A. Enforcement: The provisions of this chapter shall be enforced consistent with the provision of title 1, chapter 4 of this code. Any city official charged with enforcement of this chapter shall provide written notice of violations to the party causing the violation, which shall include the following information. A violation may be issued where no noise measurement has been conducted if other documentation is prepared demonstrating a violation of this chapter.
1. A description of the violation and citations of applicable provisions being violated; and
2. A statement that the property owner may request an administrative hearing on the matter, pursuant to the provisions of title 1, chapter 10 of this code.
B. Noise Measurement: The following procedures shall be employed for monitoring and evaluating noise in the community unless otherwise specified in this chapter:
1. The evaluation shall be conducted any time of the day or night when the offending noise source is being operated.
2. For outside measurements, the location selected for monitoring shall be at a point at least ten feet (10') from any building, wall, or obstruction (trees, bushes, etc.) whenever possible. In cases where no point on the property line satisfies this criteria, readings will be taken as far as possible from the nearest obstruction and such distance will be noted. For inside measurements, the monitoring location shall be at least three feet (3') from any wall.
3. The sound level meter shall be equipped with an omnidirectional microphone.
4. No individual other than the operator shall be within ten feet (10') of the sound level meter during the sample period.
5. The ambient noise level shall be determined with the offending noise source not in operation, in the following manner:
a. Calibrate the sound level meter in accordance with the manufacturer's instructions.
b. Set the sound level meter on the "A" weighted network at slow response.
c. Without the offending noise source in operation, set the microphone in a vertical position on the complaining party's property with the microphone head approximately four feet (4') above the ground or floor. The operator shall face the noise source and record the meter's instantaneous response (reading) observed at fifteen (15) second intervals for a period of fifteen (15) minutes. The arithmetical average (mean) reading is interpreted as the ambient noise level of that sampling point.
6. With the offending noise source in operation, the operator shall again record the instantaneous response at the same location at fifteen (15) second intervals for a fifteen (15) minute period, or, for a noise source of less than fifteen (15) minutes, the operator shall record the instantaneous response at fifteen (15) second intervals for the time the offending noise source is in operation. The arithmetical average (mean) response level recorded while the offending noise source is in operation is interpreted as the offending noise level.
C. Violations And Penalties:
1. No person shall make, cause, suffer, or permit to be made any offensive noises that disturb or annoy people of ordinary sensitiveness or which are so harsh or so prolonged or unnatural or unusual in their use, time, or place as to cause physical discomfort to any person, and which are not necessary in connection with any lawfully conducted activities.
2. No person shall, between the hours of eight o'clock (8:00) P.M. and seven o'clock (7:00) A.M., make, cause, suffer, or permit to be made any offensive noise within the vicinity of any building or place regularly used for sleeping purposes.
3. Except as provided hereinafter, a violation of this chapter shall be an infraction. Any person who violates any section of this chapter and is cited for such a violation, and who within forty eight (48) hours after receiving such a citation again violates the same section, shall be guilty of a misdemeanor. A person is cited for a violation when he or she is issued and signs an infraction or misdemeanor citation, or when he or she is arrested and booked, or when a complaint is filed and the person is notified of the filing of such a complaint. (Ord. 2012-01, 4-17-2012)