Chapter 9.26 PROHIBITION OF UNREASONABLY LOUD AND UNNECESSARY NOISE

Chapter 9.26
PROHIBITION OF UNREASONABLY LOUD AND UNNECESSARY NOISE

Sections:

9.26.010 Prohibition of unreasonable noise.

A. It is unlawful for any person to wilfully make or continue, or cause to be made or continued, any unreasonably loud, unnecessary, and unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

B. The standard which may be considered in determining whether a violation of the provisions of this chapter exists may 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 and intensity of the background noise, if any;

5. The proximity of the noise to residential sleeping facilities;

6. The nature and zoning of the area within which the noise emanates;

7. The density of the inhabitation of the area within which the noise emanates;

8. The time of day or night the noise occurs;

9. The duration of the noise;

10. Whether the noise is recurrent, intermittent, or constant; and

11. Whether the noise is produced by commercial or noncommercial activity. (Ord. 92-17 §1(part), 1992).

9.26.020 Exceptions.

The provisions of this chapter shall not apply to:

A. Construction, repair or remodeling work accomplished pursuant to a building, electrical, plumbing, mechanical or other construction permit issued by the city or other governmental agency, provided such work takes place between the hours of seven a.m. and ten p.m.

B. Emergency work.

C. Activities conducted in public parks, public playgrounds and public or private school grounds, provided such activities are conducted under the supervision, auspices, or direction of school employees or other public employees.

D. Noise sources associated with work performed by private or public utilities in the maintenance or modification of its facilities.

E. Noise sources associated with the collection of waste or garbage from property devoted to commercial or industrial uses.

F. Any activity to the extent that regulation thereof has been preempted by state or federal law.

G. Any activity for which a permit has been issued under the provision of this chapter. (Ord. 92-17 §1(part), 1992).

9.26.030 Permits.

A permit may be issued authorizing noises prohibited by this chapter whenever it is found that the public interest will be served thereby or that extreme hardship will result from the strict enforcement of this chapter, as follows:

A. Application for permit. Application for permits shall be in writing and shall contain the following information:

1. The name, address, and telephone number of the applicant;

2. A general description of the equipment, apparatus, or other sound source to be utilized, and the area in which it will be utilized;

3. An estimate of the maximum sound level which will be generated by the equipment, apparatus, or sound source to be utilized and the basis for such estimate;

4. The inclusive dates between which the sound will be generated;

5. Facts showing that the public interest will be served by the issuance of such permit or that extreme hardship will accrue to the applicant if such permit does not issue.

B. Criteria. Applications shall be filed with the city manager, who shall approve or disapprove same within five working days. The criteria which shall be considered by the city manager in determining whether the requested permit shall be issued will include, but not be limited to, the following:

1. The level of the noise for which a permit is sought;

2. The proximity of the noise to residential sleeping facilities;

3. The location from which the noise will emanate and the nature of the surrounding area;

4. The density of the inhabitation of the area within which the noise will emanate;

5. The time of the day or night the noise will occur;

6. The nature and duration of the noise;

7. Whether the noise will be recurrent, intermittent, or constant.

C. Issuance of Permit. The city manager shall issue the requested permit unless he finds, considering the criteria set out in subsection B of this section, that the public interest will suffer thereby and that such public detriment exceeds the hardship to be suffered by the applicant if the permit is not issued. In approving a permit under this section, the city manager may impose such conditions as he deems necessary to protect the public interest.

In the event the city manager disapproves the application, he shall return same to the applicant with a statement of the reasons for such action. The applicant may appeal the city manager’s decision to the city council or submit a new or modified application to the city manager. In the event that an application is disapproved by the city council, the city will commence an action within thirty days of the decision.

D. Revocation or Suspension. Any permit issued under this section shall be revocable and may be revoked by the city manager when a fact is found to exist which would have been a ground for refusal to approve same or when there has been a violation of any of the terms or conditions of the permit. (Ord. 92-17 §1(part), 1992).

9.26.040 Violation and enforcement.

The first violation of any of the provisions of this chapter shall be an infraction punishable as provided in this code. Any subsequent violation of the provisions of this chapter by any person within twelve months from a conviction or the forfeiting of bail in connection with a prior violation of any provision of this chapter is a misdemeanor. The provisions of this chapter may also be enforced by an injunction issued out of the superior court. Any violation of the provisions of this chapter shall be deemed to be a public nuisance. (Ord. 98-04 §1, 1998: Ord. 92-17 §1(part), 1992).

9.26.050 Civil liability for costs.

The owner, occupant or other person with a right to control the premises upon which a violation occurs, and any person, and the parent(s) or guardian(s) of any minor person, who violates a provision of this chapter are jointly and severally liable for the costs incurred by the city in responding to a violation and enforcing the provisions of this chapter if the violation occurs upon the same legal parcel or street address and the violation was preceded by a violation or warning of similar occurrences in violation of this chapter within the previous twelvemonths.

A. As used in this section, "costs" means reasonable costs incurred by the city in making an appropriate response, and includes all costs directly related to the response. Costs may include, but not be limited to, damages to city property, injuries to city personnel, and the regular and overtime salaries of personnel responding to the violation.

B. The costs incurred pursuant to this section shall be a charge against the person liable, and shall constitute a debt of that person, collectible by the city or other public entity incurring the costs in the same manner as in the case of an obligation under a contract, expressed or implied.

C. Nothing in this section shall be construed to prohibit the city or any person from pursuing any other remedy authorized by law. (Ord. 98-04 §2, 1998: Ord. 92-17 §1 (part), 1992).