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A. It is unlawful for any person in any commercial or residential zone in the City to make, continue or cause to be made or continued any disturbing, excessive, offensive, or unreasonable noise which disturbs the health, safety, general welfare or quiet enjoyment of property of others in any commercial or residential zone within the limits of the City. This section shall not in any way affect, restrict, or prohibit any activities incidental to scientific or industrial activities carried out in a reasonable manner according to the usual customs of scientific or industrial activities, conducted in areas zoned for such purposes, or upon lands which are under the jurisdiction of the board of commissioners of the San Diego Unified Port District.

B. The characteristics and conditions to consider in determining whether a noise is disturbing, excessive, offensive, or unreasonable in violation of this section shall include, but not be limited to, the following:

1. The degree of intensity 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 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.

C. The following activities, among others, are declared to cause disturbing, excessive, offensive, or unreasonable noises in violation of this section and to constitute a public nuisance:

1. Radios, Phonographs, Amplifiers and Other Devices. The using, operating, or permitting to be played, used, or operated of any radio receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifier, or other machine or device for the producing or reproducing of sound in a manner that disturbs the peace, comfort or quiet enjoyment of any reasonable person of normal sensitivity in the vicinity;

2. Animals and Birds. The keeping of any animal or bird which by frequent or long continued noise disturbs the peace, comfort or quiet enjoyment of property of any person in the vicinity;

3. Drums and Musical Instruments. The use of any drum or other musical instrument or device for the purpose of attracting attention by creation of noise, to any performance, show, or sale;

4. Loudspeakers, Amplifiers for Advertising. The using, operating or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the production or reproduction of sound which is heard upon a public street for the purpose of commercial advertising or attracting the attention of the public to any building or structure, so as to annoy or disturb the peace, comfort, or quiet enjoyment of property of persons in any office, dwelling, hotel, or other type of residence;

5. Yelling or Shouting. Loud or raucous yelling or shouting on public streets, particularly between the hours of 11:00 p.m. and 8:00 a.m. or at any time or place in a manner that creates a disturbance of the public order where the yelling or shouting is inherently likely to provoke an immediate violent reaction;

6. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, compressor, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;

7. Blowers. The operation of any noise-creating blower, power fan, or any internal combustion engine unless the noise from such blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise;

8. Power Machinery, Tools, and Equipment. The use of any tools, power machinery, or equipment or the conduct of construction and building work in residential zones so as to cause noises disturbing to the peace, comfort, and quiet enjoyment of property of any person residing or working in the vicinity between the hours of 10:00 p.m. and 7:00 a.m., Monday through Friday, and between the hours of 10:00 p.m. and 8:00 a.m., Saturday and Sunday, except when the work is necessary for emergency repairs required for the health and safety of any member of the community;

9. Motorcycle or Motor Vehicle Noises. No person operating a motorcycle or motor-driven cycle shall increase the engine’s revolutions per minute while the transmission is in neutral or the clutch is engaged so as to cause more noise to be emitted than is necessary for the normal operation of the vehicle. Further, any disturbing, excessive, offensive, or unreasonable noise made by any motorcycle or other motor vehicle not reasonably necessary in the operation of the cycle or vehicle under the circumstances is prohibited and includes but is not limited to noise caused by screeching of tires, racing or accelerating the engine, backfiring the engine, or other noise from the engine tailpipe or muffler;

10. Horns or Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle, street car or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any device for an unnecessary and unreasonable period of time; and the use of any signaling device when traffic is for any reason held up;

11. Swimming Pool Mechanical Equipment. Swimming pool mechanical equipment including, but not limited to, mechanical filters, pumps, chlorinators, and pool heaters shall be located or soundproofed so that such equipment will not create disturbing, excessive, offensive, or unreasonable noise that disturbs the peace and quiet enjoyment of property of persons residing in the neighborhood.

D. Prima Facie Violations. Any of the following shall constitute evidence of a prima facie violation of this section:

1. The operation of sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker and sound amplifier or similar machine or device in a residential zone between the hours of 11:00 p.m. and 8:00 a.m. in a manner as to be plainly audible at a distance of 50 feet from the building, structure, vehicle, or premises in which it is located;

2. The operation of any sound amplifier which is part of or connected to any radio receiving set, stereo, compact disc player, cassette tape player, or other similar device when operated at any time in a manner as to be plainly audible at a distance of 50 feet and when operated in a manner as to cause a person to be aware of vibration accompanying the sound at a distance of 50 feet from the source. (Ord. 3068 § 1, 2007; Ord. 1579 § 1, 1974; Ord. 1073 § 1, 1967; Ord. 755 § 1, 1961; prior code § 20.35.1).