Chapter 9.13
NOISE REGULATIONS
Sections:
9.13.010 Declaration of policy.
9.13.030 Violations – Infractions – Miscellaneous.
9.13.040 Violations – Additional remedies – Injunctions.
9.13.010 Declaration of policy.
It is declared to be the policy of the City, in the exercise of its police power, to prohibit unnecessary, excessive and annoying sound levels from all sources. In accordance with this policy, Newman is designated a quiet city. At certain levels, sounds are detrimental to the health and welfare of the citizenry and, in the public interest, shall be systematically proscribed. It is the purpose of this chapter to prescribe standards for and to provide an effective and readily available remedy for violations of this chapter. The provisions of this chapter and the remedies contained herein shall be cumulative and are not intended to replace any otherwise available remedies for public, private or mixed nuisance, nor any other civil or criminal remedies otherwise available. (Ord. 2007-11 § 1(6), 12-11-2007; Ord. 2007-6 § 1, 7-10-2007)
9.13.020 General prohibition.
A. Notwithstanding any other provisions of this chapter, and in addition thereto, it is unlawful for any person to willfully make or continue, or cause to be made or continued, any noise which unreasonably disturbs the peace and quiet of any neighborhood.
B. For purposes of this chapter a complaint of unreasonable noise is deemed a prima facie violation if there is one complaint, and independent corroboration by a Police Department employee of the unreasonable nature of the noise, based on the criteria in subsection (C) of this section, or three distinct complaints from two affected premises affected by the same sound source.
C. The factors below shall be considered when determining whether a violation of the provisions of this section exists shall include, but shall not be limited to, the following:
1. Loudness (intensity) of the sound;
2. Pitch (frequency) of the sound, e.g., very low bass or high screech;
3. Duration of the sound;
4. Time of day;
5. Necessity of noise, e.g., garbage collecting;
6. Background noise. (Ord. 2007-11 § 1(6), 12-11-2007; Ord. 2007-6 § 1, 7-10-2007)
9.13.030 Violations – Infractions – Miscellaneous.
A. Any person violating or permitting violation of any of the provisions of this chapter is guilty of an infraction for each of the first two violations within a period of one year, and upon conviction thereof, shall be punished by a fine not to exceed the fine prescribed in accordance with the provisions of Section 36900(b) of the California Government Code, or successor legislation. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any repetition or continuation of any violation, reasonably capable of immediate correction after receipt of written or verbal notice, shall constitute a separate offense and shall be punished as such.
B. Any person violating or permitting violation of any of the provisions of this chapter for the third time within a one-year period is guilty of a misdemeanor, and shall be punished by a fine, or by imprisonment in the County jail, or by both such fine and imprisonment not to exceed the maximum fine and/or imprisonment established in Section 36901 of the California Government Code, or successor legislation.
C. Upon the third confirmed violation of this chapter within a 24-hour period of time beginning on the first notice of violation issued, the Police Department may take action as necessary to abate the noise violation, including but not limited to instructing the host to “close the party,” physically arresting the host or taking the amplifying equipment as evidence. (Ord. 2007-11 § 1(6), 12-11-2007; Ord. 2007-6 § 1, 7-10-2007)
9.13.040 Violations – Additional remedies – Injunctions.
As an additional remedy, the violation of any provision of this chapter shall be deemed and is declared to a be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. (Ord. 2007-11 § 1(6), 12-11-2007; Ord. 2007-6 § 1, 7-10-2007)
9.13.050 Severability.
If any provision, clause, sentence or paragraph of this chapter, or the application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are declared severable. (Ord. 2007-11 § 1(6), 12-11-2007; Ord. 2007-6 § 1, 7-10-2007)