(A) A person or group of persons will not be deemed to have violated § 91.06 unless the noise being created, caused, or allowed to continue by said person(s) is reported on at least two occasions, at least 20 minutes apart, by different complainants at two different locations when combined with the complaint of a duly authorized investigating person, shall be prima facie evidence that such sound is unreasonably loud, disturbing, and annoying or a nuisance noise, or unless the noise is of such a nature that a reasonable person should have known that the noise was a nuisance as defined in § 91.07. Sound emission decibel measurements shall not be required for establishment of a prima facie case.
(B) Sounds created by existing sources and/or equipment in place and operational prior to the effective date of this subchapter, and maintained in good working order, are not violations of this subchapter if the sound levels created do not exceed the limits allowed by this subchapter prior to the effective date.
(C) HILU facilities outlined in § 91.03 shall only be subject to this presumption when and if the noise complained of is shown to have occurred outside of HILU daytime hours.
(Ord. passed 1-3-2011)