Los Banos City Zoning Code
ARTICLE 27
NOISE CONTROL
§ 9-3.2701 Purpose.
The Council declares and finds that excessive noise levels are detrimental to the public health, welfare, and safety and contrary to the public interest as follows:
(a)
By interfering with sleep, communication, relaxation, and the full use of one's property;
(b)
By contributing to hearing impairment and a wide range of adverse physiological and psychological stress conditions; and
(c)
By adversely affecting the value of real property.
(§ 3, Ord. 770, eff. December 4, 1987)
§ 9-3.2702 Definitions.
For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
shall mean the composite of noise from all sources, excluding the alleged offensive noise. In this context it represents the normal or existing level of environmental noise at a given location for a specific time of the day or night.
shall mean the sound level in decibels as measured with a sound level meter using the "A" weighted network (scale) at slow meter response. The unit of measurement is referred to in this article as dBA.
shall mean the construction, erection, enlargement, alteration, conversion, or moving of any building, structure, or land, together with any scientific survey associated therewith.
shall mean an additive period of time composed of individual time segments which may be continuous or interrupted.
shall mean 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.
shall mean the use of any machinery, equipment, vehicle, manpower, or other activity in a short-term effort to protect or restore safe conditions in the community, or work by private or public utilities when restoring utility services.
shall mean a device or machine, or combination thereof, which creates sounds while fixed or stationary, including, but not limited to, residential, agricultural, industrial, and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment.
shall mean any building, or portion thereof, used for the accommodation and medical care of sick, injured, or infirm persons, including rest homes and nursing homes.
shall mean a noise of short duration, usually less than one second, with an abrupt onset and rapid decay.
shall mean the sound level created, caused, maintained, or originating from an alleged offensive source, measured in decibels, at a specified location while the alleged offensive source is in operation.
shall mean any source other than a fixed noise source.
shall mean any sound which violates the quantitative standards set forth in this article.
shall mean a parcel of real property which is developed and used either in whole or in part for residential purposes.
shall mean a public or private institution conducting regular academic instruction at preschool, kindergarten, elementary, secondary, or collegiate levels.
shall mean any noise which is distinctly audible as a single pitch (frequency) or set of pitches. For the purposes of this article, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of 500 Hz and above, and by eight dB for center frequencies between 160 and 400 Hz, and by 15 dB for center frequencies less than or equal to 125 Hz.
shall mean an instrument meeting American National Standards Institute (ANSI) Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
(§ 3, Ord. 770, eff. December 4, 1987)
§ 9-3.2703 Noise measurement criteria.
Any noise measurement made pursuant to the provisions of this article shall be made with a sound level meter using the "A" weighted network (scale) at slow meter response. The fast meter response shall be used for impulsive type sounds. The calibration of the measurement equipment utilizing an acoustical calibrator certified by its manufacturer to be in compliance with the National Bureau of Standards (NIBS) reference calibration levels shall be performed immediately prior to recording the noise level data.
Exterior noise levels shall be measured within fifty (50′) feet of the affected use. Where practical, the microphone shall be positioned at approximately five (5′) feet above the ground and away from reflective surfaces.
Interior noise levels shall be measured within the affected dwelling unit, at points at least four (4′) feet from the wall, ceiling, or floor nearest the noise source, with the windows in the normal seasonal configuration. Reported interior noise levels shall be determined by taking the arithmetic average of the readings taken at the various microphone locations.
(§ 3, Ord. 770, eff. December 4, 1987)
§ 9-3.2704 Exterior noise standards.
(a)
It is unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise, on property owned, leased, occupied, or otherwise controlled by such person which noise causes the exterior noise level, when measured on any other property, to exceed the noise level standards set forth in the following table:
Receiving Land Use | ||||
|---|---|---|---|---|
Category | Cumulative Number of Minutes in Any One-Hour Time Period | Residential/Noise Sensitive* | Commercial/ Industrial | |
Daytime (7 a.m. to 10 p.m.) | Nighttime (10 p.m. to 7 a.m.) | Any Time | ||
1 | 30 | 55 dBA | 45 dBA | 70 dBA |
2 | 15 | 60 dBA | 50 dBA | 75 dBA |
3 | 5 | 65 dBA | 55 dBA | 80 dBA |
4 | 1 | 70 dBA | 60 dBA | 85 dBA |
5 | 0 | 75 dBA | 65 dBA | 90 dBA |
Notes: | |
|---|---|
* | Includes schools, hospitals, churches, and public libraries. |
(b)
In the event the measured ambient noise level without the alleged offensive source in operation exceeds an applicable noise level standard in any category in the table set forth in subsection (a) of this section, the applicable standard or standards shall be adjusted so as to equal the ambient noise level.
(c)
Each of the noise level standards specified in the table set forth in subsection (a) of this section shall be reduced by five dB for pure tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises.
(d)
If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level without the source can be measured, the noise level measured while the source is in operation shall be compared directly to the noise level standards.
(§ 3, Ord. 770, eff. December 4, 1987)
§ 9-3.2705 Residential interior noise standards.
(a)
It is unlawful for any person, at any location within the City, to operate, or cause to be operated, within a dwelling unit any source of sound or to allow the creation of any noise which causes the noise level, when measured inside another dwelling unit, to exceed the noise level standards set forth in the following table:
Noise Level Standards, dBA | |||
|---|---|---|---|
Category | Cumulative Number of Minutes in Any One-Hour Time Period | Daytime | Nighttime |
(7 a.m. to 10 p.m.) | (10 p.m. to 7 a.m.) | ||
1 | 5 | 45 | 35 |
2 | 1 | 50 | 40 |
3 | 0 | 55 | 45 |
(b)
In the event the measured ambient noise level without the alleged offensive source in operation exceeds an applicable noise level standard in any category specified in the table set forth in subsection (a) of this section, the applicable standard or standards shall be adjusted so as to equal the ambient noise level.
(c)
Each of the noise level standards specified in the table set forth in subsection (a) of this section shall be reduced by five dB for pure tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises.
(d)
If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level without the source can be measured, the noise level measured while the source is in operation shall be compared directly to the noise level standards.
(§ 3, Ord. 770, eff. December 4, 1987)
§ 9-3.2706 Noise source exemptions.
The following activities shall be exempted from the provisions of this chapter:
(a)
Activities conducted in public parks, public playgrounds, and public or private school grounds, including, but not limited to, school athletic, school entertainment, or civic events;
(b)
Any mechanical device, apparatus, or equipment used, related to, or connected with emergency activities or emergency work or the maintenance of public utilities or public roads and streets;
(c)
Noise sources associated with construction provided such activities do not take place before 7:00 a.m. or after 9:00 p.m. on any day, except Saturday or Sunday, or before 8:00 a.m. or after 5:00 p.m. on Saturday or Sunday;
(d)
Noise sources associated with the maintenance of residential property provided such activities take place between the hours of 7:00 a.m. and 9:00 p.m. on any day, except Saturday or Sunday, or between the hours of 8:00 a.m. and 9:00 p.m. on Saturday or Sunday;
(e)
Noise sources associated with the collection of waste or garbage from property devoted to commercial or industrial uses;
(f)
Noise sources associated with existing food processing, agricultural packing, or dairy or other industrial or commercial operations provided the noise levels generated by such operations do not exceed current levels. Any new construction or expansion (but not the repair or replacement of existing equipment) of such operations shall not exceed the exterior noise level standards set forth in Section 9-3.2704 of this article; and
(g)
Any activity to the extent regulation thereof has been preempted by State or Federal laws.
(§ 3, Ord. 770, eff. December 4, 1987)
§ 9-3.2707 Residential air-conditioning and refrigeration systems.
Notwithstanding the provisions of Section 9-3.2704 of this article, where the intruding noise source when measured as provided in said Section 9-3.2704 is an existing residential air-conditioning or refrigeration system or associated equipment, the exterior noise level shall not exceed 55 dBA. For residential air-conditioning or refrigeration systems or associated equipment installed after December 4, 1987, the exterior noise level when measured as provided in said Section 9-3.2704 shall not exceed 50 dBA.
(§ 3, Ord. 770, eff. December 4, 1987)
§ 9-3.2708 Waste and garbage collection equipment.
Notwithstanding the provisions of Section 9-3.2704 of this article, the collection of waste or garbage from residential property by persons authorized to engage in such activity, and who are operating truck-mounted loading or compacting equipment, shall not take place before 6:00 a.m. or after 7:00 p.m. The noise levels created by such activities when measured at a distance of fifty (50′) feet in an open area shall not exceed the following standards:
(a)
Eighty-five dBA for equipment in use, purchased, or leased prior to December 4, 1987; and
(b)
Eighty dBA for new equipment purchased or leased after December 4, 1987.
(§ 3, Ord. 770, eff. December 4, 1987)
§ 9-3.2709 Electrical substations.
§ 9-3.2710 Warning signs in places of public entertainment.
It is lawful for any person to operate or permit the operation or playing of any loudspeaker, musical instrument, motorized racing vehicle, or other source of sound for public entertainment within a building or structure wherein the noise level exceeds 95 dBA, as determined using the slow response of a sound level meter at any point normally occupied by a customer, without a conspicuous and legible sign stating: "Warning! Sound Levels Within May Cause Hearing Impairment."
(§ 3, Ord. 770, eff. December 4, 1987)
§ 9-3.2711 Variances.
(a)
Applications. The owner or operator of a noise source for which it has been determined violates any of the provisions of this article may file an application for a variance from the strict compliance with any particular provision of this article where such variance will not result in a hazardous condition or a nuisance, and strict compliance would be unreasonable in view of all the circumstances. The owner or operator shall set forth all actions taken to comply with such provisions and the reasons why immediate compliance cannot be achieved.
As a part of the application, the owner shall submit a noise control program which shall include the following:
(1)
The identification of the noise source affecting noise sensitive areas or receivers;
(2)
The identification of the mitigation and remedial actions which can be used to reduce noise levels generated by the source;
(3)
A list of those mitigation and remedial actions which have been completed;
(4)
A list of those mitigation and remedial actions which remain to be done and a schedule for their completion; and
(5)
A written rationale for the issuance of a variance if the completion of the proposed mitigation and remedial actions will not result in the noise source being in full compliance with the standards contained in this article.
A separate application shall be filed for each noise source; provided, however, several mobile sources under common ownership or fixed sources under common ownership on a single property may be combined in one application. |
(b)
Fees. Applications for variances from the strict application of the provisions of this article shall be made in writing by the owner of the property, lessee, purchaser in escrow, or optionee, with the consent of the owner, on a form prescribed by the Commission. The application shall be accompanied by a fee set by the Council. In addition to those variance fees enacted by the Council, the applicant may be charged all actual City engineering and consultant costs associated with reviewing the application and may further be subject to a deposit and refund as determined by the Council.
(c)
Criteria. Factors which the Commission and Council shall consider shall include, but not be limited to, the following:
(1)
Uses of property within the area affected by noise;
(2)
Factors related to initiating and completing all remedial work;
(3)
The age and useful life of the existing noise source;
(4)
The general public interest, welfare, and safety;
(5)
The existence of the noise source prior to December 4, 1987; and
(6)
The existence of the noise source prior to the existence of affected noise-sensitive receivers.
(d)
Planning Commission Hearings: Notices. At least one public hearing shall be held by the Commission on the receipt of any application for a variance, and the Commission may hold any additional hearings deemed necessary. Notices of such hearings shall be mailed to all property owners of record within three hundred (300′) feet of the property which is the subject of the application and by publication of the notice one time in a newspaper of general circulation published in the City. Such mailing and publication shall be completed at least 10 days before the date set for such public hearing. All notices shall be mailed postage prepaid using addresses from the last equalized assessment roll or from such other records of the Assessor or the Tax Collector as contain more recent addresses in the opinion of the Commission.
(e)
Granting: Planning Commission Recommendations. If the Commission, after holding the public hearing as prescribed by subsection (d) of this section, finds that certain factors set forth in subsection (c) of this section apply to the noise source for which a variance is sought and that such variance is in accordance with the intent of this article, the Commission may recommend granting the variance and, within 30 days following the conclusion of the hearing, shall make a written report setting forth its decision and recommendations, and the reasons therefor, to the Council.
(f)
Granting: Council Actions. Upon the receipt of the decision and recommendations of the Commission, the Council may approve, modify, or reverse the same. No public hearing need be held thereon; provided, however, the Council may hold any public hearing it deems necessary in which event notice shall be given as set forth in subsection (d) of this section. The action of the Council shall be based on the findings set forth in subsection (c) of this section. A variance shall not be issued until approved by the Council.
The Council shall make its decision within 45 days after it receives the report of the Commission or after the conclusion of the public hearing by the Council if a public hearing is held. The Council may grant variances from the provisions of this article subject to such terms, conditions, and requirements as may be deemed reasonable to achieve compliance with the provisions and intent of this article.
(g)
Revocation: Criteria. Any variance granted in accordance with the provisions of this section may be revoked by the Council if any of the conditions or terms of such permits are violated or if the following finding is made: that continued relief from the strict application of the provisions of this article may be contrary to the public interest, safety, health, and welfare.
(§ 3, Ord. 770, eff. December 4, 1987)
§ 9-3.2712 Violations: Enforcement.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this article. Any person violating any of the provisions of this article or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction shall be punishable as set forth in Chapter 2 of Title 1 of this Code.
The violation of any of the provisions of this article shall be an infraction as set forth in Chapter 2 of Title 1 of this Code.
The provisions of this article may also be enforced by an injunction issued out of the Superior Court. Any violation of any provision of this article shall be deemed to be a public nuisance.
Nothing in this article shall prevent the City or any of its agencies from the enforcement of other sections of this Code, the Penal Code of the State, or other State statutes which may control or regulate noise within the City.
An Enforcement Officer, as designated by the City Manager, shall enforce the provisions of this article. Right of entry for inspections shall be permitted as provided in this Code.
(§ 3, Ord. 770, eff. December 4, 1987)