§ 92.09 PRESUMPTION IN PROSECUTION FOR NOISE VIOLATIONS.
   The complaints of two or more persons who have heard the noise, at least one of whom resides in a different home from the other complaining persons or persons, or the complaint of a duly-authorized law enforcement officer, shall be prima facie evidence that the sound is unreasonably loud and disturbing. Sound emission decibel measurements shall not be required for establishment of a prima facie case. While, complainants are encouraged to contact law enforcement to report an unreasonably loud and disturbing noise prior to swearing out a warrant or other criminal process from a magistrate; they are not required to do so. Prior to appearing before the Magistrate, however, a verbal or written request asking the offending party to stop the offending noise is required. Any magistrate shall upon hearing convincing evidence under oath of two or more persons who have heard the noise, and not speaking on behalf of another person, shall issue a citation or other enforcement mechanism. A verbal or written request is not required before contacting law enforcement.
(Ord. passed 9-18-2006; Ord. passed 10-19-2015; Am. Ord. passed 3-19-2018)