Fullerton City Zoning Code
CHAPTER 15
90: NOISE STANDARDS AND REGULATION
§ 15.90.010 INTENT AND PURPOSE.
(A) In order to control unnecessary, excessive and annoying sounds emanating from incorporated areas of the city, it shall be the policy of the city to prohibit such sounds generated from all sources as specified in this chapter except that noise regulated by any penal statute or ordinance and those activities that have been preempted by state or federal law.
(B) Specified noise levels have been determined to be detrimental to the public health, welfare and safety and contrary to public interest; therefore, creating, maintaining, causing or allowing to create, maintain or cause any noise in a manner prohibited by or not in conformity with the provisions of this chapter is a public nuisance and shall be punishable as such.
(Ord. 2982, passed - -2001; Ord. 3350, passed - -2025)
§ 15.90.020 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AMBIENT NOISE LEVEL. The composite of noise from all sources near and far, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.
C-3 ZONE. The zoning applied to a defined area specifically described as Central Business District Commercial in § 15.30.020(C).
CUMULATIVE PERIOD. An additive period of time composed of individual time segments that may be continuous or interrupted.
DECIBEL (dB). A unit that denotes the ratio between two quantities which are proportional to power: the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio.
EMERGENCY MACHINERY, VEHICLE OR WORK. Any machinery, vehicle or work used, employed or performed 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.
EQUIVALENT CONTINUOUS SOUND PRESSURE LEVEL (Leq). The average sound level over the period of the measurement.
FIXED NOISE SOURCE. A stationary device that creates sounds while fixed or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.
G-C ZONE. The zoning applied to a defined area specifically described as General Commercial in § 15.30.020(C).
GRADING. Any excavating or filling of earth material, or any combination thereof conducted to prepare a site for construction or other improvements thereon.
IMPACT NOISE. The noise produced by the collision of one mass in motion with a second mass that may be either in motion or at rest.
MAXIMUM SOUND LEVEL. The highest level measured during a single noise event or period.
MOBILE NOISE SOURCE. Any noise source other than a fixed noise source.
NOISE LEVEL. The “A” weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dB(A).
NOISE ZONE. An area where a specific set of standards has been established for allowable interior and exterior noise levels.
COMMERCIAL NOISE ZONE. Includes all properties with a commercial or public land use zone classification, whether incorporated or unincorporated.
RESIDENTIAL NOISE ZONE. Includes all properties with a residential zone classification, whether incorporated or unincorporated.
PERSON. A person, firm, association, co-partnership, joint venture, corporation of any entity, public or private in nature.
PUBLIC PROPERTY. Any real property or structures thereon which are owned or controlled by a governmental entity. This also includes any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
RESIDENTIAL PROPERTY. A parcel of real property that is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.
SIMPLE TONE NOISE. A noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished.
SOUND PRESSURE LEVEL. Of a sound, in decibels, means 20 times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.
(Ord. 2982, passed - -2001; Ord. 3350, passed - -2025)
§ 15.90.030 NOISE STANDARDS.
(A) The following noise standards, unless otherwise specifically indicated, shall apply to all property within the Residential Noise Zone:
Hours (Monday - Sunday) | Max dB(A) at Affected Property (Interior) | Max dB(A) at Affected Property (Exterior) |
7:00 a.m. - 10:00 p.m. | 55 dB(A) | 55 dB(A) |
10:00 p.m. - 7:00 a.m. | 45 dB(A) | 50 dB(A) |
(B) The following noise standards, unless otherwise specifically indicated, shall apply to all property zoned C-3 and G-C:
(1) All buildings shall be designed to achieve the applicable interior noise standards established by 24 C.C.R., also known as the California Building Standards Code.
(2) All commercial activities, including but not limited to, outdoor dining and outdoor events and performances, shall comply with the following noise standards:
(a) No person or group shall create any noise, or allow the creation of any noise, which exceeds the exterior noise levels established in this section.
(b) The noise limits in Table 2-1 apply to all commercial activities within the C-3 and G-C zones, including outdoor dining, amplified sound, and entertainment. Measurements are taken at the property line of the parcel where the noise originates, and compliance is determined from those measurements.
(c) A special event (approved pursuant to a permit) or city-sponsored community activities, such as New Years Eve celebrations, shall be exempt from the noise restrictions contained within § 15.90.030.
Table 2-1: Exterior Noise Levels (dBA)
| ||
Time Period | 5 min. | 1 min. |
7:00 a.m. - 10:00 p.m. | 75 | 80 |
10:00 p.m. - 7:00 a.m. | 65 | 70 |
Fri-Sun 10:00 p.m. - 1:30 a.m.* | 75 | 80 |
Outdoor Entertainment (5:00 p.m. - 10:00 p.m.)* | 80 dBA max | |
*Only apply when approved by the city (e.g. entertainment permit, administrative restaurant use permit, conditional use permit, or other applicable approval.) | ||
(3) Noise generated by audio speakers or sound systems in areas with a mix of commercial and residential uses is generally considered part of the ambient noise environment. However, such noise shall not be plainly audible within adjacent commercial or residential buildings when doors and windows are closed. If city staff determines, based on observation or measurement, that such noise is plainly audible under these conditions, the property owner, tenant, or operator responsible for the noise source shall reduce the volume or implement reasonable acoustic mitigation measures to prevent the noise from exceeding this standard.
(4) Unless otherwise identified herein, all properties and activities shall comply with the standards and regulations of § 15.90.050.
(C) Noise standards for a sensitive use:
(1) A "sensitive use" for the purpose of this chapter means any private or public school, hospital, residential care facility for the elderly, and religious institution.
(2) It shall be unlawful for any person at any location within the incorporated area of the city to create any noise that causes the noise level at any sensitive use, while the same is in operation to exceed the noise limits as specified for the Residential Noise Zone, notwithstanding the sensitive use may be located outside of the Residential Noise Zone.
(D) Residential enforcement standards: It shall be unlawful for any person at any location within the incorporated area of the city to create any noise which can be classified as being continuous, reoccurring, predictable, or whose operation of noise-generating capabilities can be stopped or started at a specified time, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level, when measured on the property, either incorporated or unincorporated, to exceed:
(1) The noise standard for a cumulative period of more than 30 minutes in any hour;
(2) The noise standard plus five dB(A) for a cumulative period of more than 15 minutes but less than 30 minutes in any hour;
(3) The noise standard plus ten dB(A) for a cumulative period of more than five minutes but less than 15 minutes in any hour;
(4) The noise standard plus 15 dB(A) for a cumulative period of more than one minute but less than five minutes in any hour;
(5) The noise standard plus 20 dB(A) for a cumulative period of less than one minute in an hour.
(E) In the event the ambient noise level exceeds any of the five noise limit categories listed in division (D), the cumulative period applicable to the category shall be increased to reflect the ambient noise level.
(F) The permitted deviations from the noise standards specified in §§ 15.90.030(D) or 15.90.030(E) shall only be applicable to residential zones and shall not be applicable to properties zoned C-3 or G-C.
(Ord. 2982, passed - -2001; Ord. 3350, passed - -2025)
§ 15.90.040 ACTIVITIES EXEMPT FROM STANDARDS.
(A) The following activities shall be exempt from the noise level standards specified by this chapter:
(1) School bands, school athletic and school entertainment events.
(2) Outdoor gatherings, public dances, shows and sporting and entertainment events provided the events are conducted pursuant to a permit and/or license issued by the city.
(3) Activities and maintenance conducted on public property, parks, playgrounds and public or private school grounds.
(4) Any mechanical device, apparatus or equipment used, related to or connected with the use of machinery, vehicles, or work due to an emergency.
(5) All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions.
(6) Mobile noise sources associated with agricultural pest control through pesticide application.
(7) Noise from vehicular traffic on public streets.
(B) For the drilling of water wells, the Director of Community and Economic Development may approve or conditionally approve an exception or limited exemption from the noise level standards of this chapter.
(Ord. 2982, passed - -2001; Ord. 3350, passed - -2025)
§ 15.90.050 ACTIVITIES WITH SPECIAL PROVISIONS.
(A) The following activities shall be exempt from the noise level standards specified by this chapter provided they take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday or a city-recognized holiday.
(1) Noise sources associated with construction, repair, remodeling, or grading of any real property.
(2) Mobile noise sources associated with agricultural operations.
(3) Noise sources associated with the maintenance of real property, including normal maintenance and repair by city and utility crews.
(B) Installation of air conditioning, refrigeration and pool equipment shall be certified to be within the provisions of this chapter for night and day operation noise levels.
(C) Activities involving deliveries and pickups in all commercial zones shall comply with the provisions of this chapter for night and day operation noise levels based on the following criteria.
(1) Rubbish and garbage collection for all commercial zones. Collection times for all commercial zones shall be conducted during the following hours:
(a) Between the hours of 6:00 a.m. and 9:00 p.m. if trash receptacles or bins are located within 200 feet of a residential zone or residences located in a mixed-used development.
(b) At any time, if the trash bins are located more than 200 feet from a residential zone or residences located in a mixed-used development.
(2) Deliveries and vehicle loading or unloading in all commercial zones. Delivery hours shall be conducted during the following hours:
(a) Between the hours of 7:00 a.m. and 10:00 p.m. if the property receiving the delivery is located within 200 feet of a residential zone or residences located in a mixed-used development.
(b) At any time, if the property receiving the delivery is located more than 200 feet from a residential zone or residences located in a mixed-used development.
(Ord. 2982, passed - -2001; Ord. 3026, passed - -2003; Ord. 3350, passed - -2025)
§ 15.90.060 NOISE LEVEL MEASUREMENT.
(A) Residential noise sources - exterior. The location selected for measuring exterior noise levels shall be at any point on the affected property. The affected property shall be the address from which the complaint was received.
(B) Residential noise sources - interior. The location selected for measuring interior noise levels shall be made within the affected property at point at least four feet from the wall, ceiling or floor nearest the noise source.
(C) Commercial noise sources - enforcement on C-3 and G-C zoned properties. For enforcement on properties zoned C-3 or G-C, compliance is determined against the one-minute and five-minute thresholds in Table 2-1 and measurements are taken at the property line of the noise-generating parcel.
(D) Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a minimum ANSI compliant rating sound level meter and be capable of logging date, time, and geographic location of the reading to the satisfaction of the Community and Economic Development Director.
(Ord. 2982, passed - -2001; Ord. 3350, passed - -2025)
§ 15.90.070 ENFORCEMENT.
(A) The Director of Community and Economic Development and his/her duly authorized representatives are directed to enforce the provisions of this chapter.
(1) Code Enforcement Division shall be appointed as the case manager, upon receiving a noise complaint; coordinating with the relevant departments as appropriate based on the circumstance; and conducting other actions necessary to enforce the provisions of this chapter as appropriate.
(2) Repeated or continued violations of this chapter may constitute grounds for modification or revocation of the permit and/or related land use entitlements.
(B) No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter.
(Ord. 2982, passed - -2001; Ord. 3350, passed - -2025)
§ 15.90.080 APPEAL.
(A) The owner or operator of a noise source who has been cited in violation of the provisions of this chapter may appeal the citation to the City Council. Within 15 days following receipt of a notice of appeal, the City Clerk shall forward to the City Council the recommendation of the Director of Development Services, the notice of appeal, and all evidence concerning the appeal received by the Director. In addition, any person may file with the City Council written arguments supporting or attacking the citation. The City Clerk shall mail to the applicant and the complainant a notice of the date set for hearing of the appeal. The notice shall be mailed at least ten days prior to the hearing date.
(B) Within 60 days following its receipt of the notice of the appeal, the City Council shall affirm, modify or reverse the citation. The decision shall be based upon the evaluation by the City Council of the matter. As part of its decision, the City Council may direct the Director of Development Services to conduct further proceedings on the appeal. Failure of the City Council to affirm, modify or reverse the citation within the 60-day period shall constitute an affirmation of the citation.
(Ord. 2982, passed - -2001; Ord. 3350, passed - -2025)
