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Noise
Enforcement
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
213-473-7840.
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.
Enforcement
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
What can
I do about my noisy neighbors?
A noisy neighbor may create a disturbance by having a loud
television, stereo, or radio. These types of complaints are
best handled by a resident’s local police station because
the loud noise is intermittent, occasional, or spontaneous.
A loud party is also best resolved by the officers assigned
to the area.
The Noise
Enforcement Team (NET) is responsible for the investigation
of complaints of ongoing and aggravated noise which require
monitoring with sound level meters or which are of a
habitual nature. Two common examples are a garage or
residence being used as a rehearsal hall or local bars where
music or amplified sound disturbs those residing or working
in the area. You can contact the Noise Enforcement Team at
213-473-7840. The Animal Regulation Department handles
barking dog complaints.
What is
the law regarding loud vehicle alarms?
The law regarding loud
vehicle theft alarm systems is contained in the California
Vehicle Code, Section 22651.5 and in the Los Angeles
Municipal Code Section 114.06. Section 22651.5 in part
states that a police officer may, upon complaint, remove a
vehicle if the vehicle theft alarm system has been activated
for 20 minutes upon the officer’s arrival, and the alarm has
not silenced within that time. Section 114.06 states in part
that it shall be unlawful for any person to install,
operate, or use any vehicle theft alarm system that emits or
causes the emission of an audible sound, which is not, or
does not become automatically and completely silenced within
five minutes. The local patrol division would be the ones to
handle this type of request for service.
What are
the regulations regarding construction-related noise?
The regulations
regarding construction-related noise prohibits a person,
between the hours of 9:00 p.m. and 7:00 a.m. of the
following day, to perform any construction or repair work of
any kind. However, there are exceptions to this ordinance
contained in three different subsections. For clarification,
contact the Noise Enforcement Team at 213-473-7840.
What can
I do about barking dogs in my neighborhood?
Although pets can provide much companionship and love, they
can also become a nuisance to an entire neighborhood if not
cared for properly. All barking dog or other nuisance
complaints are handled by the City’s Animal Care and Control
Department. Barking dog complaints must be submitted in
writing to your local Animal Care and Control Center with
the name, address, and telephone number of the complaining
party, a description of the nuisance, as well as name and
address of the dog owner. For further information, please
contact your local Animal Care and Control Center listed
below:
Main
Office
419 South
Spring Street
Los Angeles,
CA 90013
213-473-8253
8:00 a.m. to
5:00 p.m. Monday-Friday
District
Offices Hours:
8:00 a.m. to
5:00 p.m. Mon-Sat, 8:00 a.m. to 7:00 p.m. Wednesday.
(24-hour emergency services available)
North
Central Animal Care and Control Center
3201 Lacy
Street
Los Angeles,
CA 90031
213-485-8855
South
Central Animal Care and Control
3612
Eleventh Avenue
Los Angeles,
CA 90018
213-485-0214
Harbor
Animal Care and Control Center
735 Battery
Street
San Pedro,
CA 90731
310-548-7500
West Los
Angeles Animal Care and Control Center
11950
Missouri Avenue
Los Angeles,
CA 90025
310-207-0683
East
Valley Animal Care and Control Center
13131
Sherman Way
North
Hollywood, CA 91605
818-756-9605
West
Valley Animal Care and Control Center
20655
Plummer Street
Chatsworth,
CA 91311
818-756-7713
How can I
report animals running loose in my neighborhood?
Complaints about stray, lost, or abandoned dogs, cats or any
other animal should be addressed to your nearest Animal Care
and Control center.
Main
Office
419 South
Spring Street
Los Angeles,
CA 90013
213-473-8253
District
Offices Hours:
8:00 a.m. to
5:00 p.m. Mon-Sat, 8:00 a.m. to 7:00 p.m. Wednesday.
(24-hour emergency services available)
North
Central Animal Care and Control Center
3201 Lacy
Street
Los Angeles,
CA 90031
213-485-8855
South
Central Animal Care and Control
3612
Eleventh Avenue
Los Angeles,
CA 90018
213-485-0214
Harbor
Animal Care and Control Center
735 Battery
Street
San Pedro,
CA 90731
310-548-7500
West Los
Angeles Animal Care and Control Center
11950
Missouri Avenue
Los Angeles,
CA 90025
310-207-0683
East
Valley Animal Care and Control Center
13131
Sherman Way
North
Hollywood, CA 91605
818-756-9605
West
Valley Animal Care and
Control
20655
Plummer Street
Chatsworth,
CA 91311
818-756-7713
What laws
and regulations exist to protect the public from excessive
and annoying noise?
The laws and regulations that exist to protect the public
from excessive and annoying noise are numerous. Two of the
most common noise complaints are rubbish collection within
200 feet of any residential building between the hours of
9:00 p.m. and 6:00 a.m., and, vehicle loading or unloading
between the hours of 10:00 p.m. and 7:00 a.m. of the
following day, which causes impulsive sound, raucous or
unnecessary noise within 200 feet of any residential
building. These types of noise complaints are best handled
by notifying the Noise Enforcement Team.
The
enforcement of noise ordinances depends on different
variables existing at the time of the officer's
investigation. Sometimes officers warn the suspected
violator, and that resolves the noise complaint. However,
the officer may need to cite the violator, or submit an
application of Complaint to the City Attorney's Office to
resolve the noise complaint in an expedient and fair manner.
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