Ord 0388-REGULATING NOISESORDINANCE NO. 3$$
AN ORDINANCE OF THE TOWN OF LOS GATOS
REGULATING NOISES
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
Section 1. It is found and declared that,-,
(a) The making and creation of loud, unnecessary or
unusual noises within the limits of the Torn of Los Gatos is a con-
dition which has existed for some time and the extent and volume of
such noises is increasing;
(b) The making, creation or maintenance of such loud,
unnecessary, unnatural or unusual noises which are prolonged, unusual
and unnatural in their time, place and use, affect and are a detriment
to public health, comfort, convenience, safety, welfare and prosperity
of the residents of the Town of Los Gatos; and
(c) The necessity in the public interest for the pro-
visions and prohibitions hereinafter contained and enacted, is declared
as a matter of legislative determination and public policy, and it is
further declared that the provisions and prohibitions hereinafter con-
twined and enacted are in pursuance of and for the purpose of securing
and promoting the public health, comfort, convenience, safety, welfare
and prosperity and the peace and quiet of the Town of Los Gatos and its
inhabitants.
Section 2. It shall be unlawful for any person, to make,
continue, or cause to be made or continued any loud, unnecessary or
unusual noise or any noise which either annoys, disturbs, injures or
endangers the comfort, repose, health, peace or safety of others,
within the limits of the Town.
Section L. The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
ordinance, but said enumeration shall not be deemed to be exclusive,
namely:
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(1) Horns, Signaling Devices, etc® The sounding of
any horn or signaling device on any automobile, motorcycle, or other
vehicle on any street or public place of the Town, except as a danger
warning; the creation by means of any such signaling device of any
unreasonably loud or harsh sound; and the sounding of any such device
for an unnecessary and unreasonable period of time. The use of any
horn, whistle or other device operated by engine exhaust. The use of
any such signaling device when traffic is for any reason held up.
(2) Radios, Phonographs, etc. The using, operating,
or.... permitting to be played, used or operated any radio receiving set,
musical instrument, phonograph, or other machine or device for the
producing or reproducing of sound in such manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants or at any time
with louder volume than is necessary for convenient hearing for the
person or persons who are in the room, vehicle or chamber in which
such machine or device is operated and who are voluntary listeners
thereto. The operation of any such set, instrument, phonograph,
machine or device between the hours of 11:00 P.M. and 7000 A. M. in
such a manner as to be plainly audible at a distance of fifty (50)
feet from the building, structure or vehicle in which it is located
shall be prima facie evidence of a violation of this section.
(3) Loud Speakers, Amplifiers for Advertising. The
using, operating or permitting to be played, used or operated of any
radio receiving set, musical instrument, phonograph, loud speaker,
sound amplifier, or other machine or device for the producing or
reproducing of sound which is cast upon the public streets for the
purpose of commercial advertising or attracting the attention of the
public to any building or structure, whether such machine or device is
mobile or otherwise.
(4) Yelling, Shouting, Etc. Yelling, shouting,
hooting, whistling, or singing on the public streets, particularly
between the hours of 11:00 P.M. and 7:00 A.M. or at any time or place
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so as to annoy or disturb the quiet, comfort, or repose of persons in
any dwelling, hotel or other type residence, or of any persons in the
vicinity.
(5) Animals, Birds, Etc. The keeping of any animal
or bird which by causing frequent or long continued noise shall dis-
turb the comfort or r epose of any persons in the vicinity.
(b) Steam Whistles. The blowing of any locomotive
steam whistle or steam whistle attached to any stationary boiler except
to give notice of the time to begin or stop work or as a warning of
fire or dangers or upon request of proper city authorities.
(7) Exhausts. The discharge into the open air of the
exhaust of any steam engine, stationary internal combustion engine,
motor boat, or motor vehicle except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
(S) Defect in Vehicle or Load. The use of any auto-
mobile, motorcycle, or vehicle so out of repair, so loaded or operated
in such manner as to create loud and unnecessary grating, grinding,
rattling or other noise.
(9) Loading, Unloading, Opening Boxes. The creation
of loud and excessive noises in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes, crates,
and containers.
(10) Construction or Repairing of Buildings. The
erection (including excavating), demolition, alteration or repair of
any building other than between the hours of 7:00 A.M. and 8:00 P.M.
except in case of urgent necessity in the interest of public health
and safety, and then only with a permit from the Building Inspector,
which permit may be granted for a period not to exceed three (3) days
or less while the emergency continues and which permit may be renewed
for periods of three days or less while the emergency continues. If
the Building Inspector should determine that the public health and
safety will not be impaired by the erection, demolition, alteration or
repair of any building within the hours of 5:00 P.M. and 7:00 A.M.,
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and if he shall further determine that loss or inconvenience would
result to any party in interest, he may grant permission for such work
to be done between the hours of 8:00 P.M. and 7:00 A.M., upon applica-
tion being made at the time the permit for work is awarded or during
the progress of the work.
(11) Schools, Courts, Churches, Hospitals. The creation
of any excessive noise on any street adjacent to any school, institu-
tion of learning, church or court while the same are in use, or
adjacent to any hospital, which unreasonably interferes with the work-
ings o.f such institution, or which disturbs or unduly annoys patients
in any hospital, provided conspicuous signs are displayed in such
streets indicating that the same is a school, hospital, church or court
street.
(12) Hawkers, Peddlers. The shouting and crying of
peddlers, hawkers and vendors which disturbs the peace and quiet of
the neighborhood.
(13) Drums. The use of any drum or other instrument
or device for the purpose of attracting attention by creation of noise
to any performance, show or sale.
(14) Metal Rails, Pillars and Columns, Transportation
Thereof. The transportation of rails, pillars or columns of iron,
steel or other material, over and along streets and other public places
upon carts, drays, cars, trucks, or in any other manner so loaded as
to cause loud noises or as to disturb the peace and quiet of such
streets or other public places.
(15) Pile Drivers, Hammers, Etc. The operation
between the hours of $:00 P.M. and 7:00 A.M. of any pile driver, steam
shovel, pneumatic hammer, derrick, steam or electric hoist, loader, or
rock crusher or tractor or other appliance, the use of which is attended
by loud or unusual noise. This subsection shall not be applicable to
any public utility which by reason of an emergency must carry on the
operation of maintenance or repair between the hours of 8:00 P.M. and
7:00 A.M.
(16) Blowers. The operation of any noise-creating
blower or power fan or any internal combustion engine, the operation
of which causes noise due to the explosion of operating gases or fluids,
unless the noise from such blower or fan is muffled and such engine is
equipped with a muffler device sufficient to deaden such noise.
Section 1,. Penalties. Any person, firm or corporation
violating any of the terms of this ordinance shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be punishable by
a fine of not more than $500.00 or by imprisonment in the County Jail
of the County of Santa Clara for a period of not more than six months,
or .bit .both such fine and imprisonment.
Section 5. Severability. If any section, subsection,
sentence, clause, phrase, or portion of this ordinance is for any
reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The Council of
this Town hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase or portion
thereof, irrespective of the fact that any one or more sections, sub-
sections, clauses, phrases or portions be declared invalid or uncon-
stitutional.
Section 6. Any and all amen dment.s pertaining to the
regulation of noises may and shall be added to this ordinance by
resolution of the Town Council.
Section Z. This Ordinance shall be published once in the
LOS GATOS TDVES-SARATOGA OBSERVER., a newspaper of general circulation,
printed and published in the Town of Los Gatos.
The above and foregoing Ordinance was duly and regularly
introducted at a regular meeting.of the Town Council of the Town of
Los Gatos held on the 5th day of December, 1955, and was thereafter,
at a continued regular meeting, on the day of
19 l<Y , duly and regularly adopted by the following vote.
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