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Code are repealed.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.
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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.)
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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,
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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,
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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.
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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
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