National City Municipal Code Ch. 12.18 Enforcement

A. Violation of this title by making or allowing a nuisance noise disturbance shall be an infraction for a first violation.

B. Repeat violations may be prosecuted as misdemeanors under the provisions of section 1.20.020.

(Ord. 2188 § 2, 2001)

A. Classification of environmental noise. The planning director or designate is responsible for administration and enforcement of environmental noise, and making determinations that any given obtrusive noise condition falls within the definition of environmental noise disturbance, pursuant to Section 12.04.480(A), as an environmental noise. Appendix A of Chapter 12.22 shall be used as an aid in such determinations. The planning director may make determinations pursuant to Section 18.104.030 for classifying noise sources not specifically mentioned in Appendix A. Sound level meters shall be used, when practicable or available, to measure the level of a noise disturbance. The duration of the noise event should be assessed, as applicable. Failure to do so shall not bar enforcement action to prosecute or abate violations, and the planning director may use other available evidence to justify such action.

B. Responsibility. The planning director shall be responsible for investigation and enforcement of environmental noise disturbances.

C. Guidelines. The planning director may, from time to time, promulgate additional guidelines for administration and enforcement of the provisions of this title pertaining to noise violations.

D. Abatement. The officer responsible for enforcement of any provisions of this section shall first issue an order requiring abatement of a sound source alleged to be in violation of this Title 12. Orders of abatement may be written or verbally administered. The order to abate an environmental noise disturbance may allow a reasonable time for abatement, not to exceed thirty days, and nuisance noise disturbances may be ordered abated immediately. If the source of the noise is equipped with a volume control device, the violator shall be allowed to adjust the volume until the volume complies with lawful sound levels. Failure to comply within the time specified may thereafter be enforced criminally or civilly, or both, as a violation of this title. Abatement of the noise disturbance shall terminate further enforcement action regarding a particular environmental noise disturbance, unless the event is repeated. No complaint or further action shall be taken in the event that the cause of the violation has been removed, the condition abated or fully corrected within the time period specified by the planning director or designate.

(Ord. 2188 § 2, 2001)

A. Classification of nuisance noise. The chief of police or designate is responsible for administration and enforcement of any obtrusive noise condition that falls within the definition of nuisance noise disturbance defined under Section 12.04.480(B) or Chapter 12.10. Appendix A of Chapter 12.22 may be used as an aid in making such determinations. At the request of the chief of police, the planning director may make determinations as provided for under National City Land Use Code, Section 18.104.030 for classifying nuisance noise sources not specifically mentioned in Appendix A.

B. Responsibility. The chief of police shall be responsible for investigation and enforcement of nuisance noise disturbances.

C. Guidelines. The chief of police may, from time to time, promulgate guidelines for administration and enforcement of the provisions of this title pertaining to nuisance noise violations. Sound level meters shall be used, when practicable or available, to measure the level of the noise disturbance. The duration of the noise event should be assessed, as applicable. Failure to do so shall not bar enforcement action to prosecute or abate violations, provided there is other objective evidence available to justify such action.

D. Abatement order. The officer responsible for enforcement of any provisions of this section shall first issue an order requiring abatement of a sound source alleged to be in violation of this Title 12. Orders of abatement may be written or verbally administered. The order to abate an environmental noise disturbance may allow a reasonable time for abatement, not to exceed thirty days; nuisance noise disturbances may be ordered abated immediately. If the source of the noise is equipped with a volume control device, the violator shall be allowed to adjust the volume until the volume complies with lawful sound levels. Failure to comply within the time specified may thereafter be enforced criminally or civilly, or both, as a violation of this title.

(Ord. 2188 § 2, 2001)

A. Where investigation reveals that offending noise violates both the environmental noise regulations and the nuisance noise regulations, the offense shall be enforced as a nuisance noise violation unless the planning director, upon consultation by the chief of police, makes a specific finding that the environmental noise regulations more nearly apply, in which case the environmental noise regulations shall then apply.

B. Nothing contained in this provision shall limit the city's ability to prosecute or abate noise violations as both environmental and nuisance noise.

(Ord. 2188 § 2, 2001)

Upon receipt of a complaint, the code enforcement officer shall investigate the complaint, measure the sound level using a sound level meter whenever practicable, and gather non-acoustic data to adequately define the noise problem.

A. Non-acoustic data. Non-acoustic data shall consist of the following: the type of noise source; location of the source relative to the affected property; time period(s) and duration during which the noise source is considered to be a disturbance; and the date and time(s) of the noise measurement survey.

B. Exterior noise measurement procedure. Noise measurement procedure using a sound level meter defined in 'Section 12.04.640 shall use the "A" weighting scale and the "slow" meter response, except that the "fast" response shall be used for impulsive type sounds. Measurements shall be taken at any point on the receiving property with the microphone located at a height between four to five feet above the ground, and at least ten feet from the source and any nearest reflective surface, if possible. The microphone shall be placed so as to take into account any relevant topography or any acoustical aberration or irregularity.

C. Interior noise measurement procedure. If the complaint is related to interior noise, the "A" weighted scale, "slow" response (or "fast" if impulsive) shall be used, and measurements shall be taken within the affected dwelling unit at a point at least four feet from the wall, ceiling or floor nearest the noise source, with the windows open or closed in normal seasonal configuration.

D. Calibration. The sound level meter shall be calibrated both immediately before and after recording any noise data, using an acoustic calibrator.

(Ord. 2188 § 2, 2001)

As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery which causes or creates sound levels or vibration exceeding the allowable limits specified in this title is declared to be a public nuisance, and shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction, or through administrative means pursuant to Chapters 1.44 or 1.48. Additionally, no provision of this title shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person or injury or damage arising from any violation of this title or from other law.

(Ord. 2188 § 2, 2001)