This Chapter may be cited as the "Noise Control Ordinance of the City of Malibu."
In order to control unnecessary, excessive and annoying noise and vibration in the City of Malibu, it is hereby declared to be the policy of the City to prohibit such noise and vibration.
The following words, phrases and terms as used in this Chapter shall have the meanings indicated as follows:
A. "City Manager" shall mean the City Manager of the City of Malibu or the City Manager's designee.
B. "Construction" shall mean any site preparation, assembly, erection, substantial repair, alteration or similar action, for or of public or private right-of-way, structures, utilities or similar property.
C. "Emergency Machinery, Vehicle or Alarm" shall mean any machinery, vehicle or alarm used, employed, performed or operated 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.
D. "Emergency Work" shall mean any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency or work by private or public utilities when restoring utility services.
E. "Person" shall mean any individual, firm, association, partnership, joint venture or corporation.
F. "Weekday" shall mean any day, Monday through Friday, which is not a legal holiday.
No person shall make, or cause or suffer, or permit to be made upon any premises owned, occupied or controlled by such person, any unnecessary noises, sounds or vibrations which are physically annoying to reasonable persons of ordinary sensitivity or which are so harsh or so prolonged or unnatural or unusual in their use, time, or place as to occasion unnecessary discomfort to any persons within the neighborhood from which said noises emanate or which interfere with the peace and comfort of the residents or their guests, or the operators or customers in places of business in the vicinity, or which may detrimentally or adversely affect such residences or places of business.
Notwithstanding any other provisions of this Chapter, the following acts and the causing or permitting thereof, are declared to be in violation of this Chapter:
A. Unnecessary Noises. The unnecessary making of, or knowingly and unnecessarily permitting to be made, any loud, boisterous or unusual noise, disturbance, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park or other place or building, except the ordinary and usual sounds, noises, commotion or vibration incidental to the operation of said places when conducted in accordance with the usual and normal standard of practice applicable thereto and in a manner which will not disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators or customers of adjacent places of business.
B. Radios, Phonographs, Etc. The using, operating or permitting to be played, used or operated between the hours of 10:00 p.m. and 7:00 a.m. of any radio, musical instrument, phonograph, television set, or instrument or device similar to those heretofore specifically mentioned for the production or reproduction of sound in volume sufficiently loud as to disturb the peace, quiet or repose of persons of ordinary and normal sensitiveness who are in the immediate vicinity of such machine or device.
C. Band or Orchestral Rehearsals. The conducting of or carrying on of band or orchestral concerts or rehearsals or practice between the hours of 10:00 p.m. and 7:00 a.m. sufficiently loud as to disturb the peace, quiet or repose of persons of ordinary and normal sensitiveness who reside in the immediate vicinity of such band or orchestral concerts or rehearsals or practice.
D. Engines, Motors and Mechanical Devices Near Residential District. Except as provided in paragraph G of this Section regarding construction-related noise, the sustained operation or use between the hours of 10:00 p.m. and 7:00 a.m. of any electric or gasoline powered motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, machine or mechanical device or other contrivance or facility unless such motor, engine, automobile, motorcycle, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible at a distance of 50 feet from such structure, or within 10 feet of any residence.
E. Motor Vehicles. Racing the engine of any motor vehicle or needlessly bringing to a sudden start or stop of any motor vehicle.
F. Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to cause noise disturbance.
G. Construction. Operating or causing the operation of any tools, equipment, impact devices, derricks or hoists used in construction, drilling, repair, alteration, demolition or earthwork, between weekday hours of 7:00 p.m. and 7:00 a.m. or at any time on Sundays or holidays, except as provided in Section 4205D herein.
H. Non-emergency Signaling Devices. Sounding or permitting the sounding of any electronically-amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, from any place, for more than 10 consecutive seconds in any hourly period.
Houses of religious worship shall be exempt from the operation of this provision.
Sound sources included within this provision which are not exempted under Section 4205 may be exempted by a variance issued by the City Manager.
I. Emergency Signaling Devices.
J. Noises by Animals. It shall be unlawful for any person having charge, care, custody, or control of any animal to permit such animal to emit any excessive noise which is disturbing or offensive. The City shall enforce this ordinance as follows:
(a) Issue notice of noise complaint to the animal owner or custodian of the animal advising such person of the alleged noise and requesting immediate steps to abate the same.
(b) Notice shall adequately describe the noise complaint to assist the animal owner in recognizing and correcting the problem.
(c) If a second complaint is received, the City shall issue a notice apprising the animal owner or custodian of the complaint and directing the same to abate the noise. Such notice shall contain a provisions that within five (5) days of receipt thereof the animal owner or custodian may request a hearing with a City representative to discuss the Notice of Non-compliance.
(d) Should the problem remain unresolved by the end of the time limit noted in the Notice of Non-compliance, a second notice with a five (5) day limit shall be issued.
(e) If the problem is not resolved at the end of this five (5) day period, a citation shall be issued to the owner or custodian of the animal.
K. Leaf Blowers. The use or operation of any portable machine powered with a combustion or gasoline engine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces.
L. Commercial Establishments Adjacent to residential Property. Sustained noise from the premises of any commercial establishment, including any outdoor area part of or under the control of the establishment, between the hours of 10:00 p.m. and 7:00 a.m. shall not be plainly audible at a distance of five (5') feet of any residential dwelling unit.
M. No person shall make, or cause or suffer, or permit to be made upon any public beach, occupied by such person, any unnecessary noises, sounds or vibrations which are physically annoying to reasonable persons of ordinary sensitivity or which are so harsh or so prolonged or unnatural or unusual in their use, time, or place as to occasion unnecessary discomfort to any persons within 500 feet of the place from which said noises emanate or which interfere with the peace and comfort of other occupants of the beach or the residents of the neighborhood or their guests, or the operators or customers in places of business in the vicinity, or which may detrimentally or adversely affect such occupants or residences or places of business. (Ord 94, 6-14-93)
The following activities shall be exempt from the provisions of this Chapter:
A. Emergency Exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work.
B. Warning Devices. Warning devices necessary for the protection of public safety as for example, police, fire and ambulance sirens and train horns.
C. Outdoor Activities. Activities conducted on public playgrounds and public or private school grounds including but not limited to school athletic and school entertainment events.
D. Construction - special circumstances. The provisions of Section 4204 do not apply to any person who performs construction, repair, excavation or earthmoving work pursuant to the expressed written permission of the City Manager to perform such work at times prohibited in Section 4204. The applicant must submit to the City Manager an application in writing, stating the reasons for the request and the facts upon which such reasons are based. The City Manager may grant written permission for the construction if he/she finds that:
Any applicant dissatisfied with the decision of the City Manager may appeal to the City Council by filing a Notice of Appeal with the City Clerk within ten days after notice of the City Manager's decision. The City Council shall, within thirty days of filing the appeal, affirm, reverse or modify the decision of the City Manager.
The provisions of Section 4204 do not apply to the construction, repair, or excavation during prohibited hours as may be necessary for the preservation of life or property, when such necessity arises during such hours as the offices of the City are closed, or where such necessity requires immediate action prior to the time at which it would be possible to obtain a permit pursuant to this Section. The person doing such construction, repair or excavation shall obtain a permit therefor within one business day of such construction, repair or excavation.
E. Outdoor gatherings, public dances, shows and sporting events. Provided the events are conducted pursuant to a permit issued by the City Manager.
The City Manager shall have primary responsibility for the enforcement of the noise regulations contained herein. Nothing in this Chapter shall prevent the City Manager from obtaining voluntary compliance by way of warning, notice or education.