16.154.020 NOISE AND VIBRATION STANDARDS

A.     Declaration of Policy

In order to control unnecessary, excessive, and annoying noise and vibration in the City of Claremont, it is hereby declared to be the policy of the City to prohibit such noise and vibration generated from or by all sources as specified in this section.

B.     Decibel Measurement Criteria

Any decibel measurement made pursuant to the provisions of this section shall be based on a reference sound pressure of 20 micro-pascals as measured with a sound level meter using the “A” weighted network (scale) at slow response.

C.    Designated Noise Zones

The properties hereafter described are hereby assigned the following noise zones:

NOISE ZONE I: All single, double and multiple family residential properties.

NOISE ZONE II: All commercial properties.

NOISE ZONE III: All manufacturing or industrial properties.

D.    Exterior Noise Standards

1.     The Base Noise Level is the ambient noise level or the Ambient Base Noise Level, whichever is higher. The Ambient Base Noise Levels are as follows:

Each of the noise limits above shall be reduced 5 dBA for noise consisting of impulse or simple tone noise.

2.     It shall be unlawful for any person at any location within the incorporated area of the City to create any noise or allow the creation of any noise on the property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured on the property line of any other property to exceed the basic noise level as adjusted below:

Basic Noise Level for a cumulative period of more than 15 minutes in any one hour; or

Basic Noise Level plus 5 dBA for a cumulative period of more than 10 minutes in any one hour; or

Basic Noise Level plus 14 dBA for a cumulative period of more than 5 minutes in any one hour; or

Basic Noise Level plus 15 dBA at any time.

3.     If the measurement location is a boundary between two different noise zones, the lower noise level standard shall apply.

4.     If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the measured noise level obtained while the noise is in operation shall be compared directly to the allowable noise level standards as specified respective to the measurement location’s designated land use and for the time of day the noise level is measured.

The reasonableness of temporarily discontinuing the noise generation by an intruding noise source shall be determined by the Director or his/her duly authorized deputy for the purpose of establishing the existing ambient noise level at the measurement location.

E.     Interior Noise Standards

1.     The interior Ambient Noise Level or the Ambient Base Noise Level is defined as:

Each of the noise limits specified above shall be reduced by 5 dBA for impulse or simple tone noise.

2.     It shall be unlawful for any person at any location within the incorporated area of the City to create any noise or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person which causes the noise level when measured within any other residential dwelling unit in any noise zone to exceed the Interior Basic Noise Standard in the manner described in Section 16.154.020.D.2.

3.     If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the same procedures specified in Section 16.154.020.D.2 shall be deemed proper to enforce the provisions of this section.

F.     Exemptions

The following activities shall be exempted from the provisions of this chapter:

1.     City approved and/or sponsored activities conducted at public parks, facilities, and/or playgrounds, and on public or private school or college grounds including, but not limited to, athletic and school entertainment events between the hours of 7:00 a.m. and 10:00 p.m.

2.     Occasional outdoor gatherings, dances, shows, and sporting and entertainment events provided said events are conducted pursuant to a permit or license issued by the City relative to the staging of said events.

3.     Any mechanical device, apparatus, or equipment used, related to or connected with emergency machinery, vehicle, work, or warning alarm or bell provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within 30 minutes in any hour of its being activated.

4.     Noise sources associated with or vibration created by construction, repair, remodeling or grading of any real property, or during authorized seismic surveys, provided:

a.     Activities take place between the hours of 7:00 a.m. and 8:00 p.m. weekdays and Saturdays, excluding national holidays; and

b.     Noise levels, as measured on residential properties, do not exceed 65 dBA for a cumulative period of more than 15 minutes in any one hour, 70 dBA for a cumulative period of more than 10 minutes in any one hour, 79 dBA for a cumulative period of more than 5 minutes in any one hour or 80 dBA at any time; and

c.     Any vibration created does not endanger the public health, welfare, and safety.

Only that construction, repair, remodeling and grading activity that does not exceed the noise levels set by Section 16.154.020.D may occur on Sundays and national holidays.

5.     All mechanical devices, apparatus or equipment associated with agricultural operations provided:

a.     Operations take place between 7:00 a.m. and 8:00 p.m. weekdays and Saturdays, excluding national holidays, and operations do not take place on Sundays or national holidays, or

b.     Such operations and equipment are utilized for protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions, or

c.     Such operations and equipment are associated with agricultural pest control through pesticide application provided the application is made in accordance with permits issued by or regulations enforced by the California Department of Agriculture.

6.     Noise sources associated with the maintenance of real property provided said activities are approved by the Director and take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday. Lawn mowers, edgers, and similar lawn and garden maintenance equipment shall be exempted only until January 1, 1980.

7.     Any activity to the extent regulation thereof has been preempted by state or federal law.

G.    Schools, Churches, Libraries, Health Care Facilities—Special Provisions

It shall be unlawful for any person to create any noise which causes the noise level at any school, hospital or similar health care institution, church, or library while the same is in use, to exceed the noise standard specified in Section 16.154.020.D prescribed for the assigned noise zone in which the school, hospital, church or library is located without the written consent of the affected institution.

H.    Special Provisions

1.     Air Conditioning and Refrigeration

Until January 1, 1980, the noise standards enumerated in Sections 16.154.020.D and 16.154.020.E shall be increased 5 dBA where the alleged intruding noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of the ordinance.

2.     Solicitors—Use of Loud Noise, etc., to Advertise Goods, etc.

No solicitor or any person on his or her behalf shall shout, cry out or use any device or instrument to make sounds for the purpose of advertising.

3.     Animal Noises

See Section 6.12.190 of the Claremont Municipal Code.

4.     Radios, Television Sets, Musical Instruments and Similar Devices

No person shall operate or permit the operation or playing of any device which reproduces, produces or amplifies sound, such as a radio, musical instrument, drum, phonograph, or sound amplifier, in such a manner as to create a noise disturbance:

a.     Across any real property boundary or within Noise Zone I, between the hours of 10:00 p.m. and 7:00 a.m. on the following day (except for activities for which a permit has been issued by the City).

b.     At 50 feet (15 meters) from any such device, if operated on or over any public right-of-way.

5.     Loading and Unloading for Nonresidential Uses

No person shall cause the 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. the following day in such a manner as to cause a noise disturbance across a residential real property boundary or within Noise Zone I.

6.     Vehicle Repairs and Testing

No person shall cause or permit the repairing, rebuilding, modifying, or testing of any motor vehicle, motorcycle, or motorboat in such a manner as to create a noise disturbance between the hours of 10:00 p.m. and 8:00 a.m. the following day across a residential real property boundary or within Noise Zone I.

7.     Airport and Aircraft Operations

a.     The Director shall consult the nearby airport proprietors to recommend changes in airport operations to minimize any noise disturbance which the airport owner may have authority to control in his or her capacity as proprietor.

b.     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.

8.     Railroads

The City does hereby adopt all provisions of the Railroad Noise Emission Standards (CFR, Chapter 1, Part 20, 41FR2184, January 14, 1976) and shall enforce them as indicated therein.

9.     Motor Vehicles

(See Section 10.52.010 of the Claremont Municipal Code for special routing of vehicles in excess of 10,000 gvw.)

(See Section 10.48.010 of the Claremont Municipal Code for sections on speed control.)

The City does hereby adopt all provisions of the State Motor Vehicle Code pertaining to noise emissions including, not but limited to: Sections 23130, 23130.5, 27150.1, 27150.7, 27151, 27160, 27502, 27503, 38275, and 38280 and shall enforce them as indicated therein.

10.   Tampering

The following acts or the causing thereof are prohibited:

The removal or rendering inoperative by any person other than for the purposes of maintenance, repair, or replacement, of any noise control device or element of design or noise label of any product identified under Section 4.3.6.* The Director may, by regulation, list those acts which constitute violation of this provision.

*      U. S. Environmental Protective Agency Model Comm. Noise Control Ordinance, 9/1975 Document EPA 550/9-76-003.

11.   Administration

The preceding list of provisions are individually exclusive and inclusive. Any act creating or permitting the creation of a noise disturbance as defined by this title, not otherwise excluded by the preceding section of this title, shall constitute a violation of this title and shall be abated as such.

I.      Noise Level Management

For enforcement of applicable provisions herein decibel values are a basis of violation, the City will establish a procedure for measurement including equipment, technique, calibration and other items that may be appropriate.

J.     Vibration

Notwithstanding other sections of this chapter, it shall be unlawful for any person to create, maintain or cause any ground vibration which is perceptible without instruments at any point on any affected property adjoining the property on which the vibration source is located. For the purpose of this chapter, the perception threshold shall be presumed to be more than 0.05 inches per second RMS vertical velocity.

K.     Proposed Developments

Each department whose duty it is to review and approve new projects or changes to existing projects that result or may result in the creation of noise shall consult with the Director prior to any such approval. If at any time the Director has reason to believe that a standard, regulation or action, or proposed standard, regulation or action of any department respecting noise does not conform to the provisions as specified in this chapter, the Director may request such department to consult with him or her on the advisability of revising such standard or regulation to obtain conformity.

L.     Noise Variance Procedure

The owner or operator of a noise or vibration source which violates any of the provisions of this chapter may file an application with the Director for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions, the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. The application shall be accompanied by a fee as established, and amended from time to time, by the City Council. 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. Upon receipt of a complete application and fee, the Director shall refer it with his/her recommendations thereof to the Planning Commission at their next available meeting for action thereon in accordance with the provisions of this chapter.

M.    Planning Commission Responsibility

The Planning Commission shall evaluate all applications for variance from the requirements of this chapter and may grant said variances with respect to time for compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum compliance with the provisions of this chapter. Said terms, conditions, and requirements may include, but shall not be limited to limitation on noise levels and operating hours. Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations said commission shall consider the following:

1.     Magnitude of nuisance caused by the offensive noise.

2.     The uses or property within the area of impingement by the noise.

3.     The time factors related to study, design, financing and construction of remedial work.

4.     The economic factors related to age and useful life of the equipment.

5.     The general public interest, welfare and safety.

Any variance granted by the Commission shall be by resolution and shall be transmitted to the Director for enforcement. Any violation of the terms of said variance shall be abated as provided for in Chapter 16.026 of this title.

N.    Appeals

Appeals may be filed in accordance with existing provisions of City ordinances governing zoning variances.

O.    Prima Facie Violation

Any noise exceeding the noise level standards for a designated noise zone as specified in Sections 16.154.020.D and 16.154.020.E or vibration exceeding the standards as specified in Section 16.154.020.J of this chapter, shall be deemed to be prima facie evidence of a violation of the provisions of this chapter.

P.     Delay in Implementation—Fixed Noise Source

None of the provisions of this chapter shall apply to a fixed sound source during the period commencing the effective date of this chapter and terminating 90 days thereafter.

Q.    Vibration and Climatic Influences

No operation or activity shall create any of the following effects to the extent they are detectable without the use of instruments at any location outside of the lot upon which said operation or activity is conducted.

1.     Vibration of the ground.

2.     Change of air temperature or humidity.

3.     Wind.

4.     Dust or other airborne particulate matter.

5.     Toxic or noxious matter. (08-05)