3 feet from any other surface. Units Installed Before 1 -1 -80 dB (A) .� 55 55 Units Installed On or After 1 -1 -80 dB (L 55 VISCUSSION: The above sound tivetA MdAt mt�u"Wnt PA ° (Code 0i Recowmemded Pasetze") aft b"ed *OK sup "vial" made b y the A,ivic -Condi t�i.owin$ mai lit K I"titu�te. Coot- bing y and oth" ' on commene i.a�C a,c -handt ing un i tb ja tL undex the p�tnv iAi0"b 06 Section 7.1. 9.2.14 PLACES OF PUBLIC ENTERTAINMENT: Operating or permitting the operation or playing of any loudspeaker, musi- cal instrument, motorized recing vehicle, or other source of sound in any place of public enterta nrnt that SS000 t 9S AAA as reed on the slow re- sponse of a Sound Level Neter at any pe°tnt normally occupied by a cust mer, without a conspicuous and legible sign stating: "MIMING: SOUND LEVELS WITHIN MAY CAUSE HEARING I14PAIR14ENT ". .c . T -33- 9.2.15 TAMR_ The following acts or the causing thereof are prohibited: (A) The removal or rendering inoperative, other than for pur- poses of maintenance, repair, or replacement, of any noise control device or element thereof, of any product identi- fied under Section 3.3.6. (B) The removal of any noise label from any product identified under Section 3.3.6. (C) has had under Section 3.3.6, which lementthereofor noise label removed or rendered inoperative. -34- SECTION 10 MOTOR VEHICLE NOISE LIMITS 10.1 MOTOR VEHICLES OPERATING ON POLIC RIGHT -4F -MAY: Motor vehicle noise limits on a public right-of-"y are regulated as set forth in the California Motor Vehicle Code, Sections 23130 and 23130.5. Equipment violations which create noise pvvblees are covered under Sec- tions 271510 and 27151. Any peace officer of my jurisdiction in California may enforce these provisions. Therefore, it shall be the policy of the City (Cowty) to enforce these sections of the California Motor Vehicle Code. DISCUSSION: A&U a uiolation o6 I10"C tiwirte a& et ltd in SeCUOwd 23130 a ed 23130. 5 4.6 tko _W .to tacijx (e ixi " ab dttVWAtd by mWsWm t of tke serail ttvtt W4A a sound ttvtt mttA on the w4~10"t o c'a ambitatuc opur M) awl Mkt t --&! md�it xJam6t 4m4A to be Jeoft at d, CarGi.to"LA M�' 19 out , 44va 'We ,ina&L t6 mat cat tu- .tcon WW" Station 2 7151 iA tkt ea i"t and most ejf te,Li ve. "Aedy. 10.1.1 REFUSE COLLECTION VEHICLES: (A) No person shall collect refuse with a refuse collection vehicle between the hours of 7 p.m. and 7 a.m. (6 a.m.) within or adjacent to a residential area or noise sensitive zone. t- (B) No person authorized to engage i n vests disposal service or garbage collection shall operate any truck - mounted +caste or garbs, loading an#/or coaWting equipment or similar do vice in any menmer so as to create any noise exaeadlng the following levels, measured at a distance of 50 feet from the equipment in an open area: (1) New equipment purchased or leased on or after a date six (6) months from the effective date of this ordin- ance: 80 dBA. JW212 -35- (2) ssix 36) months from chapter: 75 dBA. or leased on or after thirty - the effective date of this (3) Existing eWiPWt, on or after five (5) years from the effective date of this ordinance: 80 dBA. 10.2 MOTOR VEHICLE HORNS: It is unlawful for any person to sound a vehicular horn except as a warn- ing signal (Motor Vehicle Code, Section 27001). 10.3 MOTORIZED RECREATIONAL VEHICLES OPERATING OFF 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 maner that the sound levels emitted therefrom violate the provisions of Section 7.1. 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 andidune,buggiesycbut, not includingnatoamphibious r'boatscraft, cam- pers, DISCUSSION: Fon aaadstm ae ,im 440uemewt 01 S"t'orc 10.3, the appu- caw 6ectiona of tkt Cajomx& 6btc)t VekieU Code; 27200, 27203, 38365, and 33370, amt .i,neAdtd in the d z�n nejemmce. The va&imcce pwce as 6pec�i fte 12.1 ahoutd be .cneoAp"Lftd joic 6pec t Adcing ox co"Pe'tc'- ti,on even tb conducted on pubtGi c n i.ghtd -o f -way. 10.4 MOTORBOATS: gating or permitting the oParation of any motorboat in any 1aloe, river, stream, or other waterway in swh a mWWW as to causea nos anytiimente across a residential or commwcial real property e or violate the provisions of Section 7.1. DISCUSSION: AA an aid to exiomctwowt of station 10.4, tkt aWOU1 9"t no "t axan/a & dam. motomb"" as bet Wtle.inthe Ha+t" and Kauiotion Cod&; Satiom 654, 654.05, 654.06, and 668, have been inctuded in the Appexdi.X. 08, W14 r V, -36- 10.5 VEHICLE,_ NOTOM0AT, OR AIK%*7 REPAIR AND TESTING: (A) Repairing, rebuilding, m difying, or testing any motor vehicle, motorbast, or aircraft in such a manner as to create a noise disturbance across a residential real pro- perty line, or at any time to violate the provisions of Section 7.1. (6) restrict, penalize, Onjoin , or in movement of aircraft which are in accordance with, or pursuant to, or regulations. 10.6 STANDING MOTOR VEHICLES: construed to prohibit, any manner regulate the all respects conductedin applicable Federal laws No person -shall operate or permit the operation of any motor Yehicle, with a gross vehicle weigkt rating (OW) in excess of ten thousand (109000) pounds, or any auxiliary MWipmmmt attached to such a cle,stationry, per- iod longer than 15 minutes in any hour while the vehicle is right-of-way na or for reasons other than traffic congestion, on a pub natedcnoiseesensitive5zoneetbetween meters) Fwursaofr�lOdp miaandr7aa,m.desig- -37- SECTION 11 SPECIAL PROVISIONS (EXERTIONS) 11.1 EMERGENCY EXEMIPTION: 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 emer- gency, or (b) the emission of sound in the performance of emergency work. 11.2 WARNING DEVICES: Warning devices necessary for the protection of public safety, as for ex- ample, police, fire and o6ulance sirens, and train horns, shall be ex- opted from the provisions of this ordinance. 11.3 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 or license issued by the City (Cowtty) relative to the staging of said events. 11.4 EXEMPTIONS FROM EXTERIOR NOISE STN#0ARDS: The provisions of Section 7.1 shall not apply to activities covered by the following sections: (A) 9.2.3 Street Sales; ,•. (B) 9.2.6 Construction/Demolition; (C) 9.2.9 Stationary Non - emergency Signaling Devices; (D) 9.2.10 Emergency Signaling Devices; (E) 9.2.12 (A) Domestic Power Tools, Machinery; (F) 9.2.13 Residential Air - Conditioning or Air - Handling Equipment; -38- (G) 10.1 Right-of-Way; ttooViclles Operating on Public (H) 10.1.1 Refuse Collection Vehicles. ; 11.5 AGRICULTURAL OPERATIONS: All mechanical devices, apparatus, or equipMtt associated with agricul- tural operations conducted on agricultural property unless, if in the vicinity of residential land os'�i s case a variance devices, permit re- quired (Re. Section 12.1) t o pe ratenoeproduci ng wi th the following stipulations: (A) Operations do not take place between 8 p.m. and 6 a.m.; or (B) Such operations and equipment are utilized for the protec- tion or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; or (C) Such operations and equipment are associated with agricul- tural pest control through pesticide application, provided the application is made in accordance with permits issued by or regulations enforced by the (appxop4i,ate a &0X ty); or (0) Such devices utilized for pest control which incorporate stationary or mobile noise sources (electro- mechanical bird scare devices, etc.) are 0 rated only by permit issued by the Noise Control Officer. The allowable hours and id days for operation of these devices will specified permit. (E) All equipment and machinery wenred byinternal c�ndtion engines shall be equipped air intake silencer in good working order. 11.6 FEDERAL OR STATE PRE D ACTIVITIES: Any other activity to the extent regulation thereof has been preempted by State or Federal Law. M -39- 11.7 ptE- EXISTING NOISE SOURCES (OPTIONAL) Thou e o PMVWAaC and /on .cn".t dAt opt, UOPA in eUA tepee pnion to the o► atCca z deft off ' a K o f ond m" i g in � oxit�ttteb txdt" a 5 , ,� At date o� adopctic►n �Jt xo cp�y pweow.rt i o s off. Ij, at filtt end od e 5 ytdut pMt�r�iod, item em be &hdm co "WAnct With the wwvi,�,i,ona h"tix con-t to a h4A&4,P in t� 01 ttc�hwi ca�L. and ecowm& its " bey. a v&v:g nee my be gxan ted on an anmat bae.c a untF.t a uch tilt ae eomptimee my be ai6ected. 000218 to -40- SECTION 12 VARIANCES flT9CiI5SI0dN: Thm wia be soave luat�iti.ed aWviU" bon whi.eh a met with eta+. iJ a ae�tiw.ti.ta au .t�ta- dWoiwr t events ,ix At c oMruri ty (Ve tt "A' a fay PW"t& 1 bpo&tirg evtaxa, ete.) , it woudld be puienabte to grant a btaWW exception und#A Section 11.4 n AeA than ne q o ut ing a vatimee on a eaee -by -coot ba,6 is . 12.1 SPECIAL VARIANCES: (A) The NCO is authorized to grant variances for exception from any provision of this ordinance, subject to limitations as to area, noise levels, tine livits, andother terms and con- ditions as the NCO det4ererines 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 activi- ties. (B) Any person seeking a variance pursuant to this section shall file an application with the NCO. The application shall con- tain infomtion which down strafes that bringing the source of sound or activity for which the variance is sought into compliance with this ordinance would constitute an unreason- able hardship on the applicant, on the rinwnity, or on other persons. The application shall be accompenied by a fee in the a t of dollars. A separate appl i - cation shall be fil iwiso source: provided, how- ever, that several nsbile sources under cousin ownership, or several fixed sources on a single property may be com- bined into one application. Notice of an application for a variance shall be published according to (juaiad cti "t pwas4Wet). Any individual who claims to be adversely af- fected by allowance of the variance may file a statement with the NCO containing any information to support his clams. If at any tin the NCO finds that a sufficient con- troversy exists regarding an application, a public hearing will be held. 0t021` -41- (C) In determining whether to grant or deny the application, the NCO shall balance the hardship on the applicant, the community, and other persons of not granting the variance against the adverse fieMct on the heelth, safety, and wel- fare of persona affected, the adverse impact on property affected, and any other adwarse i actpersonaranntingtl g variance. Applicants for variamcga variances may be required to submit such information AS the NCO may reasonably require. In granting or denying an of application, the NCO shall keep on public file a copy the decision and the reasons for denying or granting the variance. (D) Variances shall be granted by notice to the applicant lcon- taining all necessary conditions, on the permitted activity. The variance shall not become effective until all conditions are agreed to by the appli- cant. Noncompliance with any condition of the variance shall terminate rovisionsiaof this subject ance� forswhichldthe it to p variance was granted. (E) A variance will not exceed 365 days from the date on which it was granted. Application for extension of time limits specified in variances or for modification of other sub - stantial conditions shall be treated like applications for initial variances under subsection (B). .t (F) The NCO will issue guidelines P�ea��o section 3.3-1 approved by the (ap�rte the fol nped variance the cri eriatobecons red idciing whethertogrant a variance. 12.2 VARINKES FOR TIMIE TO C MLY : (A) Within 90 days folloving the effective date of this ordin- ance, the ownfr of any CIMmwcial or iniustrial source of sound may apply to the NCO for a variance in time to comply with the provisions of this ordinance. The NCO shell have the authority, consistent with this section, to great ,. variance (not to "a"d dMp t o moire oAdi nm" - The71MI O'Cu ►res and i tlerati oas by the NCO as followed under Section 12.1 shall likewise apply. i� 12.3 APPEALS Is of an adverse R ev iaM �dA t imUed to A then 6peci6w by the -42- deci sign of the KO shal I be � to the (app+eow"Aft. of the (grpaeM R shall be (dt NOVO / the deci ioa � brpnpv�tfd by aubet�otnti�t ev�i.dexet1 - a no "e. a vaaiamA board, Whoe a jww ti on .c t" UISCMION. The concept o6 to tkt no.cee ond�,nance based to grant ax d o h" phovex ducce" jut jA OAm9e n .cnputs 6 tkt NCd, off. ftplf& axe hetd, at wh,ieh time au COM&i&md, ag with ata66 nec- Tht coma"te o 6.ive voL- c etti.vta appocnted by the Board o 6 untea cowmauyc a MaieaL Voetox and a pno6"—&- onat SupeAviaonb, ouch a bodAd may be deahaUe i AcoueUcim. Fonecto 6 it adatg 9 the NCO too �Lacat p� h to euppo�t .i6 the ntgion .ia Wee eAOUQ t uaon6U#W1. such a group (a county -wide board apptan� 1 71 '' � I -43- SECTION 13 ENFORCEMENT DISCUSSION: pAovu.8.iona of Section 13 should be modijked to eoniOAM w'itk ,Local law. Specify, the city on county may wick to make vi,outi.one o the oft "ix4kacti.oti8" b #o 06toac ao th&X fil" Mwedaweanou. Adds xi,onat.Ly, ,i.i the amt oad" i16 not covet i.ed with, the city 0& coWtity MW wmat to uUt i ze a diacxt ti on"W.. pow! 06 i6AQ,ixg an agent ond" 6oh a 6Wx vcotdti.on, 6o1.- .Lowed by a citation bon ,6Wmequen t v iotati ona . Sow& o6 fike wont 6uoc "W novae ond'ixance peoSaQaa in the Stale iAC0A roaate filed p�oticy ,o 6 a "eo 6x- buzz approach. That ,i a , "ti t izati,on Al v�.on notk ea and WAtiAge with tke cow�aciNawt and wee o o�c ox aa�tae oj zee oiju.i ve device Ax oAd" to )teaolve. fihe cowp" nt a,i tuition without 6owt count actions. 13.1 PRIMA FACIE VIOLATION: Any noise exceeding the noise level limits for a designated noise zone as specified in Sections 7 and 8 or the prohibited actions as specified of Section 9 of this chapter, shall be demd to be prima facie a violation of the provisions of this chapter. 13.2 VIOLATIONS: MISOGWAIMMS (INFLICTIONS): ,'•, Any person violating any of the provisions of this chapter shall be deemed guilty of a misdememor (dxjnaetion) and upon conviction thereof, shall be fined in an amount not to exceed dollars or be imprisoned in t the City ( county) 4 ai 1 for a peri aF- Wff"to exceed 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. -44- _ 13.3 ABATEMENT ORDERS: (A) Except as provided in subMtion (B), in lieu of issuing a notice of prev violation as i4ed for in Section 13.4, the NCO or other (/) responsible for enfbrce�ment of any provision of s one may issue an order re- quiring abatement of a sewed sours* alleged to be in vio- r lation, within a raa"seble tin period and according to guidelines (to be sppnoved by the appWp4i ae autkon c ty) which the NCO may prescribe. (B) An abatement order shall not be issued for any violation covered by Section 13.2. (C) No complaint or further action shall be taken in the event that the cause of the violation has boon removed, the con- dition abated or fully corrected within the time period specified in the written notice. 13.4 NOTICE OF VIOLATION: Except where a person is acting in good faith to comply with an abatement order issued pursuant to Section 13.3 (A), violation of any provision of this ordinance shall be cause for � � mib)'ro� - p[aint) /(,ix�) to be y meat (agency /oj6.tcid) according to procedures which the NCO may Prescribe. 13.5 vIOLATIONS: ADDITIONAL RWDIES - M1NiCTIONS: As an additional remedy, the operation or maintenance of any device, in- strument, vehicle or machinery in violation of any provision of this chap- ter which operation or maintenance causes or creates sound levels or vibration exceeding the allowable limits as specified in this chapter shall be deemed and is her*IW declared to be a public nuisance and may be subject to .abatement sumeneri y by a restrainsrq order or injvwtisn issued by a court of competent jurisdiction. Additionally, no Provision of this ordinance shall be construe® to impair any COMM law or statutory cause of action, or legal rowdy therefrom, of any person for injury or demege arising from any violation of this ordinance or from other law. s � 1 L -46- 13.6 CITIZEN SUITS: (A) After 30 days fW=l notice of complaint to the enforcing icy, any citim of the City (Cow4g) my bring and maintain an action for injunctive relief to compel enforce- '' ment of this ordinance. (B) Provision (A) does not premt any person from commencing ' al�ivil to be�in�violatlonbof anyap�rovisionyof his ordin- ance.egad 13.1 SEVEPADILITY : If any provision of this ordinance is held to be unconstitutional or other- wise invalid by court ha11 no�nv Jurisdiction, the remaining provi- sions of the ordinance 13.8 EFFECTIVE DATE: This law shall take effect on 111