Chapter 1Findings, Declarations, and Intent

Section § 46000

Explanation

This section emphasizes that excessive noise is a significant threat to public health and well-being. The impact of noise can cause physical, mental, and economic harm. Noise pollution is increasing across different areas, and the government has not done enough to address it. The State of California has a duty to control and reduce noise to protect its citizens' health and welfare. All residents should have the right to a peaceful environment, free from harmful noise. The state's policy aims to ensure such an environment through coordinated efforts in noise control.

The Legislature hereby finds and declares that:
(a)CA Health and Safety Code § 46000(a)  Excessive noise is a serious hazard to the public health and welfare.
(b)CA Health and Safety Code § 46000(b)  Exposure to certain levels of noise can result in physiological, psychological, and economic damage.
(c)CA Health and Safety Code § 46000(c)  There is a continuous and increasing bombardment of noise in the urban, suburban, and rural areas.
(d)CA Health and Safety Code § 46000(d)  Government has not taken the steps necessary to provide for the control, abatement, and prevention of unwanted and hazardous noise.
(e)CA Health and Safety Code § 46000(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)CA Health and Safety Code § 46000(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)CA Health and Safety Code § 46000(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.
noise pollution public health noise control environmental noise health hazards noise abatement state responsibility noise prevention urban noise rural noise government action peaceful environment California citizens health psychological impact of noise economic impact of noise
(Added by Stats. 1975, Ch. 957.)

Section § 46001

Explanation

This section states that the rules about noise control in California do not limit or expand certain powers and rights. They don't restrict cities or counties from creating more regulations on noise, as long as they don't conflict with existing rules. Cities and counties can still deal with nuisances, and the Attorney General can take legal action regarding pollution or nuisances. State agencies can enforce their laws, and individuals can still pursue actions against private nuisances or noise pollution.

No provision of this division or ruling of the Office of Noise Control is a limitation or expansion:
(a)CA Health and Safety Code § 46001(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)CA Health and Safety Code § 46001(b)  On the power of any city, county, or city and county to declare, prohibit, and abate nuisances.
(c)CA Health and Safety Code § 46001(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)CA Health and Safety Code § 46001(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)CA Health and Safety Code § 46001(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.
noise regulations municipal regulations nuisance control Attorney General enforcement noise pollution city and county powers additional restrictions pollution injunctions natural resource protection state agency authority private nuisance claims Civil Code nuisances enforcement actions local noise control legal relief for noise
(Added by Stats. 1975, Ch. 957.)

Section § 46002

Explanation

This law states that the Office of Noise Control in California does not have the authority to create or enforce noise-emission standards for any product if those standards are already, or could be, set by the Environmental Protection Agency (EPA) under the Noise Control Act of 1972.

Nothing in this division shall be construed as giving the Office of Noise Control authority or responsibility for adopting or enforcing noise-emission standards for any product for which a regulation has been, or could be, prescribed or promulgated by the Environmental Protection Agency under the Noise Control Act of 1972.
Office of Noise Control noise-emission standards Environmental Protection Agency Noise Control Act of 1972 regulatory authority product noise regulation EPA noise standards state versus federal regulation adopting standards enforcing standards California noise regulation federal preemption noise control authority limitations
(Added by Stats. 1975, Ch. 957.)