a. Ambient noise. The composite of noise from all sources within a given area. Ambient noise constitutes the existing level of environmental noise at a given location.

b. Noise disturbance. Any sound which, because of its loudness (amplitude), duration, or character, disturbs, injures or endangers the public comfort, health, peace or safety within the limits of the City of Petaluma.

c. Decibel (dB). The measurement unit used for loudness of sound/noise.

d. A-Weighted Sound Level (dBA). A decibel scale that approximates the way the human ear responds to frequency levels.

e. Equivalent Sound Level (Leq). A term used to assign a single value A-weighted decibel level to the measured average sound exposure over a period of time.

f. Noise Control Officer. The City of Petaluma Community Development Director and the City of Petaluma Police Chief or his/her designee.

g. Quiet City. A City that strives to minimize the amount of noise to which the community, particularly a residential area, is exposed through the implementation of enforceable noise standards.

a. The following specific acts, subject to the exemptions provided in Section 21.040(A)(5), are declared to be public nuisances and are prohibited:

b. In the case of urgent necessity and in the interest of public health and safety, the Noise Control Officer may issue a permit for exemption from the requirements with subsection 21.040(A)(3). Such period shall not exceed ten (10) working days in length but may be renewed for successive periods of thirty (30) days or less, not to exceed a total of 90 days while the emergency continues. Requests for exemptions beyond 90 days shall require public hearing approval. The Noise Control Officer 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 operation of any licensed motor vehicle in violation of the State Vehicle Code or the operation of stereo, public address or other such amplified equipment on or within a motor vehicle in violation of the State Vehicle Code.

d. Continued or repeated operation of a Public Address System between the hours of 10:00 a.m. and 7:00 p.m. daily shall not exceed a decibel level of 5 dBA above the measured ambient of the area in which this activity is occurring. Unless specifically approved by the City of Petaluma (i.e. Use Permit, Parks Director, Exception or Exemption from this Code Sec.) no Public Address System shall be permitted during the hours of 7:00 p.m. to 10:00 a.m.

a. If the measured ambient level is greater than 60dB, the Maximum Noise Exposure standard shall be adjusted in 5dB increments for each time period as appropriate to encompass or reflect the measured ambient noise level. In no case shall the maximum allowed threshold exceed 75dB after adjustments are made.

b. In the event the measured ambient noise level is 70dB or greater, the maximum allowable noise level shall be increased to reflect the maximum ambient noise level. In this case, adjustments for loudness and time as contained in Table I shall not be permitted.

c. No person shall cause or allow to cause, any source of sound at any location within the incorporated City or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which when measured on the property where the noise disturbance is being experienced within public or private open/outdoor spaces, exceeds the noise level of Table 21.1.

a. Aerial warning devices which are required by law to protect the health, safety and welfare of the community shall be exempt from the provisions of this chapter.

b. Emergency vehicle responses and all necessary equipment utilized for the purpose of responding to a declared state of emergency are exempt from this chapter.

c. Airport, river operations that significantly contribute to commercial and industrial tonnage figures on the Petaluma River, and railroad operations.

d. The operation of garbage collection and other municipal or utility vehicles.

e. Uses established through the discretionary review process containing specific noise conditions of approval and/or mitigation measures.

a. Authorities. The Noise Control Officer is authorized to grant exceptions from any provision of this chapter, subject to limitations of proximity to noise sensitive uses, noise levels, time limits and other terms and conditions as the Noise Control Officer determines are appropriate to protect the public health, safety and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any permit or license required by law for such activities.

b. Application. Any person seeking an exception pursuant to this section shall file an application with the Noise Control Officer consistent with the provisions and requirements of Section 24.060(K) (Minor Conditional Permits). The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The application shall be accompanied by a fee as established by Council Resolution. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Any individual who claims to be adversely affected by allowance of the exception may file a statement with the Noise Control Officer containing any information to support his/her claim. If at any time the Noise Control Officer finds that a sufficient controversy exists regarding an application, a public hearing before the Planning Commission may be held.

c. Decision Criteria. In determining whether to grant or deny the exception application, the Noise Control Officer shall balance denial as a hardship on the applicant against:

Applicants for exceptions and persons contesting exceptions shall be required to submit such information as the Noise Control Officer may reasonably require to adequately address the above five areas of consideration.

d. Approval/Findings. Exceptions shall be granted by notice to the applicant containing all necessary conditions. The exception shall not become effective until all conditions (if any) are agreed to in writing by the applicant. Noncompliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this chapter for which the exception was granted.

e. Term of Exception. The term of the exception shall run continuously with the associated use and shall terminate upon cessation of the use for a period of six (6) months or more. An exception shall only be transferred to a similar use at the same location upon the Noise Control Officer receiving sufficient information to find that: the new use is of the same or lesser intensity; and, the new use will not substantially alter the pattern of noise generation established by the previous use (i.e., increase evening or morning noise over the previous use).