Modesto |
Code of Ordinances |
Title 4. PUBLIC WELFARE, SAFETY AND HEALTH |
Chapter 9. NOISE REGULATIONS |
Article 1. General Noise Regulations |
§ 4-9.103. Enumeration.
The following specific acts, subject to the exemptions provided in Section 4-9.104, are declared to be public nuisances in violation of Section 4-9.102, namely:
(a)
The loud and raucous discharge into the open air of the steam of any steam equipment or exhaust from any stationary internal-combustion engine.
(b)
The loud and raucous operation or use of any of the following before 7:00 a.m. or after 9:00 p.m. daily (except Saturday and Sunday and State or federal holidays, when the prohibited time shall be before 9:00 a.m. and after 9:00 p.m.):
(1)
A hammer, or any other device or implement used to pound or strike an object.
(2)
An impact wrench, or other tool or equipment powered by compressed air.
(3)
A hand-powered saw.
(4)
Any tool or piece of equipment powered by an internal-combustion engine such as, but not limited to, chain saw, backpack blower, and lawn mower. Except as included in subsection (a)(6) below, motor vehicles, powered by an internal-combustion engine and subject to the California Vehicle Code, are excluded from this prohibition.
(5)
Any electrically powered (whether by alternating current electricity or by direct current electricity) tool or piece of equipment used for cutting, drilling, or shaping wood, plastic, metal, or other materials or objects, such as, but not limited to, a saw, drill, lathe, or router.
(6)
Any of the following: heavy equipment (such as but not limited to bulldozer, steam shovel, road grader, back hoe), ground drilling and boring equipment (such as but not limited to derrick or dredge), hydraulic crane and boom equipment, portable power generator or pump, pavement equipment (such as but not limited to pneumatic hammer, pavement breaker, tamper, compacting equipment), pile-driving equipment, vibrating roller, sand blaster, gunite machine, trencher, concrete truck, and hot kettle pump.
(7)
Any construction, demolition, excavation, erection, alteration, or repair activity.
In the case of urgent necessity and in the interest of public health and safety, the Chief Building Official may issue a permit for exemption from the requirements within subsection (b) of this section. Such period shall not exceed three (3) working days in length while the emergency continues but may be renewed for successive periods of three (3) days or less while the emergency continues. The Chief Building Official may limit such permit as to time of use and/or permitted action, depending upon the nature of the emergency and the type of action requested.
(c)
The loud and raucous use or operation of any radio, amplifier, phonograph, stereo, compact disc or tape player, loudspeaker, bullhorn, megaphone, or other device for the producing or reproducing of sound.
(d)
Loud and raucous yelling, shouting, talking, whistling, or singing between the hours of 10:00 p.m. and 7:00 a.m. on any day.
(e)
The owning, possessing, controlling, harboring, or keeping of any dog, cat, or other animal or fowl which by howling, yelping, whining, barking, or otherwise causes a loud and raucous noise.
(f)
The loud and raucous use of any drum, guitar, horn, or other musical instrument or device.
(Added by Ord. 2752-C.S., § 1, effective 3-27-91)