A. The city recognizes the need to balance the level of noise associated with the reasonable and legal operation of businesses with the level of noise in the community and to provide for a method to assist businesses with understanding the noise levels that generate complaints. In furtherance of this policy, any business that is the subject of a complaint that is subject to a citation under subsection 5-1-3-7B of this chapter may request an SLM measurement by an NCO upon their reasonable belief that the noise level of their business operation would not be in violation of subsection 5-1-3-7A of this chapter if an SLM reading was taken.
B. A request from a business for an SLM reading shall be deemed to be sufficient under this section 5-1-3 if it is made at the time that an NCO or police officer appears at the premises to investigate a noise complaint.
1. In the event that a police officer requests that an NCO take a reading, the business in question may continue operations until such reading is taken but it shall not remove the officer's discretion to issue a citation under subsection 5-1-3-7B of this chapter if the business alters or ceases that part of the operation producing the noise to avoid the confirmation of a violation through the SLM reading and recommences operations within the next twelve (12) hours.
2. A police officer who chooses not to issue a citation upon a good faith belief that the noise level of the business operation would not be in violation of this section 5-1-3 if an SLM reading is taken by an NCO is not required to seek such reading unless requested by the business to determine whether they are in compliance.
3. A business must possess a valid business license to conduct the type of business being carried on at the location where the complaint arises before the option to permit SLM reading shall be considered. If a business license cannot be produced or the business operation does not have a valid business license, a police officer may issue a citation pursuant to subsection 5-1-3-7B of this chapter in addition to a citation for any other violations of this code.
C. In the event that an SLM reading confirms a violation of this section 5-1-3, a citation may be issued under subsection 5-1-3-7A of this chapter.
D. No police officer shall be required to honor a request for an SLM reading if such request is made within thirty (30) days after a citation for a violation of subsection 5-1-3-7A of this chapter was issued unless the citation has been dismissed or the business represents that noise remediation efforts have been undertaken.
E. Where an SLM measurement is not reasonably available, no police officer or NCO shall be prevented from issuing a citation for a violation of subsection 5-1-3-7B of this chapter. However, if the failure to conduct such SLM measurement is offered in defense of the citation, proof of the reasonableness of the decision not to conduct such SLM measurement shall be in the discretion of the municipal court. It is the intention of this section to allow SLM readings to be made available to a business, pursuant to the provisions of this section 5-1-3, whenever reasonably possible. (Ord. 469, 2-12-2013, eff. 3-8-2013)