HomeMy WebLinkAbout38.49 Revised
ORDINANCE 38.49
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING THE SARATOGA CITY CODE BY ADDING.
ARTICLE V TO CHAPTER 8 'THEREOF~ RELATING TO THE CONTROL OF NOISE LEVELS
The City Council of the City of .S~ratoga does hereby o~in as follows:
Section 1: The Saratoga City Code is hereby amended by adding Article V,
entitled "Noise. Control" to Chapter 8'thereof,'said Article
and its sect-ions'~and~sub'~ections to read as.fol'lows:
Section 8-80 Declaration of Policy
It'is hereby declared to be the policy o£ th'~s City that the peace,'health
safety and welfare of its citizens require protection from excessive, unnecessary
and unreasonable noises from any and all sources in the connnunity-subject to its
police power. It is the intention of the City Council to control the adverse
effects of such noise sources on the citizens under'any condition of use, and
especially those conditions of use which have the most severe impact upon any person
or neighborhood, and not under special or ideal conditi~nso
Section 8-81 Definitions
For the purposes of this chapter, certain terms are defined as follows:
(a) Sound 'Level, expressed in decibels (dB), is a togrfthmic indication of
the ratio between the acoustic energy present at a given location and the lowest
amount of acoustic energy audible to sensitive human ears and weighted by frequency
to account for characteris'tics of human hearing, as given in the American National
Standards Institute Standard Si.I, "Acoustic Technolog~','Pa~agraph 2.9, or successor
reference. All ~e~e~e~ces to dB in~-this chapter utilize the .A-level weighting scale,
abbreviated dBA, measured as ~et forth in this chapter.
-(b)~ 'Precision Sound Level Meter is a device for measuring sound levels in
decibel units within the performance specifications in the Kmerican National Standards
Standard S1.4, "Specification for Sound L~vel Meters" or successor reference.
(c) Ambient Noise~.is' the afl-encompass'ing noise associated with a given
environment, being usually a composit~ of sounds from many sources, near and far.
Local ambient is the noise level'obtained when the'noise level is ~veraged over a
period of 15 minutes without inclusion of noise from isolated identifiabl~ sourqes
at the.~ocation and time of day'near that at which a comparison is to be made, and
Qhen the noise source at issu~ is ~ilent. However, for purposes of this article,
in n~ case shall the local ambienf be c~nsidered or determined to be less than:
(1) 40 dBA for'interior noise in Section 8-82, (2) '45 dBA in all other sections.
If the focal ambientIls largely composed of noise produced by.other'individual
identifiable sources which would otherwise be operating continuousiy ~uring the 15L
minute measurement period .and contributing significantly to the ambient sound level,
determination of the local ambient shall be accomplished with these separate
identifiable noise sources silent.
(d) Noise Level is the maximum continuous sound level or r~petitive peak
level produced by a source or group of sources as measured with a precision sound
level meter using the '~A"'.~eighting"s~ale,' a~d"the~meter'respon~e f~nctio~-s'et to
"SLOW".
(e) Vehicle'is any device by which any person or property'may be propelled,
moved, driven or drawn upon a phblic streetor highway or pn any private property.
(f) Property Plane is a vertical plane, including the property line, which
determines the property boundarie's in space of the parcel of property over from which
the sound in question is audibly'~ransmi'tted°.'~
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(g) Emergencies are essential activities necessary to restore, preserve,
protect or save lives or property from imminent danger of loss or harm.
(h) Sound Amplif~ing'iEq~ipment shall mean any machine or devi~e for the
amplification. of the human voice,' music or any other sound. This shall not include
standard automobile radios when used or heard only by the occupants of the vehicle in
which the automobile radio is installed. The term "SoUnd Amplifying Equipment",
as used in this chapter, shall ~ot include warning devices on authorized emergency
vehicles or horns or other warning devices of any vehicle used only for traffic
safety purposes.
(i~ ' Commercial Purpose shall mean and include the use, operation, or main-
tenance of any sound amplifying equipment for the purpose of advertising any business,
~ny goods, any serviqes, or fo~ the' purpose ofattracting the attention of the public
to, or advertising for, or soliciting patronage or.customers to or for any performance,
show, entertainment, exhibition Qr event, or.-for the purpose of demonstrating such
sound equipment. ~ I~
(j) Non-CommercialPurpose shall ~mean the use, loperation or maintenance of
any sound equipment for Other than a "commercial purpOSe". The term"non-commercial
pu~pose".shall mean and ~nclude,"bu~ shall not be limited .to, philanthropic,
political, patriotic and charitable purposes.
(k) Decibel shall mean a unit which is one-tenth of a dimensionless unit
for expressing the ratio of two values of a power, the. number of those dimensionless '
units being-the logarithm to 'the base 10 of the power ratio.
Section 8-82 Residential Property Noise Limits
· (a) No person ~hall cause, produce, suffer or allow to be produced by any
machine, animal or device,.o~ any combination of same, in a single-family resi-
dential zoning district, a noise level more than 6dBA above the local ambient at any
point outside of the property plan~.
(b) Noperson shall cause, produce, suffer or allow to be produced by any
-machine, animal or device, or any combination of same, in a multi-family residential
zoning district, a noise level.more than 6dBA above the local ambient three feet from
'any wall,, floor or ceiling inside any dwefling unit on the same property,¥~ep~]~"~'
Section 8-83 Commercial and Industrial Property Noise Limits
No person shall cause, produce, suffer, or allow to be produced by any
machine,.animal or device, or any combination of same, in any commercial or industrial
zoning district, a noise level more than 8dBA above the local ambient at any point
outside of the property plane.
Section 8-84 t'Daytime Exceptions
Any noise source which does not p~oduce a noise level exceeding 70 dBA at
a distance of 25 feet. under its most noisy condition of use shall be _exempt from the
provisions of Sections 8.82 and 8-83 between the hours of 8:00 A.M. and 8:00 P.M.
Section 8-85 Emergencies
Emergencies are exempt' from'this article.
Section 8-86 Construction.
Notwithstanding any others'provision of this chapter, between the hours of
7:30 A.M. and 8:00 P.M7, construct'ion, alteration, or repair activities which are
authorized by a valid city permit shall be allowed if they meet at least one of the
following noise limitationS:
(a) No individual piece of equipment shall produce a noise level exceeding
83 dBA at a distance of 25 feet from the source thereof. If the device or other
source is housed within a structure on the property, the measurement shall be made
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~ outside the structure, but at a distance as close to the equipment 6r_source as
(b) The noise level at any point odtside of the property plane of the project
shall not exceed 86 dBA.
Section 8-~..'_ Amplified Sound
(a) It shall be unlawfui ~or any person, other than personnel of law enforcement
or governmental agencies, to install, use or operate within the City'a loudspeaker
or sound amplifying equipment in a fixed or movable position or mounted~upon any sound
truck for the purpose of giving instructions, directions, talks, addresses, lectures, or
t~ansmitting music to any persons or assemblages of persons'in or upon any street~ ~y,
sidewalk, park,{o~-~'p~51~i~p.~o~t~7~f'~y-~ppen~space gener'at~y.~~~B%ic'
~i~f~f~fq~~'t~t~me~a~'ob~ai¢~i~g ~p~ro~-~f as~se~
(b) Every user of sound ~plifying equipment shall file a registration state-
ment'with the City Manager or such person as designated by him fifteen (1~) days prior
to the date on which the sound amplifying equipment is intended to be used, which state-
ment shall contain the following infomation:
1) The name, address and telephone n~ber of both the owner and user of
the sound equipment~ the date or dates proposed and the. hours of operation;
2) The maximum sound producing power of the sound ~plifying equipment
used;
3) The license ~nd motor n~ber if a sq~nd truck is to be used;
~ . ~e'dH~r.~e~uipme~t ~-l-~be ~Used_fOrlcommercial or non-eomm~rcial~Y
(c) The City Manager or such person as designated by him shall return to
the applicant an approved certified copy of the registration statement unless he
finds that: "'i' ·
1) The Condition of the motor vehicle movement are such that in.-thd
'Opinion of 'the City Manager~ such person as designated by him, use of' the. equipment-
would constitute a=detriment to traffic safety; or
2) The conditions of pedestrian movement are such that use of the
'equipment would constitute a detriment to traffic safety; or
3) The registration statement required reve'als that the applicant would
violate the provisions of this Ordinance. or any other Ordinance of the City of
Saratoga. ~
(d) In the event the registration statement is disapproved, the Cit~'Manager
or his appointee ~hall endorse upon,the statement his. reason for disapproval and return
it forthwith to applicant. ·
. (e) Prior to theissuance of the registra[i0n~statement, the applicant shall
deposit the sum of $50.00 wit~the City, wFich deposit shall De a non-refundable f~
except as follows: Such portion of said deposit, up to'the amount.of $45.00 there6f
by aid a tivity ~r otherwis~ e or ing this' rticle shall be etu ned t the
applicant at the expiration of said/~'~t.
(f) _The~p~qial and nonco~ercial use of s~und a~plifying equipment shall
be subject to the following r~tations; ........... 7
1) The only sounds petitted shall be either music or human speech or both
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2) Except on Sundays and.legal hol. idays, the operation of sound
amplifying equipment.shall only occu~ between the 'hours of 7:30 A.M. and 8:00 P~M.
On Sundays and legal holidays the operation of sound amplifyingequipmen~ for
commercial purpose~ .shall only occur between the hours of 9:00 A.M. and 4:00 P.M.,~V~
with no time limitation ~sto non-com~ercial"~plification other than as may beG
required by~sUbsectioh (~-5) following. '
3) SoUnd level emanating from sound amplifying equipment ~hall not
exceed fifteen (15) decibels abov~ theambient base noise level.
lI~.-I . .4) Notwithstanding the provisions of subsection (c) of this section,
sound amplifying equipment sh~ll not be operated within.200 feet ofl any church,'
school, or hospital~ .
7.(g) ~hen the amplified sound is' to be conducted in a public park, the
· provisions of Section 11-7 of this 'Code shall also be applicable, the noise.level
standards of said Section ll'7'having precedenCe Over the standards set forth in
subseCtion (f) above if a reservation permit has been issued pursuant to that
sec[i0n. ~piication for a group Use Permit under Section 11-6~1 of this Code shall
also constitute the registration statement required under this section.
Section 8-88 Exception Permits .
'~ If the applicant can show to t~e City Manager or hi~ designee that
{~ediate compliance'with the r~uiremen~s of this Chapter woulH be impractical or
unreasonable, a permit to allow exception from the provisions contained in all or
a portion'of this chapter may, be issued,-with appropriate conditions to minimize
.the public detriment caused by such exceptions. ~y such Dermit shall~jelo'f~aS-;-
sh0rk duration as possible and shall be conditioned by a schedule for compliance
and details of methods thereof in appropriate cases. ~y pers. on ag~ieved with the
decision of the City Manager o~ his designee may appeal to the City Council pursuant
to.appropriate sections of this code~; ~ich appeal shall be-a de novo ~earing.
Section 8-89 Certain NOises to be Public Nuisance
· . Based upon surveys and studies, the~City Council hereby fin~s and
determines that, unless coming'=within one or more o~ the'exceptions specified in'
this chapter, any noise level.in excess of the dBA Fimits specified in Sections
8-82, 8-83, and 8-85 hereof for the area~ 0r use therein ~specified, will cause'a
disturbance of the peace, quiet and comfort of the neighboring resident.s and/or will
cause discomfort or annoyance to a reasonable person of normal sensitiveness residi~
in the area.
Section 8'90 ~neral Noise Regulations
Notwithstanding any other provisions of this chapter, and in addition
thereto,~it shall be unlawful for any person to willfully make or continue or cause
to be made or continued, any loud, unnecessary, or unusual noise which disturbs the
peace or quiet of any neighborhood or ~ich causes discomfort ~r annoyance to any
reasonable'person of normal, sensitiveness residing inthe-area. -
The standards ~ich shal~ be considered in determining whether a violation
,of 'this section exists sh~ll include, but not be limited to',' the following:
,(a) The level of the noise; .'
(b) The intehsity of the noise;
(c) ~ether the nature of the noise is unUsUal; . ·
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(d) Whether the origin of the noise is natural or unnatura~
(e) The level and intensity of the background noise, if any;
(f) The proximity of the noise to residential sleeping facilities;
(g) The nature and zoning of the area within which ~he noise emanates;
(h) The density of the inhabitation of the area within which the noise
emanates;
(i) .The t'~ne Of the day or of the night noise occurs;
(j) The duration of ~he noise;
(k). Whether the noise is recurrent, intermittent, Or constant; and
(1) Whether the noise is produced by a commercial orLTnon-commercial
activity.
Section 8-91 Summary Abatement
In additionto the remedies prescribed in 1-7 ~f this code, any noise
levels and its source in violation of any of the provisions of this:article'is
' · hereby declared to be a public nuisance and may be sunm~arily abated by the Sheriff,
the Code Enforcement Officer., or other.designated representatives, which summary
abatement may include, but is not limited to, removal, partial dismantlement, and
takingsinto custody the source or cause of such noise, and in this regard the con~
fiscation of any machine or device used to violate any of the provisions hereof
is hereby authorized, to be held for use as evidence in any criminal p~oceeding
that may thereafter be brought for such Violation.
Section 3: If any section, subsection, sentence, clause or phrase of this ordinance
is fo~ any reason held by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity o~ the remaining portions of this
ordnance. The City Council of the City of Saratoga hereby declares that it ~uld
have passed this ordinance and each section, subsection, sentence, clause and phrase
t~ereof, irrespective of ~he fact that any one or more sections, subsections,
sentences, clauses or phrases be held invalid or unconstitutional.
Section 4: This ordinanc~ shall take e~fect and be in full force and effect
thirty (30) days a~er the date of its passage and adoption.
The above and foregoing ordina~ca was regularly introduced, and after the
waiting time required by law, was thereafter passed and adopted at a regular meeting
of the City Council of the City of Saratoga on the 1st day of November ,
19 72 , byethe following vote:
AYES: O~-nc~m~n Smiffi, D~Y'e~,~ddges,' Did~on and
NOES: Non~ . ,, , , . , ~ ~ ~ .
' '~ ~' ', ' CZTY G~ ' . ~epu~y City Clerk ,.DalC