Chapter 8.16
NUISANCES
Sections:
8.16.040 Violations—Penalties.
8.16.050 Graffiti deemed nuisance.
8.16.070 City costs enforceable debt—Lien.
8.16.100 Excessive noise deemed nuisance.
8.16.110 Excessive noise exemptions.
8.16.115 Excessive noise variance.
8.16.120 Excessive noise infraction.
8.16.130 Excessive noise misdemeanor.
8.16.140 Excessive noise enforcement.
8.16.150 Excessive noise separate offenses.
8.16.160 Evidence in excessive noise proceedings.
8.16.010 Definitions.
The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
A. “Abate” means to take steps deemed necessary by the director, including but not limited to rehabilitation, demolition, removal, replacement, or repair, in the interest of the general health, safety, and welfare of the community.
B. “Building materials” means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials.
C. “Director” shall include, but not be limited to, the city: building official, police chief, fire chief, public works director, finance director, and planning director or other city official charged with the enforcement of a particular portion of the Sedro-Woolley Municipal Code. The director of a department may designate an individual or individuals to act in his or her stead.
D. “Graffiti” means the defacing, damaging or destroying by spraying of paint or marking of ink, chalk, dye or other similar substances on public or private buildings, structures, and places.
E. “Graffiti abatement procedure” means the abatement procedure which identifies graffiti, issues notice to the landowner to abate the graffiti, and cures in absence of response.
F. “Hearing examiner” means the city of Sedro-Woolley hearing examiner and the office thereof pursuant to Chapter 2.34.
G. “Owner” means entity or entities having a legal or equitable interest in real or personal property, including but not limited to any structure, fence, wall, sign, or any separate part thereof, whether permanent or not.
H. “Premises” means any building, lot, parcel, real estate, land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
I. “Private contractor” means any person with whom the city shall have duly contracted to remove graffiti.
J. “Property” means any object of value that a person may lawfully acquire and hold, including real or personal property and that which is affixed, incidental, or appurtenant to real property, including but not limited to any structure, fence, wall, sign, or any separate part thereof, whether permanent or not.
K. “Public disturbance noise” shall mean the following sources of sound unless exempted by Section 8.16.160:
1. Frequent, repetitive or continuous sound from any horn or siren attached to a motor vehicle except as a warning of danger or specifically permitted or required by law;
2. Frequent, repetitive or continuous sound in connection with the starting, operating, repairing, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine in any residential zone which unreasonably interferes with the peace, comfort and repose of owners or occupants of real property in the residential zone;
3. Loud or raucous sound from any activity which unreasonably interferes with the operation of any school, church, hospital, sanitarium or nursing or convalescent facility;
4. Frequent, repetitive or continuous sound which emanates from a building, structure or property, and created by musical instrument, whistle, sound amplifier, stereo, jukebox, radio, television or other device capable of reproducing or creating sound, such as sounds originating from a band session, tavern operation or commercial sales lot which unreasonably interferes with the peace, comfort and repose of owners or occupants of nearby property;
5. Sound from a motor vehicle audio sound system, such as a radio, tape player or compact disc player, when the volume is such that the sound can be clearly heard by a person of normal hearing at a distance of more than fifty feet from the vehicle itself;
6. Sound from carried or transported portable audio sound equipment, such as a radio, tape player or compact disc player, when the volume is such that the sound can be clearly heard by a person of normal hearing at a distance of more than fifty feet from the source of the sound;
7. Frequent, repetitive or continuous sound which emanates from a residence structure or property, and created by audio sound equipment, musical instruments or social gatherings which unreasonably interferes with the peace, comfort and repose of owners or occupants of neighboring residential properties;
8. Sound from squealing or screeching of motor vehicle tires in contact with the ground or other roadway surface because of rapid acceleration, braking or excessive speed around corners except such sounds which arise from actions to avoid danger;
9. Sound originating from a motor vehicle on the public highway when the vehicle is operated without a muffler in good working order and in accordance with applicable laws and regulations;
10. Sound from yelling, shouting, hooting, whistling or singing on or near the public streets occurring between the hours of eleven p.m. and seven a.m. which unreasonably interferes with the peace, comfort and repose of owners or occupants of real property;
11. Sound originating from residential real property relating to temporary projects for the maintenance or repair of homes, grounds or appurtenances, including sounds from hammering, power lawnmowers, power hand tools, snow removal equipment and the like when the same occurs between the hours of nine p.m. and seven a.m. weekdays and nine p.m. and nine a.m. on weekends and legal holidays;
12. Sounds originating from construction sites and activities, including but not limited to sounds from staging (on and near the construction site) and the warming up and operation of heavy construction equipment, power tools and hammering between the hours of nine p.m. and seven a.m. weekdays and nine p.m. and nine a.m. on weekends and legal holidays, except such sounds which arise from emergency construction work to protect public or personal health and safety;
13. Continuing and/or ongoing sounds from nonemergency motor vehicles or other motorized or nonmotorized equipment such as leaf blowers, sweepers, or the like, audible more than twenty-five feet away from the vehicle or other noise-emitting source located on or in the vicinity of residential property which occurs in the presence of a commissioned police officer or which sounds reasonably cause the annoyance or disturbance of two or more neighbors not residing at the same address, due to the ongoing or repetitive nature of the sounds, during the hours described below shall be presumed to be public disturbance noise. The two complaints must be received by the police department within twenty-four hours from the time the noise occurred in order for an enforcement action to proceed;
For the purposes hereof, the sounds generally described above occurring after ten p.m. at night or before seven a.m. on any day of the week shall be presumed to be a public disturbance except for noises that occur between the hours of six a.m. and seven a.m., if the business is open to the public during that time, and it occurs in the course of normal, reasonable, and essential business activities to service retail customers present during that time. Further provided, that the presumption of a public disturbance noise occurring between the hours of ten p.m. at night or before seven a.m. shall only be rebutted upon a showing before the adjudicatory body that the noise was caused by circumstances of an unforeseen and emergency nature.
L. “Responsible person or party” means any agent, lessee, owner, or other person acting as an agent for the owner by agreement, who is occupying or having authority or control of any property or premises or is responsible for the property’s maintenance or management. Irrespective of any arrangement to the contrary with any other party, each owner shall always be a responsible party for purposes of this chapter. There may be more than one responsible party for a particular property. (Ord. 2012-22 § 1, 2022; Ord. 2007-22 § 1, 2022; Ord. 1003 § 1, 1984)
8.16.020 Types of nuisances.
Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the director determines that any of these conditions exist upon any premises the director may require or provide for the abatement thereof pursuant to this chapter:
A. The existence of any weeds, trash, dirt, filth, the carcass of any animal, waste shrubs, accumulations of lawn or yard trimmings or any offensive matter;
B. The existence of any dead, diseased, infested or dying tree that may constitute a danger to property or persons;
C. The existence of any tree, shrub or foliage, unless by consent of the city, which is apt to destroy, impair, interfere or restrict:
1. Streets, sidewalks, sewers, utilities or other public improvements,
2. Visibility on, or free use of, or access to such improvement;
D. The existence of any vines or climbing plants growing into or over any street, public hydrant, pole or electrolier, or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes in such a way as to obscure the view thereof or impair the access thereto;
E. The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard;
F. The existence of a sidewalk or portion of a sidewalk adjacent to any premises which is out of repair, and in a condition to endanger persons or property, or in a condition to interfere with the public convenience in the use of such sidewalk;
G. The existence of caterpillar infestations;
H. The existence of fruit fly infestation, moths, rust, or other tree diseases;
I. The burning or disposal of refuse, sawdust, or any material;
J. The existence of any obstruction to a street, alley, crossing or sidewalk, which is by ordinance prohibited, or which is made without lawful permission, or which, having been made by lawful permission, is kept and maintained after the purpose thereof has been accomplished, and for an unreasonable length of time;
K. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure, or premises, or in or upon any street, alley, sidewalk, park, parkway, or other public or private place in the city, any one or more of the following disorderly, disturbing, unsafe, unhealthy, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions, or objects:
1. Any putrid, unhealthy or unwholesome bones, meat hides, skins, the whole or any part of any dead animal, fish, or fowl, or waste parts of fish, vegetable or animal matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles,
2. Any vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are foul or malodorous,
3. Any pools of standing water created by irrigation of private property that could serve as breeding areas for rats, flies, or mosquitoes,
4. Any filthy, littered or trash-covered dwellings, cellars, house yards, barnyards, stable yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings, or premises,
5. Any animal manure in any quantity which is not securely protected from flies or weather conditions, or which is kept or handled in violation of any ordinance of the city,
6. Any poison oak or poison ivy, Russian thistle, or other noxious weeds, whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles,
7. Any grass, weeds, shrubs, bushes, trees or vegetation growing or which has grown and died upon any property and are a fire hazard or a menace to public health, safety or welfare,
8. Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster and all such trash, or abandoned material, unless it is kept in approved covered bins or receptacles,
9. Any trash, litter, rags, accumulations or empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed and multiply or which may be a fire hazard;
L. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, park, parkway, or other public place which is open to travel, any hay, straw, paper, wood, boards, boxes, leaves, manure, or other rubbish or material;
M. The storage or keeping on any premises for more than thirty days of any used or unused building materials, without a special permit from the building official; provided, that nothing herein shall:
1. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion,
2. Prohibit such storage without a permit on the premises of a bona fide lumber yard, dealer in building materials or other commercial enterprise when the same is permitted under the zoning ordinance and other applicable ordinances,
3. Make lawful any such storage or keeping when it is prohibited by other ordinances or laws;
N. The existence of any pits, cesspools, privy vaults, potholes or holes which would endanger safety;
O. The existence of any condition which would produce dust or noxious odors; provided, that nothing herein shall be prohibited when done in conjunction with a construction project for which a building permit has been issued and is being prosecuted diligently to completion. However, the contractor or owner will be responsible for dust control throughout his development area;
P. The existence of any fence or other structure or thing on private property abutting or fronting upon any public street, sidewalk, or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition;
Q. The existence or maintenance on any premises of a storage area, junk yard or dumping ground for the wrecking or disassembling of automobiles, trucks, trailers, recreational vehicles, boats, tractors or other vehicle or machinery of any kind, or for the storing or leaving of worn out, wrecked, inoperative, or abandoned automobiles, trucks, trailers, recreational vehicles, boats, tractors or other vehicle or machinery of any kind or of any parts thereof;
R. The existence of any drainage onto or over any sidewalk, public pedestrian way, street or alley;
S. The existence on any premises, in a place accessible to children, of any unattended and/or discarded icebox, refrigerator or other large appliance;
T. The existence or maintenance of graffiti, and other defacement of public and private property, including walls, rocks, bridges, buildings, fences, gates, vehicles, signs, road surfaces and other structures, trees, and all other real and personal property within the city;
U. Causing or allowing any other nuisance as defined in this section or other provision of the Sedro-Woolley Municipal Code.
The acts declared to be a nuisance by this chapter shall not be construed to be exhaustive; and nothing in this chapter is intended to limit the city from pursuing actions of a civil or criminal nature involving a nuisance from time to time when otherwise permitted by law. (Ord. 2012-22 § 1, 2022; Ord. 2007-22 § 1, 2022; Ord. 1003 § 2, 1984)
8.16.030 Prohibited conduct.
It is unlawful for any responsible person or owner to create, permit, maintain, suffer, carry on or allow, upon any premises, any of the acts or things declared by this chapter to be a public nuisance. (Ord. 2007-22 § 1, 2022; Ord. 1003 § 3, 1984)
8.16.040 Violations—Penalties.
Any person violating or failing to comply with any of the provisions of Sections 8.16.020 and 8.16.030 shall be subject to the enforcement provisions contained in Title 18, Code Enforcement. (Ord. 2012-22 § 1, 2022; Ord. 2007-22 § 1, 2022; Ord. 1670-10 § 8, 2010. Formerly 8.16.090)
8.16.050 Graffiti deemed nuisance.
A. The city council finds and declares that graffiti, and other defacement of public and private property, including walls, rocks, bridges, buildings, fences, gates, vehicles, signs, road surfaces and other structures, trees, and all other real and personal property within the city constitutes a nuisance.
B. The city council further finds that although it is appropriate, where possible, to request that the courts require people who are convicted of acts of defacement and vandalism involving application of graffiti to public or private property to restore the property so defaced, damaged, or destroyed, obtaining convictions for such acts is difficult because the offenses involved can be committed so very quickly and secretively that witnesses to the acts are frequently nonexistent.
C. The city council further finds that although the public should be encouraged to cooperate in the elimination of graffiti by reporting the same to the proper authorities, it is also important to eliminate the presence of graffiti from the community so that the product of the illegal acts of those involved in application of graffiti is not visible, and the property on which the graffiti is located and surrounding properties do not suffer diminution of value. (Ord. 2012-22 § 1, 2022; Ord. 2007-22 § 1, 2022)
8.16.060 Notice of removal.
A. Whenever the city of Sedro-Woolley or the city’s designated representative determines that graffiti exists on any public or private buildings, structures, and places which are visible to any person utilizing any public road, parkway, alley, sidewalk or other right-of-way within the city, the city or the city’s designated representative shall cause a notice to be issued to abate such nuisance. The property owner or responsible party shall have fifteen calendar days after the date of the notice to remove the graffiti or the same will be subject to abatement by the city. Any property located in the city of Sedro-Woolley that contains graffiti is in violation of this chapter and subject to its remedies.
B. The notice to abate graffiti pursuant to this section shall be in writing and shall be served upon the owner or responsible party of the affected premises, as such owner’s name and address appears on the last property tax assessment rolls of Skagit County, Washington. If there is no known address for the owner or responsible party, the notice shall be sent in care of the property address. The notice required by this section may be served in any one of the following manners:
1. Personal service upon the owner or responsible party; or
2. Registered or certified mail addressed to the owner or responsible party at the last known address of said owner or responsible party. If this address is unknown, the notice will be sent to the property address.
C. The notice to abate graffiti shall include a general description of the graffiti and the necessary corrective actions to abate the graffiti, and shall be substantially in the following form:
NOTICE TO ABATE GRAFFITI
Date:
To:
NOTICE IS HEREBY GIVEN that you are required, by ordinance of the City of Sedro-Woolley, Washington, at your own expense, to remove or paint over graffiti located on the property commonly known as [insert street address], Sedro-Woolley, Washington, which is visible to public view, within fifteen (15) calendar days after the date of this notice. IN THE EVENT YOU FAIL TO DO SO, the City shall cause the nuisance to be abated at your expense by removal or painting over of the graffiti. The cost of abatement by the City or private contractors employed by the City to abate the nuisance will be assessed against your property and such costs will constitute a lien upon the land until paid.
Within ten (10) calendar days of the date of mailing or personal service of the Notice to Abate Graffiti, the property owner or responsible party may appeal the matter to the Sedro-Woolley hearing examiner by filing a written notice of appeal with the Chief of Police, Sedro-Woolley Police Department, 325 Metcalf Street, Sedro-Woolley, WA 98284. The filing of an appeal will stay, during the pendency of the appeal, any enforcement or actions by the city to abate the graffiti nuisance.
If no timely appeal to the Notice to Abate Graffiti is received the City will, at the conclusion of the fifteen (15) calendar day period, proceed with abatement of the graffiti inscribed on your property at your expense and without further notice.
(Ord. 2012-22 § 1, 2022; Ord. 2007-22 § 1, 2022)
8.16.070 City costs enforceable debt—Lien.
Any and all costs incurred by the city in the abatement of the graffiti nuisance as provided in this chapter shall constitute a debt owed to the city by the property owner or responsible party, and shall be enforceable as a lien against the property upon which such nuisance existed, in addition to the other legal remedies available for enforcement of debts. (Ord. 2012-22 § 1, 2022; Ord. 2007-22 § 1, 2022)
8.16.080 Graffiti appeal.
A. Time for Appeal. Within ten calendar days of the date of mailing or personal service of the notice to abate graffiti, the property owner or responsible party affected may appeal the matter to the Sedro-Woolley hearing examiner by filing a written notice of appeal with the Chief of Police, Sedro-Woolley Police Department, 325 Metcalf Street, Sedro-Woolley, WA 98284. The timely filing of an appeal will stay, during the pendency of the appeal, any enforcement or actions by the city to abate the graffiti nuisance.
B. Appeal to Be Heard by City’s Hearing Examiner. A timely filed appeal will be heard by the city’s hearing examiner as established by Chapter 2.34, following procedures set in Section 18.15.040. Any appeal of the director’s action may be affirmed, reversed or modified in the hearing examiner’s final order. The decision of the hearing examiner shall be a final order and the appellant and the director shall be bound thereby unless, within twenty-one days from the date of the issuance of the hearing examiner’s final order, a person with standing to appeal files a petition to the superior court. The cost for the transcription of all records ordered certified by the superior court for such review shall be borne by the appellant. (Ord. 2012-22 § 1, 2022; Ord. 2007-22 § 1, 2022)
8.16.090 Removal by city.
A. Upon failure of persons to comply with the notice to abate graffiti by the designated date, or such continued date thereafter as the city or the city’s designated representative approves, the city or the city’s designated representative is authorized and directed to cause the graffiti to be abated by city forces or by private contract, and the city or its private contractor is expressly authorized to enter upon the premises for such purposes. All reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate or cover graffiti shall be as close as practicable to background color(s). If the city’s designated representative provides for the removal of the graffiti, she/he shall not authorize nor undertake to provide for the painting or repair of any more extensive area than the area where the graffiti is located.
B. Property owners or responsible parties in the city of Sedro-Woolley may consent in advance to city entry onto private property for graffiti removal purposes.
C. The city is authorized to use public funds for removal of graffiti, or for painting and repair of graffiti, but shall not be authorized or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless it is determined in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repainting or repairing the more extensive area. All aspects of graffiti removal are at the discretion of the city including, but not limited to, the method of and material used for repair.
The provisions of this chapter are to be considered separate and severable. If any clause, sentence, paragraph, section, subsection, or portion of this chapter, or the application thereof, to any person or circumstance, is held to be invalid, it shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances. (Ord. 2012-22 § 1, 2022; Ord. 2007-22 § 1, 2022)
8.16.100 Excessive noise deemed nuisance.
A. The city council finds and declares that excessive noise within the city constitutes a nuisance.
B. The city council further finds that minimizing the exposure of citizens to the physiological and psychological effects of excessive noise protects, promotes, and preserves the public health, safety, and general welfare.
C. The city council further finds that controlling the level of noise promotes the use, value, and enjoyment of property, sleep and repose, commerce, and the quality of the environment. (Ord. 2012-22 § 1, 2022; Ord. 2007-22 § 1, 2022)
8.16.110 Excessive noise exemptions.
Though the following sources of sound may fall within the definitions of a “public disturbance noise” as defined in Section 8.16.010, the following sounds shall be exempt and shall not be public disturbance noise:
A. Noise originating from aircraft in flight, and sounds which originate in airports and are directly related to flight operations;
B. Noise created by safety and protective devices, such as relief valves where noise suppression would defeat the safety relief intent of the device;
C. Noise created by fire or security alarms, or noise created by emergency equipment;
D. Noise created by auxiliary equipment on motor vehicles used for highway maintenance;
E. Noise created by a special event as defined in and regulated by Chapter 12.44 so long as the event is in compliance with the terms and conditions of its special event permit;
F. Noise created by natural phenomenon;
G. Noise created by public utility facilities including electrical substations;
H. Noise created from school marching bands while practicing;
I. Noise created by bells, chimes or carillon not operated for more than five minutes in any one hour from the hours of seven a.m. to ten p.m., but not including such noise as is artificially created and amplified and broadcast via loudspeaker;
J. Noise created by the operation of equipment or facilities of surface carriers engaged in commerce by railroad; and
K. Noise originating from construction sites and activities for a city, county, Department of Transportation or other state entity, or federal public works or emergency repair project, regardless of the time of day or night. (Ord. 2012-22 § 1, 2022; Ord. 2007-22 § 1, 2022)
8.16.115 Excessive noise variance.
A. A person may request a variance from compliance from any noise requirement in this chapter by making an application with the planning director at least thirty days before the time period for the variance to take effect. The application shall be in writing and shall be accompanied by a fee as specified in the master fee schedule. The variance may not be used for private activities (weddings, parties, etc.). The applicant shall explain the following:
1. Nature of the noise;
2. Source of the noise;
3. Duration for which the noise will be created;
4. Time period for which the variance will be necessary;
5. Reason(s) why the noise violation cannot be avoided; and
6. Mitigating conditions the applicant will implement to minimize noise level violations.
7. The applicant shall list all property owners who adjoin the subject property per county assessor records, except that:
a. The planning director may waive this property owner list requirement if the planning director determines that the granting of the variance would have no significant effect on the adjoining property owners, and
b. The planning director may increase the required property owner list to include all property owners within five hundred feet of the subject property per county assessor records if the planning director determines that the granting of the variance would have a significant impact on such property owners.
B. The planning director, after informing the affected city departments, and after considering the relative interests of the applicant, of the other owners or possessors of property likely to be affected by the noise, and of the general public, may grant a variance if the planning director determines that the noise level violations:
1. Cannot be avoided;
2. Will exist for a specific period of time;
3. Will not endanger public health, safety, or welfare; and
4. Have been mitigated to the greatest extent possible.
C. Variances granted pursuant to this chapter shall be in writing and must include the time period the variance will be in effect and the location of the variance.
D. The planning director may deny a variance application if:
1. The planning director determines that the applicant does not meet the criteria listed in subsection B of this section; or
2. The variance was obtained with false or misleading information.
E. The planning director may revoke a variance if:
1. At any time during the variance the planning director determines that the variance holder no longer meets the criteria listed in subsection B of this section;
2. The variance holder causes or permits noise that fails to comply with the variance or other provisions of this chapter not affected by the variance and the issuance of a violation citation or stop work order has been or would be ineffective to secure compliance; or
3. The variance was obtained with false or misleading information.
F. The variance holder must post a variance in a viewable area at the location of the variance or keep it on their person during the effective period of the variance.
G. If the planning director grants the variance, notice shall be mailed by first class mail to those property owners appearing on the list provided by the applicant per the application requirement herein. The applicant shall be responsible for paying all mailing costs, which shall be in addition to the variance application fee.
H. Any variance granted by the planning director shall be restricted in duration and an implementation schedule for achieving compliance with this chapter shall be incorporated herein. No variance shall exceed thirty days. Variances may be renewed, but no renewal shall be granted unless application is made at least sixty days prior to expiration of this issued variance and the applicant complies with all other requirements of this section.
I. Any person aggrieved by a variance decision may file an appeal in writing with the city administrator within ten days of issuance of the planning director’s decision. The appeal shall be a proceeding pursuant to Section 18.15.040 except that the appeal shall be before the city administrator, not the hearing examiner. The appellant must prove by clear and convincing evidence that the planning director abused his or her discretion in a decision made pursuant to this section. Any appeal of a variance decision by the planning director may be affirmed, reversed, or modified by the city administrator. The decision of the city administrator shall be final. The applicable provisions of Chapter 18.15 shall govern procedure and process of an appeal of the planning director’s decision, except that the public notice requirements established do not apply to this appeal process. Further, where a provision of Chapter 18.15 conflicts with a provision of this section, this section shall control. (Ord. 2012-22 § 1, 2022)
8.16.120 Excessive noise infraction.
A. Any person to cause a nonexempt public disturbance noise as defined by this chapter; or
B. Any person who allows to be emitted a nonexempt public disturbance noise as defined by this chapter from a property, facility, business, or building managed or controlled by such person.
The public disturbance noise prohibitions as defined in Section 8.16.150 constitute a civil infraction and need not occur in the citing officer’s presence to be enforced pursuant to IRLJ 2.2, as hereby adopted by reference as currently enacted, or as hereafter amended, and shall be given the same force and effect as if set forth herein in full. (Ord. 2012-22 § 1, 2022; Ord. 2007-22 § 1, 2022)
8.16.130 Excessive noise misdemeanor.
A. Any person to cause four or more nonexempt public disturbances in a six-month period as defined by this chapter.
B. Any person who allows to be emitted in a six-month period four or more nonexempt public disturbance noises as defined by this chapter from a property, facility, business, or building managed or controlled by such person.
The public disturbance noise prohibitions as defined in this code constitute a misdemeanor if four or more violations occur within a six-month period and need not occur in the citing officer’s presence to be enforced pursuant to CrRLJ 2.1, as hereby adopted by reference as currently enacted, or as hereafter amended, and shall be given the same force and effect as if set forth herein in full. (Ord. 2012-22 § 1, 2022; Ord. 2007-22 § 1, 2022)
8.16.140 Excessive noise enforcement.
Where this chapter defines “public disturbance noise” as sound unreasonably interfering with the peace, comfort and repose of owners or possessors of real property or neighboring property, only after a complaint has been made by such a person, except for public disturbance noise as defined by Section 8.16.010(K)(13) which requires two complaints to be made, may the police department issue a civil infraction notice. However, nothing herein precludes the police department from issuing a civil infraction notice should the “public disturbance noise” occur in the presence of a commissioned police officer.
In all other instances of a “public disturbance noise” a civil infraction notice may be issued without a complaint. (Ord. 2012-22 § 1, 2022; Ord. 2007-22 § 1, 2022)
8.16.150 Excessive noise separate offenses.
For enforcement purposes, sound emitted during separate days shall be deemed a separate violation. A day is a twenty-four-hour period beginning at 12:01 a.m. (Ord. 2012-22 § 1, 2022; Ord. 2007-22 § 1, 2022)
8.16.160 Evidence in excessive noise proceedings.
In any proceeding under this chapter, evidence of sound level through the use of sound level meter readings shall not be necessary to establish commission of the violation. (Ord. 2012-22 § 1, 2022; Ord. 2007-22 § 1, 2022)
8.16.170 Severability.
Should any provision of this chapter or of any section of this chapter be held invalid, the remainder of the section and/or this chapter shall not be affected. (Ord. 2012-22 § 1, 2022; Ord. 2007-22 § 1, 2022)