The purpose of this chapter is to establish noise standards and to protect the health, safety, welfare, and living/working environments in the city.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

It is hereby declared to be the policy of the city to control unnecessary, excessive, and annoying sounds from all sources as specified in this chapter.

It is determined that certain sound levels are detrimental to the public health, welfare, and safety, and contrary to public interest.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

The following words, phrases, and terms as used in this chapter shall have the meaning as indicated below:

(1)

Ambient noise level. The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

(2)

Cumulative period. An additive period of time composed of individual time segments which may be continuous or interrupted.

(3)

Decibel (dB). A unit which denotes the ratio between two quantities which are proportional to power: the number of decibels corresponding to the ratio of two amounts of power to ten times the logarithm to the base 10 of this ratio.

(4)

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.

(5)

Fixed noise source. A stationary device which creates sounds while fixed or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners, leaf blowers, public address systems and refrigeration equipment.

(6)

Grading. Any excavating or filling of earth material, or any combination thereof, conducted at a site to prepare the site for construction or other improvements thereon.

(7)

Impact noise source. The noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest.

(8)

Mobile noise source. Any noise source other than a fixed noise source.

(9)

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).

(10)

Residential property. A parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.

(11)

Simple level meter. An instrument meeting American National Standard Institute's 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.

(12)

Sound pressure level of a sound, in decibels. Twenty times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in section 9.22.015.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

The following noise standards, unless otherwise specifically indicated, shall apply to all land use entities that affect residential property:

In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by 5 dB(A).

(b)

The following noise standards, unless otherwise specifically indicated, shall apply to all land use entities that affect nonresidential property. If a land use affects both residential and nonresidential property than the residential standards shall be applied.

In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by 5 dB(A).

(c)

It shall be 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 the person, when the foregoing causes the noise level, when measured on any other parcel, 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 5 dB(A) for a cumulative period of more than 15 minutes in any hour.

(3)

The noise standard plus 10 dB(A) for a cumulative period of more than five minutes in any hour.

(4)

The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour.

(5)

The noise standard plus 20 dB(A) for any period of time.

(d)

In the event the ambient noise level exceeds any of the first four noise limit categories above, the cumulative period applicable to the category shall be increased to reflect the ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under the category shall be increased to reflect the maximum ambient noise level.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone:

In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by 5 dB(A).

(b)

It shall be 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 the person, when the foregoing causes the noise level, when measured within any other dwelling unit on any residential parcel, either incorporated or unincorporated, to exceed:

(1)

The interior noise standard for a cumulative period of more than five minutes in any hour.

(2)

The interior noise standard plus 5 dB(A) for a cumulative period of more than one minute in any hour.

(3)

The interior noise standard plus 10 dB(A) for any period of time.

(c)

In the event the ambient noise level exceeds either of the first two noise limit categories above, the cumulative period applicable to the category shall be increased to reflect the ambient noise level. In the event the ambient noise level exceeds the third noise limit category the maximum allowable noise level under the category shall be increased to reflect the maximum ambient noise level.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The following activities shall be exempted from the provisions of this chapter:

(a)

Activities conducted on the grounds of any public or private nursery, elementary, intermediate or secondary school or college, or day care home.

(b)

Outdoor gatherings, public dances and shows, provided the events are conducted pursuant to a permit issued by the city.

(c)

Any mechanical device, apparatus, or equipment used, related to or connected with emergency machinery, vehicle or work.

(d)

Noise sources associated with construction, repair, remodeling, or grading of any real property, provided the activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday.

(e)

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.

(f)

Mobile noise sources associated with agricultural operations, provided the operations do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday.

(g)

Noise sources associated with the maintenance of real property, provided the activities take place between 7:00 a.m. and 8:00 p.m. on any day except Sunday or a federal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a federal holiday.

(h)

Any activity to the extent regulation thereof has been preempted by state or federal law.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The location selected for measuring exterior noise levels shall be at any point on the affected parcel. Interior noise measurements shall be made within the affected dwelling unit. The measurement shall be made at a point at least four feet from the wall, ceiling, or floor nearest the alleged offensive noise source and may be made with the windows of the affected unit open.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The Orange County Sheriff, the director, and their duly authorized representatives are directed to enforce the provisions of this chapter. The Orange County Sheriff, the director, and their duly authorized representatives are authorized to arrest any person without a warrant when they have reasonable cause to believe that the person has committed a misdemeanor in their presence.

No person shall interfere with, oppose, or resist any authorized person charged with the enforcement of this chapter while the person is engaged in the performance of his/her duty.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

An applications for a variance shall comply with the provisions of chapter 9.46 (Variances).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Noise variance appeals shall be processed according to the provisions set forth in chapter 9.56, Hearings and Appeals.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and/or constitute a public nuisance. Each day the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Notwithstanding the foregoing, a violation may be prosecuted as an administrative civil action pursuant to chapter 1.02 and 1.03 of the Mission Viejo Municipal Code. The provisions of this chapter shall not be construed as permitting conduct not prescribed herein and shall not effect the enforceability of any other provisions of law.

(Ord. No. 98-193, §§ 1—4, 10-19-98)