Redondo Beach Municipal Code Art. 8 Enforcement

Any noise exceeding the noise level limits for a designated receiving land use district category, as specified in Sections 4-24.301 of Article 3 and 4-24.401 of Article 4 of this chapter, or the prohibited actions as specified in Article 5 of this chapter, shall be deemed to be prima facie evidence of a violation of the provisions of this chapter.

(§ 1, Ord. 2183 c.s., eff. August 11, 1976)

(a) Except as provided in subsection (b) of this section, and before issuing a notice of violation as provided for in Section 4-24.803 of this article, the NCO responsible for the enforcement of any provision of this chapter may issue an order requiring the abatement of a sound source alleged to be in violation within a reasonable time period according to guidelines which the NCO may prescribe.

(b) An abatement order shall not be issued for any violation which is deemed a misdemeanor or when the NCO has reason to believe there will not be compliance with an abatement order.

(c) No complaint or further action shall be taken in the event the cause of the violation has been removed or when the condition has been abated or fully corrected within the time period specified in the written notice.

(§ 1, Ord. 2183 c.s., eff. August 11, 1976)

Except where a person is acting in good faith to comply with an abatement order issued pursuant to Section 424.802 of this article, the violation of any provision of this chapter shall be cause for a notice of violation to be issued by the NCO according to procedures which the NCO may prescribe.

(§ 1, Ord. 2183 c.s., eff. August 11, 1976)

As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter, which operation or maintenance causes or creates sound levels or vibrations exceeding the allowable limits as specified in this chapter, shall be deemed and is hereby declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. Additionally, no provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injuries or damages arising from any violation of this chapter or from other laws.

(§ 1, Ord. 2183 c.s., eff. August 11, 1976)

If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated.

(§ 1, Ord. 2183 c.s., eff. August 11, 1976)