Redwood City Municipal Code Div. 2 Party, Dance, Meeting or Other Assemblages

The following are deemed and declared to be excessive and unreasonable noises:

A. Noise levels, generated on or within any property between the hours of eight o'clock (8:00) P.M. and eight o'clock (8:00) A.M. by a party, dance, meeting or other assemblage of three (3) or more persons, which are more than six (6) dB above the local ambient measured at any point within a residential district of the City and outside the plane of said property;

B. Noise levels, generated on or within any property in a residential district between the hours of eight o'clock (8:00) P.M. and eight o'clock (8:00) A.M., by a party, dance, meeting or other assemblage of three (3) or more persons which are more than six (6) dB above the local ambient measured three feet (3′) from any wall, floor or ceiling inside any dwelling unit on the same property when the windows and doors of such dwelling unit are closed, except within the dwelling unit in which the noise source or sources is located.

(Ord. No. 1999, § 1, 7-24-89)

It shall be unlawful for any person, after having been given notice by the enforcement officer pursuant to Section 24.22, to suffer or allow, within twelve (12) consecutive hours following such notice, noise levels to be generated between the hours of eight o'clock (8:00) P.M. and eight o'clock (8:00) A.M. by a party, dance, meeting or other assemblage of three (3) or more persons on any property:

A. At more than six (6) dB above the local ambient measured at any point within a residential district and outside the plane of said property; or

B. At more than six (6) dB above the local ambient measured three feet (3′) from any wall, floor or ceiling inside any dwelling unit on the same property within a residential district, when the windows and doors of the dwelling unit are closed, except within the dwelling unit in which the noise source or sources are located.

(Ord. No. 1999, § 1, 7-24-89)

A. Notice Served: Upon determining that an excessive and unreasonable noise exists, the Enforcement Officer shall give written notice to abate said noise to the owner of the property in or on which the noise source or sources is or are located and/or persons suffering or allowing the party, dance, meeting or assemblage of three (3) or more persons to generate the excessive and unreasonable noise are present, in substantially the following form:

WARNING—YOU MAY BE CITED FOR A VIOLATION OF THE REDWOOD CITY NOISE REGULATIONS AND UPON CONVICTION THEREOF BE LIABLE FOR ALL COSTS ASSOCIATED WITH POLICE RESPONSE

The undersigned, as Enforcement Officer of the Noise Regulations of the City of Redwood City (Redwood City Code, Chapter 24), does hereby notify you that he or she has determined that a party, dance, meeting or other assemblage of three or more persons is occurring at _______, Redwood City, California; and such persons are generating excessive and unreasonable noise as defined by Section 24.20 of the Redwood City Code.

You are hereby notified that, if said excessive and unreasonable noise continues, you and all other persons to whom this notice is given may be cited for a violation of the Noise Regulations of the City of Redwood City pursuant to Redwood City Code Section 24.21.

You are hereby further notified that, if said noise continues, you and all other persons to whom this notice is given, and in the event of minors, then the parents or guardians of said minors, may be held liable to the City of Redwood City for all costs incurred by the City in any subsequent police responses within twelve hours of this notice, including actions to abate such noise, any arrests that are necessitated as a result of such responses or abatement actions, and all costs incurred in the prosecution of criminal actions resulting from such arrests, and all costs, including court costs and attorneys fees, incurred in the collection of the foregoing costs.

_____

_____

_____

(Name and Address of Person being Notified)

______________ Dated

______________ Enforcement Officer

B. Liability: After a person has been given notice as hereinabove provided, and said person continues to suffer or allow the excessive and unreasonable noise to continue between the hours of eight o'clock (8:00) P.M. and eight o'clock (8:00) A.M., then such persons, or in the event that all or any of the foregoing persons are minors, the parents and/or guardians of such minors, shall be jointly and severally liable for the entire cost to the City of the following items:

1. Any police response or responses to the incident, subsequent to the response at which notice was given, calculated on a time-and-materials basis at a rate set by the City's Director of Finance (which rate shall be determined on a full-cost-accounting basis and includes overhead, imputed rent and depreciation on equipment), which are or may be required to abate the excessive and unreasonable noise generated by the party, dance, meeting or other assemblage of three (3) or more persons;

2. In the event that arrests are made arising out of the occurrence of illegal behavior at, or in the vicinity of and related to the party, dance, meeting or other assemblage of three (3) or more persons, all police time incurred in the arrest, booking, jailing, and report preparation process;

3. In the event that police personnel are required to appear and/or provide evidence at a court proceeding relating to the arrest of persons at the party, dance, meeting or other assemblage of three (3) or more persons, all police time incurred in the appearance;

4. In the event that it becomes necessary to institute litigation to enforce the collection of any amounts hereunder due (for any of the costs identified above in subparagraphs 1 through 3, inclusive), all costs incurred by the City in the prosecution of the amount billed hereunder, including all court costs, attorneys fees and police officer court appearance costs not to exceed fifteen thousand dollars ($15,000.00).

C. Compromise of Debt: The City Manager shall have, and is hereby granted the authority to reduce or compromise such portion of the foregoing debt as he or she may, in his or her judgment, deem appropriate in the best interests of the City.

(Ord. No. 1999, § 1, 7-24-89)