Rohnert Park Municipal Code Art. VII Regulations—violations

Notwithstanding any other provision of this chapter and in addition thereto, it is unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:

A. The level of the noise;

B. The intensity of the noise;

C. Whether the nature of the noise is usual or unusual;

D. Whether the origin of the noise is natural or unnatural;

E. The level and intensity of the background noise, if any;

F. The proximity of the noise to residential sleeping facilities;

G. The nature and zoning of the area within which the noise emanates;

H. The density of the inhabitation of the area within which the noise emanates;

I. The time of the day or night the noise occurs;

J. The duration of the noise;

K. Whether the noise is recurrent, intermittent, or constant; and

L. Whether the noise is produced by a commercial or noncommercial activity.

(Ord. 152 § 7, 1971)

A. Notwithstanding any of the prohibitions of Section 9.44.040 relative to ambient noise levels, the ambient noise levels set forth in Section 9.44.040 shall not apply provided the source of the amplified sound meets all of the following criteria.

1. The sound emanates from a facility owned by the city of Rohnert Park.

2. The facility is located on the west side of U.S. Highway No. 101.

3. The property upon which the sound emanates is public property.

4. The surrounding properties are zoned limited industrial district, (ML) and are developed with commercial and industrial uses.

5. The site from which the sound emanates is located no less than eight hundred feet from a residential zone as measured from the source as located on the site.

6. The sound emanating from the source is oriented toward the area least populated and the fewest properties that will be disturbed by the noise.

7. The concert or event shall end by eleven p.m.

B. For sites other than those specified in Subsection A., above, as herein designated, the prohibition of Section 9.44.040 relative to ambient noise levels shall not apply provided the amplified sound meets all of the following criteria:

1. The source of the sound is located at least one hundred feet from any residential district.

2. The activity does not extend beyond ten p.m. on weekdays (Sunday through Thursday) and beyond eleven p.m. on Friday and Saturday.

3. The sound emanating from the sound source is directed toward the least populated area that is located as far from the source as possible.

4. The source of the sound is located on "A" Park or the Medical Hospital site.

(Ord. 570 § 2, 1993)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not exceeding five hundred dollars or be imprisoned in the city or county jail for a period not exceeding six months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.

(Ord. 152 § 1.5, 1971)

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 discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health, or peace of residents in the area, is a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

(Ord. 152 § 1.6, 1971)