Ord 2024-012 - Municipal Code Amendments

Home

CHAPTER 4-11 NOISE § 4-1-1100 SHORT TITLE. This Article shall be known and may be cited as the "Noise Ordinance." § 4-1-1105 POLICY AND PURPOSE. It is hereby declared to be the policy of the City of San Leandro, in the exercise of its police power, to protect the peace, health, safety and general welfare of the citizens of San Leandro from loud and unreasonable, unnecessary, or unusual noises which are prolonged, unusual, annoying, disturbing and/or unreasonable in their time, place and use and which are a detriment to public health, comfort, convenience, safety, general welfare and the peace and quiet of the City and its inhabitants. 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 Article 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 that are not detrimental to the health and welfare of the citizens of the City. Among the unacceptable noise sources identified in the City's General Plan are mobile sources such as airplanes, commuter and freight railroads, and highway traffic and other sources which are regulated exclusively by the Federal or the State Government. While in most instances the City may not intervene to address these problems directly, it is the strong policy of the city to work with responsible government agencies and elected officials to reduce the real and damaging effects of these noise- producing activities on the quality of life of the City's residents. § 4-1-1110 GENERAL PROHIBITION. (a) It is unlawful for any person, as defined in Section 1-14-100(h) of this Code, to make, continue, or cause to be made or continued within the limits of said City, any disturbing, excessive or offensive noise which causes discomfort or annoyance to reasonable persons of normal sensitivity, including loud, unreasonable, unusual, penetrating or boisterous noise, disturbance or commotion which annoys, disturbs, injures or endangers the comfort, repose, health, peace and quiet within the limits of the City, and the acts and things listed in this chapter, among others, are declared to be loud, disturbing, injurious and unreasonable noises in violation of this Chapter, but shall not be deemed to be exclusive. (b) The characteristics and conditions which should be considered in determining whether a violation of this section exists include, but are not limited to, the following: (1) The level of the objectionable noise. (2) The level of the ambient noise. (3) The proximity of the noise to residential property.