Excessive sound and vibration are a serious hazard to the public health and welfare, safety, and the quality of life. The people of Placer County have a right to and should be ensured an environment free from unnecessary, offensive and excessive sound and vibration that may jeopardize their health or welfare or safety or degrade the quality of life.

Therefore, it is declared to be the policy of Placer County in its exercise of the police power to prohibit unnecessary, excessive and offensive sounds.  At certain levels, such sounds become noise and are detrimental to the health and welfare of the citizenry and, in the public interest, are hereby systematically proscribed.  This chapter is intended to work in concert with and supplement Penal Code §370 (Public Nuisances) and §415 (Disturbing the peace) and to establish local community standards for noise regulation.

The following words, phrases and terms as used in this chapter shall have the following meanings:

"Acoustic Specialist" means a person or persons trained in acoustic sampling, qualified to measure sound levels consistent with criteria contained within this noise ordinance.

"Ambient sound level" means the composite of normal or existing sound from all sources measured at a given location for a specified time of the day or night.  The ambient sound level shall be measured with a sound level meter, using slow response and "A" weighting. The ambient sound level shall be determined with the sound source at issue silent.

"Approving Authority," means the designated body or persons authorized to grant approval or deny a discretionary permit or an exception to this chapter.

"A-Weighting," means the standard A-weighted frequency response of a sound level meter, which de-emphasizes low and high frequencies of sound in a manner similar to the human ear for moderate sounds.  

"C-Weighting" means the standard C-weighted frequency response of a sound level meter, which de-emphasizes high frequencies of sound in a manner similar to the human ear for relatively loud sounds.

"Decibel" means a unit for measuring the relative amplitude of sound equal approximately to the smallest difference normally detectable by the human ear, whose range includes approximately one hundred thirty decibels on a scale beginning with zero decibels for the faintest detectable sound.  The sound pressure associated with zero decibels is 20 micropascals.

"Discretionary Permit" means a permit issued by the County other than ministerial permits, including but not limited to Conditional Use Permits, Tentative Subdivision Maps, Design Review Permits and Administrative Permits.

"Enforcement officer" means the Placer County sheriff, the planning director, and/or the health officer and the employee(s) designated by the sheriff, the planning director, and/or the health officer as code enforcement officer(s) to enforce the provisions of this article.

"Equivalent Hourly Sound Level (L eq)" means the sound level corresponding to a steady state A weighted sound level containing the same total energy as the actual time-varying sound level over a one-hour period.

"Fixed sound source" means a device or machine which creates sounds while fixed or stationary, including but not limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment also includes motor vehicles operated on private property.

"Impulsive sound" means a single noise event or series of single noise events, which result in a high peak sound level of short duration (less than 1 second). Examples include, but are not limited to guns shots, blasting, or hammering.

"Intruding sound level" means the sound level created, caused, maintained or originating from an alleged offensive source, measured in decibels, at a specified location while the alleged offensive source is in operation.

"Maximum Sound Level (Lmax)" means the maximum noise level measured on a sound level meter.

"Motor vehicle" means any vehicle that is propelled by other than human or animal power on land.

"One-Third Octave Band" means a band of frequencies, in hertz (Hz), which is one third of an octave wide. The center frequencies of one-third-octave bands increase by a factor of 1.26 (cube root of 2). Examples of one-third octave band center frequencies in the range of audible sound include 20, 25, 31.5, 40 and 63 hertz. Describing sound pressure levels in one-third octave bands provides information as to the tone or pitch, of noise (low frequency versus high frequency), as well as the amplitude of the sound.

"Pleasure motor boat" means any boat which is powered by an in-board, out-board or in-board/out-board motor and is used for recreational purposes, including boats that are or may be used commercially to support recreational use. This includes, but is not limited to, commercial fishing and sightseeing. A vessel competing in a regatta, boat race, or trial runs pursuant to the terms of a duly authorized government permit shall not be considered a "pleasure motor boat" for purposes of this Chapter.

"Property line or plane" means a vertical plane including the property line that determines the property boundaries in space.

"Public property" means any property owned by a public agency and held open to the public, including but not limited to parks, streets, sidewalks, and alleys.

"Residential property" means a parcel of real property that is zoned for residential use.

"School" means institutions conducting regular academic instruction at preschool, kindergarten, elementary, secondary or collegiate levels.

"Sensitive Receptor" means a land use in which there is a reasonable degree of sensitivity to noise. Such uses include single-family and multi-family residential uses, frequently used outbuildings, schools, hospitals, churches, rest homes, cemeteries, public libraries and other sensitive uses as determined by the enforcement officer.

"Simple tone noise" means any sound that is distinctly audible as a single pitch (frequency) or set of pitches. Includes sound consisting of speech and music.

"Sound level" means the sound pressure level in decibels as measured with a sound level meter using the A-weighting and C weighting networks or one-third-octave band frequency. The unit of measurement is referred to herein as dBA, dBC or one-third octave band.

"Sound level meter" means an instrument meeting American National Standard Institute Standard S1.4A-1985 for Type I or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment that will provide equivalent data.

A. Sound or noise emanating from the following sources and activities are exempt from the provisions of this title:

1. Sound sources typically associated with residential uses (e.g., children at play, air conditioners in good working order, etc.)

2. Sound sources associated with property maintenance (e.g., lawn mowers, edgers, snow blowers, blowers, pool pumps, power tools, etc.) provided such activities take place between the hours of seven a.m. and nine p.m.

3. Safety, warning and alarm devices, including house and car alarms, and other warning devices that are designed to protect the health, safety and welfare, provided such devices are not negligently maintained or operated.

4. The normal operation of public and private schools typically consisting of classes and other school-sponsored activities.

5. Maintenance (e.g., lawn mowers, edgers, aerators, blowers, etc.) of golf courses, provided such activities take place between the hours of five a.m. and nine p.m. May through September, and seven a.m. and six p.m. October through April.

6. Emergencies, involving the execution of the duties of duly authorized governmental personnel and others providing emergency response to the general public, including but not limited to sworn peace officers, emergency personnel, utility personnel, and the operation of emergency response vehicles and equipment.

7. Construction (e.g., construction, alteration or repair activities) between the hours of six a.m. and eight p.m. Monday through Friday, and between the hours of eight a.m. and eight p.m. Saturday and Sunday. Provided, however, that all construction equipment shall be fitted with factory installed muffling devices and that all construction equipment shall be maintained in good working order.

8. Infrequent repair, rebuilding, reconstruction or dismantling of any motor vehicle between the hours of 8:00 a.m. and 8:00 p.m.

9. Sound sources associated with agricultural operations on agricultural land, as defined by Placer County Code Chapter 5, Article 5.24.040, which are carried out in any manner consistent with the practice and within the standards of the agricultural industry. This includes without limitation all mechanical devices, apparatus or equipment utilized for the protection or salvage of agricultural crops during periods of adverse weather conditions or when the use of mobile sources is necessary for pest control.

10. Sound sources associated with existing legal non-conforming and/or existing permitted commercial, industrial or non-profit operations, which do not significantly change in existing on-site activities, or result in a change in the number of days or daily hours of operation.

11. Gunfire occurring while hunting consistent with all state laws on private property shall be allowed. Gunfire occurring during target practice shall only be allowed between the hours of 9:00 am and dusk and shall not exceed 2 hours within a 24-hour period.

12. Animal noise (These noises are handled elsewhere in the Code.)

13. Any vehicle, otherwise compliant with state law, being operated upon any public highway, street or right-of-way or driveway for the purpose of exiting or entering property. This exception does not include any amplified sound emanating from the vehicle, vehicle alarms or horn-honking.

A. Compliance with this chapter shall be determined using methodology described in this section.  Sound measurement, except as otherwise provided in this chapter, shall be made with a sound level meter using the A-weighting network at slow meter response, except that fast meter response shall be used for impulsive type sounds.

B. Calibration of the measurement equipment utilizing an acoustical calibrator meeting American National Standards Institute (ANSI) Type 1 or Type 2 standard shall be performed immediately prior to recording any sound data.  Calibration equipment shall be certified annually.

C. Exterior sound levels shall be measured at the property line or at any location within the property of the affected sensitive receptor.  Sound measurements shall be taken in such a manner and location so that it can be determined whether sound level standards are exceeded at the property line.  Where practical, the microphone of the sound level metershall be positioned three to five feet above the ground and away from reflective surfaces.  The actual location of the sound measurements shall be at the discretion of the enforcement officer.

It is unlawful for any person to refuse to cooperate with or to obstruct any governmental agent, officer or employee in determining the ambient sound level of a sound source. Such cooperation shall include, but is not limited to, the shutting off or quieting of any sound source so that an ambient sound level can be measured.

A. It is unlawful for any person at any location to create any sound, or to allow the creation of any sound, on property owned, leased, occupied or otherwise controlled by such person that:

1. Causes the exterior sound level when measured at the property line of any affected sensitive receptor to exceed the ambient sound level by five (5) dBA or

2. Exceeds the sound level standards as set forth in Table 1, whichever is the greater.

1. This ordinance is consistent with the State of Nevada Board of Wildlife Commissioners amended NAC 488.460 Adopted Regulation R116-00, which establishes noise level criteria for motorboats, and El Dorado County Code, Chapter 9.17, both of which are currently enforced on Lake Tahoe
2. The measurement shall be conducted only by an enforcement officer or by persons qualified by training to perform these measurements, acting in the presence of an enforcement officer. Operating manuals or other literature provided by the sound level meter manufacturer should be consulted for both recommended operation of the instrument, and precautions to be observed. A field calibration of the sound level meter shall be performed immediately before and after each test sequence.
3. Pleasure motor boat engines manufactured before January 1, 2002 shall not exceed a sound level of 90 dBA Leq as measured adjacent to the exhaust outlets by a sound level meter utilizing a water-based measurement testing procedure consistent with the Society of Automotive Engineers (SAE) International Marine Technical Committee testing procedures SAE J2005 and SAE J1970 or successor procedures which are recognized by the American National Standards Institute. Pleasure motor boat engines manufactured on or after January 1, 2002 shall not exceed a level of 88 dBA Leq as measured adjacent to the exhaust outlets by a sound level meter utilizing a testing procedure consistent with the Society of Automotive Engineers (SAE) International Marine Technical Committee testing procedures SAE J2005 and SAE J1970 or successor procedures which are recognized by the American National Standards Institute. Specific testing procedures shall be as prescribed by duly adopted policies and procedures of the environmental health department.
4. Sound limits and measurements.

b. Measurement of a sound level that meets the criterion set in subdivision A does not

preclude the conducting of a test of sound level to determine compliance with section 3,

above.

A. An exception may be requested from any provision of this chapter.  Requests for exceptions shall be made on forms provided by the County. Notice of the request for exception must be given to all the surrounding properties that would be impacted by the exception, i.e, those properties that would experience a noise level at their property line that exceeds Table 1 of this ordinance.

B. If the applicant can show to the County that a diligent investigation of available sound suppression techniques for construction-related noise indicates that immediate compliance with the requirements of this chapter would be impractical or unreasonable, due to the temporary nature or short duration of the exception, a permit to allow exception from the provisions contained in all or a portion of this chapter may be issued.  Factors that the approving authority must consider for construction related exceptions shall include but not be limited to the following:

1. Conformance with the intent of this chapter;

2. Uses of property and existence of sensitive receptors within the area affected by sound;

3. Factors related to initiating and completing all remedial work;

4. The time of the day or night the exception will occur;

5. The duration of the exception; and

6. The general public interest, welfare and safety.

C. If the applicant can show to the County that the characteristics of a special event indicate that immediate compliance with the requirements of this chapter would be impractical due to the type of event or unreasonable due to its temporary nature or short duration, a permit allowing an exception from the provisions of this chapter may be issued.  Factors considered for special events related exceptions shall include but not be limited to the following:

1. Conformance with the intent of this chapter;

2. Uses of property and existence of sensitive receptors within the area affected by sound;

3. Hardship to the applicant, or community of not granting the exception;

4. The time of the day or night the exception will occur;

5. The duration of the exception; and

6. The general public interest, welfare and safety.

D. If the applicant can show to the County, or his or her designee that immediate compliance with the requirements of this chapter would not result in a hazardous condition or nuisance, and strict compliance would be unreasonable due to the circumstances of the requested exception, a permit to allow exception from the provisions contained in all or a portion of this chapter may be issued.  Factors considered for all requests for exceptions, other than construction or special events, shall include but not be limited to the following:

1. Conformance with the intent of this chapter and General Plan Policies;

2. Uses of property and existence of sensitive receptors within the area affected by sound;

3. Factors related to initiating and completing all remedial work;

4. Age and useful life of the existing sound source;

5. Hardship to the applicant, or community of not granting the exception;

6. The time of the day or night the exception will occur;

7. The duration of the exception; and

8. The general public interest, welfare and safety.

E. Within thirty (30) days of receipt of the application, the County shall either (1) approve or conditionally approve such request in whole or in part, (2) deny the request, or (3) refer the request directly to the Board of Supervisors for action at the next available Board meeting. In the event the exception is approved, reasonable conditions may be imposed which minimize the public detriment and may include restrictions on sound level, sound duration and operating hours, an approved method of achieving compliance and a time schedule for its implementation.

F. Where a request for exception is associated with a discretionary permit, the exception shall be processed concurrently with the discretionary permit.  The approving authority for the discretionary permit shall also be the approving authority for the exception.  Factors that the approving authority must consider for requests for exception shall be those factors identified above, depending upon the type of exception requested.  The approving authority for an exception processed with a discretionary permit shall either (1) approve or conditionally approve such request in whole or in part, or  (2) deny the request.

G. Where an Approving Authority has approved an exception and complaints are received related to the exception the approving body has the authority to take action, as he or she deems necessary to reduce the sound impacts including modification or revocation of the exception.

H. Any person aggrieved by the decision of the approving authority may appeal to the Board of Supervisors by filing written notice of appeal with the Board Clerk within ten (10) days of the decision.  The Board of Supervisor’s decision shall be final and shall be based upon the considerations set forth in this section.

A. Violations

Violations of this chapter shall be infractions.  Each day any such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

1. Cost for enforcement

The total cost for enforcement of a second or subsequent violations shall constitute a special security assignment over and above the services normally provided and shall be charged against the responsible party.  The County may collect any such costs for enforcement and costs of collection by use of all available legal means.

C. Nonexclusive remedy

1. Notwithstanding the provisions of this chapter, the County shall not be prevented from taking any other civil or criminal action to abate any violation of this chapter.

2. For the purposes of this chapter the person charged may be any person or persons in charge of the premises and any person or persons responsible for an activity or event resulting in unlawful noise levels (Responsible party).

The Enforcement Officer may employ the provisions of this section to secure compliance with this article. This section provides for administrative citations and fines which are in addition to all other legal remedies, criminal or civil, which may be pursued by the County. The use of this section shall be at the sole discretion of the Enforcement Officer.