Section 6.60.050 Prohibited noise disturbances.

B. Notwithstanding any of the provisions of this chapter, the following acts are prohibited within the unincorporated area of the county of Alameda, subject only to the exceptions of Section 6.60.070:

1. Radio, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, stereo, television set, audio equipment, electronic equipment, drum, musical instrument, or device which produces or reproduces sound at any time of day plainly audible at a distance of fifty (50) feet from such device. This section does not apply to places of public entertainment or to events for which a lawful permit has been obtained, provided that the activities producing sound are being conducted in compliance with the permit. This section does not apply to the operation of sound amplification systems in vehicles to the extent those systems are subject to California Vehicle Code Section 27007.

2. Animals and Birds. The keeping of any animal or bird, as pet or livestock, which causes frequent or continuous noise plainly audible at a distance of fifty (50) feet from such animal. For the purposes of this subsection, the animal noise shall not be deemed a disturbance or nuisance if the noise is 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 in response to someone teasing or provoking the animal.

a. Operation or use in residential areas between the hours of seven p.m. and seven a.m. on a weekday or between the hours of seven p.m. and eight a.m. on a weekend, of any electric or gasoline powered leaf blower, sweeper, vacuum, lawn mower, trimmer, edger, hedger or similar tool or device which produces sound which is plainly audible at a distance of fifty (50) feet from such device.

b. Repairing, rebuilding, modifying or testing any vehicle in residential areas between the hours of seven p.m. and seven a.m., in such a manner as to produce sound which is plainly audible at a distance of fifty (50) feet from the vehicle.

4. Emergency Signaling Devices. The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing; provided such testing is conducted as follows:

a. The testing of a stationary emergency signaling device shall not occur before seven a.m. or after seven p.m. Any such testing shall use only the minimum cycle test time, in no case shall such test time exceed sixty (60) seconds.

b. The testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before seven a.m. or after ten p.m. The time specified in subsection (B)(4)(a) of this section shall not apply to such complete system testing;

5. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within fifteen (15) minutes of activation. Pre-existing installations will be allowed a period of ninety (90) days for correction;

a. Sounding or permitting the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place, for more than ten seconds in any hourly period,

c. Sound sources covered by this provision and not exempted under subsection (B)(6)(b) of this section may be exempted by a variance issued by the director of environmental health;

7. Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of nine p.m. and six a.m. in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate the provisions of Section 6.60.040.

8. Vibration. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at one hundred fifty (150) feet (forty-six (46) meters) from the source if on a public space or public right-of-way.

C. Notwithstanding the provisions of Section 6.60.040, where the intruding noise source, as measured pursuant to Section 6.60.030, is a residential air conditioning or refrigeration system or associated equipment installed prior to July 1, 1980, the exterior noise level shall not exceed fifty-five (55) dB(A). The exterior noise level shall not exceed fifty (50) dB(A) for such equipment installed after July 1, 1980.

D. “Plainly audible” means any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic base component of the music is sufficient to constitute a plainly audible sound.

1. Activities which are governed by conditional use permits or other permits issued by the county, if those permits expressly regulate or control the amount of noise or sound which may be generated by the activities which are governed by the permit;

3. Unincorporated areas of the county outside the urban growth boundary, as defined by “Measure D” (“Save Agricultural and Open Space Lands Initiative of 2000”). (Ord. 2005-16 §§ 1-4; prior gen. code §§ 3-107.501— 3-107.503)