Title 9 PEACE, SAFETY AND MORALS
Chapter 9.58 NOISE REGULATIONS
9.58.010 Purposes.
9.58.020 General noise regulations.
9.58.030 Burglar alarms.
9.58.040 Violation--Enforcement.
9.58.010 Purposes.
The board of supervisors declares and finds that excessive noise levels
are detrimental to the public health, welfare and safety and contrary to the
public interest as follows:
A. By interfering with sleep, communication,
relaxation and the full use of one’s property;
B. By contributing to
hearing impairment and a wide range of adverse physiological and psychological
stress conditions; and
C. By adversely affecting the value of real
property.
It is the intent of this chapter to protect persons from excessive
levels of noise within or near a residence, school, church, hospital or public
library. (Ord. 582 § 1(part), 2001).
9.58.020 General noise regulations.
A. Residence. It shall be unlawful for any person to make, continue, or
cause to be made or continued, any disturbing, excessive or offensive noise
which causes discomfort or annoyance to reasonable persons of normal sensitivity
residing in the area.
B. Schools, courts, churches, hospitals and libraries.
It shall be unlawful for any person to make, continue, or cause to be made or
continued any noise on any street, sidewalk, or place adjacent to any school,
institution of learning (except recreational areas of schools), church, court or
library, while the same are in use; or adjacent to a hospital, rest home, or
long-term medical or mental-care facility, which noise interferes with the
workings of such institution or which disturbs or annoys patients in the
hospital, rest home, or long-term medical or mental-care facility; provided,
conspicuous signs are displayed on such streets, sidewalks, or public places
indicating the presence of a school, institution of learning, church, court,
library, rest home or long-term medical or mental-care facility.
C. Engines
and Motor Vehicles. It shall be unlawful for any person to cause, permit or
allow any disturbing or raucous noises caused off streets or highways by racing
or accelerating the engine of any motor vehicle while moving or not moving, by
the willful backfiring of any engine and exhaust from the engine tailpipe or
muffler, or from the screeching of tires.
D. The characteristics and
conditions which should be considered in determining whether a violation of the
provisions of this section exists, include, but are not limited to, the
following:
1. The level of noise;
2. Whether the nature of the noise is
usual or unusual;
3. Whether the origin of the noise is natural or
unnatural;
4. The level of the background noise;
5. The proximity of the
noise to sleeping facilities;
6. The nature and zoning of the area within
which the noise emanates;
7. The density of the inhabitation of the area
within which the noise emanates;
8. The time of the day or night the noise
occurs;
9. The duration of the noise;
10. Whether the noise is
recurrent, intermittent, or constant; and
11. Whether the noise is produced
by agricultural, commercial or noncommercial activity.
12. The county of
Madera is a “right-to-farm” county.
E. Disturbing, Excessive or
Offensive Noises. The following acts, including but not limited to those stated,
are declared to be disturbing, excessive and offensive noises in violation of
this section:
1. The use of horns, signaling devices, and like equipment
associated with the use or operation of automobiles, motorcycles, or any other
vehicle in such a manner as to disturb the peace, quiet and comfort of persons
of normal sensitivity.
2. Radios, Television Sets, Musical Instruments, and
Similar Devices.
a. Uses Restricted. The use, operation or permitting to be
played, used or operated, of any television set, radio, musical instrument or
other device for amplification, production or reproduction of sound in such a
manner as to disturb the peace, quiet, and comfort of neighboring residents or
persons of normal sensitivity in the area;
b. Prima Facie Violations. The
operation of any device for the amplification, production or reproduction of
sound in such a manner that the sound is plainly audible at a distance of fifty
feet from the source or the building structure, or vehicle in which it is
located, shall be prima facie evidence of a violation of this section. (Ord.
582 § 1(part), 2001).
9.58.030 Burglar alarms.
Any building or motor vehicle burglar alarm shall have an automatic
shutoff of the audible alarm which shall terminate its operation within fifteen
minutes of the time it is activated.
An owner of a building or of a motor
vehicle shall be prohibited from operating a burglar alarm therein which has an
audible alarm for more than fifteen minutes of the time it is activated. (Ord.
582 § 1(part), 2001).
9.58.040 Violation--Enforcement.
The violation of any of the provisions of this chapter shall be an
infraction punishable as provided in Section 1.12.020 of this code. The
provisions of this chapter may also be enforced by an injunction issued from the
superior court of the county. Any violation of the provisions of this chapter
shall be deemed to be a public nuisance. (Ord. 582 § 1(part),
2001).
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