Chapter 11 — NOISE CONTROL

(A) No person shall make, or cause or permit to be made or caused, upon any premises owned, occupied, possessed, or controlled by them or upon any public street, alley, or thoroughfare any unnecessary noise or sound which is physically annoying to persons of ordinary and normal sensitivity or which is so harsh or so prolonged unnatural or unusual in its use, time, and place as to cause physical discomfort, or which is injurious to the lives health, peace, and comfort of the inhabitants of the city.

(B) The provisions of this chapter shall not be construed to apply to any public celebration, public holiday, or public occasion generally celebrated or public parades held under authorized permits; nor shall such provisions apply to any sporting event or activity conducted under the direction and supervision of any public or private school; nor shall such provisions apply to the operation of any mechanical devices used by public employees or utility companies involved in remedying a dangerous, hazardous, or unhealthful situation at any time of the day or night. (Ord. 622, passed 5-18-94)

The following activities area specifically prohibited:

(A) Operating, playing, or permitting the operation or playing of any radio, television set, loudspeaker, stereo, drum, musical instrument, or similar device which produces or reproduces sound which is in violation of the provisions of § 3-11.01 of this title.

(B) Between the hours of 8:00 p.m. and 6:00 a.m. of the following day. Noise sources associated with operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration, remodeling, paving, or grading of any real property or demolition work which creates sound which is in violation of § 3-11.01 of this title is prohibited. Provided, however, the Community Development Director or their designated representative may, for good cause, exempt certain construction work from the provisions of this chapter for a limited time when an unforeseen or unavoidable condition occurs during a construction project and the nature of the project necessitates that work in process be continued until a specific phase is completed. In such circumstance, the contractor or owner shall be allowed to work after 8:00 p.m. and to operate machinery and equipment necessary until the specific work in progress can be completed in a manner which will not jeopardize the inspection or acceptance of a project or create undue financial hardships for the contractor or property owner.

(C) Between the hours of 10:00 p.m. and 6:00 a.m. of the following day. Operating or permitting the operation of any mechanically powered saw, drill, grinder, lawn or garden tool, or similar tool which creates sound which is in violation of § 3-11.01 of this title.

(Ord. 622, passed 5-18-94; Am. Ord. 834 C.S., passed 4-16-08)

(A) Every person who conducts or allows to be conducted a party as defined herein which has present and uses any electronic sound reproduction and or amplification device and or similar system between the hours of 10:00 p.m. and 8:00 a.m. of the following day, that produces sound in violation of § 3-11.01 of this title is guilty of a violation of this section.

(B) For purposes of this section, the term PARTY means a gathering for social and/or entertainment purposes at a private residence or other location.

(C) Any noise, commotion, or sound resulting from a party which can be plainly heard at a distance of 50 feet from the location of the party or from inside a neighboring residence shall be prima facie evidence of a violation of this section.

(Ord. 622, passed 5-18-94)

The first violation of any provision of this chapter is an infraction. Any subsequent violation of this chapter by any person within 12 months from a conviction for violating any provision of this chapter and/or the forfeiting of bail in connection with a prior violation of this chapter is a misdemeanor.

(Ord. 622, passed 5-18-94)

(A) Liability.

(1) A second or subsequent response by police personnel. within eight hours of the first response, to a location at which there was a violation of § 3-11.03 of this chapter, shall cause all persons responsible for such response to be jointly and severally liable for the cost thereof. A second or subsequent response to such an incident is an emergency response inasmuch as such response requires immediate action in order to safeguard the public health, welfare, and safety of the residents in the neighborhood where such violation is occurring.

(2) The person responsible for the party, and/or in charge of the premises at which the party is located, shall be deemed liable for the cost of the second police response, if either of those persons is a minor, the parents or guardians of that minor shall be held jointly and equally liable for such costs.

(B) The costs of any second or subsequent police response shall include all reasonable costs incurred by the city in responding to the party location. Costs shall include, but are not limited to, salary and benefits of city personnel, use of and/or damages to city equipment, treatment of injuries to city personnel, and administrative costs incurred to process, bill, and collect appropriate costs of police response.

(C) An invoice shall be prepared and sent to the responsible party notifying such person or persons of the specific charges for all reasonable costs incurred by the city attributable to the second police response. The responsible person or persons shall have a right to present any evidence or argument challenging the invoiced amount within ten days of the date the invoice was mailed. All challenges shall be made to the City Administrator or his or her designee.

(D) The amount of all reasonable costs incurred by the city shall be deemed a debt owed to the city by the person or persons liable for such costs pursuant to subsection § 3-11.05(A) of this section.

(E) If the persons liable for such costs pursuant to subsection § 3-11.05(A) of this section are minors, both the minor and the parents or guardians of such minor are jointly and severally liable for the costs of the second response. Any person liable for such second response costs pursuant to this section shall be liable in an action brought in the name of the city for recovery of such costs, including reasonable attorney's fees.

(F) The liability imposed by this section for second response shall be in addition to any fines penalties or forfeitures imposed for violation of any of the provisions of this chapter.

(Ord. 622, passed 5-18-94)