California State Government Code
Section 65302
Mandates that noise elements be
included as a part of city general plans and that cities adopt
comprehensive noise ordinances.
4600. The
Legislature hereby finds and declares that:
(a) Excessive noise is a serious hazard to the public
health and welfare.
(b) Exposure to certain levels of noise can result in
physiological, psychological, and economic damage.
(c) There is a continuous and increasing bombardment of
noise in the urban, suburban, and rural areas.
(d) Government has not taken the steps necessary to provide
for the control, abatement, and prevention of unwanted and hazardous
noise.
(e) The State of California has a responsibility to protect
the health and welfare of its citizens by the control, prevention, and
abatement of noise. (f) All Californians are entitled to a peaceful and
quiet environment without the intrusion of noise which may be hazardous
to their health or welfare.
(g) It is the policy of the state to provide an environment
for all Californians free from noise that jeopardizes their health or
welfare. To that end it is the purpose of this division to
establish a means for effective coordination of state activities in
noise control and to take such action as will be necessary to achieve
the purposes of this section.
46001. No
provision of this division or ruling of the Office of Noise Control is a
limitation or expansion:
(a) On the power of a city, county, or city and county to
adopt and enforce additional regulations, not in conflict therewith,
imposing further conditions, restrictions, or limitations.
(b) On the power of any city, county, or city and county to
declare, prohibit, and abate nuisances.
(c) On the power of the Attorney General, at the request of
the office, the state department, or upon his own motion to bring an
action in the name of the people of the State of California to enjoin
any pollution or nuisance or to protect the natural resources of the
state.
(d) On the power of a state agency in the enforcement or
administration of any provision of law which it is specifically
permitted or required to enforce or administer. (e) On the right of any person to maintain at any
time any appropriate action for relief against any private nuisance as
defined in the Civil Code or for relief against any noise pollution.
46022.
"Noise" means and includes excessive undesirable sound,
including that produced by persons, pets and livestock,
industrial equipment, construction, motor vehicles, boats, aircraft,
home appliances, electric motors, combustion engines, and any other
noise-producing objects.
46060. It is the
purpose of this chapter to encourage the enactment and enforcement
of local ordinances in those areas which are most properly the
responsibility of local government. It is further the purpose to
insure that the state is of maximum assistance to local agencies in the
discharge of those responsibilities, furnishing technical and legal
expertise to assist local agencies in the enactment and enforcement of
meaningful and technically sufficient noise abatement measures.
44507. "Pollution"
means an alteration of the quality of the environment of the state and
shall be determined by the various standards prescribed from time to
time by this state, the federal government, or any agency, department,
or political subdivision of this state or the federal government, and
may include, but is not limited to, earth, air, or water pollution,
pollution caused by solid or hazardous waste disposal, thermal
pollution, radiation contamination, the release of hazardous materials, or
noise pollution. Pollution also includes, but is not limited to, the
contamination of soil or groundwater resulting from the release of
hazardous materials, as defined in Section 25260, or the presence of
asbestos or lead paint, at sites with a reasonable potential for
economically beneficial reuse.
HEALTH AND SAFETY CODE SECTION 46060-46062 Office of Noise Control 46062. The office shall provide assistance to local
agencies in the preparation of model ordinances to control and abate
noise. Such ordinances shall be developed in consultation with the
Attorney General and with representatives of local agencies, including the
County Supervisors Association of California and the League of California
Cities. Any local agency which adopts any noise control ordinance
shall promptly furnish a copy to the office.
California Land Use Compatibility
Noise Guidelines
LAND USE CATEGORY -- Residential - Low Density, Single-Family, Duplex
, Mobile Homes
Normally
Acceptable
Conditionally
Acceptable
Normally
Unacceptable
Clearly
Unacceptable
50-60 dBA
55-70 dBA
70-75 dBA
75-85 dBA
Source: California Land Use Compatibility
Noise Guidelines - Community Noise Equivalent Level (CNEL*)
Ambient noise: background
or existing noise level. The composite of noise from all sources near
and far in a given environment, exclusive of occasional and transient intrusive
noise.
CNEL (Community Noise Equivalent Level):
a noise measurement scale applied over a 24-hour
period to all noise events received at the measurement point. It is weighted
more heavily for evening and night periods in order to account for the lower
tolerance of individuals to noise during those
periods.
EIR:environmental impact report, a
requirement of CEQA.
EIS:environmental impact statement, a
requirement of NEPA.