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Some advice re: noise
. . when noise becomes too much . .
EDITOR'S NOTE: Dealing with excessive noise can be problematic. But there ARE rules about this quality of life issue, and it helps to become informed about them. Here are those collected by an LACP member which she offers for your consideration.
Here is some information from the Noise Enforcement Team of the LAPD.
It doesn't say so here, but if they have to ask the noisy people to
quiet down three times, they can confiscate their equipment.
Introduction
Barking dogs, construction equipment, amplified musical instruments,
trash trucks, and loud parties are all examples of noise found in
major urban areas. Understandably, certain noise levels must be
tolerated by all citizens in order for normal functions of urban life
to continue. However, excessive, unnecessary, and/or annoying noise
is subject to regulation. On March 29, 1982, the City Council adopted
a new Noise Ordinance that established limits on noise pollution, set
enforcement responsibilities, and provided penalties for violations.
Noise Ordinance
On January 24, 1973, Ordinance No. 144.331 became effective, adding
Chapter XI, entitled "Noise Regulation" to the Los Angeles Municipal
Code. This chapter empowered the City to prohibit unnecessary,
excessive, and annoying noise from all sources subject to its police
powers. Enforcement responsibilities were divided between the Police
Department and the Department of Building and Safety. During the
intervening years, enforcement efforts revealed a need to further
define the enforcement responsibilities, to incorporate new sound
level measurement procedures, and to establish complaint enforcement
expertise within the department. The City Council amended the Noise
Ordinance on March 29, 1982, to include new sound level measurement
procedures, reconcile conflicting noise level limits, and more
clearly define enforcement responsibilities of concerned City
departments.
Enforcement Responsibility
The responsibility for enforcement of the Noise Ordinance is now
delegated to the Police Department, Department of Building and
Safety, and the Department of Animal Regulation.
The Police Department is responsible for the enforcement of Noise
Ordinance violations involving people--generated or controlled noises--which are considered disturbances of the peace. The following is a
list of Los Angeles Municipal Code (LAMC) sections of the Noise
Ordinance and a summary of the elements that constitute a violation:
41.32 LAMC-Theatres and Sound Amplifiers
Operating any sound amplifying system;
As a part of any show;
In such a manner that is audible to the human ear;
More than 50 feet from the property line or structure where the
show is being conducted.
41.40 LAMC- Construction Noise
Engaging in construction, repair, or excavation work with any
construction type device, or job-site delivering of construction
materials without a Police Commission permit;
Between the hours of 9:00 p.m. and 7:00 a.m.;
In any residential zone, or within 500 feet of land so occupied,
before 8:00 a.m. or after 6:00 p.m. on any Saturday, nor at any time
on any Sunday;
In a manner as to disturb the peace and quiet of neighboring
residents or any reasonable person of normal sensitiveness residing
in the area.
41.42 LAMC-Music Reproducing Devices
Every owner or operator of any public resort;
Where phonograph, loud speaker, or any other device for the
reproduction of sound is played for hire;
Shall not allow the playing of such device;
Between the hours of 2:00 a.m. and 5: 00 a.m.
41.44 (c) LAMC- Miniature Golf (noise signs)
Every owner or operator of any miniature golf course;
Shall display in a conspicuous place;
At least 4 signs, in English, in letters at least 2 inches in
height;
Requesting patrons to refrain from unnecessary noise.
41.44 (4) e LAMC-Miniature Golf (sound devices)
Operating any radio, or Sound producing device;
Upon any miniature golf course or driving range;
Between the hours of 10:00 p.m. and 7:00 a.m.
41.57 LAMC- Loud and Raucous Noise
Every person who allows, causes, or permits;
Loud noises from any sound making or amplifying device;
On any private property, public street, of any other public place;
In such a manner as to interfere with the peace and quiet of any
person within or upon any of such places.
Note: Need to consider hour, place, nature of noise, and any other
circumstances.
112.01 LAMC- Radios, Television Sets, and Similar Devices
Operating any radio, television, phonograph, musical 'instrument,
or other sound producing device;
Audible to the human ear at a distance in excess of 150 feet from
the property line of the noise source;
In a residential zone or within 500 feet thereof;
In such a manner as to disturb the peace, quiet, and comfort of
neighboring residents or any reasonable person of normal
sensitiveness residing in the area.
113.01 LAMC- Rubbish and Garbage Collection
Engaging in the commercial collection or disposing of rubbish or
garbage;
In a residential zone or within 200 feet thereof;
Between the hours of 9:00 p.m. and 6:00 a.m.
114.01 LAMC- Vehicle Repair
Engaging in the repair or rebuilding of a motor vehicle;
In a residential zone or within 500 feet thereof;
Between the hours of 8:00 p.m. and 8: 00 a.m.;
Audible to the human ear at a distance in excess of 150 feet from
the property line of the noise source;
In a manner which causes discomfort or annoyance to a reasonable
person of normal sensitiveness residing in the area.
114.02(a) LAMC- Vehicle Engine, Horn, and Vehicle Noise
Every person who unreasonably operates a motor vehicle, accelerates
the engine, or sounds the horn;
As to disturb the peace, quiet, and comfort of any neighborhood or
of any reasonable person residing in such area;
Audible to the human ear at a distance in excess of 150 feet from
the property line of the noise source.
Note: This section shall not be applicable to any vehicle which is
operated upon any public highway, street, or right-of-way, or to the
operation of any off highway vehicle to the extent it is regulated in
the Vehicle Code.
115.02 LAMC- Amplified Sound
Engaging in the installation, use, or operation of any loudspeaker
or sound amplifying equipment in a fixed or movable position;
For the purposes of giving instruction, directions, talks,
addresses, lectures, or transmitting music to any persons 'in or on
any public street, sidewalk, park, or other public place;
For commercial purposes in a residential area or within 500 feet
thereof at any time H 15.02 [a] L.A.M.C.);
OR
For non-commercial purposes in a residential zone or within 500
feet thereof (except school and church purposes), between 4:30 p.m.
and 9:00 a. m. (115.02 [ b I L. A. M. C.);
OR
For commercial purposes in a nonresidential zone between 9:00 p.m.
and 8:00 a.m. (115.02 [c] L.A.M.C.);
OR
For non-commercial purposes more than 500 feet from residential
zones between 10:00 p.m. and 7:00 a.m. (115.02 [d] L.A.M.C.);
OR
Emitting sounds other than human speech and/or music (115.02 [e]
L.A.M.C.);
OR
Emitting sounds audible at a distance in excess of 200 feet, or
sounds which are loud, raucous, or disturbing to reasonable persons
of normal sensitiveness within the area of audibility ( 115.02 [f ]
L.A.M.C.);
OR
Within 200 feet of any hospital grounds or any school or church
building while in use (115.02 [g] L.A.M.C.).
116.01 LAMC- General Noise
Willfully making or causing to be made or continued;
Any loud, unnecessary, and unusual noise;
Which disturbs the peace or quiet of any neighborhood or which
causes discomfort or annoyance to any reasonable person of normal
sensitiveness residing in the area.
Note: In determining whether or not a noise violates this section,
officers should consider the following factors:
Level of the noise;
Nature of the noise (usual or unusual);
Origin of the noise (natural or unnatural);
Level and intensity of any background noise;
Proximity of the noise to sleeping facilities;
Nature and zoning of the area;
Density of inhabitation in the area;
Time of day or night the noise occurs;
Duration of the noise;
Whether the noise is recurrent, intermittent, or constant;
Whether the noise is produced by commercial or non-commercial
activity.
The Department of Building and Safety is responsible for the
enforcement of Noise Ordinance violations involving noises from
permanently installed mechanical equipment and similar sources which
can only be measured through the use of electronic noise level
meters. This equipment, such as an air conditioning unit, a Jacuzzi,
or a generator at a construction site, may be operated manually or
automatically.
The Department of Animal Regulation is responsible for the
enforcement of Noise Ordinance violations involving animal-generated
noises, such as barking dogs or crowing roosters.
While the new Noise Ordinance more clearly defines responsibilities
for enforcement of specific noise violations, the Department may be
called upon to respond to noise complaints involving violations that
are the primary responsibility of another City department. Officers
receiving a complaint that is within the purview of the Department of
Building and Safety may directly notify that agency's Conservation
Bureau at 485-7069. A person complaining of animal-generated noise
should be advised to notify, in writing, the nearest Department of
Animal Regulation facility for enforcement action. Officers may
contact Traffic Coordination Section, Office of Operations, during
normal business hours, for advice in resolving overlapping
enforcement responsibilities.
Enforcement Guidelines
A violation of the Noise Ordinance is a misdemeanor. Officers
responding to a complaint regarding a violation of the Noise
Ordinance may:
advise the concerned parties of the violation,
seek to gain voluntary compliance,
direct parties to other enforcement entities when appropriate,
complete a crime report,
accept a lawful citizen's arrest, or
prepare a complaint application.
A complaint application is used when the violator is a corporation or
other business entity. The name of the corporation or business should
appear as the defendant on the complaint application, and the name
and identification of any observed violator is placed in the
narrative of the report.
Any enforcement action must be supported by a thorough investigation
establishing all the elements of the violation in the required
reports. As the Police Commission has authority to grant permits
allowing deviation from the noise restrictions for those regulations
within the purview of Department responsibility, the investigation
must document the absence of such permits or that the noise violation
exceeds permit limitations.
Noise Enforcement Team (NET)
The Noise Enforcement Team (NET) is a Department unit comprised of
specially trained officers deployed Citywide to aggressively enforce
the Los Angeles Noise Ordinance. These officers utilize specialized
equipment to monitor noise complaints where the situation is ongoing,
aggravated, or where voluntary compliance cannot be achieved.
Aggravated and ongoing noises are those that are generated or
controlled by people, and have not been resolved through routine
police enforcement. Usually they require special expertise and
equipment to determine whether a violation exists or infringes upon
constitutional guarantees, such as free speech.
In the event of an aggravated or on-going noise problem, officers
should notify NET at Traffic Coordination Section, for enforcement
advice. The following information will be needed when contacting NET:
type of complaint (trash truck, rehearsal hall, bar),
complaint location,
hours of occurrence,
days of the week,
complaining party (name, address, and telephone number), and
reporting district.
All calls to NET should be made during normal business hours at 213-847-3398.
Gas Powered Leaf Blower Enforcement
Gas powered leaf blowers increase the presence of airborne particles,
which may cause problems for persons suffering from asthma, hay
fever, or other upper respiratory ailments.
Los Angeles Municipal (LAMC) Section 112. 04 (c) bans the use of the
gas powered leaf blower device to minimize the nuisance and health
related problems attributed to this type of equipment.
112.04(c) LAMC -
The following ordinance became effective on February 13, 1998:
"No gas powered blower shall be used within 500 feet of a residence
at anytime. Both the user of such a blower as well as the individual
who contracted for the services of the user if any, shall be subject
to the requirements of and penalty provisions for this ordinance.
Violation of the provisions of this subsection shall be punishable as
an infraction in an amount not to exceed One Hundred Dollars($100)."
This section does not preclude anyone from using other devices such
as a gas powered vacuum device or electric leaf blower.
Officers enforce Los Angeles Municipal Code Section 112.04(c) in the
same manner as any other infraction.
The Los Angeles Police Department has primary enforcement
responsibility for this Ordinance. Community members may also
register complaints with the Street Use Inspection Division,
Department of Public Works, at 1-800-996-CITY (Leaf blower Complaint
Line).
An officer who responds to a radio call and/or otherwise observes
anyone operating a gas powered leaf blower within 500 feet of a
residence within the City of Los Angeles, may take the following
enforcement action:
*Inform the operator of the leaf blower that they are in violation of
Section 112.04(c) LAMC.
Phone Numbers
Alarms (Residence and Business) Commission Investigation Unit
213-485-2931
Animal Control
419 South Spring Street, 14th floor
888-452-7381
Air Quality Management District
800-288-7664 or 800-288-7664
(Emission problems, smoking vehicles, air health hazards)
Consumer Affairs
213-897-2975
Cal OSHA
626-966-1166
Department of Building and Safety
888-524-2845 or 888-LA4BUILD
500 Shatto Place,
Suite 520
Los Angeles, CA 90020
(Fixed machinery, Air Conditioning, Heating, Pumping, Filtering,
Equipment)
Los Angeles Fire Department
213- 485-5971
Los Angeles Department of Public Health
213-881-4000 or 213-351-7786
Los Angeles Housing Department
213-473-6700
Leaf Blower Hotline (City of LA)
800-996-CITY
No Smoking Complaint Line
213-485-2108
Public Utility Commission
213-897-2973
Spanish Line
213-485-4333
Postal Service
213-301-1160 |
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