ORDINANCE N0 O92 23 AN ORDINANCE OF THE CITY OF PISMO EACH ADDING CHAPTER924 TO TITLE 9 OF THE PISMO EACH MUNICIPAL CODE REGARDING NOISE CONTROL THE CITY COUNCIL of the City of Pismo each does ordain as follows SECTION 1 Chapter924 is hereby added to Title 9 of the Pismo each Municipal Code to read as follows Chapter 924 NOISE CONTROL Sections 924 010 Declaration of policy 924 020 Definitions 924 030 Authority and duties of the noise control office rnco 924 040 General noise regulations 924 050 Prohibited acts 924 060 Exterior noise limits 924 070 Interior noise standards 924 080 Motor vehicle noise limits 924 090 Special provisions exemptions 924 100 Exceptions 924 110 Enforcement 924 010 Declaration of policy A In order to control unnecessary excessive and annoying noise and vibration in the city it is declared to be the policy of the city to prohibit such noise and vibration generated from or by all sources as specified in this chapter It shall be the policy ofthe city to maintain quiet in those areas which currently exhibit low noise levels and to implement programs aimed at reducing noise in those areas within the city where noise levels are above acceptable values It is determined that certain noise levels and vibrations are detrimental to the public health welfare and safety and are contrary to public interest Therefore the council ordains and declares that creating maintaining causing or allowing to be created caused or maintained any noise or vibration 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 in any manner provided by law including but not necessarily limited to the filing of a civil or criminal action
ORDINANCE Page 2 NO092 23 924 020 Definitions The following terms shall have the following meanings when used in this chapter A Terminology All terminology used in this chapter not defined in this chapter shall be in conformance with applicable publications ofthe American National Standards Institute ANSI or its successor body Aweighted sound level means the sound level in decibels as measured on a sound level meter using the Aweighting network The level so read is designated da or da C Ambient noise lever means the composite ofnoise 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 D Commercial area means those areas designated CR ClC2CM on the official zoning map of the city E Construction 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 F Cumulative period means an additive period of time composed of individual time segments which may be continuous or interrupted G Decibel means a unit for measuring the amplitude of a sound equal to twenty times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure which is twenty micropascals H Demolition means any dismantling intentional destruction or removal of structures utilities public or privateright of way surfaces or similar property I Emergency work means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency J K Fixed noise source means a stationmy device which creates sound 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 Gross vehicle weight rating GVWR means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle In cases where trailers and tractors are separable the gross combination weight rating which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle shall be used L Impulsive sound means 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
Page 3 M Intrusive noise means that noise which intrudes over and above the existing ambient noise at a given location The relative intrusivehess of a sound depends upon its amplitude duration frequency and time of occurrence and tonal or informational content as well as tho prevailing ambient noise level N Mobile noise source means any noise soume other than a fixed noise source O Motor vehicle means and includes any and allself propelled vehicles as defined in the California Vehicle Code including all on highway type motor vehicles subject to registration under the Code and all off highway type motor vehicles subject to identification under the code P Muffler or sound dissipative device means a device consisting of a series of chambers or baffle plates or other mechanical design for the purpose ofreceiving exhaust gas from an internal combustion engine and effective in reducing noise Q Noise control of cerncomeans the municipal agencies or departments having lead responsibility for this chapter or their employees R Noisedisturbance means any sound which a endangers or injures the safety or health of human beings or animals or b annoys or disturbs reasonable persons of normal sensitivities or c endangers or injures personal or real property or d violates the factors set forth in Section 924 060of this chapter Compliance with the quantitative standards as listed in this chapter shall constitute elimination of a noise disturbance S Noise zone includes any defined areas or regions of a generally consistent and use wherein the ambient noise levels are within a range of 5d T Person means any individual association partnership or corporation and includes any officer employee department agency or instrumentality of a state or any political subdivision of a state U V Powered model vehicle means anyself propelled airborne waterborne or landborne plane vessel or vehicle which is not designed to carry persons including but not limited to any model airplane boat ear or rocket Structure means anything constructed or erected the use of which requires location on or in the ground or attachment to something having location on the ground including but not limited to swimming pools buildings roads pipes conduit telephone lines and electrical transmission and distribution lines driveways paving parking spaces grade patios or at
ORDINANCE Page 4 NO092 23 electrical transmission and distribution lines driveways paving parking spaces or at grade patios 924 030 Authority ofthe noise control officer s NCO Lead Agency Official The noise control program established by this chapter shall be administered by the building official and the police depmtment 924 040 General noise regulations Notwithstanding any other provision of this chapter and in addition thereto it shall be unlawful for any person to willfully or negligently make or continue or cause to be made or continued or permit or allow to be made or continued any noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person ofnormal sensitivity in the area No permit shall be issued for any activity that may violate this section The factors which may be considered in determining whether aviolation of the provisions of this section exists include but are not limited to the following A The sound level of the noise disturbance The sound level ofthe ambient noise C The proximity of the noise to residential and visitor serving sleeping facilities D The nature and zoning of the area within which the noise emanates E The number of persons affected by the noise source F The time of day or night the noise occurs G The duration of the noise and its tonal informational or musical content H Whether the noise is continuous recurrent or intermittent I Whether the noise is produced by a commercial or noncommercial activity 924 050 Prohibited acts A Noise Disturbances Prohibited No person shall make continue or cause to be made or continued or permit or allow to be made or continued any noise disturbance in such a manner as to be plainly audible at a distance of fifty feet from the noisemaker provided nothing in this section shall be construed to prohibit any noise which does not penetrate beyond the boundaries of the noisemaker own premises or does not constitute an unreasonable disturbance to people lawfully on said premises Specific Prohibitions The acts as set forth in subsections 1 through 8 ofthis section and the causing or permitting thereof are declared to be in violation of this chapter 1 Radios Television Sets Musical Instruments and Similar Devices Operating playing or permitting the operation or playing of any radio television set phonograph drum musical instrument or similar device which produces or reproduces sound in excess of the sound levels described herein
Page 5 a etween the hours of ten pm and sevenam in such a manner as to create a noise disturbance across a residential and visitor serving or commercial real property line or at any time to violate the provisions of Section924 060 of this chapter except for activities for which a exception has been issued by the noise control office b In such manner as to exceed the levels set forth for public space in Table 1 of Section 924 060 of this chapter measured at a distance of at least fifty feet fifteen meters from such device operating on a public right of way or public space 2 Loudspeakers Amplified Sound Using or operating for any purpose any loudspeaker loudspeaker system or similar device between the hours of ten pm and sevenam such that the sound therefrom creates a noise disturbance across a residential and visitor serving real property line or at any time violates the provisions of Section 924 060 of this chapter except for any noncommercial public speaking public assembly or other activity for which an exception has been issued by the noise control office 3 Street Sales Offering for sale selling anything or advertising by shouting or outcry within any residential except by exception issued by the noise control office and visitor serving or commercial area ofthe city The provisions of this section shall not bc construed to prohibit the selling by outcry of merchandise food and beverages at licensed sporting events parades fairs circuses or other similar licensed or permitted public entertainment events 4 Loading and Unloading Loading unloading opening closing or other handling of boxes crates containers building materials or similar objects between the hours often pm and sevenam in such a manner as to cause a noise disturbance across a residential or visitor serving real property line or at any time to violate the provisions of Section924 060 of this chapter 5 Construction Demolition a Operating or causing the operation of any tools or equipment used in construction drilling repair alteration or demolition work between weekday hours of seven pm and seven amor any time on Sundays or holidays such that the sound therefrom creates a noise disturbance across a residential or commercial real property line except for emergency work of public service utilities or by exception issued by the noise control officer This section shall not apply to the use of domestic power tools as specified in subsection 8 of this section b Noise Restrictions at Affected Properties Where technically and economically feasible construction activities shall bc conducted in such a manner that the maximum noise levels at affected properties will not exceed those listed in the following schedule
ORDINANCE Page 6 NO092 23 i At Residential Properties Mobile Equipment Maximum noise levels for nonscheduled intermittent short term operation less than ten days of mobile equipment Stagk Mula Mix l Family Family Residential Residential Meshlends Corninertial Dally except RI R2R3 CR C1 Sundays and R4R C2CM legal holidays OSP OS1 700 itmto 700 pm 75 da 80 da 85 da Dally 700 pm to700 Lm and all day Sunday and legal holidays 60 da 65 da 70 da Stationary Equipment Maximum noise levels for repe tively scheduled and relatively long term operation periods of equipment ten days or more of stationary Dally except Sundays and legal holidays 700 a mto Slle Multi Mixed Family Family ResidendaZ Residential Residential Commercial 700 pm 60 da 65 da 70 da Dally 700 pm to700 m and all day Sunday and legal holidays 50 da 55 da 60 da ii At usiness Properties Mobile Equipment Maximum noise levels for nenschedulect intermittent short tetra operation of mobile equipment Dally including Sunday and legal holidays all hours maximum of 85 da Stadonary Equipment Maximumnoise levels for repetitively scheduled and relativelylong term ope xtions ofslationary equipment Dally including Sundays and legal holidays all hours maximum of 75 da All mobile stationary internal combustion engine powered equipment or machinev shall be equipped wi hsuitable exhaust and air lake silencers in proper working order 6 Vibration Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at or
ORDINANCE NO 092 23 Page 7 beyond the property boundary of the source if on or private property at one hundred fifty feet forty six meters from the source if on a public space or public right of way 7 Powered Model Vehicles Operating or permitting the operation of powered model vehicles a etween the hours of seven pm and sevenam so as to create a noise disturbance across a residential and visitor serving commercial real property line or at any time to violate the provisions of Section924 070 of this chapter b In such a manner as to exceed the levels set forth for public space land use in Table 1 of Section 924 060 measured at a distance not less than one hundred feet thirty meters from any point on the path of a vehicle operating on public space or publicright of way 8 Emergency Signaling Devices a The intentional sounding or permitting the sounding outdoors of any fire burglar or civil defense alarm siren whistle or similar stationmy emergency signaling device except for emergency purposes or for testing as provided in subsection 9 b of this section b i Testing ofa stationmy emergency signaling device shall not occur before sevenam or after seven pm Any such testing shall use only the minimum cycle test time In no case shall such test time exceed sixty seconds ii Testing of the complete emergency signaling system including the functioning of the signaling device and the personnel response to the signaling device shall not occur more than once in each calendar month Such testing shall not occur before sevenam or after ten pm The time limit specified in subsection 8 b i of this section shall not apply to such complete system testing c Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within thirty minutes of activation 9 Domestic Power Tools Machinery a Operating or permitting the operation of any mechanically powered saw sander drill grinder lawn or garden tool or similar tool between ten pm and sevenamso as to create a noise disturbance across a residential or commercial real property line b Any motor machinery pump such as swimming pool equipment etc shall be sufficiently enclosed or muffled and maintained so as to not
Page 8 create a noise disturbance in accordance with Section 924 060 of this section 10 ResidentialAir Conditioning or Air Handling Equipment Operating or permitting the operation of anyair conditioning or air handling equipment in such a manner as to exceed any of the following sound levels Meammrement Location Units InsS ied efore Units Insfailed on orafter tlno 14 a0asa dba Any point on neighboring property line five feet above grade level no close thanthree feet from any wall 60 55 Oulside the neighboring living area window nearest the equipment location not morethan three feet from the window opening but ai least three feet fi om any other surface 55 50 924 060 Exterior noise limits A Maximum Permissible Sound Levels at Receiving Land Use 1 The noise standards for the various categories of land use identified by the noise control office r as presented in Table 1 of Section 924 060 shall unless otherwise specifically indicated apply to all such property within a designated zone 2 No person shall eanse or allow to cause any source of sound at any location within the incorporated city or allow the creation of any noise on properly owned leased occupied or otherwise controlled by such person which causes the noise level when measured on any other property either incorporated or unineorporated to exceed a The noise standard for that land use as specified in Table 1 of Section 924 060for a cumulative period of more than thirty minutes in any hour Or b The noise standard plus 5 d for a cumulative period fifteen minutes in any hour or of more than c The noise standard plus 10 d for a cumulative period of more than five minutes in any hour or
Page 9 d The noise standard plus 15 d for a cumulative period of more than one minute in any hour or e The noise standard plus 20 d for any period of time 3 Ifthe measured ambient level differs from that permissible within any of the first four noise limit categories of this section the allowable noise exposure standard shall be adjusted in 5 d increments in each category as appropriate to encompass or reflect said ambient noise level In the event the ambient noise level exceeds the fifth noise limit category the maximum allowable noise level under this category reflect the maximum ambient noise level shall be increased to 4 If the measurement location is on a boundary between two different zones the noise level limit applicable to the lower noise zone plus 5 db shall apply 5 If possible the ambient noise should be measured at the same location along the property line utilized in Section 924 060 with the alleged offending noise source inoperative If for any reason the alleged offending noise source cannot be shut down the ambient noise may be estimated by performing a measurement in the same general area of the source but at a sufficient distance such that the noise from the source is at least 10 d below the ambient in order that only the ambient level be measured If the difference between the ambient plus the noise source and noise source is 5 to 10 d then the level of the source itself can be reasonably determined by subtracting a one decibel correction to account for the contribution ofthe source Correction for Character of Sound In the event the alleged offensive noise as determined by the noise control officer contains a steady audible tone such as whine screech or hum or is a repetitive noise such as hammering or riveting or contains music or speech the standard limits set forth in Table 1 of Section924 060 ofthis section shall be reduced by 5 db
Page 10 Table No 1 EXTERIOR NOISE LIMITS Levels Not To e Exceeded More Thou Thirty Minutes In Any Hour Zoning Category Time Period Noise Level da Ri and R2 OSP OS1 Low Density Residential 10 00 pm 700 am 0 700 am10 00 pm 55 R3 and R4 RR High Density Residential 10 00 pm 700am 50 700 am10 00pm 55 ClC2 CMCR Commercial I0 00 pm 700am 60 700 am10 00 pm 65 924 070 Interior noise standards A Maximum Permissible Dwelling Interior Sound Levels 1 The interior noise standards for multi family residential dwellings as presented in Table 1 of this section shall apply unless otherwise specifically indicated within all such dwellings with windows in their normal seasonal configuration TaMe No I Allowable Interior Noise Type of Time Noise Level Zone Land Use Interval da Zones Residential 700 am 40 Land Uses 700 am 10 00 pm 45 2 No person shall operate or cause to be operated within a dwelling unit any soume of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed a The noise standard as specified in Table I of this section for a cumulative period of more than five minutes in any hour or b The noise standard plus 5 d for a cumulative period of more than one minute in any hour or c The noise standard plus 10 d or the maximum measured ambient for
Page 11 any period of time 3 Ifthe measured ambient level differs from that permissible within any of the noise limit categories of this section the allowable noise exposure standard shall be adjusted in 5 d increments in each category as appropriate to reflect the ambient noise level Correction for Character of Sound In the event the alleged offensive noise as determined by the noise control officer 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 1 ofthis section shall be reduced by 5 d 924 080 Motor vehicle noise limits A Refuse Collection Vehicles No person shall collect refuse with a refuse collection vehicle between the hours of seven pm and six thirty am within or adjacent to a residential area Motorized Recreational Vehicles Operating Off PublicRight of way No person shall operate or cause to be operated any motorized recreational vehicle off public right of way in such a manner that the sound levels emitted therefrom violate the provisions of Section 924 060 of this chapter This section shall apply to all motorized recreational vehicles whether or not duly licensed and registered including but not limited to commercial or noncommercial racing vehicles motorcycles go carts amphibious craft campers snowmobiles and dune buggies but not including motorboats C Vehicle Motorboat or Aircraft Repair and Testing 1 Repairing rebuilding modifying or testing any motor vehicle motorboat or aircraft in such a manner as to create a noise disturbance across a residential real property line or at any time to violate the provisions this chapter of Section924 070of 2 Nothing in this section shall be construed to prohibit restrict penalize enjoin or in any manner regulate the movement of aircraft which are in all respects conducted in accordance with or pursuant to applicable federal laws or regulations D Standing Motor Vehicles No person shall operate or permit the operation of any motor vehicle with a gross weight rating GVWR in excess of ten thousand pounds or any auxiliary equipment attached to such a vehicle for a period longer than fifteen minutes in any hour while the vehicle is stationary for reasons other than traffic congestion or a publicright of way or public space within one hundred fifty feet forty six meters of a residential area between the hours of ten pm and sevenam 924 090 Special provisions exemptions A Emergency Exemption 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
Page 12 or b the emission of sound in the performance of emergency work Warning Devices Warning devices necessary for the protection of public safety as for example police fire and ambulance sirens and train horns shall be exempted from the provisions of this chapter C Outdoor Activities The provisions of this chapter shall not apply to outdoor gatherings public dances shows and sporting and entertainment events provided such events are conducted pursuant to a permit or license issued by the city relative to the staging of the events and are consistent with the permissible times for such activities D Exemptions from Exterior Noise Standards The provisions of Section924 060 of this chapter shall not apply to activities covered by the following sections l Section 924 050 3 Street Sales 2 Section 924 050 5 Construction Demolition 3 Section 924 050 9 Domestic Power Tools Machinery 4 Section 924 050 10 Residential Air Conditioning or Air Handling Equipment 5 Section 924 080 A Refuse Collection Vehicles E Federal or State Preempted Activities Any other activity to the extent regulation thereof has been preempted by state or federal law shall be exempted from the regulations of this chapter 924 100 Exceptions A Special Exceptions 1 The noise control office ris authorized to grant exceptions fi om any provision of this chapter subject to limitations as to area noise levels time limits and other terms and conditions as the noise control office r determines are appropriate to protect the public health safety and welfare from the noise emanating therefrom This section shall in no way affect the duty to obtain any permit or license required by law for such activities 2 Any person seeking an exception pursuant to this section shall file an application with the noise control office r The application shall contain information which demonstrates that bringing the source ofsound or activity for which the exception is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant on the community or on other persons The application shall be accompanied by a fee as established by council resolution A separate application shall be filed for each noise source provided however that several mobile sources under common ownership or several fixed sources on a single property may be combined into one application individual who claims to be adversely affected by allowance ofthe exception may file a statement with the noise control office rcontaining any information to support his claim Ifat any time the noise control office r finds that a sufficient controversy exists regarding an application a public hearing will be held 3 In determining whether to grant or deny the application the noise control Any
ORDINANCE NO 092 23 Page 13 office r shall balance denial as a hardship on the applicant against 1 the adverse impact on the health safety and weftare ofother persons affected 2 the adverse impact on property affected and 3 any other adverse impacts of granting the exception Applicants for exceptions and persons contesting exceptions shall be required to submit such information as the noise control office rmay reasonably require In granting or denying an application the noise control office rshall keep on public file a copy ofthe decision and the reasons for denying or granting the exception 4 Exceptions shall be granted by notice to the applicant containing all necessary conditions including a time limit on the permitted activity exception shall not become effective until all conditions are agreed to by the applicant Non compliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this chapter for which the exception was granted The 5 An exception will not exceed one hundred eight days from the date on which it was granted Application for extension of time limits specified in exceptions or for modification ofother substantial conditions shall be treated like applications for initial exceptions under subsection 2 of this chapter 6 Exceptions lasting for a duration of less than forty eight hours may be granted by the chief of police or his designated noise control officer Exceptions lasting for a duration of more than lofty eight hours or dealing with zoning conflicts or machine generated noise may be granted by the community development department director or his designated noise control officer Exceptions for Time to Comply 1 Within ninety days following the effective date ofthis chapter the owner of any commercial or industrial source of sound may apply to the noise control office rfor an exception in time to comply with the provisions of this chapter The noise control office r shall have the authority consistent with this section to grant an exception not to exceed one hundred eight days from the effective date of the ordinance codified in this chapter The same procedures and considerations by the noise control office r as followed under this section shall likewise apply C Appeals Appeals of an adverse decision under this section of the police department s noise control office r shall be made to the police commander then to the police chief and then the city council Review of the appeals of an adverse decision under this section of the building official shall be made to the community development director Determinations of the community development director may be appealed to the city building appeals board 924 110 Enforcement A Prima Facie Violation Any noise exceeding the noise level limits for a designated noise zone as provided in Table 1 of Section924 060 and Table 1 of Section 924 070 ofthis chapter or the prohibited actions as provided in Section924 050 of this
Page 14 chapter shall be deemed to be prima facie evidence of a violation of the provisions of this chapter Violations Infractions Any person violating any ofthe provisions of this chapter shall be deemed guilty of a infraction Each hour such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such C Abatement Orders 1 In lieu of issuing a notice of violation as provided for in subsection of this chapter the noise control office r or police department responsible for enforcement of any provision of this chapter may issue an order requiring abatement ofa sound source alleged to be in violation within a reasonable time period and according prescribe to guidelines which the noise control office r may 2 No complaint or further action shall be taken in the event that the cause of the violation has been removed the condition abated offully corrected within the time period specified in the written notice SECTION 2 This Ordinance shall take effect 30 days after the date of its adoption Within 15 days of its adoption this ordinance shall be posted in three public places within the City of Pismo each to wit 1 United States Post Office Pismo each 2 United States Post Office Shell each 3 City Hall
ORDINANCE Page 15 NO092 23 UPON MOTION of Councilmember Fiorentino seconded by Councilmember ittner the foregoing Ordinance is hereby Introduced for First Reading at a regular meeting ofthe City Council held the 3rd day of November 1992 and on the following roll call vote to wit and Mayor Morrow AYES Councilmembers Fiorentino ittner Foster Maroney NOES None ASTAIN None ASENT None Dick Morrow Mayor ATT S APPROVED AS TO FORM ity C or City Attorney W Clough PASSED AND ADOPTED at a regular meeting of the City Council held this 17th day of November 1992 on motion of Councilmember Fiorentino seconded by Councilmember ittner and on the following roll call vote to wit and Mayor Morrow AYES Councilmembers Fiorentino ittner Foster Maroney NOES ASTAIN None None ASENT None Dick Morrow Mayor ATTEST APPROVED AS TO FORM F ck W Clough Ci AReracy