This zoning ordinance has been adopted to protect and promote the public health, safety and general welfare of the community and to implement policies contained in the Healdsburg General Plan and any specific plans adopted pursuant to the General Plan. More specifically, the zoning ordinance is intended to:

(e) Reduce the risk of injury or exposure to hazards for people and property.

(n) Provide protection from excessive, unnecessary and unreasonable noise for all residents from any and all sources within the community.

[ What is the definition of excessive, unnecessary, or unreasonable? This is why we need a new noise ordinance, to define these terms in both a technical and logical manner!]

(o) To control the adverse effect of noise on the community.

[ After a stumbling start, we now declare noise to have an adverse effect! We agree!]

In addition to the objectives contained in Sec. 100 of this ordinance, the R-1 districts are established to achieve the following purposes:

(g) To protect residential properties from the hazards, noise, and congestion created by commercial and industrial traffic.

[ Finally, the single family dwelling residential District zone. What do the Zoning regulations say about controlling noise pollution here? Subsection (g) only wants to protect us from the, noise created by "commercial and industrial traffic." Very perplexing, no mention of any other kind of noise source. How can that be?]

(h) To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, and other objectionable influences.

(g) To protect residential properties from the hazards, noise, and congestion created by commercial and industrial traffic.

(h) To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, and other objectionable influences.

[ Multi-Family dwellings have the same zoning ordinance protection objectives as the R-1 single family dwelling residential District above.]

In addition to the objectives prescribed in Sec. 100, commercial districts are included in the zoning ordinance to achieve the following purposes:

(f) To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic, and other objectionable influences incidental to adjacent industrial areas.

[ Here the objective is to protect commercial properties from adjacent industrial areas. Interesting, for some reason there are no objectives in the Residential districts to protect them from adjacent industrial or commercial area noises, with the exception of commercial and industrial traffic! (See Section 300 above.)

In addition to the objectives prescribed in Sec. 100, the following purposes are set forth for the establishment of industrial zoning districts:

(c) To protect residential and commercial properties and to protect nuisance-free,

Non-hazardous industrial uses from noise, odor, insect nuisance, dust, dirt, smoke, vibration, heat, cold, glare, truck and rail traffic, and from other objectionable influences, and from fire, explosion, noxious fumes, radiation, and other hazards incidental to certain industrial uses.

(h) Depth adjoining a freeway or railroad. No lot backing onto a freeway or railroad right-of-way shall have a depth of less than one hundred and thirty (130) feet, unless adequate alternative noise mitigation is provided, as approved by the Planning Director.

[ Loopholes, exemptions, exceptions and variances.  What is adequate? What is "alternative noise mitigation"? Is 130 feet an adequate alternative to some other mitigation?  Shouldn't we have a measurable sound level limit? Perhaps it should be the maximum sound level that is permitted for that zone?]

(c) No accessory structure used for human habitation, and no swimming pool, or structure containing machinery or other fixed equipment capable of creating noise audible outside of the structure shall be located closer than 5 feet to a side or rear property line.

[ Loopholes, exemptions, exceptions and variances.  If the machinery or other fixed equipment is capable of creating noise audible outside of the structure - what difference does 5 feet make?  Shouldn't we have a measurable sound level limit at the property line? Perhaps it should be the maximum sound level that is permitted for that zone?]

(f) A home occupation shall not create any radio waves, television interference or similar electronic interference on adjacent properties. Noise audible beyond the boundaries of the lot shall not be created.

[ Loopholes, exemptions, exceptions and variances. No Noise is permitted when audible beyond the boundaries of the lot! This sets a new standard for noise in Healdsburg.  Shouldn't we have a measurable sound level limit at the property line? Perhaps it should be the maximum sound level that is permitted for that zone?]

(s) Telecommunications - Noise and traffic.

All telecommunication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. To that end all the following measures shall be implemented:

(1) Outdoor noise producing construction activities shall only take place on weekdays (Monday through Friday) between the hours of 7:30 a.m. and 5:30 p.m. unless allowed at other times by the Planning Commission;

[ Loopholes, exemptions, exceptions and variances. Monday through Friday, between the hours of 7:30 a.m. and 5:30 p.m.? This is good!. Lets extend these hours to all Construction and Industrial sites in Healdsburg.]

(2) Backup generators shall only be operated during power outages and for testing and maintenance purposes. Noise attenuation measures shall be included to reduce noise levels to an exterior noise level of at least a Ldn of 60 dB at the property line and an interior noise level of a Ldn of 45 dB. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.; and

The following standards shall apply to residential visitor lodging operations:

The following regulations shall apply to any special event permit located within a residential visitor lodging dwelling:

(1) Amplified music or speech activity shall be in compliance with the noise regulations as set forth in Section 2130.

(2) No event shall last longer than one day and shall be limited to between the hours of 10:00 a.m. to 10:00 p.m. Any activities on the sites shall be in compliance with the noise regulations as set forth in Section 2130.

[ Loopholes, exemptions, exceptions and variances. Why do we need a paragraph (1) when paragraph (2) states "Any activities on the sites (site?) shall be in compliance with the noise regulations....? OK, why do we need paragraph (2)? If we have a noise regulation applicable to the zone where the Residential visitor lodging is located, why is it necessary to add additional references?]

(h) Non conforming uses

(1) Any commercial establishment which was engaged in the sale of alcoholic beverages where the business was in existence and lawfully operating before the effective date of this ordinance is herein after considered to be a legal nonconforming use. The City Council may, pursuant to the provisions of Article 23 of this Ordinance, at any time, require that a particular legal nonconforming business engaged in the sale of alcoholic beverages obtain a conditional use permit if it determines that such business is being operated in such a manner that it creates a nuisance to surrounding uses. A nuisance shall exist if and when an existing alcoholic beverage establishment operates in such a manner in the judgment of the City Council, so that any of the following regularly occurs: generation of excessive noise, inadequate crowd control, generation of excessive litter, inadequate parking facilities, excessive calls for police service, or existence of unsafe conditions as determined by the Building Official or the Fire Chief.

v. The alcoholic beverage establishment shall be operated in such a manner so that it at no time violates zoning standards regarding noise generation. The applicant shall present a Noise Management Plan to the Planning Director prior to the commencement of the use. Said plan shall establish the method by which noise impacts, including but not limited to, amplified music and patron noise from within the facility as well as patrons/pedestrians outside of the facility on the adjacent public sidewalk/street will be regulated to avoid disruption to the immediate neighborhood. Should complaints be received regarding noise disruption, the applicant shall take reasonable and practical steps as directed by the Planning Director to reduce the intensity, number and/or occurrences of these disruptions. Said steps may include, but are not limited to, the reduction of the number and/or volume of microphones, amplifiers and speakers; the installation of certain physical improvements designed to attenuate noise generation; the relocation of patron waiting/queuing areas to a location found to be acceptable to the Planning Director; and/or the reduction in hours for the commercial recreation activities. The Planning Director may require the preparation of an acoustical evaluation to quantify the noise levels and to suggest appropriate attenuation measures. Such an evaluation shall be funded by the applicant and directed by the Planning Director to be performed with no notice to owner/operator.

xi. The applicant shall, for the first 6 months, schedule a monthly meeting with the Planning Director and Chief of Police in order to identify and mitigate any noise/parking/lighting problems and/or neighborhood concerns.

xiii. A conditional use permit for an alcoholic beverage establishment may be recalled to the Planning Commission for review at any time at a public hearing due to complaints regarding lack of compliance with conditions of approval, traffic congestion, noise generation, or other adverse operating characteristics. At such time, the Commission may revoke the conditional use permit or add/modify conditions of approval.

[ Loopholes, exemptions, exceptions and variances. So what is "excessive noise"? What sound level on the Sound Level Meter is excessive? If we are to believe what is said in paragraph (v.), then "excessive noise" is ANY noise exceeding the noise standard for the zone where the establishment is located. (See Table 25 below.) 

The following standards shall be applied to control excessive noise in the community.

(a) No person shall produce, suffer, or allow to be produced by any machine, animal or device, or any combination of same on a property, a noise level more than the noise level standard established for the land use designations in subsection (b) on the property line of the property receiving the noise.

(b) The following noise level standards shall be applied in the City of Healdsburg:

(c) Special provisions

The following special provisions shall apply to the creation of excessive noise.

(1) Any noise source which does not produce a noise level exceeding 70 dBA at a distance of twenty-five (25) feet under the most noisy condition of the use shall be exempt from the provisions of Sections 2130 (a), (b), and (c) between the hours of 7 A.M. and 5 P.M. daily, except Sundays and holidays.

(2) Aural warning devices which are required by law to protect the health, safety and welfare of the community shall not produce a noise level more than 3 dB above the standard or minimum level stipulated by law.

[ City law, State law, Federal law? Do we mean Regulations instead of Law? Which is it, "standard" or "minimum"?]

(3) Emergencies are exempt from this article.

(4) Notwithstanding any other provision of this article, between the hours of 7:30 A.M. and 6 P.M. daily and not on Sundays and holidays, construction, alteration or repair activities which are authorized by a valid City permit shall be allowed if they meet at least one of the following noise limitations:

i. No individual piece of equipment shall produce a noise level exceeding

80 dBA at a distance of 25 feet. If the device is housed within a structure on the property, the measurement shall be made outside the structure at a distance as close to 25 feet from the equipment as possible.

ii. The noise level at any point outside of the property plane of the project shall not exceed 86 dBA.

[Loopholes, exemptions, exceptions, and variances. 86 dB(A) in any Zone, Commercial and Residential, 6 days each week, 10 1/2 hours per day!  How loud is 86 dB? ]

(d) If the applicant can demonstrate to the Planning Director that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this section would be impractical or unreasonable, a permit to allow exceptions from the provisions contained in all or a portion of this article may be issued, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be of as short a duration as possible up to six months, but renewable upon a showing of good cause, and shall be conditioned by a schedule for compliance and details of methods therefore in appropriate cases. Any person aggrieved with the decision of the Planning Commission or its designee may appeal to the City Council.

[ Sec. 2130 (d) - The 500 pound gorilla Loophole. Just make so much noise that you can't control it (or if it is "impractical or unreasonable" to control)( two more undefined words), Bingo!-you have a renewable six month exemption! Anybody want to object? Take it to the City Council!]

(e) Upon receipt of a complaint claiming that the noise standards outlined above have been violated, the Planning Director shall cause an investigation of noise conditions to be completed. The Planning Director may retain the services of a professional, registered acoustical engineer to perform noise measurements in accord with the standard set forth in this section. If it is determined and documented that violations of noise standards have occurred, the Planning Director shall refer the entire matter to the City Attorney for action. The individual, firm, association or party found to have caused the excessive noise to occur shall bear all expenses of the acoustical engineer charged to the City in the investigation of the incident.

[Sec. 2130 (e) - This is the entire enforcement provision in this set of noise regulations. We have the the 500 pound gorilla above, and the Toy Poodle and his buddy the Chihuahua nipping at his ankles. No resolution promised. Total time from complaint to questionable relief - six months to a year. Worst thing that can happen to the noise polluter - he gets a relatively small bill for the acoustical engineer's time.]

Boston, Mass.

Davis, California

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