Ordinance 1022ORDINANCE N0. 1022
AN 0 • CE OF THE CITY OF CUPERTINO ~ING
CHAPTER 10.48 TO THE CUPERTINO MUNICIPAL CODE
TO BE ENTITLED "COMMUNITY NOISE CONTROL"
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1: AMENDMENT
Section 1.1: Title 10 of the Cupertino Municipal Code hereby is amended
by adding thereto a new chapter entitled "Community Noise Control", to be num-
bered Chapter 10.48, and to read as set forth in the following pages.
SECTION 2: REPEALING CLAUSE
Section 2.1: All ordinances heretofore enacted in conflict with this
Ordinance No. 1022 are hereby repealed to the extent that they would vazp the
provisions of this ordinance.
Section 2.2: Ordinance No. 812, paragraph 115.1(a) and Appendix A of
Ordinance No. 220(k), Chapter 8.05 and Chapter 10.45 are hereby repealed as of
the effective date of this Ordinance No. 1022.
SECTION 3: FINDINGS
Section 3.1: Excessive and disturbing noise is a serious hazard to indi-
vidual and public health and welfare, and degrades the quality of life in the
community. There are technological and procedural methods whereby noise may be
substantially abated. Citizens of Cupertino have a right to an environment free
°rnm excessive, repeated and frequent noise incidents.
SECTION 4: PURPOSE
Section 4.1: It is the purpose of this ordinance to prevent excessive and
frequent noise disturbances within the Citq of Cupertino, and exercise reasonable
controls on activities which may otherwise jeopardize the health, welfare, and
enjoyment of its citizens, or degrade the quality of the community environment.
SECTION 5: F.NVIRONMFNTAL ASSESSMENT '
Section 5.1: The adoption of this ordinance constitutes a Class 8 project
{fictions by Regulatory Agencies for Protection of the Environment) which is cate-
gorically exempt from the provisions of the Environmental duality Act of 1470
and the requirement for the preparation of environmental documents.
SECTION 6: SEVERABILITY CLAUSE
Section 6.1: If any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be unconstitutional, such decision shall
not affect the validity of the remaining portions of this Ordinance. The legisla-
tive body hereby declares that it would have passed this Ordinance and each
section, subsection, sentence, clause or phrase thereof, irrespective of the
fact that env one or more sections, sentences, clauses or phrases be declared
unconstitutional.
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SECTION 7: PUBLISl1ING CLAUSE
Section 7.1: The City Clerk is hereby authorized and directed to cause
a certified copy of this Ordinance to be published at least once within fifteen
(15) days after its enactment in the Cupertino Courier, the official newspaper
of the City, published and circulated in the City of Cupertino.
INTRODllCED at a regular meeting of the City Council of the City of Cupertino,
on the lhtl~_day of _t,,,,,, 19~~, and ENACTED at a regular meeting of the
City Council of the City of Cupertino this 7th day of .t„i~ , 19~~, by the
following vote:
Vote Members of the City Council
AYES: Gatto, Plungy, Sparks, Rogers
NOES: None
ARSENT: None
ABSTAIN: None
ATTEST:
`~ ~ ~
APPROVED:
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a or Cit of Cu•ert
Y s Y P ~P
City Cler
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. CHAPTER 10.48
COPASUNITY NOISE CONTROL
Sections:
10.48.010
10.48.011
10.48.012
10.48.013
10.48.014
10.48.020
10.48.021
10.48.022
10.48.023
10.48.030
10.48.031
10.48.032
10.48.040
10.48.050
10.48.051
10.48.052
10.48.053
10.48.054
10.48.055
10.48.056
10.48.057
10.48.060
10.48.061
10.48.062
10.48.063
Article I. GENERAL PROVISIONS
Definitions
Notice of Violation
Penalties
Multiple Section Application
Other Remedies
Article II. ADMINISTRATION
Leed Agency/Official
Powers of the Noise Control Officer
Duties of the Noise Control Officer
Duties b Responsibilities of Other Departments
Article III. E%CEPTIONS s EXCEPTION PROCEDURES
Emergency Exception
Special Exceptions
Appeals
Article IV. GENERAL NOISF. STANDARDS
Daytime b Nighttime Maximum Noise Levels
Article V. ERCEPTIONS TO GENERAL NOISE STANDARDS
Brief Daytime Incidents
Rome Maintenance Activities
Outdoor Public Events
Grading, Construction 6 Demolition
Interior Noise in Multiple-Family Dwellings
Motor Vehicle Idling
Noise from Registered Motor Vehicles
Noise from Off-Road Recreational Vehicles
Article VI. PROHIBITED ACTS
Noise Disturbances
Animals and Birds
Nighttime Deliveries and Pickups
Vehicle or Motorboat Repairs and Testing
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~TICLE I. GENERAL PROVISIONS
Section 10.48.010: Definitions: For purposes of this ordinance:
"Commercial Area" means Commercially-zoned property as defined in the
community Zoning Ordinance.
"Construction" means say site preparation, grading, assembly, erection,
repair, substantial alteration, or similar action; of public or private property,
rights~f-way, structures, utilities or similar property, but excluding demolition.
"Daytime" means the period from 7 a.m. to 8 p.m. on weekdays, and the period
from 8 a.m. to 8 p.m. on weekends and holidays.
"Decibel (dB)" means a unit for measuriag relative sound pressure, logrith-
mically referenced to a pressure of 20 micronewtons per square meter.
"Demolition" means any dismantling, intentional destruction or removal of
structures, utilities, public or private right-of-way surfaces, or similar property.
"Emergency" means any occurrence or set of circumstances involving actual
or imminent physical danger, crisis, trauma or property damage sohich demands
immediate action.
"Ewer enc Work" means any work performed for the purpose of preventing or
alleviating the p ysical danger, trauma, or property damage threatened or caused
by an emergency, or restoration of conditions and property to their status prior
to the emergency.
"Holiday" means the following days: New Year's Day, Memorial Day, Indepen-
dence Day, Labor Day, Thanksgiving Day, Christmas Day.
"Industrial Area" means Industrially-zone property as defined in the commun-
ity Zoning Ordinance.
"Nighttime" means periods of week days from 8 p.m. to 12 midnight, and
from midnight to 7 a.m., and periods on weekends and holidays from 8 p.m. to
midnight and from midnight to 8 a.m.
"Multiple-Family Dwellinst Unit" means a residential structure containing
separate living quarters for two or more families, each unit with similar and
common access to tha outside.
"Muffler" means a device for reducing or dissipating the sound of escaping
gases, or other types of noise, from a mechanical device or engine.
"Noise" means any sound which annoys or disturbs humans or whlch causes
or tends to cause an adverse psychological or physiological effect on humans.
"Noise Control Officer (NCO)" means the municipal agency, department or
individual having lead responsibilitq for implementation and enforcement of this
ordinance, as designated by the City Manager and approved by the City Council.
"Noise Level" means the same as sound level.
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"Noise Disturbance" means any sound which (a) endangers or injures the
safety or health of humans or animals, or (b) annoys or disturbs a reasonable
person of normal sensitivities, or (c) endangers or damages personal or real
property.
"Yon-Residential Area" means land zoned for other than residential uses,
such as Ccmmercial, Professional Office, Industrial or Public. as defined in the
Zoning Ordinance, but not including public rights-of-way.
"Person" means say individual, association, partnership, corporation, or
public agency, and includes any associated officer, employee or department.
"Property Boundary" means an imaginary line along the ground surface, and
its vertical extension, which separates the real property owned by one person
from that owned by another person.
"Public Right-of-Way" means any street, avenue, boulevard, highway, parkway,
alley or similar place which is owned or controlled by a governmental entity.
"Public Area" means any property or structures thereon which are owned,
utilized, or controlled by a governmental entity.
"Residential Area" means residentially-zoned land as defined in the community
Zoning Ordinance.
"Sound" means a rapid variation in air pressure, which, because of its
magnitude and frequency, can be heard by a human with average hearing ability.
"Sound Level" means the maximum continuous or repeated peak value measured
by the use of a sound level meter and the "A" weighting network, as specified in
American National Standards Institute specifications for sound level meters
(ANSI 51.4 - 1971, or the latest revision). The reading obtained in decibels
is designated dBA. If the meter response characteristic is not indicated, "SLOW"
response shall be used.
"Sound Level Meter" means an instrument which includes a microphone, amplifier,
RMS detector, integrator or time averager, output meter, and weighting networks
used to measure sound levels, and meets American National Standards Institute
specification S1.4 - 1971, or latest revision, for Type 1, Type 2 or Type 2A
operation.
"'~TP_ekday" means any day, Monday through Friday, which is not a holiday.
"Weekend" means Saturdays and Sundays which are not holidays.
Section 10.48.011: Notice of Violation: Except in the case where there is
clear evidence that a person is acting in good faith and with all deliberate
speed to comply with provisions of this ordinance after a verbal or written warn-
ing of a violation, the continuing violation shall be cause for either a citation,
complaint, or an abatement order to be issued by the Noise Control Officer, or
other responsible official.
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Section 10.48.01 • ?enalties: •
(a) Any person who violates say provision of this ordinance shall
be fined for each offense according to the schedule filed with
the appropriate court.
(b) Each day of violation of any provision of this ordinance shall
constitute a separate offense.
Section 10.48.013: Multiple Section Application: In the event that more
than one section of this ordinance apply generally and simultaneously to a given
noise source or incident, the least restrictive regulation shall be in effect,
and the most restrictive limit shall not be invoked, except as sources and in-
cidents are specifically identified in the most restrictive. limit which is
applicable.
Section 10.48.014: Other Remedies: No provision of this ordinance shall
be construed to impair any common law or statutory cause of action, or legal
remedy therefrom, of any person for injury or damage arising from any violation
of this ordinance or from other law.
ARTICLE II. ADMINISTRATION
Section 10.48.020: Lead Agency/Official: The noise control program
established by this ordinance shall be administered by and the responsibility
of, the Noise Control Officer.
Section 10.48.021: Powers of the noise Control Officer: In order to
implement and enforce this ordinance and for the general purpose of noise abate-
ment and control, the NCO shall have, in addition to any other vested authority,
the power to:
(1) Review of Public and Private Projects
Review public and private projects, subject to mandatory
review or approval by other departments, for compliance
with this ordinance, if such projects are likely to cause
noise in violation of this ordinance.
(2) Inspections
Upon presentation of proper credentials and with permission
of the property owner or occupant, enter and investigate a
potential ordinance violation on any property or place, and
inspect any report or records at any reasonable time. If
permission is refused or cannot be obtained, a search warrant
may be obtained from a court of competent jurisdiction upon
showing of probable cause to believe that a violation of this
ordinance may exist. Such inspection may include administra-
tion of any necessary tests.
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Section 10.48.022 ties of the Noise Control Of~er: In order to
implement and enforce this ordinance effectively, the NCO shall within a reason-
able time after the effective date of the ordinance:
(1) Guidelines, Testing Hethods, and Procedures
Develop and promulgate guidelines, testing methods and pro-
cedures as required.
Any noise measurement procedure used in~enforcement of this
ordinaaca which tends to underestimate the actual noise level
of the source being measured shall not invalidate the enforce-
ment action.
(2) Investigate and Pursue Violations
Ia consonance with provisions of this ordinance, investigate
and pursue possible violations.
(3) Delegation of Authority
Delegate functions, where appropriate under this ordinance,
to other personnel and to other departments, subject to approval
of the City Manager.
Section 10.48.023: Duties and Responsibilities of Other Departments:
(1) pepartmental Actions:
All City departments shall, to the fullest extent consistent
with other law, carrq out their programs in such a manner as
to further the policy and intent of this ordinance.
(2) Project Approval
All departments whose duty it is to review and approve new
projects, or changes to existing projects, that may result
in the production of disturbing noise, shall consult with the
NCO prior to any such approval.
(3) Contracts
Any written contract,,agreemeat, purchase order, or other
instrument whereby the City is committed to the expenditure
of SS,000 or more in return for goods or services, and which
involves noise-producing activities, shall contain provisions
requiring compliance with this ordinance.
ARTICLE III. EXCEPTIONS
Section 10.48.030: Emergency Exception: The provisions of this ordinance
shall not apply to (a) the emission of sound for the purpose of alerting persons
to the existence of an emergency, or (b) the emission of sound in the performance
of emergency work.
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Section 1~ 48 031: Special Exceptions:
(a) The NCO shall have the authority, consistent with this section,
to grant special exceptions which may be requested.
(b) Any person seeking a special exception pursuant to this section
shall file an application with the NCO. The application shall
contain information which demonstrates that bringing the source
of sound, or activity for which the special exception is sought,
into compliance with this ordinance would constitute an unrea-
sonable hardship on the applicant, on the community, or on other
persons. Prior to issuance of an exception, the NCO shall notify
owners and/or occupants of nearby properties which may be affected
by such exceptions. Any individual who claims to be adversely
affected by allowance of the special exceptions may file a statement
with the NCO containing say information to support his claim. If
the NCO finds that a sufficient controversy exists regarding an
application, a public hearing may be held.
(c) In determining whether to grant or deny the application, the NCO
shall balance the hardship to the applicant, the community. and
other persons of not granting the special exception against the
adverse impact on the health, safety, and welfare of persons
affected, the adverse impact on property affected, and any other
adverse impacts of granting the special exception. Applicants for
special exceptions and persons contesting special exceptions may be
required to submit any information the NCO may reasonably require.
In granting or denying an application, the NCO shall place on
public file a copy of the decision and the reasons for denying
or granting the special exception.
(d) Special exceptions shall be granted by notice to the applicant
containing all necessary conditions, including a time limit
on the permitted activity. The special exception shall not become
effective until all conditions are agreed to by the applicant.
Noncompliance with any condition of the special exception shall
terminate it and subject the person holding it to those provi-
sions of this ordinance regulating the source of sound or activity
for which the special exception was granted.
(e) Application for extension of time limits specified in special
exceptions or for modification of other substantial conditions
shall be treated like applications for initial special exceptions
under subsection (b).
Section 10.48.032: Appeals: Appeals of any decision of the NCO shall be
made to the City Council.
ARTICLE IV. GE:7ERAL NOISE STANDARDS
Section 10.48.040: Da time S NS httime Jtaximum Noise Levels: Individual
noise sources, or the combination of a group of noise sources located on the
same property, shall not produce a noise level exceeding those specified on
property zoned as follows, unless specifically provided in anot',:r section of
this ordinance:
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Land Uae at Location
of Complaint
Residential
Maximum Noise Level
on Receiving Property
'tighttime Daytime
50 d8A 60 dBA
Non-Residential 55 dBA 65 d8A
ARTICLE V. EXCEPTIONS TO GENERAL NOISE STANDARDS
Section 10.48.050: Brief Daytime Incidents:
(1) During the daytime period only, brief noise incidents exceeding
limits in other sections of this ordinance are allowed, provid-
ing that the sum of the noise duration in minutes plus the excess
noise level does not exceed 20 in a two-hour period. For example,
the following combinations would he allowable:
Noise Increment Above Noise Duration in
Normal Standard 2-Hour Period
5 dBA 15 minutes
10 " 10 "
15 " 5 "
19 1 "
(2) For multi-family dwelling interior noise, Section 10.48.054,.
the sum of excess noise level and duration in minutes of a
brief daytime incident shall not exceed ten in .any two-hour
period, measured at the receiving location.
(3) Section 10.48.050(1) does sot apply to Section 10.48.055
(Rotor Vehicle Idling).
Section 10.48.051: Home Maintenance Activities: Daytime use of motorized
equipment for home and Bard maintenance activities is exempted from the limits
of Section 10.48.040, provided that reasonable efforts are made by the user to
minimize the disturbance to nearby residents by, for example, installation of
appropriate mufflers or noise baffles, running equipment only the minimal period
necessary, and locating equipment so as to generate minimum noise levels on
adjoining properties.
Section 10.48.052: Outdoor Public Events:
(1) Outdoor events open to the general public on non-residential
property, such as parades, rallies, fairs, concerts, and
special sales and promotional events, involving generation of
noise levels higher than would normally occur, by use of the
human voice, public address systems, musical instruments,
electronic amplification systems, and similar sound-producing
activities, are allowed upon obtaining an appropriate permit
from the City, and subject to the following general limitations:
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(a) The ev~ shall not produce noise leve~above
70 dBA on any residential property for a period
longer than 3 hours during daytime.
(b) The event shall not produce noise levels above
60 dBA on any residential property during the
period from 8 p.m. to 11 p.m., and above 55 dBA
for any other nighttime period.
(c) Continuous or repeated peak noise levels above
95 dBA shall not be produced at any location
where persona may be continuously exposed.
(2) Tha conditions imposed upon the event or activity in the
permit issued by the City, regarding maximum noise level,
location of noise sources, or duration of activity, for
example, may be more limiting than this ordinance section,
to protect certain individuals, areas or nearby activities
which would otherwise be disturbed, and these permit condi-
tions, when in conflict with this section or ordinance, are
overriding.
Section 10.48.053: Grading Construction and Demolition:
(1) Grading, construction, and demolition activities shall be
allowed to exceed the noise limits of Section 10.48.040 during
daytime hours, provided that the equipment utilized has
high-quality noise muffler and abatement devices installed
sad in good condition, and the activity meets one of the
following two criteria:
(a) No individual device produces a noise level
more than 87 dBA at a distance of 25 feet
(7.5 meters).
OR
(b) The noise level on any nearby property does
not exceed 80 dBA.
(2) It is a violation of this ordinance to engage in any grading,
street construction, or underground utility work within 750 ft.
of a residential area on Saturdays, Sundays, and holidays, and
during the nighttime period, except as provided in Section
10.48.030 (Emergency Exception).
(3) Grading, construction, or demolition occurring during nighttime
periods shall not be allowed unless they meet the nighttime
standards of Section 10.48.040.
Section 10 48 054• Interior .loise in `tultiple-Family Dwellings: Aioiae
produced in any multiple-family dwelling unit shall not produce a naise level
exceeding 45 dBA five feet from any wall in any adjoining unit during the period
between 7 a.m. and 10 p.m., or exceeding 40 dSA during hours from 10 p.m. to
7 a.m. the following day.
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Section 10.48.055: :ltor Vehicle Idling: ;totor vehicles, including
automobiles, trucks, motorcycles, motor scooters, and trailers or other equip-
ment towed by a motor vehicle, shall not be allowed to remain in one location
with the engine or auxiliary motors running for more than 3 minutes in any hour,
in an area other than on a public right-of-way, unless:
(1) the regular noise limits of Section 10.48 A40 are met
while the engine and/or auxiliary moto~a are running,
OR
(2) the vehicle is in use for provision of police, fire,
medical or other emergency services.
Section 10.48.056: Noise from ReRiatered `totor Vehicles:
(1) It is a violation of this ordinance to own or operate
a motor vehicle, including automobiles, trucks, motor-
cycles and other similar devices of a type subject to registration, ae defined t
California Vehicle Code, which has a faulty, defective,
deteriorated, modified, replaced, or na exhaust and/or
muffler system, and which produces an excessive and
disturbing noise level, as defined in California Vehicle
Code Sections 27150 and 27151.
(2) The Stationary Vehicle Test Procedure, as adapted by the
California Highway Patrol, may be utilized as prima facie
evidence of violation of this section.
Section 10.48.057: noise from Off-Road Recreational Vehicles: It is a
violation of this noise ordinance to own or operate:
(1) Any off-road recreational vehicle, including all-terrain
vehicles, dirt bikes, dune buggies, and other similar
devices, as defined in Division 16.5 of the California Vehicle Code, which
has a :a~:lty, defective, deteriorated, modified, replaced,
or no exhaust and/or muffler system, and which produces an
excessive and disturbing noise level, as specified in California
Vehicle Code Section 38365.
(2) Any off-road recreational vehicle producing a noise level:
(a) exceeding 98 dBA within 20 inches of any component
at an intermediate engine speed of 2000-4000
revolutions per minute in a stationary position,
OR
(b) exceeding 80 dBA under any condition of acceleration speed,
grade. and load at a distance of 5Q ft. At greater or lesser
measurement distances, the maximum noise level changes by 4 dB
for each doubling or halving of distance. The sound level meter
shall be set for FAST response for [his measurement.
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ARTICLE VI. PROHIBITED ACTS
Section 10.48.060: Noise Disturbances: No person shall unreasonably
make, continue, or cause to be made or continued, any noise disturbance as
defined in Section 10.48.010.
Section 10.48.061: Animals and Birds: It is unlawful and a nuisance
for any person to keep, maintain or permit upon 'any lot or parcel of land
within the City under his control any animal, including any fowl, which by
any sound or cry shall habitually disturb the peace and comfort of any person
in the reasonable and comfortable enjoyment of life or property. (Ord. 612,
1973).
Section 10 48 062• Nighttime Deliveries b Pickups: It shall be unlawful
and a nuisance for any person to make, or allow, vehicular deliveries or pickups
to or from commercial establishments, as defined in Section 10.45.020 by the use
of private roads, alleys or other ways located on either side or the back of any
building housing the commercial establishment where such private road, allay
or other way lies between said building and any adjacent parcel of land zoned
for residential purposes, between the hours of eight p.m. and seven a.m.
(.*londay through Saturday morninR), and the hours of eight p.m. and nine a.m.
(Sunday morning). (Ord. 653, 1974).
Section 10 48 063• Vehicle or ~~torboat Repairs and Testing: It is 1 viola-
tion of this ordinance to repair, rebuild, modify, or teat any motor vehicle,
motorcycle, or motorboat in such a manner as to cause a noise disturbance on any
adjacent or nearby residential property without the express permission of the
occupant of the property.
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