Moorpark City Zoning Code
CHAPTER 17
53 NOISE
§ 17.53.010 Purpose and intent.
The purpose and intent of this chapter are to establish criteria and procedures to implement the noise element and to maintain quiet in those areas which exhibit low noise levels and to help control noise in those areas within the city where noise levels are above acceptable values.
(Ord. 515 § 10, 2023)
§ 17.53.020 Definitions.
All terminology used in this chapter, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.
means the sound level in decibels as measured on a sound level meter using the A-weighting network. The level read is designated dB(A) or dB.
means any site preparation, assembly, erection, substantial. repair, alteration, or similar action, for or of public or private rights-of-way, structures, utilities or similar property.
means a period of time composed of individual time segments which may be continuous or interrupted.
means 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.
means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.
means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
means 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.
means a sound of short duration, usually less than 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.
means 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.
means any noise source other than a fixed noise source.
means a motor vehicle which shall include any and all self-propelled vehicles as defined 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.
means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise.
refers to the director of community development or designee.
means any sound which, as judged by the director of community development: (1) endangers or injures the safety or health of human beings or animals; or (2) annoys or disturbs reasonable persons of normal sensitivities; or (3) endangers or injures personal or real property; or (4) violates the factors set forth in this title. Compliance with the quantitative standards as listed herein shall constitute elimination of a noise disturbance.
means any land use (i.e., residential development) or designated geographic area (i.e., hospital complex) where "intrusive noise" is incompatible with the conduct of the noise sensitive uses or constitutes a "noise disturbance" for residents or workers.
means the possession of a permit issued by the city, or, where no permits are issued, the sanctioning of the activity by the jurisdiction as noted in a public record.
means any self-propelled waterborne, airborne, 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.
means boundary line between two or more adjacent legal lots as defined in the city municipal code.
means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
means any real property or structures thereon which are owned or controlled by a governmental entity.
means any sound which can be judged as audible as a single pitch or a set of single pitches by the director of community development. For the purposes of this chapter, a pure tone shall exist if the 1/3 octave band sound pressure level in the band width where the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous 1/3 octave bands by five dB(A) for center frequencies of 500 Hz and above and by eight dB(A) for center frequencies between 160 and 400 Hz and by 15 dB(A) for center frequencies less than or equal to 125 Hz.
means any device for the amplification of the human voice, music, or any other sound, excluding standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed, and, as used in this chapter, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.
means an instrument, including, but not limited to, a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for type S2A meters in American National Standards Institute specifications for sound level meters, or the most recent revision thereof.
means any motor vehicle, or any other vehicle, regardless of motor power, whether in motion or stationery, having mounted thereon, or attached thereto, any sound amplifying equipment.
means any day, Monday through Friday, which is not a legal holiday observed by the city.
(Ord. 515 § 10, 2023)
§ 17.53.030 Duties of director of community development as noise control officer.
A.
Lead Official. The noise control program established by this chapter shall be administered by the director of community development or designee.
B.
Powers. In order to implement and enforce this chapter and for the purpose of noise abatement and control, the director of community development shall have, in addition to any other authority, the power to:
1.
Conduct, or cause to be conducted, studies, research, and monitoring related to noise, including joint cooperative investigation with public or private agencies.
2.
Conduct programs of public education regarding:
3.
Develop measurement standards and procedures which will further the purposes of this chapter.
4.
Develop administrative procedures which will provide for effective enforcement of this chapter.
5.
Investigate and pursue possible violations based upon the provisions in this chapter.
6.
Delegate functions, where appropriate under this chapter, to personnel under the director of community development and to other departments as may be determined by the city manager, subject to the approval of the city council.
(Ord. 515 § 10, 2023)
§ 17.53.040 Discretionary actions.
Prior to the approval of any discretionary permit which may authorize development of a noise sensitive land use or a land use that may generate noise beyond the maximum acceptable levels contained herein, the planning commission or the city council as the decision-making body shall:
A.
Review the noise impact of the discretionary permit by identifying existing and projected noise generators and the associated sound levels.
B.
Require the use of adequate control measures on noise generators identified through the discretionary permit process which will be in violation of any provision of this chapter.
(Ord. 515 § 10, 2023)
§ 17.53.050 Disturbing noises prohibited.
A.
Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.
B.
The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:
1.
The sound level of the objectionable noise;
2.
The sound level of the ambient noise;
3.
The proximity of the noise to residential sleeping facilities;
4.
The nature and zoning of the area within which the noise emanates;
5.
The number of persons affected by the noise source;
6.
The time of day or night the noise occurs;
7.
The duration of the noise and its tonal informational or musical content;
8.
Whether the noise is continuous, recurrent, or intermittent;
9.
Whether the noise is produced by a commercial or noncommercial activity.
(Ord. 515 § 10, 2023)
§ 17.53.060 Noise measurement procedure.
Upon receipt of a complaint from a citizen, the director of community development or designee, equipped with sound level measurement equipment, shall investigate the complaint. The investigation shall consist of a measurement and the gathering of data to adequately define the noise problem and shall include the following:
A.
Type of noise source;
B.
Location of noise source relative to complainants' property;
C.
Time period during which noise source is considered by complainant to be intrusive;
D.
Total duration of noise produced by noise source;
E.
Date and time of noise measurement survey;
F.
Utilizing the A-weighted scale of the sound level meter and the "slow" meter response (use "fast" response for "impulsive sounds"), the noise level shall be measured at a location or locations at any point on the receiver's property. The microphone shall be located four to five feet above the ground and 10 feet or more from the nearest reflective surface, where possible. However, in those cases where another elevation is deemed appropriate, the latter criteria shall be utilized. If the noise complaint is related to interior noise levels, interior noise measurements shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling, or floor nearest the noise source, with windows in the normal seasonal configuration. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.
(Ord. 515 § 10, 2023)
§ 17.53.070 Prohibited acts.
No person shall unnecessarily make, continue, or cause to be made or continued, any noise disturbance. Notwithstanding any other provision of this chapter, and in addition thereto, the following acts, and the causing or permitting thereof, are declared to be in violation of this chapter:
A.
Operating, playing or permitting the operation or playing of any radio, television set, stereo or digital equipment, drum, musical instrument, or similar device which produces or reproduces sound:
1.
Between the hours of ten (10:00) p.m. and seven (7:00) a.m. any day of the week in such a manner as to create a noise disturbance across a residential or commercial property line or at any time to violate the provisions of Section 17.53.050, except for activities for which a temporary use permit or conditional use permit has been issued by the city.
2.
In such a manner as to exceed the levels set forth for public space in Table 4, measured at a distance of at least 50 feet (15 meters) from such device operating on a public right-of-way or public space.
B.
Operating for any purpose or permitting the operation of any loudspeaker, loudspeaker system, or similar device between the hours of ten (10:00) p.m. and seven (7:00) a.m. any day of the week, such that the sound there creates a noise disturbance across a residential property line, or at any time violates the provisions of Section 17.53.050, except for any activity for which a temporary use permit or conditional use permit has been issued by the city.
C.
Offering for sale, selling anything, or advertising by shouting or outcry within any residential or commercial area of the city, except by temporary use permit or conditional use permit issued by the city.
D.
Owning, possessing or harboring any animal or bird which frequently or for long duration, howls, barks, meows, squawks, or makes other sounds which create a noise disturbance across a residential or commercial property line.
E.
Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten (10:00) p.m. and seven (7:00) a.m. any day of the week in such a manner as to cause a noise disturbance across a residential property line or at any time to violate the provisions of Section 17.53.050.
F.
Operating or permitting the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work so as to violate the provisions of Table 1 or Table 2 or Table 2A between weekday (Saturdays and legal holidays observed by the city included) hours of seven (7:00) p.m. and seven (7:00) a.m., or at any time on Sundays, such that the sound therefrom creates a noise disturbance across a residential or commercial property line, except for emergency work of public service utilities, government agencies, or by temporary use permit issued by the city. (This section shall not apply to the use of domestic power tools or machinery.)
G.
Operating or permitting the operation of any mobile or stationary internal combustion engine powered equipment or machinery that is not equipped with suitable exhaust and air intake silencers in proper working order.
H.
Operating or permitting the operation of powered model vehicles:
1.
Between the hours of seven (7:00) p.m. and seven (7:00) a.m. so as to create a noise disturbance across a residential or commercial property line or at any time to violate the provisions of this chapter.
2.
In such a manner as to exceed the levels set forth for public space land use in Table 4, measured 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.
I.
Sounding or permitting the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place, for more than 10 seconds in any hourly period; provided, however:
1.
Houses of religious worship that utilize an electronically amplified or nonamplified signal from a bell, chime, carillon or similar device that may signal the commencement or completion of worship services shall be exempt from this provision.
2.
Sound sources covered by this provision and not exempted under any other subsection may be exempted by a temporary use permit or conditional use permit issued by the city.
J.
The intentional sounding or permitting the sounding outdoors of any fire or burglar alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing between the hours of seven (7:00) p.m. and seven (7:00) a.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds.
K.
Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, unless such alarm is terminated within 15 minutes of activation.
L.
Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between ten (10:00) p.m. and seven (7:00) a.m., so as to create a noise disturbance across a residential or commercial property line.
M.
Operating or permitting the operation of any motor, machinery, or pump, such as swimming pool equipment, that is not sufficiently enclosed or muffled and maintained so as not to create a noise disturbance or so as at any time to violate the provisions of Table 2.
N.
Operating or permitting the operation of any air-conditioning or air-handling equipment in such a manner as to exceed any of the sound levels listed in Table 3.
O.
Operating or permitting the operation or playing of any loudspeaker, musical instrument, motorized racing vehicle, or other source of sound in any place of public entertainment that exceeds 95 dB(A) as read on 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."
Table 1 RESIDENTIAL PROPERTIES—MOBILE EQUIPMENT | ||
|---|---|---|
Maximum noise levels for nonscheduled, intermittent, short-term operation (less than 10 days) of mobile equipment: | ||
Type I Areas: Single-Family Residential | Type II Areas: Multifamily Residential | |
Daily, except Sundays and legal holidays 7:00 a.m. to 7:00 p.m. | 75 dB(A) | 80 dB(A) |
Daily, 7:00 p.m. to 7:00 a.m. and all day Sundays and legal holidays | 60 dB(A) | 65 dB(A) |
Table 2 RESIDENTIAL PROPERTIES—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: Single-Family Residential | Type II Areas: Multifamily Residential | |
Daily, except Sundays and legal holidays 7:00 a.m. to 7:00 p.m. | 75 dB(A) | 80 dB(A) |
Table 2A BUSINESS PROPERTIES | |
|---|---|
Mobile equipment | Maximum noise levels for nonscheduled, short-term operation of mobile equipment: Daily, including Sundays and legal holidays observed by the city all hours: maximum of 75 dB(A). |
Stationary equipment | Maximum noise levels for repetitively scheduled and relatively long-term operation of stationary equipment: Daily, all hours: maximum of 65 dB(A). |
Table 3 RESIDENTIAL AIR CONDITIONING OR AIR HANDLING EQUIPMENT | ||
|---|---|---|
Air conditioning or air handling equipment operating within any residential area may not exceed the following sound levels: | ||
Measurement Location: | Units Installed Before 1-1-80 dB(A) | Units Installed on or after 1-1-80 dB(A) |
Any point on neighboring property line, 5 ft. above grade level, no closer than 3 ft. from any wall. | 60 | 55 |
Center of neighboring patio, 5 ft. above grade level, no closer than 3 ft. from any wall. | 55 | 50 |
Outside the neighboring living area window nearest the equipment location, not more than 3 ft. from the window opening, but at least 3 ft. from any other surface. | 55 | 50 |
(Ord. 515 § 10, 2023)
§ 17.53.080 Exterior noise limits-Sound levels by receiving land use districts.
A.
The noise limits for the various categories of land use identified in Table 4 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 city or 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 any other property, either incorporated or unincorporated, to exceed:
1.
The noise standard for that land use as specified in Table 4 for a cumulative period of more than 30 minutes in any hour; or
2.
The noise standard for that land use as specified in Table 4 plus five dB for a cumulative period of more than 15 minutes in any hour; or
3.
The noise standard for that land use as specified in Table 4 plus 10 dB for a cumulative period of more than five minutes in any hour; or
4.
The noise standard for that land use as specified in Table 4 plus 15 dB for a cumulative period of more than one minute in any hour; or
5.
The noise standard for that land use as specified in Table 4 plus 20 dB or the maximum measured ambient level, for any period of time.
6.
If the measured ambient level differs from that permissible within any of the first four noise limit categories above, the noise limit for that land use, as specified in Table 4, shall be adjusted in five dB increments in each category as appropriate to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth (5th) noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level.
C.
If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus five dB(A) shall apply.
D.
If possible, the ambient noise shall be measured at the same location along the property line with the alleged offending noise source inoperative. If for any reason the alleged offending noise source cannot be shut down, the ambient noise must be estimated by performing a measurement in the same area of the source but at a sufficient distance such that the noise from the source is at least 10 dB(A) below the ambient in order that only the ambient noise level be measured. If the difference between the ambient noise level and the noise source is five to 10 dB(A), then the level of the ambient noise itself can be reasonably determined by subtracting a one decibel correction to account for the contribution of the source.
E.
In the event the alleged offensive noise, as judged by the director of community development, contains a steady, audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 4 shall be reduced by five dB(A).
Table 4 EXTERIOR NOISE LIMITS | ||
|---|---|---|
Type of Land Use | Time Interval | Allowable Exterior |
Single-family and multifamily residential/rural and agricultural zones | 10:00 p.m.—7:00 a.m. | 55 |
7:00 a.m.—10:00 p.m. | 60 | |
Commercial office/neighborhood | 10:00 p.m.—7:00 a.m. | 55 |
7:00 a.m.—10:00 p.m. | 60 | |
General commercial/planned development | 10:00 p.m.—7:00 a.m. | 60 |
7:00 a.m.—10:00 p.m. | 65 | |
Industrial park | Any time | 65 |
Limited industrial | Any time | 70 |
Public space | All day | 70 |
(Ord. 515 § 10, 2023)
§ 17.53.090 Interior noise limits.
A.
The interior noise standards as presented in Table 5 shall apply, unless otherwise specifically indicated, within all dwelling units with windows in their normal seasonal configuration.
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 5 for a cumulative period of more than five minutes in any hour; or
2.
The noise standard as specified in Table 5 plus five dB(A) for a cumulative period of more than one minute in any hour; or
3.
The noise standard as specified in Table 5 plus 10 dB or the maximum measured ambient, for any period of time.
C.
If the measured ambient level differs from that permissible within any of the noise limit categories above, the noise limits as specified in Table 5 shall be decreased in five dB(A) increments in each category to reflect said ambient noise level.
D.
In the event the alleged offensive noise, as judged by the director of community development, contains a steady, audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 5 shall be reduced by five dB.
Table 5 INTERIOR NOISE LIMITS | ||
|---|---|---|
Type of Land Use | Time Interval | Allowable Interior Noise Level dB(A) |
Single-family and multifamily residential | 7:00 a.m.—10:00 p.m. | 45/55 (windows open) |
(Ord. 515 § 10, 2023)
§ 17.53.100 Exemptions.
The provisions of this chapter shall not apply to:
A.
The emission of sound for the purpose of alerting persons to the existence of an emergency.
B.
The emission of sound in the performance of emergency work.
C.
Warning Devices. Warning devices necessary for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns.
D.
Occasional outdoor gatherings, public dances, shows, and sporting and entertainment events, provided said events are conducted pursuant to a permit issued by the city relative to the staging of said events.
E.
Construction/Demolition. Repair, remodeling or grading of real property, provided the activities occur between the hours of seven (7:00) a.m. to seven (7:00) p.m. weekdays including Saturday.
F.
Stationary nonemergency signaling devices.
G.
Domestic power tools, machinery.
(Ord. 515 § 10, 2023)
§ 17.53.110 Enforcement.
The community development director shall have primary responsibility for the enforcement of the noise regulations contained herein. Nothing in this chapter shall prevent the community development director from obtaining voluntary compliance by way of warning, notice or education.
(Ord. 515 § 10, 2023)