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Ord 1478 - NOISE ORDINANCE OF THE TOWN OF LOS GATOSORDINANCE NO. 1478 NOTSE ORDINANCE OF THE TOWN OF LOS GATOS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN: SECTION 1. Sections 5 -6, 17 -25, : 16 -11 of the Los Gatos Town Code are repealed. SECTION 2. Chapter 11 is added to the Los Gatos Town Code, to read: Chapter 11 Noise Part 11.10.000 Definitions Section 11.10.010 Effect of Definitions The definitions in sections 11.10.015 through 11.10.065 apply to the use of this chapter. Section 11.10.015 Noise Noise means sound of any kind. Section 11.10.020 Davtime Daytime means the period from 7:00 a.m, to.9:00 p.m. Section 11.10.025 Nighttime Nighttime means the period from 9:00 p.m. to 7:00 a.m. Section 11.10.030 Residential- Nonresidential The Zoning Ordinance definition of the words residential and nonresidential applies. Section 11.10.035 Lot Lot means: 1. A parcel of land which under the terms of the Section 11.10.035 Lot (continued) Subdivision Map Act and local ordinance exists separately from all other land, 2. An area of residential occupancy, for example, an apartment or a condominium unit, where one or more occupants have an exclusive right of occupancy, 3. Common area (whether commonly owned or subject to common rights under the terms of a lease) related to the sort of lot described in Part 2, or 4. Any street. Section 11.10.040 Street Street includes highway, and means the entire public right of way. Section 11.10.045 Source Property Source property means the lot where noise originates. Section 11.10.050 Receiving Property Receiving property means any lot other than the source property. Section 11.10.055 ] Receiving Zone Receiving zone means the Zoning Ordinance zone of the receivin g property. Section 11.10.060 Source Zone Source zone means the Zoning Ordinance zone of the source property. -2- Section 11.10.063 Make Noise The phrase make noise includes not only noise made by a person, by a machine under his control and also noise made by his animals and by animals in his possession.. Part 11.20 Noise Measurement Section 11.20.010 Measurement Noise is measured with a meter registering sound level in decibel units according to the specifications for Type 1, 2, or 2A meters in the American National Standards Institute standard S1.4 "Specifications for Sound Level Meters ", using "A" weighting and the "slow" response characteristic, except for noises made by animals, when the "fast" response characteristic is used. In "this ordinance sound limits are in dBA. For purposes of this ordinance the noise level is either the continuous measurement or the repeated peak measurement indicated by the sound level meter. Part 11.30 Noise Limits Section 11.30.010 General Nighttime Noise Limits Subject to the exceptions in section 11.30.020, in the nighttime no person shall make noise, nor allow an animal he keeps to make a noise,.exceeding the limits in this table: sic Section 11.30.010 General Nighttime Noise Limits (continued) Recoivin Zone Source Zone Noise Limit (dBA) Residential Residential 55 Residential Nonresidential 60 Nonresidential All 65 For the purposes of nighttime limits (with additional provision in section 11.30.020 concerning noise in streets), noise is measured on the receiving property. If a different limit is specified in section 11.30.030, no person shall make a noise louder than that limit. Section 11.30.020 Measurement of Noise in Streets When the source property is a street, no person shill make noise which, measured either on receiving property or 25 feet from the source, exceeds the limits set in section 11.30.010. Section 11.30.030 Specific Nighttime Limit Exceptions Following are specific nighttime noise limit exceptions: 1. Residential air conditioners -- add 5 dBA to nighttime standards. (This provision is effective only until December 31, 1935.) -4- Section 11.30.030 Specific Nighttime Limit Exceptions (continued) 2. Publicl owned motor sweepers, 3. Garbage trucks operating in nonresidential zones, 4. Garbage trucks operating after 6:00 a.m. in residential zones, 5. Dogs that make noise less than 5 minutes in any 60 minute period, 6. Dogs barking to threaten a person who is trespassing or to warn of a trespass actually taking place, 7. Privately owned motor sweepers operating in nonresidential zones, after 6:00 a.m., not making noise louder than 80 dBA measured 25 feet from the source, 8. Events on public school grounds, before 11:00 p.m., which are part of a public school's general program and are approved by the governing board or administration of the school, 9. Civic events, including charitable events conducted by private organizations, when the Town Council has given its permission and has set noise and time limits for the event, -5- Section 11.30.030 Specific Nighttime -Limit Exceptions (continued) 10. In public parks and Town buildings, private events with the approval of a Town commission, board, or official, when the approval sets noise and time limits for the event and is granted under authority delegated by ordinance or Town Council resolution. Section 11.30.050 General Daytime Noise Limits Subject to the exceptions in section 11.30.060, in the daytime no person shall make a noise louder than 75 dBA measured 25 feet from the source. If a different limit is specified in section 11.30.060, no person shall make a noise louder than that limit. Section 11.30.060 Specific Daytime Noise Limit Exceptions Following are the specific daytime noise limit exceptions: 1. Gardening and yard maintenance equipment -- _ limited to -80 dBA, --measured 50- feet--from the sourc.&, 2. Home power tools other than those listed in this section, 3. Construction work -- limited to 90 dBA, measured 50 feet from the source, 4. Chain saws, stump routers, and brush clippers limited to -- 90 dBA, measured 50 feet from the source, -6" Section 11.30.060 Specific Daytime Noise Limit Exceptions (continued) S. Animals -- limited to 82 dBA, measured on the receiving property, for a total of no more than five minutes over the regular 75 dBA limit in any 60 minute period, 6. Notor Sweepers -- limited to 85 dBA, measured at 25 feet from the source, 7. Events on public school grounds which are part of a public school's general program and are approved by the governing board or administration of the school, 8. Civic events, including charitable events conducted by private organizations, when the Town Council has given its permission and has set a noise limit for the event, 9. In public parks and Town buildings, private events with the approval of a Town commission, - - - - ;board or- offi -c-al i when the approval - sets -noise and time limits for the event and is granted under authority delegated by ordinance or Town Council resolution, 10. Garbage Trucks. -7- Section 11.30.080 General Restrictions The following noises are restricted to lower limits than specified in sections 11.30.011 and 11.30.050: 1. Hum, whine or pure tone noise produced by an electrically powered device -- limited to a maximum continuous noise level 5 dBA less than the applicable nighttime or daytime standards. Section 11.30.090 General Exemption The following noises are exempted from regulation by this ordinance: 1. Sirens, horns and other warning signals on ambulance, fire, and public safety vehicles and the like, while being utilized in response to an emergency condition endangering health, safety or property, 2. Work required in response to an emergency condition endangering the public welfare. SECTION 3. This ord takes ,effect 30 days after the--date-it i:s -- adopted. Within 15 days after this ordinance is adopted the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on September 15 19 80 and adoEtcd by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on October 6 , 19 80 AYES: COUNCILMEMBERS Ruth Cannon, Marlyn J. Rasmussen, Peter W. Siemens, Brent N. Ventura, and Thomas J. Ferrito NOES: COUNCILMEMBERS None ARs , r.i IN: COUNCILMEIMBERS None ABS1 :N'r: C0UNCIL,INIEJqBERS None ATT EST Deputy "O"K, i 0 n 01: Los Gatos SIGNED qr ; ay owns Gatos M]: