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(A) Police officers are authorized to investigate noise complaints and shall do so using only decibel measurements pursuant to this chapter and not by subjective data (individual opinion or experience), but rather objective data (impartial decibel levels set forth in Table 1). The investigating police officer, after receiving a complaint, shall take a decibel measurement upon arrival 20 feet from the complaining party's building footprint.
(1) If the maximum decibel level is higher than allowed in this chapter, the police officer shall immediately contact the owner or manager of the offending property and verbally warn them to reduce the noise. The complainant will be informed that a warning has been issued. Additional warnings shall be provided by the officer to the owner or manager of the offending property if they have not had violations within 60 calendar days from the date of the last warning. All warnings will be documented in the Police Department's computer aided dispatch ("CAD") system or by Department report.
(2) If the maximum decibel levels in Table 1 are subsequently exceeded within 60 calendar days from the date of the last warning that was given the police officer shall issue a citation to the owner or manager of the offending property with a date to appear in court. If the owner or manager of the offending property cannot be located to be cited, is evading personal service of the citation, or refuses to sign the citation, the police officer shall document the reason and shall submit the case to the prosecutor who shall determine whether the submitted evidence from the police officer supports the filing of a long form complaint with the court.
(3) It shall be unlawful for any person to misrepresent or give any false or inaccurate information or in any way attempt to deceive a police officer in order to avoid compliance with the provisions of this chapter.
(B) A police officer shall advise any person violating this section to abate the violation. It is unlawful for any person to fail to comply with an order of a police officer regarding a noise violation.
(C) The business, enterprise, person or persons creating the noise, involved in the activity or operating the equipment which creates the noise as well as the business, enterprise, owner, lessee, tenant, occupant or other possessor of the property on which the noise is created or the activity or operation creating the noise is located, shall be responsible or liable for any violation of this chapter.
(Ord. 1492, passed 8-18-2020)