A. 
It is the purpose of these regulations to implement the goals and objectives of the noise element of the city's general plan, to establish community-wide noise standards and to serve as a reference for locating other city regulations relating to noise in the community. It is further the purpose of these regulations to recognize that the existence of excessive noise within the city is a condition which is detrimental to the health, safety, welfare and quality of life of the citizens which should be regulated in the public interest.
B. 
In furtherance of the foregoing purpose, the city council finds and declares as follows:
1. 
The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises or vibrations that are prolonged, unusual, annoying, disturbing and unnatural in their time, place and use are a detriment to the public health, comfort, convenience, safety, general welfare and the peace and quiet of the city and its inhabitants; and
2. 
The public interest necessity for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuit of and for the purpose of securing and promoting the public health, comfort, convenience, safety, general welfare and property and the peace and quiet of the city and its inhabitants.
(Ord. 324 § 2, 2008)
For the purposes of this chapter, the following terms shall have the meanings given:
"Construction equipment"
means tools, machinery or equipment used in connection with construction operations, including all types of "special construction" equipment as defined in the pertinent sections of the California Vehicle Code when used in the construction process on any construction site, home improvement site or property maintenance site, regardless of whether such site be located on highway or off highway.
"Enforcement officer"
means a city code enforcement officer or peace officer authorized to enforce the provisions and prohibitions of this chapter pursuant to HMC § 8.50.070.
"Plainly audible"
means any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the investigating enforcement officer need not determine the title of any music, specific words, or the artist performing the music. The detection of the vibration from the rhythmic bass component of the music is sufficient to constitute a plainly audible sound.
"Public right-of-way"
means any street, avenue, boulevard, highway, sidewalk, alley or similar place, owned or controlled by a government entity.
"Public space"
means any real property or structure(s) on real property, owned by a government entity and normally accessible to the public, including but not limited to parks and other recreation areas.
"Responsible person"
means (1) any person who owns, leases or is lawfully in charge of the property or motor vehicle where the noise violation takes place or (2) any person who owns or controls the source of the noise or violation. If the responsible person is a minor, then the parent or guardian who has custody of the child at the time of the violation shall be the responsible person who is liable under this chapter.
(Ord. 324 § 2, 2008)
A. 
It shall be unlawful for any person to engage in the following activities:
1. 
Sounding any horn or signal device on any automobile, motorcycle, bus or other motor vehicle in any other manner or circumstance(s) or for any other purpose than required or permitted by the Vehicle Code or other state laws.
2. 
Racing the engine of any motor vehicle while the vehicle is not in motion, except when necessary to do so in the course of repairing, adjusting or testing the same.
3. 
Operating or permitting the use of any motor vehicle on any public right-of-way or public place or on private property within a residential zone for which the exhaust muffler, intake muffler or any other noise abatement device has been modified or changed in a manner such that the noise emitted by the motor vehicle is increased above that emitted by the vehicle as originally manufactured.
4. 
Operating or permitting the use or operation of personal or commercial music or sound amplification or production equipment that is:
a. 
Plainly audible across property boundaries;
b. 
Plainly audible through partitions common to two residences within a building;
c. 
Plainly audible at a distance of 50 feet in any direction from the source of music or sound, between the hours of 7:00 a.m. and 10:00 p.m.; or
d. 
Plainly audible at a distance of 25 feet in any direction from the source of music or sound, between the hours of 10:00 p.m. and 7:00 a.m.
5. 
The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or any motor vehicle burglar alarm, except for emergency purposes or for testing, unless such alarm is terminated within 15 minutes of activation.
6. 
Creating excessive noise adjacent to any school, church, court or library while the same is in use, or adjacent to any hospital or care facility, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed, clearly visible to the motoring public, indicating the presence of a school, institution of learning, church, court or hospital.
7. 
Making or knowingly and unreasonably permitting to be made any unreasonably loud, unnecessary or unusual noise that disturbs the comfort, repose, health, peace and quiet or which causes discomfort or annoyance to any reasonable person of normal sensitivity. The characteristics and conditions that may be considered in determining whether this section has been violated include, but are not limited to, the following:
a. 
The level of noise;
b. 
Whether the nature of the noise is usual or unusual;
c. 
Whether the origin of the noise is natural or unnatural;
d. 
The level of the background noise;
e. 
The proximity of the noise to sleeping facilities;
f. 
The nature and zoning of the area(s) within which the noise emanates;
g. 
The density of the inhabitation of the area within which the noise emanates;
h. 
The time of day or night the noise occurs;
i. 
The duration of the noise; and
j. 
Whether the noise is produced by a commercial or noncommercial activity.
B. 
A violation of this section is a public nuisance.
C. 
A violation of this section may result in the following:
1. 
Issuance of an administrative citation, where the fines and penalties shall be assessed as infractions in accordance with HMC § 2.56.110;
2. 
Issuance of a notice of public nuisance and abatement pursuant to Chapter 8.28 HMC;
3. 
Imposition of criminal and civil penalties, including those in Chapter 1.24 HMC; and
4. 
Confiscation and impoundment as evidence of the components that are amplifying or transmitting the prohibited noise.
D. 
An enforcement officer who encounters a violation of this section may issue a written notice to the responsible person demanding immediate abatement of the violation (written notice). The written notice shall inform the recipient that a second violation of the same provision within a 72-hour period may result in the issuance of a criminal citation and/or notice of public nuisance, the imposition of criminal and civil penalties, and confiscation and impoundment as evidence of the components that are amplifying or transmitting the prohibited noise.
E. 
Any peace officer who encounters a second violation of this section within a 72-hour period following issuance of a written notice is empowered to confiscate and impound as evidence any or all of the components amplifying or transmitting the sound.
F. 
Any person claiming legal ownership of the items confiscated and impounded under this section may request the return of the item by filing a written request with the police department within seven calendar days of the confiscation. Such requests shall be processed in accordance with the procedures adopted by the police department.
(Ord. 324 § 2, 2008; Ord. 370 § 27, 2012)
A. 
No person shall operate or occupy a motor vehicle on any public right-of-way, public place or private property, while operating or permitting the use or operation of any radio, stereo receiver, musical instrument, television, computer, compact disc player, tape recorder, cassette player or any other device for the production or reproduction of sound from within the motor vehicle, so that the sound is plainly audible at a distance of 50 feet from such vehicle, or in the case of a motor vehicle on private property, beyond the property line.
B. 
A violation of this section is a public nuisance.
C. 
A violation of this section may result in the following:
1. 
Issuance of an administrative citation, where the fines and penalties shall be assessed as infractions in accordance with HMC § 2.56.110;
2. 
Issuance of a notice of public nuisance and abatement pursuant to Chapter 8.28 HMC;
3. 
Imposition of criminal and civil penalties, including those in Chapter 1.24 HMC; and
4. 
Immediate confiscation and impoundment as evidence of the components that are amplifying or transmitting the prohibited noises or the immediate confiscation and impoundment of the motor vehicle to which the component is attached if the same may not be removed without causing harm to the vehicle or the component.
D. 
Any person claiming legal ownership of a motor vehicle confiscated and impounded under this section may request the return of the vehicle by filing a written request with the police department within seven calendar days of the confiscation. Such requests shall be processed in accordance with procedures adopted by the police department.
E. 
Any person claiming legal ownership of the items confiscated and impounded under this section, other than a motor vehicle, may request the return of the item by filing a written request with the police department, which shall be processed in accordance with procedures adopted by the police department.
(Ord. 324 § 2, 2008; Ord. 370 § 28, 2012)
It shall be unlawful for any person to engage in the following activities at a time other than between the hours of 5:00 a.m. and 10:00 p.m. on any day in the industrial (I) zone, and between the hours of 7:00 a.m. and 10:00 p.m. on any day in all other zones:
A. 
Operate or permit the use of powered model vehicles and planes.
B. 
Load or unload any vehicle, or operate or permit the use of dollies, carts, forklifts, or other wheeled equipment that causes any impulsive sound, raucous or unnecessary noise within 1,000 feet of a residence.
C. 
Operate or permit the use of domestic power tools, machinery, or any other equipment or tool in any garage, workshop, house or any other structure.
D. 
Operate or permit the use of gasoline or electric-powered leaf blowers such as commonly used by gardeners and other persons for cleaning lawns, yards, driveways, gutters and other property.
E. 
Operate or permit the use of privately operated street/parking lot sweepers or vacuums, except that emergency work and/or work necessitated by unusual conditions may be performed with the written consent of the code enforcement officer.
F. 
Operate or permit the use of electrically operated compressor(s), fan(s) and other similar device(s).
G. 
Operate or permit the use of pile driver(s), steam or gasoline shovel(s), pneumatic hammer(s), steam or electric hoist(s) or other similar device(s).
H. 
Perform ground maintenance on golf course grounds and tennis courts contiguous to golf courses that creates a noise disturbance across a residential or commercial property line.
I. 
Operate or permit the use of any motor vehicle with a gross vehicle weight rating in excess of 10,000 pounds, or of any auxiliary equipment attached to such a vehicle, including but not limited to refrigerated truck compressors, for a period longer than 15 minutes in any hour while the vehicle is stationary and on a public right-of-way or public space, except when movement of said vehicle is restricted by other traffic.
J. 
Repair, rebuild, reconstruct or dismantle any motor vehicle or other mechanical equipment or device(s) in a manner so as to be plainly audible across property lines.
K. 
Load, unload, open, close or otherwise handle garbage cans, recycling bins or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following morning, except city-permitted trash collection.
(Ord. 324 § 2, 2008; Ord. 352 § 1, 2010)
The following activities and noise sources shall not be subject to the provisions of this chapter:
A. 
Those noise events in the community (e.g., airport noise, arterial traffic noise, railroad noise) that are more accurately measured by application of the general plan noise element policy, utilizing the community noise equivalent level (CNEL) method.
B. 
Activities conducted on the grounds of any public or private school during regular hours of operation.
C. 
Outdoor gatherings, public dances, shows and sporting and entertainment events, provided said events are authorized by the city.
D. 
Legally permitted activities conducted at public places during regular hours of operation.
E. 
Any mechanical device, apparatus, or equipment used, related to or connected with emergency machinery, vehicle or work.
F. 
All mechanical devices, apparatus, or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions.
G. 
Mobile noise sounds associated with agricultural operations, provided such operations do not take place between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, including Saturdays, or at any time on Sunday or a state holiday.
H. 
Mobile noise sources associated with agricultural pest control through pesticide application.
I. 
Warning devices necessary for the protection of the public safety, including, but not limited to, police, fire and ambulance sirens and train horns and sounds for the purpose of alerting persons to the existence of an emergency.
J. 
Construction, repair or excavation necessary for the immediate preservation of life or property.
K. 
Construction, operation, maintenance and repair of equipment, apparatus or facilities of the park and recreation department, public work projects or essential public services and facilities, including trash collection and those of public utilities subject to the regulatory jurisdiction of the Public Utilities Commission.
L. 
Construction, repair or excavation work performed pursuant to a valid written agreement with the city or any of its political subdivisions, which agreement provides for noise mitigation measures.
M. 
Any activity, to the extent regulation thereof has been preempted by state or federal law.
N. 
Any specific activity or noise source governed elsewhere in this code. Such activities include, but are not limited to:
1. 
Security alarm systems (Chapter 8.04 HMC);
2. 
Animal noise (Chapter 6.04 HMC);
3. 
Loud, unruly or disorderly private parties or assemblies (Chapter 9.17 HMC).
(Ord. 324 § 2, 2008)
No person shall interfere with, oppose, or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his duty.
(Formerly 8.50.140; Ord. 283 § 4, 2002; Ord. 324 § 3, 2008)
Violations of this chapter shall be prosecuted in the same manner as other violations of this code; provided, however, in the event of an initial violation of the provisions of this chapter, a written notice shall be given the alleged violator which specifies the time by which the condition shall be corrected or, where applicable, an application for a permit shall be received by the planning division. No complaint or further action shall be taken in the event the cause of the violation has been removed or the condition abated or fully corrected within the time period specified in the written notice.
(Formerly 8.50.150; Ord. 283 § 4, 2002; Ord. 324 § 3, 2008; Ord. 370 § 29, 2012)
In the event the alleged violator cannot be located in order to serve the violation of intention to prosecute, such notice shall be deemed to be given upon mailing such notice by registered or certified mail to the alleged violator at his last known address or at the place where the violation occurred, in which event the specified time period for abating the violation or applying for a variance shall commence on the date of the day following the mailing of such notice. Subsequent violations of the same offense shall result in the immediate filing of a complaint.
(Formerly 8.50.170; Ord. 283 § 4, 2002; Ord. 324 § 3, 2008; Ord. 370 § 30, 2012)
A. 
The city manager may order an immediate halt to any sound which exposes any person, except those excluded pursuant to HMC § 8.50.060, to continuous sound levels in excess of those described herein. Within two days following the issuance of any such order, the city shall apply to the appropriate court for an injunction to replace the order.
B. 
No order pursuant to subsection A of this section shall be issued if the only persons exposed to sound levels in excess of those contained herein are exposed as a result of (1) trespassing; (2) an invitation upon private property by the person causing or permitting the sound; or (3) employment by the person or contractor of the person causing or permitting the sound.
C. 
Any person subject to an order issued pursuant to subsection A of this section shall comply with such order until (1) the sound is brought into compliance with the order, as determined by the city manager; or (2) a judicial order has superseded the order of the city manager.
(Formerly 8.50.180; Ord. 283 § 4, 2002; Ord. 324 § 3, 2008)
The city manager or his designee, in his/her sole discretion, may prosecute violations of this chapter through the administrative citation process set forth in Chapter 2.56 HMC, in lieu of the criminal or nuisance abatement process. In the case of second and subsequent violations of this chapter, the city may assess a second response service fee in compliance with HMC § 9.17.030 through § 9.17.060, inclusive.
(Ord. 324 § 4, 2008)