Noise Laws
Laws pertaining to noise:
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
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.
Laws pertaining to Nuisances:
California Civil Code Section 3479: Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.
California Civil Code Section 3480: A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal
Penal Code Section 370: Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a public nuisance.
Penal Code Section 371: An act which affects an entire community or neighborhood, or any considerable number of persons, as specified in the last section, is not less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal.
Penal Code section 372: Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor.
Penal Code Section 373a: Every person who maintains, permits, or allows a public nuisance to exist upon his or her property or premises, and every person occupying or leasing the property or premises of another who maintains, permits or allows a public nuisance to exist thereon, after reasonable notice in writing from a health officer or district attorney or city attorney or prosecuting attorney to remove, discontinue or abate the same has been served upon such person, is guilty of a misdemeanor, and shall be punished accordingly; and the existence of such nuisance for each and every day after the service of such notice shall be deemed a separate and distinct offense, and it is hereby made the duty of the district attorney, or the city attorney of any city the charter of which imposes the duty upon the city attorney to prosecute state misdemeanors, to prosecute all persons guilty of violating this section by continuous prosecutions until the nuisance is abated and removed.