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Agenda Item I
DISCUSSION/ACTION ITEM
Meeting Date: April 26, 2023
TO: Ordinance Committee Members
FROM: Kristy Schmidt, Assistant City Manager
Winnie Cai, Assistant City Attorney
SUBJECT: Recommended Changes to the City of Goleta’s Noise Ordinance RECOMMENDATION:
Review the proposed ordinance, entitled, “An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 9.09 (Noise Restrictions) of Title 9 (Public Peace and Welfare) of the Goleta Municipal Code, Related to Nosie Restrictions,” make recommend changes thereto, and direct City staff to, subject to the recommendations of the Committee at this public meeting, present a proposed ordinance to the City Council for its consideration.
BACKGROUND:
The City of Goleta’s (“City”) current noise ordinance is codified in Chapter 9.09 “Noise Restrictions” of Title 9 of its Municipal Code. The City’s Noise Ordinance has not been updated since 2012 and could benefit from certain changes thereto to facilitate enforcement and clarify permissible and impermissible noise. Specifically, the proposed ordinance prohibits certain types of noise prohibited activities, including prohibitions currently contained elsewhere in the City’s Municipal Code. It also retains general standards for determining what noise or noises constitute a nuisance, including specified factors to guide enforcement.
DISCUSSION:
Noise is an aspect of any community, therefore, certain restrictions are necessary to preserve the public peace and comfort of the citizens of the City from unwarranted and unreasonable noises. The City is empowered to prohibit unnecessary, excessive and annoying noises pursuant to its general police powers. (Section 7 of Article XI of the California Constitution.)
It is worth noting that, both historically and presently, the City has not received and does not receive many noise complaints.
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Ordinance Committee’s Recommended Changes and Content of the Proposed Ordinance
At this Committee’s meeting on February 2, 2022 staff initiated revisions to the noise ordinance in order to clarify language in GMC § 9.09.010 and 9.09.020 that heavily focused on amplified noise, rather than noise coming from any source. The existing language created an ambiguity that could be read to indicate that the City only prohibited amplified noise. In addition, a list of specifically prohibited noises were also brought forth involving loud parties, band/orchestral rehearsals, amplified sound, engines, motors and mechanical devices, and the like. This draft of the amendment was intended to clean up certain ambiguous language and modernize the ordinance with a specific list of noises that the City had encountered through complaints, while largely maintaining the City’s existing framework for evaluation of noise levels that create an impact on others.
At the February 2, 2022 meeting, a number of additional issues were raised, including:
1. More specifically prohibiting certain noises (construction and motor vehicles making loud sounds on public streets); and
2. Noise generated by commercial and industrial operations that affected neighboring residents. These issues involve noise associated with loading/unloading trucking noises, back up beeping noises made by safety devices on trucks, and general business operational noises that affected residences.
In response to the first suggestion, the “Specific Noises Prohibited” section now defines “Construction” and lists permitted hours of Construction consistent with Title 17. The Specific Noises Prohibited list also includes a prohibition against certain motor vehicle noises, including unnecessarily revving one’s engine, peeling out or doing donuts with one’s vehicle, and allowing one’s car alarm to activate unterminated or go off more than three times a day.
In general, the Specifically Prohibited Noises section includes categories of noise generating activities that are either prohibited during “Nighttime Hours” or at all times of the day. Nighttime Hours is defined as, “Sunday, Monday, Tuesday, Wednesday, or Thursday, Friday or Saturday between the hours of 10:00 p.m. and 7:00 a.m. Based on input from the Sheriff’s Office, there was a change in the weekend Nighttime Hours from 12am to 10pm on Friday through Saturday night so that Nighttime Hours are the same every day of the week, which makes for easier enforcement.
In response to the second suggestion, City staff has spent significant time trying to come up with a bright line rule regarding noises that can be made by specific zone district or land use. There currently does not exist a reliable resource to use in a noise ordinance to regulate noises emanating from permitted land uses. The effort to produce such a table would require (1) analysis of the land use involved and the amount of noise it reasonably makes and (2) acoustical expert analysis as to how to develop appropriate standards and methods of testing noise level—i.e., maximum decibels by type of land 65266.00005\41034714.1
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use; the appropriate acoustical measurement for the varying identified decibel levels (i.e., decibels can be measured by different thresholds, such as minimum, maximum, and peak); the process for testing and controls for ambient noises; etc. In short, a clear bright line rule to designate how much sound each land use can generate requires expert analysis (beyond the experience of staff) to set the appropriate decibel levels and standards for measurement; that effort will, in turn, require significant staff time and resources.
Many jurisdictions employ this type of “bright line” ordinance. However, in staff’s review of other jurisdiction’s approved noise levels, there is variation between 10 to 15 dBA.
Many of these ordinances also fail to adequately describe the appropriate acoustical measurement for evaluating decibel levels or the process of testing. While setting a “bright line” has its benefits, such an ordinance also requires careful vetting in order to minimize disputes or confusion over the use and application of such a noise ordinance.
To that end, if establishing clear maximum noise levels is desired, staff recommends further study and engagement of an acoustics expert to aid in this endeavor. (This can be done as a separate process from the currently proposed amendment to the noise ordinance.)
In addition, the prohibition of certain noise associated with a necessary business activity is inextricably tied to how existing uses of land. For example, limiting the hours of when the “loading and unloading” of supplies can significantly hamper the operation of a business. Time of day restrictions such as prohibiting a noise generating activity at night can also be difficult to enforce. The time of day in which certain noise generating activities like the unloading of materials can occur is dictated by the nature of the existing business. For example, a grocery store may be forced to unload at dawn because that is the only time that produce can be delivered and it must be immediately unloaded to protect the quality of the food. Thus, noise restrictions tied to a business activity like the unloading of materials will require a case-by-case review of each business’ operations.
Until and unless the City creates a table with bright line rules on how much noise can be generated by land use, general provisions of the City’s existing Noise Ordinance can be used to determine whether a noise is loud and unreasonable. The City’s current general standard is defined as, “. . . unnecessary noises or sounds which are physically annoying to persons of ordinary sensitiveness or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to occasion physical discomfort to the inhabitants of the City, or any number thereof.” (GMC § 9.09.040(A).) In addition, the City will continue utilizing the 14 factors (volume, intensity, continuousness, nature, origin, zoning, duration, etc.) on determining when a noise is loud and unreasonable.
Finally, the proposed ordinance includes a list of existing noises that are exempted from the noise ordinance, including:
1. Noises exempt under Title 17 (emergencies, warning devices, special events, municipal solid waste collection, and City capital improvement projects and maintenance and repair projects.);
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2. Outdoor gatherings on commercial and institutional premises that are consistent with the property’s permits and licenses except during Nighttime Hours;
3. Outdoor activities on playgrounds and school grounds except during Nighttime Hours; and
4. Religious noises including singing, music, bells, chimes, carillons, and similar noises for religious purposes.
FISCAL IMPACTS:
There are no fiscal impacts associated with the proposed ordinance.
ATTACHMENTS:
A. A proposed ordinance entitled, “An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 9.09 (Noise Restrictions) of Title 9 (Public Peace and Welfare) of the Goleta Municipal Code, Related to Nosie Restrictions.”