Arcata Municipal Code Art. 4 Enforcement and Penalties

A. Upon observing a potential violation or receiving a complaint, the noise control officer, equipped with a sound level meter, shall investigate the matter. The investigation shall consist of a measurement and the gathering of data to adequately define the noise disturbance and shall include the following:

1. the type of noise source:

2. the specific location of the noise source and in relation to the complainant location, if applicable;

3. the duration and characteristics of the noise;

4. the date(s), time(s) and specific location(s) of noise measurement(s);

5. the noise level(s) as measured by the sound level meter with "slow" meter response and using the "A" weighting scale; and

6. information about the person responsible for the noise.

B. If it is determined by the noise control officer that a violation of the provisions of this chapter exists, the following procedure shall be followed:

1. A written warning shall be issued by the noise control officer or his designee to the person responsible for the event causing the noise disturbance.

2. If the noise disturbance persists for more than a reasonable period of time necessary to discontinue the noise following the notice, or recurs at any time within an eight-hour period, then the person responsible for the noise disturbance shall be guilty of an infraction and shall be subject to the penalties described in Section 4350.

Any person violating any of the provisions of this Chapter shall be deemed guilty of an infraction and shall be subject to the penalties stated in "Chapter 3 of Title I of the Arcata Municipal Code.

Each subsequent violation of the provisions of this chapter within each twenty-four hour period shall constitute a separate offense and shall be subject to additional penalties.

A. The creation of noise which violates the provisions or standards of this chapter shall require the issuance of a variance. The noise control officer shall evaluate all applications for variances and may grant said variance or permit subject to such terms, conditions and requirements as he or she may deem reasonable to achieve the purposes of this chapter. In considering the merits of a requested variance, the noise control officer shall consider the extent of any nuisance caused by the offensive noise, the length of time of any non-compliance with the standards of this chapter, the time of day of the noise, the magnitude and character of the noise, and the potential number of people affected by the noise. An application shall be submitted no less than ten (10) working days prior to the date when the variance is needed. A nominal fee shall be charged to each applicant for processing a variance request. Applicants for variances may be required to submit such information as the noise control officer may reasonably require. Variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate the variance. A decision of the noise control officer may be appealed to the City Council within five working days by any aggrieved person.

B. Variance requests related to use of public buildings and grounds shall be reviewed and issued concurrent with the permit required for such use by Section 10006 of Chapter 1 of the Municipal Code.

TITLE IV—PUBLIC WELFARE, MORALS AND CONDUCT