Chapter 18.44 - Noise

Sections:

18.44.010 - Purpose of Chapter
18.44.020 - Noise Complaints
18.44.030 - Noise Measurement Criteria
18.44.040 - Exterior Noise Standards
18.44.050 - Residential Interior Noise Standards
18.44.060 - Prohibited Acts
18.44.070 - Exceptions

18.44.010 - Purpose of Chapter

This Chapter establishes standards for the elimination and regulation of noise disturbances in order to protect the health, safety, welfare, and living/working environments of those living and working in the Town.

18.44.020 - Noise Complaints

Persons who believe that noise sources exceed any of the standards provided in this Section may file a complaint with the appropriate Town department as follows:

A. Community Development Department. Noise complaints regarding the following types of noise sources shall be directed to the Department:

1. Commercial (non-governmental) repair or testing of aircraft, boats, or motor vehicles;

2. Loading and unloading activities; or

3. Stationary, non-emergency, non- residential sources.

B. Other departments. Noise complaints regarding the following types of noise sources shall be directed to the Police Department or Animal Control Department. This Development Code does not contain procedures for regulating or enforcing standards related to these noise sources:

1. Animals (Animal Control);

2. Emergency signaling alarms or devices;

3. Motor vehicles (including alarms, radios, tape or disc players, etc.);

4. Places with dance permits; or

5. Radio, tape or disc players, television, or any similar devices whether on public or private property.

18.44.030 - Noise Measurement Criteria

A. Exterior noise. Exterior noise levels may be measured at any point on the affected church, commercial property, hospital, public library, residential property, or school.

B. Noise measurement equipment. Any noise measurement made in compliance with this Section shall be made with a sound level meter using the 'A' weighted scale at slow meter response. Fast meter response shall be used only for an impulsive noise. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately before the recording of any noise data.

18.44.040 - Exterior Noise Standards

It shall be unlawful for any person, at any location within the Town, to create any noise or to allow the creation of any noise on property leased, occupied, owned, or otherwise controlled by the person which does not comply with the provisions of this Section, unless the provisions of either Sections 18.44.050 (Residential Interior Noise Standards) or 18.44.070 (Exceptions), below have been met.

A. Exterior levels. Exterior noise levels, when measured at any receiving church, commercial, hospital, public library, residential or school property, do not conform to the provisions of this Section when they exceed the noise level standards established by Table 3-8.

B. Ambient noise level adjustment. In the event the measured ambient noise level exceeds the applicable noise level standard in any category above, the applicable standards shall be adjusted to equal the ambient noise level. For example, if the applicable noise level standard is 60 dB(A) and the ambient noise level is 63 dB(A), the applicable noise level standard would be adjusted to 63 dB(A). In these cases, a use would not exceed the applicable noise level standard if it did not increase the ambient noise level by more than 3.0 dB(A) when the ambient noise level is between 60 and 65 dB(A) or by more than 1.5 dB(A) when the ambient noise level is greater than 65 dB(A).

C. Simple tone noises. Each of the noise level standards specified above shall be reduced by five dB(A) for simple tone noises, noises consisting primarily of speech or music or for recurring impulsive noises.

D. Intruding noise source. If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period to allow measurement of the ambient noise level, the noise level measured while the source is in operation shall be compared directly to the applicable noise level standards in Table 3-8.

E. Equipment noise. The noise level standard applicable to the emission of sound from regulators, transformers, and associated equipment in electrical substations shall be 60 dB(A).

TABLE 3-8

NOISE STANDARD BY RECEIVING LAND USE

Notes:

(1) For example, this means the measured noise level may not exceed 55 dB(A) for more than 30 minutes out of any one hour time period.

F. Commercial/Industrial exterior noise standard. Whenever a new office, commercial, hotel/motel, or light industrial use is proposed on a parcel where the existing ambient noise levels may exceed 70 dB(A) CNEL, the land use permit application shall include an acoustical analysis of the affect of noise sources on the use. The acoustical analysis shall identify appropriate mitigation measures that reduce noise levels to acceptable levels. These mitigation measures shall be incorporated into the design, construction, and operation of the use. Office, commercial, hotel/motel, and light industrial uses that cannot mitigate noise levels to "Normally Acceptable" levels as defined in Table 6.1 of the General Plan shall not be approved.

G. Public/Institutional exterior noise standard. Whenever a hospital, library, school, congregate care, or similar public or institutional use is proposed on a parcel where the existing ambient noise levels may exceed 65 dB(A) CNEL, the land use permit application shall include an acoustical analysis of the affect of noise sources on the use. The acoustical analysis shall identify appropriate mitigation measures that reduce noise levels to acceptable levels. These mitigation measures shall be incorporated into the design construction, and operation of the use. Public and institutional uses that cannot mitigate noise levels to "Normally Acceptable" levels as defined in Table 6.1 of the General Plan shall not be approved.

H. Sensitive land uses. Whenever a use is proposed on a parcel where the expected noise levels generated by the use, when measured at any receiving church, hospital, public library, residential, or school property, may exceed the noise level standards established by Table 3-8, the land use permit application shall include an acoustical analysis of the affect of the noise generated by the use on the sensitive land use property. An acoustical analysis shall also be required when a commercial or industrial loading dock or area is located within 300 feet of a sensitive use. The acoustical analysis shall identify appropriate mitigation measures that reduce exterior noise levels to acceptable levels established by Table 3-8. These mitigation measures shall be incorporated into the design, construction, and operation of the use.

I. Mitigation. Reasonable noise mitigation measures including building setbacks, alternative site design techniques, and alternative building orientation layouts shall be employed in lieu of sound walls to mitigate noise impacts. Sound walls may be used if there are no other reasonable mitigation measures available or all reasonable mitigation measures do not satisfactorily reduce noise levels to acceptable levels.

18.44.050 - Residential Interior Noise Standards

Single-family and multi-family residential development shall be designed and constructed to comply with the interior noise standards of this Section.

A. Interior noise standard. Whenever a new single-family or multi-family dwelling unit is proposed on a parcel where the existing exterior ambient noise level may exceed 60 dB(A) CNEL, the land use permit application shall include an acoustical analysis showing the dwelling unit has been designed to limit intruding noise to an interior CNEL of 45 dB, in compliance with California Code of Regulations Title 24, Part 2.

B. Residential development affected by aircraft noise. Land use permit applications for residential structures proposed within the Airport 55 dB CNEL contour shall comply with the provisions of Section 18.64.060 (Airport Noise Zones).

C. Noise mitigation measures. Whenever interior noise levels may exceed 45 dB CNEL, residential developments shall incorporate the following noise mitigation measures, where appropriate:

1. Increase the distance between the noise source and the receiver;

2. Locate bedrooms on the side of the structure away from major public rights-of-way; and/or

3. Locate land uses not sensitive to noise (e.g., garages, maintenance facilities, parking lots, utility areas, etc.) between the noise source and the receiver.

D. Noise barrier standards. The minimum acceptable surface weight for a noise barrier is four pounds per square foot (equivalent to three-fourths inch plywood). Noise barriers shall interrupt the line-of-sight between the noise source and the receiver. The barrier shall be of a continuous material which is resistant to sound and may including the following:

1. Earth berm or a combination of earth berm with concrete block; or

2. Masonry block; or

3. Precast concrete.

18.44.060 - Prohibited Acts

The following acts, and the causing or allowing of these acts, are a violation of this Section:

A. Places of public entertainment. Operating or allowing to be operated, any loudspeaker, musical instrument, or other source of sound in any place of public entertainment that exceed 95 dB(A) at any point normally occupied by a customer, without a conspicuous and legible sign stating, "WARNING! Sound levels within may cause hearing impairment." Nothing in this Section shall be construed to allow any violation of Section 18.44.040 (Exterior Noise Standards) or any noise disturbance in any place of public entertainment;

B. Emergency signaling devices. The intentional sounding or allowing the sounding outdoors of any burglar, civil defense or fire alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing, which shall only be conducted in the following manner:

1. The testing of a stationary emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Any testing shall use only the minimum cycle test time. The test time shall not exceed 60 seconds; and

2. The 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. The testing shall not occur before 7:00 a.m. or after 10:00 p.m. The times specified in Subsection 1., above shall not apply to the complete system testing.

C. Sounding of alarms. Sounding or allowing the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless the alarm is terminated within 15 minutes of activation;

D. Stationary non-emergency signaling devices.

1. Sounding or allowing 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 one hour period;

2. Religious institutions shall not be exempt from the provisions of this Section. However, reasonable accommodation shall be provided for public services. "Reasonable" is defined, for the purposes of this Section, as the minimum necessary to allow freedom of expression; and

3. Sound sources covered by this Section and not exempted under Subsection b., above may be exempted by a Variance, approved in compliance with Chapter 18.44.

E. Loading and unloading. Closing, loading, opening, unloading, or other handling of boxes, building materials, containers, crates, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner that causes a noise disturbance beyond a residential property line. This action shall not apply to activities where the items handled are still in interstate commerce; and

F. Residential air conditioning, refrigeration, and heating. Notwithstanding the provisions of Section 18.44.040 (Exterior Noise Standards) where the intruding noise source is a residential air conditioning or a refrigeration system, heating system, or associated equipment installed before the effective date of this Section, the exterior noise level shall not exceed 55 dB(A). For equipment installed after the effective date of this Section, the exterior noise level shall not exceed 50 dB(A).

18.44.070 - Exceptions

A. Construction. The provisions of this Chapter shall not apply to noise sources associated with non-single family residential construction, provided the activities do not take place before 7:00 a.m. or after 9:00 p.m. on any day except Sunday, or before 9:00 a.m. or after 6:00 p.m. on Sunday. The review authority may impose further limitations on the hours and day of construction or other measures to mitigate significant noise impacts on sensitive uses.

B. Single family dwelling construction. The provisions of this Chapter shall not apply to noise sources associated with single family residential construction on a single family lot.

C. Emergency exception. The provisions of this Section shall not apply to:

1. The emission of sound for the purpose of alerting persons to the existence of an emergency; or

2. The emission of sound in the performance of authorized emergency work.

D. Maintenance of equipment. Notwithstanding the provisions of Sections A. through C., above, no exceptions to the provisions of this Section shall apply where the equipment used for those activities is not maintained in good condition which would result in unnecessarily creating a noise disturbance or exceeding the standards in Section 18.44.040 (Exterior noise standards), above.

E. Municipal Code provisions. The provisions of this Section shall not apply where noise standards are specified elsewhere in the Municipal Code.

F. Public health, safety, and welfare activities. The provisions of this Section shall not apply to construction or maintenance and repair operations conducted by public agencies and/or utility companies or their contractors which are deemed necessary to serve the best interests of the public and to protect the public health, safety, and welfare, including debris and limb removal, removal of downed wires, repairing of gas lines, oil lines, roads, sewers, sidewalks, storm drains, traffic signals, water hydrants and mains, restoring electrical service, street sweeping, unplugging sewers, vacuuming catch basins, etc.

G. Public transportation facilities. The provisions of this Section shall not apply to any airports, railroad facilities including but not limited to trains, rolling stock, and railroad equipment, publicly owned roads and rights-of-way, or other similar facilities.

H. Solid waste collection.

1. The provisions of this Section shall not apply to noise sources associated with the authorized collection of solid waste (e.g., refuse and garbage), provided the collection activities do not take place between the hours of 10:00 p.m. and 6:00 a.m.

2. Any noise complaints associated with the collection of solid waste shall be resolved to the satisfaction of the Town Manager. The Town Manager may require modifications to pick-up schedules, equipment used, or any other reasonable means deemed appropriate by the Town Manager to resolve the noise complaints, including changing the 6:00 a.m. time to a later time (e.g., 7:00 a.m.) for any portion of the Town.

I. State or Federal preempted activities. The provisions of this Section shall not apply to any activity regulated by State or Federal law including, but not limited to, trains, rolling stock, and railroad equipment.

J. Town parks. The provisions of this Section shall not apply to public agency sanctioned recreational activities/programs conducted in public parks.

K. Warning devices. Warning devices, necessary for the protection of public safety (e.g., ambulance, fire, and police siren) shall be exempted from the provisions of this Section.