8.68.200 Specific unlawful noises.
Notwithstanding any other provision of the chapter to the contrary, the following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this chapter, but such enumeration shall not be deemed to be exclusive, namely:
A. Motor Noises. Any noise made by the motor of any automobile, truck, tractor, motorcycle, not reasonably required in the operation thereof under the circumstances and shall include but not be limited to backfiring and motor racing.
B. Horns and Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle, trolley coach or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or any other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
C. Yelling and Shouting. Yelling, shouting, hooting, whistling, singing or blowing of horns on the public streets, particularly between the hours of ten p.m. and seven a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel, motel, apartment or other type of residence, or of any persons in the vicinity.
D. Pile Drivers, Hammers, Etc. The operation between the hours of ten p.m. and seven a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.
E. Tools. The use or operation between the hours of ten p.m. and seven a.m. of any power saw, power planer, or other powered tool or appliance or saw or hammer, or other tool, so as to disturb the quiet, comfort, or repose of persons in any dwelling, hotel, motel, apartment, or other type of residence, or of any person in the vicinity.
F. Blowers. The operating of any noise-creating blower or power fan or any internal combustion engine the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
G. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
H. Loading, Unloading-Opening Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers.
I. Hawkers, Peddlers and Vendors. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of persons in the neighborhood.
J. Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.
K. Transportation of Metal Rails, Pillars and Columns. The transportation of rails, pillars or columns of iron, steel or other material, over and along streets and other public places upon carts, drays, cars, trucks in any manner so as to cause loud noises or to disturb the peace and quiet of persons in the vicinity thereof.
L. Animals, Birds, Fowls. The keeping of any animal, fowl, or bird which by causing frequent or long continued noise shall disturb the comfort or repose of persons in the vicinity.
M. Any noise emitted from a radio, tape player, tape recorder, record player, compact disc player or any other audible audio equipment, or television outdoors on or in any publicly owned property or place, including, but not limited to, public parks, when such noise is audible to a person of normal hearing sensitivity one hundred (100) feet from said radio, tape player, tape recorder, record player, compact disc player or any other audible audio equipment, or television.
1. Notwithstanding any other provision of this chapter, no notice to appear shall be issued or criminal complaint shall be filed for a violation of this subsection M unless the offending party is first given a verbal or written notification of violation by any peace officer or other person charged with enforcing this subsection M and a reasonable opportunity to correct said violation.
2. Notwithstanding any other provision of this code, any person violating this subsection M shall be guilty of an infraction and upon conviction thereof, shall be fined in accordance with the provisions of Section 36900 (b) of the California Government Code.
This subsection M shall not apply to any act prohibited by Section 10.12.090 of this code or to broadcasting from any vehicle as defined and regulated by Sections 10.60.010 through 10.60.090 of this code, to the use of radios, tape players, tape recorders, record players, compact disc players or any other audible audio equipment, or televisions in the course of an assembly for which a permit has been issued pursuant to Sections 12.72.160 through 12.72.180 of this code or to a parade as defined and regulated by Sections 12.48.010 through 12.48.080 of this code, or to the use of radios, tape players, tape recorders, record players, compact disc players or any other audible audio equipment, or televisions regulated by Section 12.44.210 of this code. This subsection M shall apply notwithstanding the provisions of subsection B of Section 8.68.080 of this chapter.
As used in this subsection M, "person of normal hearing sensitivity" means a person who has a hearing threshold level of between zero and twenty-five (25) decibels HL averaged over the frequencies five hundred (500), one thousand (1000) and two thousand (2000) hertz. (Ord. 2003-011 § 1; prior code § 66.03.302)
