A. When an enforcement officer responds to an initial citizen complaint of unreasonable noise and perceives activities or circumstances that violate section 9.38.030, 9.38.050 or 9.38.052, the officer shall give a verbal or written warning specifying those activities or circumstances to a resident of the property upon which the activities or circumstances exist or to any individual exercising or claiming control of the site or assuming responsibility for the activities or circumstances.
B. Notwithstanding the above, an enforcement officer is not required to issue a warning and may issue a citation for a violation of section 9.38.030, 9.38.050 or 9.38.052 under any of the following circumstances:
1. The enforcement officer has responded to two or more incidents of unreasonable noise regarding the same location, activities or circumstances; or
2. The noise occurs between the following hours:
a. 10:00 p.m. Sunday and 7:00 a.m. Monday;
b. 10:00 p.m. Monday and 7:00 a.m. Tuesday;
c. 10:00 p.m. Tuesday and 7:00 a.m. Wednesday;
d. 10:00 p.m. Wednesday and 7:00 a.m. Thursday;
e. 10:00 p.m. Thursday and 7:00 a.m. Friday; or
f. 12:01 a.m. and 7:00 a.m. on Saturday and Sunday.
C. Once a violation of any provision of this chapter has been verified by a police officer or other authorized person, the owner(s) of the property where the violation occurred may be subject to a violation of this chapter for allowing a subsequent violation of this chapter to occur on the property within 180 days after the date of the previous violation, provided the property owner has received written notification from the city of the previous violation and at least fourteen days have passed since the date the notification was mailed to the property owner(s).
D. A warning issued pursuant to paragraph A above shall be binding upon all existing residents of the property subject to the warning but shall not be binding upon future residents not residing on the property at the time the warning is issued.
E. If no other individual can be found to whom a citation can be issued for the second or continuing violation, a citation may be issued for the first violation to the individual to whom the warning was issued on the first response.
(Ord. 2195, Ord. 2298, Ord. 2331; Ord. 2434 §1, Ord. 2472 §3)