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"Every person is entitled to an environment in which the noise is not detrimental to his or her life, health, or enjoyment of property." San Diego Municipal Code, Noise Regulations, City Municipal Code; Article 9.5: Noise Abatement and Control, Division 1: General; §59.5.0101 Purpose and Intent, Item (d) |
Below are some City regulations that apply to Superior Ready Mix
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1) SOUND LEVEL LIMITS Article 9.5: Noise Abatement and Control, Division 1: General; §59.5.0401; Sound Level Limits, items (a), (b) This is the noise, measured in decibels, that a facility makes. In order to determine how loud the noise from the facility is, it is always measured at the property line of the facility. Superior Ready Mix is not allowed to exceed 62.5 decibels at its property line during the daytime because, while it may have industrial zoning, it adjoins residential zoning. (a) It shall be unlawful for any person to cause noise by any means to the extent that the one–hour average sound level exceeds the applicable limit given in the following table, at any location in the City of San Diego on or beyond the boundaries of the property on which the noise is produced. The noise subject to these limits is that part of the total noise at the specified location that is due solely to the action of said person. (b) The sound level limit at a location on a boundary between two zoning districts is the arithmetic mean of the respective limits for the two districts. 
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2) PUBLIC NUISANCE NOISE Article 9.5: Noise Abatement and Control Division 5: Public Nuisance Noise, “General Noise Regulations;” §59.5.0501 General Prohibitions This is noise that is annoying to the average person. It is measured where the noise is heard, not where the noise is coming from. (a) It shall be unlawful for any person to make, continue, or cause to be made or continued, within the limits of said City, any disturbing, excessive, or offensive noise which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. (b) The characteristics and conditions which should be considered in determining whether a violation of the provisions of this section exists should include, but not be limited to the following: (1) The level of the noise; (2) Whether the nature of the noise is usual or unusual; (3) Whether the origin of the noise is natural or unnatural; (4) The level of the ambient noise; (5) The proximity of the noise to sleeping facilities; (6) The nature and zoning of the area from which the noise emanates and the area where it is received; (7) The time of day or night the noise occurs; (8) The duration of the noise; and (9) Whether the noise is recurrent, intermittent, or constant. 3) COMPLIANCE Article 9.5: Noise Abatement and Control, Division 3: Noise Abatement Contract; Compliance; §59.5.0301 Contract Provisions (b) Contract Provisions No contract shall be awarded or entered into by The City of San Diego unless such contract contains provisions requiring that: Devices and activities which will be operated, conducted, or constructed pursuant to the contract and which are subject to the provisions of this Code, will be operated, conducted, or constructed without causing a violation of this article. (c) Regulations The Administrator may, from time to time, recommend to the City’s Purchasing Agent and/or other City departments such specifications for the operation or construction of devices and activities pursuant to City contracts. The Administrator shall make the recommendations necessary to achieve compliance with the provisions of this section. |