November 17, 2025 | 3:30 PM Page 1 of 2
Legislation and Policy
Meeting Agenda
NOTICE AND AGENDA
CITY OF UNION CITY
LEGISLATION AND POLICY COMMITTEE
MEETING
Monday, November 17, 2025 | 3:30 PM
City Hall – City Council Conference Room
34009 Alvarado-Niles Road, Union City, CA 94587
1. CALL TO ORDER
2. ROLL CALL
3. ORAL COMMUNICATIONS - Comments Limited to Items on the Meeting Agenda
4. BUSINESS MATTERS
4.1. Amendments to Union City Municipal Code Chapter 2.05 (Campaign Reporting Requirements) to Align Electronic Filing Thresholds with State Law
4.2. Consideration of Potential Revision to Union City Municipal Code Chapter
9.40 Community Noise Ordinance
4.3. Review Alameda County Fire Department Proposal for a Two-Person Emergency Medical Response Team
4.4. Consideration of Vice Mayor Appointment Process
5. ADJOURNMENT
CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
This notice and agenda were posted on the City's website and the City Hall bulletin board at least 24 hours prior to the meeting date, in compliance with the Ralph M. Brown Act. /s/Thai Nam Pham
Thai Nam Pham, MMC, CPMC
City Clerk
November 17, 2025 | 3:30 PM Page 2 of 2
Legislation and Policy
Meeting Agenda
Any writings or documents provided to a majority of the Committee regarding an item on this agenda will be made available for public inspection at the City Clerk's Counter at City Hall located at 34009 Alvarado-Niles Road, Union City, California, during regular business hours. Assistance will be provided to individuals requiring accommodations due to disabilities in compliance with the Americans with Disabilities Act of 1990. Interested parties must request accommodation at least 72 hours in advance of the meeting by calling (510) 675-5448.
Legislation and Policy Committee Staff
Report Page 1 of 2 November 10, 2025
Agenda Item No. 4.1
DATE: November 10, 2025
TO: Members of the Legislation and Policy Committee
FROM: Thai Nam Pham, City Clerk
SUBJECT: Amendments to Union City Municipal Code Chapter 2.05 (Campaign Reporting Requirements) to Align Electronic Filing Thresholds with State Law
EXECUTIVE SUMMARY
Staff recommends that the Legislation and Policy Committee review and discuss a proposed amendment to Union City Municipal Code Chapter 2.05 (Campaign Reporting Requirements) to ensure consistency with current provisions of the California Political Reform Act (Government Code § 84615). The proposed change would adjust the monetary threshold that determines which filers are exempt from mandatory electronic filing of campaign disclosure statements, lowering the exemption level from $2,000 to $1,000, in alignment with state law.
BACKGROUND
In April 2024, the City Council adopted Ordinance No. 921-24 updating Chapter 2.05 of the Union City Municipal Code to include a mandatory electronic filing requirement for campaign statements and reports. Section 2.05.050(A) currently requires all candidates, committees, and elected officials to file electronically, except those who both receive less than $2,000 in contributions and make less than $2,000 in expenditures in a calendar year.
Under Government Code § 84615, a local government agency may require online or electronic filing of campaign disclosure statements. Still, it must exempt filers who receive less than $1,000 in contributions and make less than $1,000 in expenditures in a calendar year. The statute establishes this $1,000 figure as the minimum threshold for exemption.
Because the City’s ordinance sets a higher exemption threshold ($2,000), it currently exceeds the level contemplated by state law. While the intent was to simplify filing obligations for small filers, maintaining a different standard could expose the City to potential conflicts with the Political Reform Act or confuse filers and enforcement agencies.
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Agenda Item No. 4.1
Legislation and Policy Committee Staff
Report Page 2 of 2 November 10, 2025
DISCUSSION
Amending Section 2.05.050(A) to reflect the state-mandated threshold would ensure compliance and uniformity with the Political Reform Act. The proposed language revision is as follows:
Current:
“... except an elected officer, candidate, committee, or other person who receives contributions totaling less than $2,000 and makes expenditures totaling less than $2,000 in a calendar year ...”
Proposed Amendment:
“... except an elected officer, candidate, committee, or other person who receives contributions totaling less than $1,000 and makes expenditures totaling less than $1,000 in a calendar year ...”
This change would align the City’s ordinance with Government Code § 84615(a) and reduce the risk of inconsistency with state regulations governing local electronic filing systems.
Additionally, staff will ensure that any conforming edits maintain the existing requirements for data integrity, compatibility with the Secretary of State’s standardized format, and public access provisions.
FISCAL IMPACT
None. The City’s existing electronic filing platform (NetFile) will continue to operate within current licensing costs.
RECOMMENDATION
That the Legislation and Policy Committee:
1. Review and discuss the proposed amendment to UCMC § 2.05.050(A); and
2. Provide direction to staff on whether to prepare a formal ordinance amendment for City Council consideration.
Prepared by: Thai Nam Pham, City Clerk
Attachments:
1. Current UCMC § 2.05
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CHAPTER 2.05
CAMPAIGN REPORTING REQUIREMENTS
§ 2.05.010. Campaign filing and reporting requirements. (Ord. 921-24, 4/23/2024)
§ 2.05.015. Acknowledgment of requirements.
Each candidate shall sign and submit a form provided by the City Clerk acknowledging receipt of Union City Municipal Code Chapter 2.05 and understanding of the campaign filing and reporting requirements specified in the Union City Municipal Code. (Ord. 921-24, 4/23/2024)
§ 2.05.020. Contributions included in report.
The reports submitted in accordance with this chapter shall include contributions received and expenditures made by candidates up to midnight of the Wednesday before the scheduled general municipal election.
(Ord. 410-93 § 3, 1993; Ord. 921-24, 4/23/2024)
§ 2.05.030. Applicable definitions.
All definitions included in the Political Reform Act of 1974 as they relate to reporting requirements shall be used by candidates in submitting this additional report. (Ord. 410-93 § 4, 1993; Ord. 921-24, 4/23/2024)
§ 2.05.040. (Reserved)
(Ord. 410-93 § 5, 1993; Ord. 921-24, 4/23/2024)
A. Standard Reporting. All candidates for elective office in the City of Union City must adhere to the campaign reporting requirements established under the Political Reform Act of 1974, including the filing of campaign statements as prescribed by state law.
B. Additional Pre-Election Statement Requirement.
1. Filing Requirement. In addition to the State law required filing of campaign statements, each recipient committee formed in conjunction with an election for a municipal office shall file one additional recipient committee pre-election campaign statement with the City Clerk.
2. Filing Deadline. This statement must be filed four calendar days before the election, no later than 2:00 p.m.
3. Coverage Period. The additional pre-election statement shall cover the period from the day after the last date of the most recent pre-election statement required by State law to seven calendar days before the election.
C. Definitions: For the purposes of this chapter, all definitions included in the Political Reform Act of 1974 as they relate to reporting requirements shall apply.
City of Union City, CA
§ 2.05.010 § 2.05.050
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§ 2.05.050. Electronic filing.
(Ord. 894 § 3, 2022; Ord. 921-24, 4/23/2024)
A. Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Government Code Chapter 4 (commencing with Section 84100), except an elected officer, candidate, committee, or other person who receives contributions totaling less than $2,000, and makes expenditures totaling less than $2,000 in a calendar year, shall file those statements, reports, or other documents online or electronically with the City Clerk.
B. In any instance in which an original statement, report or other document must be filed with the California Secretary of State and a copy of that statement, report or other document is required to be filed with the City Clerk, the filer may, but is not required to, file the copy electronically.
C. If the City Clerk's electronic system is not capable of accepting a particular type of statement, report, or other document, an elected officer, candidate, committee or other person shall file that document with the City Clerk in an alternative format.
D. The electronic filing system will operate securely and effectively and will not unduly burden filers. Specifically, the electronic filing system will ensure the integrity of the data and includes safeguards against efforts to tamper with, manipulate, alter, or subvert data; the electronic filing system will only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State's system for receiving an online or electronic filing; and the electronic filing system will be available free of charge to filers and to the public for viewing filings.
City of Union City, CA
§ 2.05.050 § 2.05.050
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CHAPTER 9.40
COMMUNITY NOISE
Article I
Title
§ 9.40.010. Citation and classification.
The ordinance codified in this chapter shall be known as the Union City Community Noise Ordinance and is adopted as a health and safety measure and not as part of the zoning ordinance.
(Ord. 275-86 § 1, 1986)
City of Union City, CA
§ 9.40.010 § 9.40.010
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Article II
Declarations of Policy
§ 9.40.020. Declarations of policy.
It is hereby declared to be the policy of the City that the peace, health, safety and welfare of the citizens of Union City require protection from excessive, unnecessary and unreasonable noises from any and all sources in the community. It is the intention of the City Council to control the adverse effect of such noise sources on the citizen under any condition of use, especially those conditions of use which have the most severe impact upon any person. It is the further intention of the City Council that this policy can be implemented most effectively by prohibiting certain defined noise disturbances and by prohibiting certain defined increases in noise levels on specific types of property, all as more specifically set forth in this chapter.
(Ord. 275-86 § 1, 1986)
City of Union City, CA
§ 9.40.020 § 9.40.020
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Article III
Definitions
§ 9.40.030. Definitions.
For purposes of this chapter, the words and phrases set forth in this article shall have the definitions set forth immediately following such word or phrase within this article. "Commercial property" means any building, structure, premises or portion thereof primarily used for wholesale, retail, or industrial purposes on which property the user thereof or employees are engaged in work for which it is intended that compensation be received for goods or services.
"Cost effective" means capable of achieving results which would justify the costs required.
"Emergencies" are essential activities necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm.
"Local ambient" or "local ambient noise level" means the lowest sound level repeating itself at a certain location during a six-minute period as measured with a precision sound level meter, using slow response and "A" weighting. The local ambient noise level shall be determined with the noise source at issue silent, and in the same location as the measurement of the noise level of the source or sources at issue. However, for purposes of this chapter, in no case shall the local ambient be considered or determined to be less than 40 dBA. If a significant portion of the local ambient is produced by one or more individual identifiable sources which would otherwise be operated continuously during the six-minute measurement period and contributing significantly to the ambient sound level, determination of the local ambient shall be accomplished with these separate identifiable noise sources silent.
"Noise disturbance" means any sound, as judged by any person empowered to enforce this chapter, which sound (1) endangers or injures the safety or health of human beings or animals, or (2) endangers or injures persons of normal sensitivity. The factors which shall be considered in determining whether an objectionable noise is a violation shall include, but not be limited to, the following:
The relative sound level of the objectionable noise when compared to the local ambient noise level;
a.
The proximity of the objectionable noise to residential property and to residential sleeping facilities;
b.
c. The number of persons affected by the objectionable noise; d. The day of the week and time of day or night that the objectionable noise occurs; The duration of the objectionable noise and its tonal, informational or musical content;
e.
f. Whether the objectionable noise is continuous, recurrent or intermittent; City of Union City, CA
§ 9.40.030 § 9.40.030
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"Noise level" means the maximum continuous sound level or repetitive peak sound level, produced by a source or group of sources as measured with a precision sound level meter. In order to measure a noise level, the controls of the precision sound level meter should be arranged to the setting approximate to the type of noise being measured. "Residential property" means a parcel of property which is developed and used either in whole or in part for residential purposes.
"Sound level" expressed in decibels (dB) is a logarithmic indication of the ratio between the acoustic energy present at a given location and the lowest amount of acoustic energy audible to sensitive human ears and weighted by frequency to account for characteristics of human hearing, as given in the American National Standards Institute Standard S1.1, "Acoustic Terminology," paragraph 2.9, or successor reference. All references to dB in this chapter utilize the A-level weighting scale, abbreviated dBA, measured as set forth in this section.
"Precision sound level meter" means a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute Standard S.1.4, "Specification for Sound Level Meters", or successor reference. "Property plane" means a vertical plane including the property line which determines the property boundaries in space.
"Vehicle" means any device by which any person or property may be propelled, moved or drawn upon a highway or street.
(Ord. 275-86 § 1, 1986)
Whether the nature of the noise is usual or unusual when compared to the local ambient noise level and character of local noise otherwise present; g.
h. Whether the objectionable noise is natural or unnatural; i. The nature and zoning of the area within which the objectionable noise emanates; j. The nature and zoning of any areas affected by the objectionable noise; and k. Whether the noise is produced by a commercial or noncommercial activity.
City of Union City, CA
§ 9.40.030 § 9.40.030
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Article IV
Prohibited Acts
§ 9.40.040. Noise disturbance prohibited.
No person shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of same, any noise disturbance. (Ord. 275-86 § 1, 1986)
§ 9.40.041. Residential property noise limits.
No person shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of same, on residential property, a noise level more than 10 dBA above the local ambient at any point outside of the property plane. (Ord. 275-86 § 1, 1986)
§ 9.40.042. Commercial and industrial property noise limits.
No person shall produce, suffer or allow to be produced by any machine or device, or any combination of same, on commercial or industrial property, a noise level more than twelve dBA above the local ambient at any point outside of the property line. (Ord. 275-86 § 1, 1986)
§ 9.40.043. Public property noise limits.
(Ord. 275-86 § 1, 1986)
§ 9.40.044. Interpretation.
The prohibition against noise disturbances and the limits upon residential, commercial and public property noise are separable and independent of each other. An objectionable noise may be found to be a noise disturbance even if that objectionable noise is within the residential, commercial, or public property noise limits set forth in this article, and an objectionable noise may be in violation of any of the above mentioned noise limits even if that objectionable noise is not a noise disturbance. (Ord. 275-86 § 1, 1986)
A. No person shall produce, suffer or allow to be produced by any machine or device, or any combination of same, on public property, a noise level more than fifteen dBA above the local ambient at a distance of twenty-five feet or more, unless otherwise provided in this chapter.
B. Sound performances and special events not exceeding eighty dBA measured at a distance of fifty feet are exempt from this chapter when approval therefor has been obtained from the appropriate governmental entity, except as provided elsewhere in this Code.
C. Vehicle horns, or other devices primarily intended to create a loud noise for warning purposes, shall not be used when the vehicle is at rest, or when a situation endangering life, health, or property is not imminent.
City of Union City, CA
§ 9.40.040 § 9.40.044
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Article V
Special Provisions
§ 9.40.050. Daytime exceptions.
Any noise source which does not produce a noise level exceeding seventy dBA at a distance of twenty-five feet from the noise source under its most noisy condition of use shall be exempt from the provisions of Article 4 between the hours of eight a.m. and eight p.m. daily except Sundays and holidays, when the exemption herein shall apply between ten a.m. and six p.m.
(Ord. 275-86 § 1, 1986)
§ 9.40.051. Safety devices.
Aural warning devices which are required by law to protect the health, safety and welfare of the community shall not produce a noise level more than three dBA above the standard or minimum level stipulated by law.
(Ord. 275-86 § 1, 1986)
§ 9.40.052. Emergencies.
Emergencies are exempt from the provisions of this chapter. (Ord. 275-86 § 1, 1986)
§ 9.40.053. Construction.
Notwithstanding any other provision of this chapter, between the hours of eight a.m. and eight p.m. daily except Saturday, when the exemption herein shall apply between nine a.m. and eight p.m. and Sundays and holidays, when the exemption herein shall apply between ten a.m. and six p.m., construction, alteration, or repair activities which are authorized by valid City permit shall be allowed if they meet at least one of the following noise limitations:
(Ord. 275-86 § 1, 1986)
A. No individual piece of equipment shall produce a noise level exceeding eighty-three dBA at a distance of twenty-five feet. If the device is housed within a structure on the property, the measurement shall be made outside the structure at a distance as close to twenty-five feet from the equipment as possible.
B. The noise level at any point outside the property plane of the project shall not exceed eighty-six dBA.
City of Union City, CA
§ 9.40.050 § 9.40.053
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Article VI
Exception Permits
§ 9.40.060. Exception permits.
If an applicant can show to the City Planning Commission or its designee that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this chapter would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a portion of this chapter may be issued, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be of as short duration as possible up to six months, but renewable upon a showing of good cause, and shall be conditioned by a schedule for compliance and details of methods therefor in appropriate cases. Any person aggrieved with the decision of the City Planning Commission or its designee with regard to such an application for exceptions may appeal to the City Council as provided in this chapter.
(Ord. 275-86 § 1, 1986)
City of Union City, CA
§ 9.40.060 § 9.40.060
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Article VII
Noise Complaints
§ 9.40.070. Complaints.
Persons who believe that noise sources constitute a noise disturbance, exceed the limits set forth in Article 4, or both, may file a complaint with the Planning Department stating the location, nature and extent of the noise in question. (Ord. 275-86 § 1, 1986)
§ 9.40.071. Initial processing.
The Planning Department shall determine the extent of the impact of the noise in question on the neighborhood of the complainant. If the noise does not constitute a noise disturbance, the impact of the noise in question on that neighborhood is not significant, and the noise in question does not constitute a health hazard to the complainant, the Planning Department shall not process the complaint but shall help, if possible, to work out an informal solution to the complaint between the noise source in question and the complainant. In all cases the Planning Department shall provide for the sound measurements indicated by Article 8.
(Ord. 275-86 § 1, 1986)
§ 9.40.073. Documentation.
The provisions of this article shall be satisfied either by the filing of an intent not to process a complaint by the Planning Department with the City Clerk or the execution by a noise source of a promise to implement noise reduction measures required by the Planning Department or the Planning Commission in the time required and performance thereof.
(Ord. 275-86 § 1, 1986)
City of Union City, CA
§ 9.40.070 § 9.40.073
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Article VIII
Noise Measurement Criteria
§ 9.40.080. Measurements.
Any noise measurement made pursuant to the provisions of this chapter shall be made with a sound level meter using the 'A' weighted network (scale) at slow meter response.
Fast meter response shall be used for an impulsive noise. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.
(Ord. 275-86 § 1, 1986)
§ 9.40.081. Location.
The noise levels may be measured at any point on the affected property. Where practical, the microphone or other receiving device shall be positioned three to five feet above the ground or floor level of the affected property and at least four feet away from reflective surfaces.
(Ord. 275-86 § 1, 1986)
City of Union City, CA
§ 9.40.080 § 9.40.081
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Article IX
Noise Reduction
§ 9.40.090. Inventory and noise reduction report.
Noise sources that do not comply with the provisions of Article 4 or Article 7 shall provide the Planning Department with:
(Ord. 275-86 § 1, 1986)
§ 9.40.091. Other reports.
Noise sources shall provide at noise source's expense, reports, prepared by qualified acoustical consultants, selected and approved by the City, and cost estimators, as the Planning Department or Planning Commission may require to ascertain the facts necessary for a decision under this article.
(Ord. 275-86 § 1, 1986)
§ 9.40.092. Hearing.
Unless a settlement on noise reduction measures is agreed upon by all complainants and noise sources, a hearing shall be set before the Planning Commission to determine which noise reduction measures are cost effective. The Planning Commission shall require the noise source to implement, immediately or on a schedule of events, those actions to reduce noise which are cost effective.
(Ord. 275-86 § 1, 1986)
§ 9.40.093. Compliance.
To comply with the provisions of this article a noise source must execute an agreement to implement those actions required by the Planning Commission or the City Council pursuant to this Article 9 within the time required and implement them within the time required.
(Ord. 275-86 § 1, 1986)
§ 9.40.094. Time limits.
All operations responsible for noise which may be reduced by cost effective measures must cease and desist the production of noise constituting a noise disturbance or exceeding the limits set forth in Article 4 within ninety days of the decision rendered by the Planning Commission or City Council pursuant to this article unless the noise source executes the agreement required by Section 9.40.093 within said ninety days. Persons failing to comply with said agreement will cease and desist said operations upon order A. A noise inventory describing each source of noise in question under its control, the level and duration (in twenty-four-hour periods) of each source; and B. The noise reduction plan showing all means of reduction or eliminating noise from each source or at the points of reception and the anticipated time of implementation of such plan.
City of Union City, CA
§ 9.40.090 § 9.40.094
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of the Community Development Director or his or her designee. (Ord. 275-86 § 1, 1986; amended during 1990 republication) City of Union City, CA
§ 9.40.094 § 9.40.094
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Article X
Appeals
§ 9.40.101. Appeal to Commission.
Decisions of the Planning Department rendered pursuant to this chapter may be appealed to the Planning Commission by filing with the Planning Department written notice of such appeal within fifteen days of the Department's decision. (Ord. 275-86 § 1, 1986)
§ 9.40.102. Appeal to City Council.
Decisions of the Planning Commission may be appealed to the City Council by filing with the Planning Department written notice of such appeal within fifteen days of the Commission's decision.
(Ord. 275-86 § 1, 1986)
§ 9.40.103. Redetermination.
The City Council or the Planning Commission shall redetermine the issues appealed. (Ord. 275-86 § 1, 1986)
City of Union City, CA
§ 9.40.101 § 9.40.103
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Article XI
New Equipment
§ 9.40.110. Certification of compliance.
Operators of machines or equipment to be installed or altered may, prior to installation or alteration, apply to the Planning Commission for a certification of compliance with Article 9.
(Ord. 275-86 § 1, 1986)
§ 9.40.111. Compliance.
Applicants for the certificate hereunder shall comply with all of the provisions of Article 9 using projections of noise from new machines or equipment. A certificate of compliance hereunder shall satisfy the provisions of Article 9 after operations have commenced; provided, that the equipment is operated in accordance with the application for a certificate of compliance. The Board may refuse to issue the certificate, however, on grounds that data for noise projections is inadequate. (Ord. 275-86 § 1, 1986)
City of Union City, CA
§ 9.40.110 § 9.40.111
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Article XII
Enforcement
§ 9.40.120. Continued compliance.
Compliance pursuant to Articles 7 and 9 shall satisfy the provisions of this chapter only as long as there is no increase in noise emissions thereunder. (Ord. 275-86 § 1, 1986)
§ 9.40.121. Violations.
Any violation of this chapter is an infraction. Each twenty-four-hour day or fraction thereof that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(Ord. 275-86 § 1, 1986)
§ 9.40.122. Additional remedies.
As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this chapter, so as to cause a noise disturbance, shall be deemed and is hereby declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
(Ord. 275-86 § 1, 1986)
§ 9.40.123. Construction.
This chapter shall be liberally construed so as to effectuate its purposes. (Ord. 275-86 § 1, 1986)
§ 9.40.124. Severability.
If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated.
(Ord. 275-86 § 1, 1986)
City of Union City, CA
§ 9.40.120 § 9.40.124
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Chapter 9.40 COMMUNITY NOISE
Sections:
9.40.010 Policy and purpose.
9.40.020 General prohibition.
9.40.030 Prohibited acts.
9.40.040 Exemptions.
9.40.050 Enforcement.
9.40.010 Policy and purpose.
It is hereby declared to be the policy of the City in the exercise of its police power to protect the peace, health, safety and general welfare of the citizens of Union City from excessive, unnecessary and unreasonable noises from any and all sources in the community. It is the intention of the City Council to control the adverse effect of such noise sources on the citizens by prescribing standards prohibiting detrimental levels of noise and by providing a remedy for violations. The provisions of this chapter and the remedies contained in this code shall be cumulative and are not intended to replace any otherwise available remedies for public or private nuisances, nor any other civil or criminal remedies otherwise available. In addition, the regulations contained herein are not intended to substitute for any noise analysis conducted as a part of the City’s environmental review process for discretionary permit approvals, nor is it intended to limit more strict noise control requirements for discretionary permit approvals should more strict measures be found to be necessary in order to maintain noise levels below adopted thresholds of significance.
9.40.020 General prohibition.
Notwithstanding any other provisions of this chapter and in addition thereto, it is unlawful for any person to willfully make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:
1. The sound level of the objectionable noise;
2. The sound level of the ambient noise;
3. The proximity of the noise to residential sleeping facilities;
4. The nature and zoning of the area within which the noise emanates;
5. The density of the inhabitation of the area within which the noise emanates;
6. The time of day or night the noise occurs;
7. The duration of the noise and its tonal informational or musical content;
8. Whether the noise is continuous, recurrent or intermittent; and
9. Whether the noise is produced by a commercial or noncommercial activity. 21 of 30
9.40.030 Prohibited acts.
It is the intent of this chapter to prohibit all disturbing, excessive and offensive noises except those permitted under another provision of this code or those exempt pursuant to Section
9.40.040.
Notwithstanding any other provisions of this chapter, the following acts, which are not in any way exclusive, are declared to be disturbing, excessive and offensive noises in violation of Section
9.40.020:
A. Noises by Animals. The permitting, by any person having charge, care, custody, or control of any animal, of such animal to emit any noise which is disturbing, excessive or offensive. For the purposes of this subsection, the animal noise shall not be deemed a disturbance if the animal is emitting the noise in response to a person trespassing or threatening to trespass upon private property in or upon which the animal is situated or if the noise is for any other legitimate cause, such as someone teasing or provoking the animal.
B. Construction-Related Noise near Residential Uses. Construction work or related activity is limited to those times and circumstances set forth herein. As used in this chapter, “construction work” or “construction activity” shall mean any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action, for or on any private property, public or private right-of-way, streets, structures, utilities, facilities, or other similar property. Construction activities carried on in violation of this chapter may be enforced as provided in Section 9.40.050, and may also be enforced by issuance of a stop work order and/or revocation of any or all permits issued for such construction activity.
a. Construction hours – Limitations.
i. Except as modified herein, construction activity for development projects in any zoning district on any property within 500 feet of one or more residences, lodging facilities, nursing homes or inpatient hospitals shall be limited to the weekday hours of 7:00 a.m. to 7:00 p.m. and the Saturday or holiday hours of 9:00 a.m. to 6:00 p.m., while Sunday construction is not allowed. Construction activity for projects not located within 500 feet of residences, lodging facilities, nursing homes or inpatient hospitals shall be limited to the weekday hours of 6:00 a.m. to 10:00 p.m. and the weekend or holiday hours of 8:00 a.m. to 8:00 p.m. ii. Resident homeowners and their uncompensated volunteer workers performing construction activity on their own single-family detached home shall be limited to the weekday hours of 7:00 a.m. to 8:00 p.m. and the weekend hours of 8:00 a.m. to 8:00 p.m.
iii. This section shall not apply to construction necessary to prevent or repair an emergency condition, as reasonably determined by the City Manager’s designee.
iv. Projects requiring a permit under the authority of this code shall have 22 of 30
construction hours noted on the cover sheet of the construction plans. v. Projects requiring a permit under the authority of this code, except additions and alterations to single-family residential homes or lots, shall have an all-weather notice board conspicuously placed adjacent to the most visible public right-of-way for the duration of construction activity.
The placement, format and content of the notice board shall be prescribed by City staff, and shall contain, at a minimum, summary project information, allowable construction hours, and City staff contact information.
vi. The City Manager’s designee shall have the authority to modify these hours under any of the following conditions:
1. To facilitate staff supervision or inspection or when the applicant is required to comply with more restrictive provisions of this code, state or federal law.
2. When, based upon the nature of nearby uses and/or site-specific considerations, he or she makes a finding that such modified construction hours are reasonably foreseeable to result in an equal or superior level of comfortable enjoyment of life and property by the community.
3. When the project is located in a right-of-way or easement or on publicly owned property, and such modified hours, on balance, will minimize disruption to the community as a whole, such as to facilitate the orderly flow of traffic or to reduce negative impacts on commercial or residential activity.
C. Conflicts with Residential Uses. Subject to the restrictions on construction contained in subsection (B) of this section, the sustained operation or use between the hours of 10:00 p.m. and 7:00 a.m. of any electric or gasoline powered motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, sweeper, vacuum, public address system, whistle muffler, motorized scooter, machine or mechanical device or other contrivance or facility unless such motor, engine, automobile, motorcycle, sweeper, vacuum, public address system, whistle muffler, motorized scooter, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible from any residential property line.
D. Loud Music or Other Noise by People. The use of electronic equipment (including but not limited to amplifiers, radio loudspeakers, phonographs, tape amplifiers), electronically operated or acoustic musical instruments, other device of like design used for producing sound, or singing, chanting, or yelling in or upon any public street, park or grounds, or any other open area to which the public has access, whether publicly or privately owned, between the hours of 10:00 p.m. and 7:00 a.m. is unlawful. At any other time of day, such equipment or noise production may not be used in a manner which disturbs the peace, quiet and comfort of neighboring residents or persons of normal sensitivity who are using such areas.
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E. Music, Stereos and Electronics. Operating, playing or permitting the operation or playing of any radio, television set, audio equipment, drum, musical instrument, or similar device which produces or reproduces sound at any time of day in such a manner as to disturb the peace, quiet and comfort of neighboring residents or persons of normal sensitivity.
The operation of any such instrument, audio equipment, television set, machine or similar device between the hours of 10:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this subsection.
The conducting of or carrying on of band or orchestral concerts, rehearsals or practice between the hours of 10:00 p.m. and 7:00 a.m. sufficiently loud as to disturb the peace, quiet or repose of persons of ordinary and normal sensitivity who reside in the immediate vicinity of such band or orchestral concerts or rehearsals or practice.
Using, or operating, or permitting to be used or operated, for any purpose, any loudspeaker, loudspeaker system, public address or similar device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to disturb the peace, quiet and comfort of neighboring residents or persons of normal sensitivity, except for any noncommercial public speaking, public assembly or other activity for which a permit has been issued pursuant to Chapter ##.##.
9.40.040 Exemptions.
The following activities shall be exempt from the provisions of this title:
A. Emergency Work. 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 in the performance of emergency work, and activities involving the execution of the duties of duly authorized governmental personnel and others providing emergency response to the general public, including but not limited to sworn peace officers, emergency personnel, utility personnel, and the operation of emergency response vehicles and equipment.
B. Entertainment Events and Operations. The provisions of this chapter shall not apply to those reasonable sounds emanating from authorized school bands, school athletic and school entertainment events and occasional public and private outdoor or indoor gatherings, public dances, shows, bands, sporting and entertainment events conducted between the hours of 7:00 a.m. and 10:00 p.m., and special events for which a permit has been issued pursuant to Chapter ##.##. In addition, noise associated with activities that are part of urban core operations as defined in Section 18.188.020 or with places of entertainment that are in compliance with Section ##.##.
C. Federal or State Preempted Activities. The provisions of this chapter shall not apply to any other activity the noise level of which is regulated by state or federal law.
D. Maintenance to Residential Property. The provisions of this chapter shall not apply to noise sources associated with maintenance to property used for residential purposes, provided the activities take place between the hours of 7:00 a.m. and 10:00 p.m.
E. Garbage Removal. The provisions of this chapter shall not apply to garbage removal 24 of 30
services in commercial and mixed-use districts, even if the garbage services are located adjacent to residential districts.
F. Industrial Districts. The provisions of this chapter shall not apply to industrial districts IMG, I-ML and I-MS zones.
G. Public Health, Welfare and Safety Activities. The provisions of this chapter shall not apply to construction, maintenance and repair operations conducted by public agencies, franchisees of the City and/or utility companies or their contractors which are deemed necessary to serve the best interests of the public and to protect the public health, welfare and safety, including but not limited to trash collection, street sweeping, tree removal, debris and limb removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, vacuuming catch basins, repairing of damaged poles, removal of abandoned vehicles, repairing of water hydrants and mains, gas lines, oil lines, sewers, storm drains, roads, sidewalks, etc.
9.40.050 Enforcement.
Any violations of the provisions of this chapter are expressly deemed and declared to be a public nuisance, and such violation shall be abated in the manner provided in Chapter 1.12. 25 of 30
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