CC Ordinance No. 1871 Proposed text additions are underlined and
proposed text deletions are struck through
ORDINANCE NO. 1871
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 10.48 OF THE CUPERTINO MUNICIPAL CODE
REGARDING COMMUNITY NOISE CONTROL
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 10.48 of the Municipal Code of Cupertino is hereby amended to read as follows:
Chapter 10.48 COMMUNITY NOISE CONTROL
10.48.010 Definitions.
For purposes of this chapter:
"Commercial area" means commercially-zoned property as defined in the community zoning
ordinance.
"Commercial establishment" means any store, factory, manufacturing or industrial plant used
for the sale,
manufacturing, fabrication, assembly or storage of goods, wares and merchandise.
"Construction" means any site preparation, ~ assembly, erection, repair, substantial
alteration_, or similar action, of public or private property, rights-of-way, structures, utilities or
similar property, including vehicle pick-up or delivery of construction materials or
demolition debris but excluding demolition and grading.
"Daytime" means the period from seven a.m. to eight p.m. on weekdays, and the period from
:'_'g~t nine a.m. to ~ six p.m. on weekends
"Decibel (dB)" means a unit for measuring relative sound pressure, logarithmically
referenced to a pressure of twenty 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 which demands immediate action.
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"Emergency work" means any work performed for the purpose of preventing or alleviating
the physical danger, trauma, or property damage threatened or caused by an emergency, or
restoration of conditions and property to their status prior to the emergency.
"Holidays" means the following days: New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, Christmas Day.
Industrial area means ~ndustrially-zoned property as defined in the community zoning
ordinance.
"Muffler" means a device for reducing or dissipating the sound of escaping gases, or other
types of noise, from a mechanical device or engine.
"Multiple-family dwelling unit" means a residential structure containing separate living
quarters for two or more families, each unit with similar and common access to the outside.
"NCO" means noise control officer.
"Nighttime" means periods of weekdays from eight p.m. to twelve midnight, and from
· A:,a,, · o midnight
midnight to seven a.m., and periods on weekends ~ from _.,,-- s~x p.m. t
and from midnight ~:..u, · m
to -.,,-- nme a. .
"Noise" means any sound which annoys or disturbs humans or which 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 responsibility for implementation and enforcement of this chapter, as designated by
the City Manager and approved by the City Council.
"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.
"Noise level" means the same as sound level.
"Nonresidential area" means land zoned for other than residential uses, such as commercial,
professional office, industrial or public, as defined in the zoning ordinance, but not including
public rights-of-way.
"Person" means any individual, association, partnership, corporation, or public agency, and
includes any associated officer, employee or depaxtment.
Ordinance No. 1871 Page
"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 area" means any property or structures thereon which are owned, utilized, or
controlled by a
governmental entity.
"Public fight-of-way" means any street, avenue, boulevard, highway, parkway, alley or
similar place which is owned 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 SI.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 SI.4 - 1971, or
latest revision, for Type 1, Type 2 or Type 2A operation.
"Weekday" means any day, Monday through Friday ~ that is not one of the a
Hl~olidays.
"Weekend" means Saturdays and Sundays wE~-eE that are not Hholidays.
"Vehicular deliveries or pickups" means the delivery or pickup or the arrival for the delivery
or pickup of goods, wares, merchandise and waste material by the use of motor vehicles,
including, but not limited to, the operation of motorized commercial ground-sweeping or waste-
removal machinery, whether portable or self-propelled. (Ord. 1107, 1981; Ord. 1022 § 1 (part),
1980)
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 chapter after a verbal or written warning of
a violation, the continuing violation shall be cause for either a citation, complaint, or an
Ordinance No. 1871 Page 4
abatement order to be issued by the Noise Control Officer, or other responsible official. (Ord.
1022 § 1 (part), 1980)
10.48.012 Violation-Penalty.
Any person who violates the provisions of this chapter shall be guilty of a~ i~fiaae, t~m
misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.12. (Ord.
1179 § 2 (part), 1982: Ord. 1022 § 1 (part), 1980)
10.48.013 Multiple section application.
In the event that more than one section of this chapter 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 incidents are specifically identified
in the most restrictive limit which is applicable. (Ord. 1022 § 1 (part), 1980)
10.48.014 Other remedies.
No provision of this chapter 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 chapter or from other law. The provisions of this chapter are not intended to
affect in any manner, violations or arrests of persons for a violation of Section 415 of the
California Penal Code or any other provision of State law. The unavailability of a sound level
meter to enforce the provisions of this chapter does not preclude the enforcement of any
provision of State law. (Ord. 1278 (part), 1984: Ord. 1022 § 1 (part), 1980)
10.48.020 Lead agency/official.
The noise control program established by this chapter shall be administered by and the
responsibility of, the Noise Control Officer (NCO). (Ord. 1022 § 1 (part), 1980)
10.48.021 Powers of the Noise Control Officer.
In order to implement and enforce this chapter and for the general purpose of noise abatement
and control, the NCO shall have, in addition to any other vested authority, the power to:
A. Review of Public and Private Projects. Review of 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 chapter;
B. 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
Ordinance No. 1871 Page 5
of probable cause to believe that a violation of this chapter may exist. Such inspection may
include administration of any necessary tests. (Ord. 1022 § 1 (part), 1980)
10.48.022 Duties of the Noise Control Officer.
In order to implement and enforce this chapter effectively, the NCO shall within a reasonable
time after the effective date of the ordinance codified in this chapter:
A. Guidelines, Testing Methods and Procedures. Develop and promulgate guidelines, testing
methods and procedures as required. Any noise measurement procedure used in enforcement of
this chapter which tends to underestimate the actual noise level of the source being measured
shall not invalidate the enforcement action;
B. Investigate and Pursue Violations. In consonance with provisions of this chapter,
investigate and pursue possible violations;
C. Delegation of Authority. Delegate functions, where appropriate under this chapter, to other
personnel and to other departments, subject to approval of the City Manager. (Ord. 1022 § 1
(part), 1980)
10.48.023 Duties and responsibilities of other departments.
A. Departmental Actions. All City departments shall, to the fullest extent consistent with
other law, carry out their programs in such a manner as to ~rther the policy and intent of this
chapter.
B. 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.
C. Contracts. Any written contract, agreement, purchase order, or other instrument whereby
the City is committed to the expenditure of five thousand dollars or more in return for goods or
services, and which involves noise-producing activities, shall contain provisions requiring
compliance with this chapter. (Ord. 1022 § 1 (part), 1980)
10.48.029 Homeowner or resident-conducted construction work exception.
Construction conducted by the homeowner or resident of a single dwelling, using
domestic construction tools is allowed on holidays between the hours of 9 a.m. and 6
p.m.
10.48.030 Emergency exception.
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Page
The provisions of this chapter shall not apply to the emission of sound for the purpose of
alerting persons to the existence of an emergency, or the emission of sound in the performance of
emergency work. (Ord. 1022 § 1 (part), 1980)
10.48.031 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
chapter would constitute an unreasonable 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 any 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
provisions of this chapter 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 of this section. (Ord. 1022 § 1 (part), 1980)
Ordinance No. 1871 Page
10.48.032 Appeals.
Appeals of any de~ision of the NCO shall be made to the City Council. (Ord. 1022 § 1 (part),
1980)
10.48.040 Daytime and nighttime maximum 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 another section of this chapter:
Land Use at Location
of Complaint
Maximum Noise Level
on Receiving Property
Nighttime Daytime
Residential
50 dBA 60 dBA
Nonresidential
55 dBA 65 dBA
(Ord. 1022 § 1 (part), 1980)
10.48.050 Brief daytime incidents.
A. During the daytime period only, brief noise incidents exceeding limits in other sections of
this chapter are allowed; providing, that the sum of the noise duration in minutes plus the excess
noise level does not exceed twenty in a two-hour period. For example, the following
combinations would be allowable:
Noise Increment Above
Normal Standard
Noise Duration in
2-Hour Period
5 dBA
15 minutes
10 dBA
10 minutes
15 dBA
5 minutes
19 dBA
1 minute
B. For multifamily 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.
Ordinance No. 1871 Page
c. Section 10.48.050A does not apply to Section 10.48.055 (Motor Vehicle Idling). (Ord.
1022 § 1 (part), 1980)
10.48.051 Home maintenance activities.
Daytime use of motorized equipment for home and yard 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, atoning equipment only the minimal period necessary, and locating equipment
so as to generate minimum noise levels on adjoining properties. (Ord. 1022 § 1 (part), 1980)
10.48.052 Outdoor public events.
A. Outdoor events open to the general public on nonresidential 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 fxom the city, and subject to the following
general limitations:
1. The event shall not produce noise levels above 70 dBA on any residential property for a
period longer than three hours during daytime.
2. The event shall not produce noise levels above 60 dBA on any residential property during
the period from eight p.m. to eleven p.m., and above 55 dBA for any other nighttime period.
3. Continuous or repeated peak noise levels above 95 dBA shall not be produced at any
location where persons may be continuously exposed.
B. The 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 section, to protect certain individuals, areas or nearby activities
which would otherwise be disturbed, and these permit conditions, when in conflict with this
section, are overriding. (Ord. 1022 § 1 (part), 1980)
10.48.053 Grading, construction and demolition.
A. 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 and in good condition, and the activity
meets one of the following two criteria:
1. No individual device produces a noise level more than 87 dBA at a distance of twenty-five
feet (7.5 meters); or
Ordinance No. 1871 Page
2. The noise level on any nearby property does not exceed 80 dBA.
B. Notwithstanding Section 10.48.053(A), ~_it is a violation of this chapter to engage in any
grading, street construction, demolition or underground utility work within seven hundred fifty
feet of a residential area on Saturdays, Sundays and holidays, and during the nighttime period,
except as provided in Section 10.48.030.
C. Construction~ other than street construction, is prohibited on holiflays~ except as
provided in Sections 10.48.029 and 10.48.030.
D. C., ~ ce=:tr'-'~-*-'-'e~- _~r ~-~me!?-'-'e~- Construction~ other than street construction,
c:~'_'rr~g ~'_'r'-'=g -:~'~ ~:-""--'?-: '-?-!! ---e*- b~ ~_!!~_:.:~_a_ is prohibited during nighttime
periods unless ~ it meets the nighttime standards of Section 10.48.040.
D. The use of hehcopters as a part of a construction and/or demolition activity shall be
restricted to between the hours of :'-'g~- '-?-'-~3-~' nine a.m. and six thirty p.m. Monday through
~ Friday only, and prohibited on the weekends and holidays. The notice shall be
given at least twenty-four hours in advance of said usage. In cases of emergency, the twenty-four
hour period may be waived. (Ord. 1278 (part), 1984: Ord. 1022 § 1 (part), 1980)
10.48.054 Interior noise in multiple-family dwellings.
Noise produced in any multiple-family dwelling unit shall not produce a noise level
exceeding 45 dBA five feet from any wall in any adjoining unit during the period between seven
a.m. and ten p.m., or exceeding 40 dBA during hours from ten p.m. to seven a.m. the following
day. (Ord. 1022 § 1 (part), 1980)
10.48.055 Motor vehicle idling.
Motor vehicles, including automobiles, trucks, motorcycles, motor scooters and trailers or
other equipment towed by a motor vehicle, shall not be allowed to remain in one location with
the engine or auxiliary motors running for more than three minutes in any hour, in an area other
than on a public right-of-way, unless:
A. The regular noise limits of Section 10.48.040 are met while the engine and/or auxiliary
motors are running; or
B. The vehicle is in use for provision of police, fire, medical, or other emergency services.
(Ord. 1022 § 1 (part), 1980)
10.48.056 Noise from registered motor vehicles.
A. It is a violation of this chapter to own or operate a motor vehicle, including automobiles,
tracks,
Ordinance No. 1871 Page
motorcycles and other similar devices of a type subject to registration, as defined in
California Vehicle Code, which has a faulty, defective, deteriorated, modified, replaced, or no
exhaust and/or muffler system, and which produces an excessive and disturbing noise level, as
defined in California Vehicle Code Sections 27150 and 27151.
B. The Stationary Vehicle Test Procedure, as adopted by the California Highway Patrol, may
be utilized as prima facie evidence of violation of this section. (Ord. 1022 § 1 (part), 1980)
10.48.057 Noise from off-road recreational vehicles.
It is a violation of this chapter to own or operate:
A. 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 faulty, 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;
B. Any off-road recreational vehicle producing a noise level:
1. Exceeding 98 dBA within twenty inches of any component at an intermediate engine speed
of two
thousand to four thousand revolutions per minute in a stationary position; or
2. Exceeding 80 dBA under any condition of acceleration, speed, grade, and load at a
distance of fifty feet. 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 this measurement. (Ord. 1022 § 1 (part), 1980)
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. (Ord. 1022 § 1 (part), 1980)
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. 1022 § 1 (part), 1980)
10.48.062 Nighttime deliveries and pickups.
It is unlawful and a nuisance for any person to make or allow vehicular deliveries or pickups
to or from commercial establishments (defined as any store, factory, manufacturing, or industrial
Ordinance No. 1871 Page 11
plant used for the sale, manufacturing, fabrication, assembly or storage of goods, wares and
merchandise) 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, alley or other
way lies between the building and any adjacent parcel of land zoned for residential purposes,
between the hours of eight p.m. and eight a.m. weekdays, (Monday through Friday~
and ~ six p.m. and nine a.m. on weekends (Saturday and Sunday), .-v_erm'=g:) and holidays,
except as may be permitted under Section 10.48.029. (Ord. 1149, 1981: Ord. 1066, 1981: Ord.
1022 § I (part), 1980)
INTRODUCED at a regular adjourned meeting of the City Council of the City of Cupertino the
5t~ day of February, 2001 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 5~ of March, 2001, by the following vote:
Vote
Members of the City Council
AYES: Bumett, Chang, James, Lowenthal
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
APPROVED:
/l~Iayor, City-df ~u~no
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. ] [~ I ., which
was enacted on fl/xOo/e-~,. ~ ,2/) 01 , and that it has
been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
2g~- day of ~tr,' I ,200_1.
I
KIMBERLY SNGTH, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate