Rio Vista City Zoning Code
CHAPTER 17
52 NOISE STANDARDS
§ 17.52.010 Purpose and intent.
The purpose of this chapter is to establish noise standards throughout the city. It is declared to be the policy of the city, in the exercise of its police power, to prohibit unnecessary, excessive and annoying noise levels from all sources. At certain levels, noise is detrimental to the health and welfare of the citizenry and, in the public interest, shall be systematically proscribed. It is the purpose of this chapter to prescribe standards for and to provide an effective and readily available remedy for violations of this chapter. The provisions of this chapter and the remedies contained herein shall be cumulative and are not intended to replace any otherwise available remedies for public, private or mixed nuisance, nor any other civil or criminal remedies otherwise available. In the event of a conflict between the standards contained in this chapter and any other provisions of law, the more restrictive shall govern.
(Ord. 012-2021 § 2)
§ 17.52.020 Declaration of policy.
It is declared to be the policy and purpose of this chapter of the Rio Vista Municipal Code to protect the health, safety, and general welfare of the community by defining safe and reasonable noise levels for areas of the city and a means to address noise levels that exceed those levels.
(Ord. 012-2021 § 2)
§ 17.52.030 Definitions.
As used in this chapter, unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows:
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, minus the source which is the subject of enforcement.
means the city of Rio Vista, or its authorized agent, including a contractor.
means any site preparation, assembly, erection, substantial repair, alteration, or similar action, for or of public or private structures, rights-of-way, utilities or similar property.
means a building or a portion thereof designed and used exclusively for residential occupancy, including one-family dwellings, two-family dwellings and multiple-family dwellings, small residential care facility, transitional and supportive housing but not including hotels, motels or boardinghouses. This also includes second-family and accessory dwelling units, as defined in this title.
means unwanted sound.
means the "A" weighted sound pressure level in decibels obtained by using a noise level meter at slow response with a reference pressure of 20 micropascals. The unit of measurement shall be designated as "dBA."
means the maximum allowable noise level established pursuant to this chapter.
means any individual, association, partnership, institution, organization, or corporation, and includes any agent, officer, employee, department, agency, or instrumentality of a state or any political subdivision of a state.
(Ord. 012-2021 § 2)
§ 17.52.040 General noise regulation.
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 the city or which causes discomfort or annoyance to persons residing in the area. 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:
A.
Results of a noise complaint pursuant to this chapter;
B.
The noise level of the alleged objectionable noise;
C.
The ambient noise level;
D.
The proximity of the noise source to any dwelling;
E.
The use and zone where the noise emanates;
F.
The number of persons affected by the noise;
G.
The time of day the noise occurs;
H.
The duration of the noise and its informational or musical content;
I.
Whether the noise is continuous, recurrent, or intermittent; and
J.
Whether the noise is produced by a commercial or noncommercial activity.
(Ord. 012-2021 § 2)
§ 17.52.050 Noise limits.
A.
General Noise Limits.
1.
The maximum permissible noise level shall be determined by the zoning district of the property subject to the noise, not the property from which the noise originates.
2.
The noise limit applies to all property and uses within the zone, unless more restrictive elsewhere in this code.
3.
Any property not designated a zone listed in this chapter shall be subject to the noise limit most closely related to the property use, as determined by the city manager, or his or her designee.
B.
Noise Limits. No person shall cause any noise, or allow to be caused any noise, on property owned, leased, occupied, or otherwise controlled by such person which causes the noise level measured on any other property to exceed the noise limit for the zoning district of the recipient property as set forth below.
Noise Limits | ||
|---|---|---|
Zoning District | Time Period | Max. Allowable Noise Level (dBA) |
Residential – One /Two Family (R-1, R-E-1, R-2) | 7:00 a.m. – 10:00 p.m. | 75 |
10:00 p.m. – 7:00 a.m. | 60 | |
Residential – Multiple; Public Space (R-3, R-4, P-L) | 7:00 a.m. – 10:00 p.m. | 75 |
10:00 p.m. – 7:00 a.m. | 60 | |
Light Commercial (C-1, C-2, C-2-A) | 7:00 a.m. – 10:00 p.m. | 75 |
10:00 p.m. – 7:00 a.m. | 60 | |
Commercial (C-3-I, C-H, D-W, A-B, F-W, O-A-R) | 7:00 a.m. – 10:00 p.m. | 75 |
10:00 p.m. – 7:00 a.m. | 60 | |
Industrial (I-P-I, M-G, I-R, D-R, B-P) | 7:00 a.m. – 10:00 p.m. | 85 |
10:00 p.m. – 7:00 a.m. | 65 | |
(Ord. 012-2021 § 2)
§ 17.52.060 Specific noise source exemptions.
Noise emanating from the following sources is exempt from the provisions of this chapter.
A.
Noise allowed pursuant to a city noise permit issued pursuant to this chapter and generated in compliance with the conditions of that permit.
B.
Facilities owned or operated by or for a governmental agency.
C.
Public or private schools and school-sponsored activities.
D.
Public construction projects; or maintenance or repair of public property.
E.
Public safety personnel in the course of executing their official duties, including noise emanating from public safety equipment and vehicles.
F.
Private construction projects located more than one-quarter of a mile from any inhabited dwelling.
I.
Safety, warning and alarm devices, including, but not limited to, house and car alarms, and other warning devices that are designed to protect the public health, safety and general welfare and only make noise in the case of, or perceived likelihood, of such a situation.
J.
Noise related to operations at the Rio Vista Municipal Airport, including aircraft noise, generated in compliance with the Rio Vista Municipal Airport Master Plan and Airport Land Use Compatibility Plan.
(Ord. 012-2021 § 2)
§ 17.52.070 Noise complaints.
Upon receipt of a noise complaint or apprehension of a loud, unnecessary, or unusual noise which disturbs the peace and quiet, the city may investigate and determine if there is a violation of this chapter. An investigation shall include:
A.
Measuring the noise level at the border of the property which the noise is emanating from.
B.
Collecting non-acoustic data, including, but not limited to, the noise source, the location of noise source relative to bordering properties, and the time of day and duration of the noise source.
(Ord. 012-2021 § 2)
§ 17.52.080 Noise permit.
A.
Any person wishing to create noise indoors or outdoors in excess of that allowed by this chapter must first obtain a noise permit from the city approved by the city manager, or his or her designee. A noise permit is not a substitute for a special event permit.
B.
The city may impose reasonable time, place, and manner conditions so that the amplified noise will not pose a safety hazard, interfere with city services, or unreasonably interfere with use of the public right-of-way. The city may also require the noise permit applicant to give notice to people or properties likely to be affected by the amplified noise.
C.
A noise permit shall only be for amplifying music, human speech, or both.
D.
In considering an application for a noise permit, the city may consider the following:
(Ord. 012-2021 § 2)
§ 17.52.090 Violations.
A person found to be in violation of this chapter may be subject to fine and charged with an infraction pursuant to the procedures set forth in Chapters 1.16 and 1.12 of this code. A violation of any provision of this chapter is declared to be a public nuisance and may also be abated as provided in Chapter 8.16 of this code.
(Ord. 012-2021 § 2)