8.16.050 Special provisions and exceptions

8.16.050 Special provisions and exceptions.

The basic noise regulation specified in Section 8.16.030 may be exceeded without permit in any instances listed below. At all other times, noise from illicit activities shall not exceed the basic noise regulation established in Section 8.16.030:

1. Construction and delivery are exempt from the basic noise regulation during the times and on the days when construction activities are allowed pursuant to the terms and provisions of Chapter 15.40.

2. Residents/property owners when personally operating equipment are exempt from the basic noise regulation when they are personally undertaking construction activities to maintain or improve their property on Saturdays, Sundays, or holidays between the hours of ten a.m. and five p.m. Such activities are restricted to the use of hand and power tools only.

1. Power garden equipment including, but not limited to, leaf blowers, vacuums, power mowers, rototillers, and other similar equipment is exempt from the basic noise regulation between the hours of eight a.m. and six p.m. Monday through Friday, ten a.m. and five p.m. on Saturday and ten a.m. and three p.m. on Sunday.

2. Heavy duty equipment including but not limited to wood chippers, chain saws, stump removers and other similar equipment is exempt from the basic noise regulation between the hours of eight a.m. and five p.m. Monday through Friday only.

3. All garden, maintenance and construction equipment used in the town must be equipped with a muffler where applicable and be in good repair.

C. Motor Vehicles. Motor vehicles may be operated on public streets and highways within the town in accordance with the noise emission standards prescribed by the California Vehicle Code. It is the town’s policy that all sworn personnel be trained in the enforcement of the Vehicle Code.

D. Social Gatherings. The noise from social gatherings may exceed the basic noise regulation only as specified below, and only during the following days and times. Noise shall be measured from the property line of the complaining property.

1. Fridays, Saturdays, and holidays, ten a.m. to ten p.m. – noise shall not exceed seventy-five dBA;

2. Fridays and Saturdays, ten p.m. to midnight – noise shall not exceed seventy dBA;

3. Sundays, ten a.m. to eight p.m. – noise shall not exceed seventy-five dBA.

E. Animals. Sounds from animals are exempt unless such animal howls, barks, meows, squawks, or makes other noises continuously and/or incessantly for a period of five minutes or intermittently for one-half hour.

F. Emergency and Safety Devices. The provisions of this chapter shall not apply to:

1. The emission of sound for the purpose of alerting persons to the existence of an emergency;

2. The emission of sound in the performance of emergency response; or

3. The emission of sound in connection with the protection of the health and safety of Atherton residents or their property during emergency conditions. Warning devices necessary for the protection of public safety, for example, police, fire and ambulance sirens, and train horns, shall be exempted from the provisions of this chapter.

G. Little League Field at Holbrook-Palmer Park. Unless allowed by a permit to the contrary, the noise from practice and games at the Little League Field at Holbrook-Palmer Park may exceed the basic noise regulations during the Little League season between the hours of four-thirty p.m. to seven-thirty p.m. weekdays and eight forty-five a.m. to four-thirty p.m. Saturdays only. The noise levels produced by such games shall not exceed seventy-five dBA when measured at the property line of a complaining property.

H. Governmental Activities. Any noise sources associated with official governmental activities, including but not limited to tree and park maintenance, road work, or meetings, shall not be subject to the noise standards herein. (Ord. 657 § 2, 2023; Ord. 517 § 1, 2000; Ord. 514 § 2, 2000; Ord. 509 § 1 (part), 1999)