Chapter 7 — NOISE

Section

10-7-1 Noise restrictions; bands, phonographs and the like

10-7-2 Noise restrictions; general

10-7-3 Host; defined

10-7-4 Liability for police costs

10-7-5 Notice of disturbance; host signature

10-7-6 Notice of disturbance; signature unavailable

10-7-7 Notice of unlawful party

10-7-8 Second response; costs of special police assignment

10-7-9 Second response; closure required

10-7-10 Collection of costs of special police assignment

10-7-11 Violations

It shall be unlawful to conduct or allow to be conducted any party which has present a band, orchestra, radio, phonograph or other electronic sound reproduction and/or amplification device system between the hours of 10:00 p.m. and 6:00 a.m. which produces loud and unreasonable sound in volume level, duration and character sufficient to maliciously and willfully disturb the comfort, health, peace, safety or repose of reasonable persons of ordinary sensibilities. Continuation of an activity prohibited by this section after notification by a peace officer that the activity is disturbing the peace shall be prima facie evidence of malicious and willful intent.

(Ord. 442, passed 6-6-1995)

It shall be unlawful to conduct or allow to be conducted any party where there is loud and unreasonable noise between the hours of 10:00 p.m. and 6:00 a.m., if such noise is sufficiently loud and unreasonable in volume level, duration and character to maliciously and willfully disturb the comfort, health, peace, safety or repose of reasonable persons of ordinary sensibilities. Continuation of an activity prohibited by this section after notification by a peace officer that the activity is disturbing the peace shall be prima facie evidence of malicious and willful intent.

(Ord. 442, passed 6-6-1995)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

HOST. Any person conducting and/or permitting a party, including:

1. Owner(s) and/or lessee(s) of the property where a party is given;

2. Person(s) hosting a party;

3. Person(s) receiving money or other consideration for granting access to a party;

4. Person(s) serving, furnishing or making available alcoholic beverages; and

5. Parent(s) or legal guardians of a minor who is also a host.

(Ord. 442, passed 6-6-1995)

When a party occurs at a premises and a peace officer at the scene determines that it constitutes a threat to the public peace, health, safety or general welfare, each host shall be held jointly and severally liable for the cost of providing police personnel and services to abate the threat to public peace, health, safety or general welfare. Violation of any provision of this chapter is prima facie evidence of a threat to public peace, health, safety or general welfare.

(Ord. 442, passed 6-6-1995)

(A) When Police Department personnel respond to a complaint involving a disturbance caused by a party, the responding officer may issue a written notice to the host if such person is available on the premises. The notice provided shall state that if Police Department personnel are required to return to the premises within the following 12-hour period because of further disturbances, and responding officers determine there is a threat to the public peace, health, safety or general welfare, such response shall constitute special police services. The notice shall state the host may be assessed civil penalties for the cost of providing such special police services. The notice shall be signed by the available host, acknowledging receipt of the warning, and a signed copy of the warning shall be left with the available host.

(B) If a second or any subsequent response is required, Police Department personnel shall have the available host sign a “second response” voucher, acknowledging the occurrence of the second response, and one additional voucher for each

response thereafter during the course of the party.

(Ord. 442, passed 6-6-1995)

If no host is available on the premises when the police are present, or the host refuses to sign receipt of the notice, a copy of the notice shall be posted in a conspicuous place on the premises on each occasion the police respond. A refusal by a host at the party site to sign a receipt of the warning after being requested to do so by a peace officer is a misdemeanor.

(Ord. 442, passed 6-6-1995)

When Police Department personnel become aware of any scheduled party which would be unlawful under this chapter, officers may issue a written notice to a host describing the unlawful nature of the party. The notice provided shall state that if Police Department personnel are required to respond to the scheduled party, such response shall constitute special police services. The notice shall state the host may be assessed for the cost of providing such special police services. The notice shall be signed by a host, acknowledging receipt of the warning, and a signed copy of the warning shall be left with the host. This notice shall constitute a first warning as required by this chapter. A refusal by a host to sign a receipt of the warning after being requested to do so by a peace officer is a misdemeanor.

(Ord. 442, passed 6-6-1995)

Utilization of police personnel during any response after the first warning to any party or to control the threat to the public peace, health, safety or general welfare shall be deemed to be a special police assignment over and above the services normally provided. The cost of such special police assignment may include damages to city property and/or injuries to city personnel.

(Ord. 442, passed 6-6-1995)

The Chief of Police or his or her designee shall close and disperse any party for which a second response is required.

(Ord. 442, passed 6-6-1995)

The costs provided for in this chapter shall be collected in the following manner:

(A) Copies of the initial warning, the second response voucher and any additional voucher shall be forwarded to the Livingston City Hall where the cost of special police assignment services shall be computed and an amount assessed which reflects the actual costs of service rendered as established in the city’s schedule of fees and charges as authorized by this code. The city shall invoice the host.

1. The invoice shall notify the host that a hearing to present any evidence or argument challenging the invoiced amount or

liability for any amount shall be available if such written request is received by the Chief of Police within ten calendar days of the date the notice is mailed. If no such written notice is received within ten calendar days, the total amount becomes immediately due and payable.

2. If a written request is received within ten calendar days, the Chief of Police or his or her designee shall conduct a

hearing with an additional 20 calendar days after receipt of the written request at a date set by the Chief. The Chief shall cause to be mailed written notices of the hearing to the requester at least ten calendar days in advance of the hearing. The decision of the Chief or his or her designee shall be mailed to each party within ten calendar days after the conclusion of the hearing. That decision shall be final unless a written notice appealing the decision is received by the City Manager within ten calendar days after the decision has been mailed to the parties.

3. If a written notice appealing the decision is received by the City Manager within ten calendar days after the decision has

been mailed to the parties, then the City Manager shall conduct a hearing de novo within 20 calendar days at a date set by the City Manager. The City Manager shall then notify the parties in writing of the decision within ten calendar days after the conclusion of the hearing. The City Manager’s decision shall be final and the civil penalties imposed, if any, shall become immediately due and payable upon the mailing.

(B) Costs for police response and services will be charged at the rate of $75. This cost will cover administrative costs; peace officer wages; vehicle maintenance.

(Ord. 442, passed 6-6-1995)

Any violation of §§ 10-7-1 through 10-7-10 inclusive, of this chapter, shall be a misdemeanor.

(Ord. 442, passed 6-6-1995)