City of Roseville, CA Proposed Noise Regulation

Title 9
Health and Safety
Chapter 9.24

9.24.010 Purpose
9.24.020 Exemptions
9.24.030 Sound Measurement Methodology
9.24.040 Sound Limits Residential and Sensitive Receptors
9.24.050 Rail Yards and Trains
9.24.060 Noise Disturbances
9.24.070 Exceptions
9.24.080 Violations and Penalties
9.24.090 Definitions

9.24.010 Purpose.

It is declared to be the policy of the city in its exercise of the police power to prohibit unnecessary, excessive and annoying sound levels from all sources. At certain levels, such sounds become noise and are detrimental to the health and welfare of the citizenry and, in the public interest, are hereby systematically proscribed. This chapter is intended to work in concert with and supplement Penal Code §370 (Public Nuisances) and §415 (Disturbing the peace) and to establish local community standards for noise regulation.

9.24.020 Exemptions.

Noise or Sound emanating from the following sources and activities are exempt from the provisions of this title:

A. Sound sources typically associated with residential uses (e.g., children at play, air conditioning and similar equipment, but not including barking dogs).

B. Sound sources associated with property maintenance (e.g., lawn mowers, edgers, blowers, pool pumps, power tools, etc.) provided such activities take place between the hours of eight a.m. and nine p.m..

C. Safety, warning and alarm devices, including house and car alarms, and other warning devices which are designed to protect the health, safety and welfare.

D. The normal operation of public and private schools typically consisting of classes and other school-sponsored activities.

E. Sound sources associated with outside activities on public property (e.g., athletic events, sporting events, fairs, entertainment events) between the hours of eight a.m. and ten-thirty p.m., Sunday through Thursday, and between the hours of eight a.m. and eleven p.m. Friday, Saturday and City-recognized holidays. Provided amplified sound does not exceed seventy five (75) dBA, at the property line of the property on which the event is being held.

F. Maintenance of public facilities, including but not limited to parks, landscape corridors, golf courses, aquatic complexes and other recreational facilities.

G. Governmental operations required to provide services, including but not limited to refuse collection, street sweeping, normal operation of golf courses, aquatic complexes and other recreational facilities including use of controlled amplified sound equipment (e.g. golf course public address systems), and other similar service activities.

H. Governmental operations necessary to provide essential services including but not limited to waste water treatment plants, pumping and lift stations, water treatment plants, electric substations, fire stations, police stations and other civic buildings.

I. Governmental projects, where the City Manager or his or her designee including but not limited to Public Works Director, Environmental Utilities Director and Parks and Recreation Director finds that extended or special hours of construction are necessary. This exemption shall be limited to circumstances where the public health safety and welfare require that the special or extended construction hours be allowed and that every reasonable measure has been taken to minimize noise impacts on persons nearby.

J. Emergencies, involving the execution of the duties of duly authorized governmental personnel including but not limited to sworn peace officers, emergency personnel, Environmental Utilities Director and the Public Works Director and the operation of emergency response vehicles and equipment.

AA. Private construction (e.g., construction, alteration or repair activities) between the hours of seven a.m. and seven p.m. Monday through Friday, and between the hours of eight a.m. and eight p.m. Saturday and Sunday. Provided, however, that all construction equipment shall be fitted with factory installed muffling devices and that all construction equipment is maintained in good working order.

BB. Railroad safety devices (e.g., train horns, train whistles, automated warning systems) used in emergencies or as required for the safe operation of rail traffic.

9.24.030 Sound Measurement Methodology.

A. Compliance with this chapter shall be determined using methodology described in this section. Sound measurement shall be made with a sound level meter using the A-weighting network at slow meter response, except that fast meter response shall be used for impulsive type sounds. Sound measurement for amplified sound (low frequency sound) shall utilize the methodology identified in Section 9.24.040.

B. Calibration of the measurement equipment utilizing an acoustical calibrator meeting American National Standards Institute (ANSI) standards shall be performed immediately prior to recording any sound data.

C. Exterior sound levels shall be measured at the property line or at any location within the property of the of the affected residence, school, hospital, church, public library, or sensitive receptor. Sound measurements shall be taken in such a manner and location so that it can be determined whether sound level standards are exceeded at the property line. Where practical, the microphone of the sound level meter shall be positioned three to five feet above the ground and away from reflective surfaces. The actual location of the sound measurements shall be at the discretion of the sound sampling acoustic specialist.

D. It is unlawful for any person to refuse to cooperate with or to obstruct any Governmental agent, officer or employee in determining the ambient sound level of a commercial, non-commercial or public sound source. Such cooperation shall include, but is not limited to, the shutting off or quieting of any sound source so that an ambient sound level can be measured.

9.24.040 Sound Limits Residential and Sensitive Receptors.

A. It is unlawful for any person at any location to create any sound, or to allow the creation of any sound, on property owned, leased, occupied or otherwise controlled by such person which causes the exterior sound level when measured at the property line of any affected single or multiple-family residence, school, hospital, church, rest home, cemetery, public library or other sensitive receptor to exceed the sound level standards as set forth in Table 1, below.

1. In the event the measured ambient sound level exceeds the applicable sound level standard identified in Table 1, the sound level standard (standard in which violations are measured against) shall be adjusted so as to equal the ambient sound level plus three (3) dB.
2. Each of the sound level standards specified in Table 1 shall be reduced by five (5) dB for simple tone noises, consisting of speech, and music. However, in no case shall the sound level standard be at a lower level than the ambient sound level plus three (3) dB.
3. If the intruding sound source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient sound level can be measured, the sound level measured while the source is in operation shall be compared directly to the sound level standards of Table 1.
4. Table 2 may be used to determine whether the measured equivalent sound level in a given measurement period will cause the equivalent hourly sound level to exceed the sound level standards of this ordinance. If the measured Leq during a given time period exceeds the level corresponding to the sound standard in the column labeled "Equivalent Hourly Leq" the sound standard shall be considered to have been exceeded.

Measurement Period (minutes)

B. In addition to the sound level standards established in Table 1, it is unlawful for any person at any location to produce amplified music or sound which causes the exterior sound level when measured at the property line of any affected single-or multiple-family residence, school, hospital, church, rest home, cemetery, public library or other sensitive receptor to exceed the sound level standards as set forth in Table 3, below.

1. The measurements shall be conducted with the sound level meter set to A-weighting and fast response. Fast response shall be used because the duration between low-frequency tones associated with amplified sound may be considerably less than one second (the average duration represented by the slow meter response). The fast meter response represents one eighth (1/8) second intervals.
2. If separation of low frequency tones from the background ambient sound can be determined with the sound level meter on fast response (a clearly identifiable increase in ambient sound levels corresponding to the audible bass sounds), sound levels shall not exceed an Leq of fifty (50) dBA daytime and forty five (45) dBA nighttime for any one (1) minute period.
3. If separation of low frequency tones cannot be determined with the sound level meter on A-weighting, the meter shall be switched to C-weighting to emphasize the low frequency sound. If separation between low frequency tones and ambient levels can be observed with the meter set to the C-weighting scale, the sound level from the low frequency tones shall not exceed an Leq of seventy five (75) dBC daytime and seventy (70) dBC nighttime for any one (1) minute period.
4. If existing background sound levels are higher than standards identified in Table 3, then the maximum sound levels due to amplified music shall not exceed the background sound levels by more than three (3) dB for A weighted measurements and five (5) dB for C weighted measurements.
5. If separation of low frequency noise cannot be determined with the meter using either A or C weighting scales and low frequency tones are clearly audible to the acoustics specialist, a sound level measurement in terms of one-third (1/3) octave band frequencies shall be utilized. If this approach is required, a ten (10) dB increase in any one-third (1/3) octave band due to the amplified music shall be considered a violation of the this chapter.

9.24.050 Rail Yard and Trains.

A. Notwithstanding Section 9.24.040A and B, the following standards apply to rail yards and trains. It is unlawful for any person in the operation of the rail yard to create any sound, or to allow the creation of any sound, on property owned, leased, occupied or otherwise controlled by the rail yard in excess of eighty nine ( 89) dBA measured at any point three hundred feet distant from the property line of the rail yard. Sound measurements shall be taken in such a manner and location so that it can be determined whether sound level standards are exceeded at three hundred feet from the property line.

9.24.060 Noise Disturbances.

A. Notwithstanding any other provisions of this chapter, and in addition thereto, it is unlawful for any person to willfully make or continue or cause to be made or continued, any loud, unnecessary, excessive or offensive noise or unusual sound which unreasonably disturbs the peace and quiet of any residence or sensitive receptor or which causes discomfort or annoyance to any reasonable person of normal sensitivity in the area.

B. In determining whether a violation of the provisions of this section exists the enforcement officer shall consider the following:

1. The volume and intensity of the sound;
2. The vibration intensity of the sound;
3. Whether the nature of the sound is usual or unusual;
4. Whether the origin of the sound is natural or unnatural;
5. The volume and intensity of the background sound, if any;
6. The proximity of the sound to residential sleeping facilities;
7. The nature and zoning of the area within which the sound emanates;
8. The density of the inhabitation of the area within which the sound emanates;
9. The time of the day or night the sound occurs;
10. The duration of the sound; and
11. Whether the sound is recurrent, intermittent, or constant.

C. Violations of this section are violations of this chapter and are enforceable as provided in Section 9.24.080 below.

9.24.070 Exceptions.

A. An exception may be requested from any section and provision of this chapter. Requests for exceptions shall be applied for on application forms provided by the City Manager or his or her designee . Exceptions for sound associated with construction activities and special events shall conform to the criteria listed in section 9.24.070.B and C., respectively. All other requests for exception shall be evaluated against the criteria stated in section 9.24.070.D..

B. If the applicant can show to the City Manager, or his or her designee that a diligent investigation of available sound suppression techniques for construction-related noise indicates that immediate compliance with the requirements of this chapter would be impractical or unreasonable, due to the temporary nature or short duration of the exception, a permit to allow exception from the provisions contained in all or a portion of this chapter may be issued. Factors which the approving authority must consider for construction related exceptions shall include but not be limited to the following:

1. Conformance with the intent of this chapter;

2. Uses of property and existence of sensitive receptors within the area affected by sound;

3. Factors related to initiating and completing all remedial work;

4. The time of the day or night the exception will occur;

5. The duration of the exception; and

6. The general public interest, welfare and safety.

C. If the applicant can show to the City Manager, or his or her designee that the characteristics of a special event indicate that immediate compliance with the requirements of this chapter would be impractical due to the type of event or unreasonable due to its temporary nature or short duration, a permit allowing an exception from the provisions of this chapter may be issued. Factors considered for Special events related exceptions shall include but not be limited to the following:

1. Conformance with the intent of this chapter;

2. Uses of property and existence of sensitive receptors within the area affected by sound;

3. Hardship to the applicant, or community of not granting the exception

4. The time of the day or night the exception will occur;

5. The duration of the exception; and

6. The general public interest, welfare and safety.

D. If the applicant can show to the City Manager, or his or her designee that immediate compliance with the requirements of this chapter would not result in a hazardous condition or nuisance, and strict compliance would be unreasonable due to the circumstances of the requested exception, a permit to allow exception from the provisions contained in all or a portion of this chapter may be issued. Factors considered for all requests for exceptions, other than construction or special events, shall include but not be limited to the following:

1. Conformance with the intent of this chapter and General Plan Policies;

2. Uses of property and existence of sensitive receptors within the area affected by sound;

3. Factors related to initiating and completing all remedial work;

4. Age and useful life of the existing sound source;

5. Hardship to the applicant, or community of not granting the exception

6. The time of the day or night the exception will occur;

7. The duration of the exception; and

8. The general public interest, welfare and safety.

E. Within ten (10) days of receipt of the application, the City Manager or his or her designee shall either (1) approve or conditionally approve such request in whole or in part, (2) deny the request, or (3) refer the request directly to the City Council for action at the next available Council meeting thereon in accordance with the provisions of this chapter. In the event the exception is approved, reasonable conditions may be imposed which minimize the public detriment and may include restrictions on sound level, sound duration and operating hours, an approved method of achieving compliance and a time schedule for its implementation.

F. Where a request for exception is associated with a discretionary permit, the exception shall be processed concurrently with the discretionary permit. The approving authority for the discretionary permit shall also be the be the approving authority for the exception. Factors which the approving authority must consider for requests for exception shall be those factors identified in section 9.24.070.A.B. and D. dependent upon the type of exception requested. The approving authority for an exception processed with a discretionary permit shall either (1) approve or conditionally approve such request in whole or in part, or (2) deny the request.

G. Where an Approving Authority or City Manager or his or her designee has approved an exception and complaints are received related to the exception the approving body has the authority to take action as he or she deems necessary to reduce the sound impacts including modification or revocation of the exception.

H. Any person aggrieved with the decision of the approving authority, City Manager or his or her designee may appeal to the City Council by filing written notice of appeal with the City Clerk within ten (10) days of the decision. The City Council’s decision shall be final and shall be based upon the considerations set forth in this section.

9.24.080 Violations and Penalties.

A. Violations of this chapter shall be infractions or misdemeanors at the discretion of the City Attorney. Each day any such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

B. Recovery of Costs for Abatement

1. When an enforcement officer responds to any property as a result of a noise complaint, the responding officer may issue a citation to the responsible party, for violations of this chapter. The citation shall state that the responsible party may be liable and charged for the City’s cost of providing noise abatement for repeat violations or each separate offense following the first violation. No fee shall be assessed unless a written citation had first been issued. Following the issuance of the first citation occurring on a lot or parcel of land the City Manager, or his or her designee, shall keep an account of the cost of abating all subsequent violations on this lot or parcel of land.
2. The total cost for abating a second or subsequent violations shall constitute a special security assignment over and above the services normally provided and shall be charged against the responsible party. The charge constitutes a debt of the responsible party to the City, and is collectible by the City in the same manner as in the case of an obligation under a contract, express or implied.

C. Enforcement by Private Action

In addition to other remedies specified herein, any person affected or whose property is affected by a violation of this chapter, which shall be established according to the standards contained herein this chapter, shall have a direct right of action against a violator in any court of competent jurisdiction for abatement of such violation and/or to recover not to exceed five hundred (500) dollars plus court costs and reasonable attorney fees for each day a violation has occurred provided such action is commenced not later than sixty (60) days from the date of such violation.

D. Nonexclusive remedy

1. Notwithstanding the provisions of this chapter, the city shall not be prevented from taking any other civil or criminal action to abate any violation of this chapter.
2. Notwithstanding the provisions of this chapter, the city may elect to use any other legal remedy for recovery of costs of the special security assignment.
3. For the purposes of this chapter the person charged may be any person or persons in charge of the premises and any person or persons responsible for an activity or event resulting in unlawful noise levels.

9.24.090 Definitions.

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

A) "Ambient sound level" means the composite of normal or existing sound from all sources measured at a given location for a specified time of the day or night. The ambient sound level shall be measured with a precision sound level meter, using slow response and "A" weighting. The minimum sound level shall be determined with the sound source at issue silent.

B) “Approving Authority” means the designated body or persons authorized to grant approval or deny a discretionary permit or an exception to this chapter.

C) “A-Weighting” means a frequency response adjustment of a sound level meter that conditions the output signal to approximate human response.

D) “C Weighting” means the weighting network which best represents the response of the human ear to higher intensity low frequency noise.

E) "Decibel" means a unit for measuring the relative loudness of sounds equal approximately to the smallest degree of difference of loudness ordinarily detachable by the human ear whose range includes approximately one hundred thirty decibels on a scale beginning with one for the faintest audible sound.

F) “Discretionary Permit” means a permit issued by the City other than ministerial permits, including but not limited to Conditional Use Permits, Tentative Subdivision Maps, Design Review Permits and Administrative Permit.

G) "Enforcement officer" means the City Manager or his or her designee.

H) "Equivalent Hourly Sound Level (Leq)" means the sound level corresponding to a steady state A weighted sound level containing the same total energy as the actual time-varying sound level over a one-hour period.

I) "Fixed sound source" means a device or machine which creates sounds while fixed or stationary, including but not limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment also includes motor vehicles operated on private property.

J) "Intruding sound level" means the sound level created, caused, maintained or originating from an alleged offensive source, measured in decibels, at a specified location while the alleged offensive source is in operation.

AA) “Noise” means any loud discordant or disagreeable sound or sounds.

BB) “One-Third Octave Band” means the sound level contained within a frequency band which is one third of an octave wide. Each one third band center frequency increases by a factor of 1.26 (cube root of 2). Examples of one third octave band center frequencies include 50, 63, 80, 100, 125, 160, etc. hertz. Describing sound levels in one third octave bands provides information as to the tone of the noise (low frequency versus high frequency), in addition to the intensity of the noise.

CC) "Property line or plane" means a vertical plane including the property line which determines the property boundaries in space. When the term "property line" is used in this chapter, it refers to property plane.

DD) "Public property" means any property owned by a public agency and held open to the public, including but not limited to parks, streets, sidewalks, and alleys.

EE) "Residential property" means a parcel of real property which is zoned for residential use.

FF) "School" means institutions conducting regular academic instruction at preschool, kindergarten, elementary, secondary or collegiate levels.

GG) “Sensitive Receptor” means a land use in which there is a reasonable degree of sensitivity to noise. Such uses include single-family and multi-family residential uses, schools, hospitals, churches, rest homes, cemeteries, public libraries and other sensitive uses as determined by the enforcement officer.

HH) "Simple tone noise" means any sound which is distinctly audible as a single pitch (frequency) or set of pitches. Includes sound consisting of speech and music.

II) "Sound level" means the sound pressure level in decibels as measured with a sound level meter using the A-weighting network. The unit of measurement is referred to herein as dBA.

JJ) "Sound level meter" means an instrument meeting American National Standard Institute Standard S1.4A-1985 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. "Precision sound level meter" means a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute Standard S1.4, "Specification for Sound Level Meters."