Article I — GENERAL PROVISIONS

The city council finds that the police department responds to numerous noise disturbances in residential areas during normal sleeping hours involving unreasonably loud, raucous or jarring noises.

The city council finds that such disturbances are extremely disruptive to the peace and quiet of residential neighborhoods and often constitute an immediate and significant threat and detriment to the public health, welfare and safety.

The city council finds that the police department often is required to respond a second or third time in the same night to a disturbance at the same location because the officer's directions to cease the disturbance go unheeded; and

The city council finds that the necessity for repeated responses to the same disturbance creates a significant threat and detriment to public health, welfare and safety; and

The city council desires to enhance the police department's ability to abate noise disturbances which constitute public nuisances and which are immediate threats to public health or safety without making

repeated responses to the scene of the same disturbance; and

The city council desires to recover the costs it incurs when repeated responses to the same disturbance constituting a public nuisance are necessary; and

The city council desires to provide the police department with a procedure for quelling noise disturbances in residential areas during normal sleeping hours by means less drastic than resort to criminal process.

(Ord. 364 §1(part), 2005).

A.

The procedures set forth in this chapter for summary abatement of nuisances at the expense of the persons creating, causing, committing, or maintaining it for up to five hundred dollars ($500.00), are adopted pursuant to Article 11, Section 7 of the California Constitution and Chapter 1.09 of the Arvin Municipal Code.

B.

The procedures set forth in this chapter are not exclusive and are in addition to the procedures for abatement which are conferred upon the city by California Civil Code Section 3494, California Code of Civil Procedure Section 731 and any other applicable provision of law.

C.

Nothing in this chapter shall supersede or be the exclusive remedy for behavior which violates California Penal Code Section 407 or 415.

(Ord. 364 §1(part), 2005).

As used in this chapter:

"Residence" means a structure providing complete independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

"Residential area" means any area in the city which is within three hundred (300) feet of any single-family or multifamily residence, other than commercial hotels, motels and similar establishments for temporary lodging, measured by a straight line between the closest structural wall of the residence and the location of the noise described in section 9.08.040 of this chapter.

"Person" includes corporations, partnerships and any other entity which owns, leases or controls property.

"Plainly audible" means the use of sound in such manner or at such a level that it would reasonably be expected to disturb the peace, quiet, and comfort of any persons residing, occupying or visiting a neighboring property or residence.

(Ord. 364 §1(part), 2005).

(Ord. No. 414, § 2, 3-18-2014)