(A) The purpose of this section is to establish a collaborative process through which the city and the owner/manager/occupant of a property that has been identified as a chronic source of objectionable noise will develop and implement a noise mitigation plan intended to bring the noise to acceptable levels. A chronic noise producer is a location that, because of the sound generated by or at the location, is an annoyance to adjacent or nearby residences, lodgings, schools, businesses or other places where people may congregate with a reasonable expectation of undisturbed activity. An establishment may be a chronic noise producer without having violated other provisions of this chapter.
(B) The Chief of Police (or designee) may designate the owner/manager/occupant of the location as a chronic noise producer. In making such a determination, among other factors, the following shall be taken into consideration:
(1) The number and frequency of valid noise complaints;
(2) The proximity and physical relationship between the location and the complaining location(s);
(3) The severity of the sound events, both observed or measured;
(4) The times and days of the week of sound events;
(5) The location’s history of cooperation and efforts to alleviate the problem; and
(6) The history and context of the location, including whether the sound producing activity predates the occupation of the complaining locations and/or whether the sound producing location is located in what is generally recognized as an entertainment area.
(C) Upon designation as a chronic noise producer, the Chief of Police shall inform the location owner/manager/occupant of the location and that it has been referred to the Chronic Noise Mitigation Committee.
(1) The city’s Safety Committee shall serve as the Chronic Noise Mitigation Committee (“Committee”) for the purposes of this section. The Committee may request and consider the input of city staff and/or external experts with expertise in the type of location and/or noise under review.
(2) The Committee shall schedule a meeting with representatives of the location to review the information that formed the basis for the designation and any additional information concerning the noise produced at the location.
(3) Following the meeting, the Committee shall determine whether a mitigation plan is warranted. If determined warranted, the Committee and the representatives of the location shall together develop and endorse a noise mitigation plan. The plan may include, among other things:
(a) Restrictions on days of week or hours of noise producing activities;
(b) Placement, orientation and/or operation of sound-producing activity and/or equipment;
(c) Structural changes including, but not limited to, sound attenuation and baffling;
(d) Self-monitoring and reporting requirements;
(e) A schedule of plan Implementation; and
(f) A schedule for review for possible revisions and or termination of the plan.
(D) In the event that a location designated a chronic noise producer:
(1) Fails or refuses to participate in good faith in the development of a noise mitigation plan;
(2) Refuses to agree to the developed noise mitigation plan; or
(3) Fails to implement or comply with an endorsed noise mitigation plan, the business or entity shall be deemed as non-cooperative and shall not be entitled to the benefits of this section until that designation has been removed. The designation shall only be removed when the reason for such designation has been resolved to the acceptance of the Committee and the city.
(E) In the event that noise enforcement action is taken against a location previously designated as a chronic noise producer, evidence of the location owner/manager/ occupant’s participation in the development and implementation of and compliance with the noise mitigation plan shall be relevant to any prosecution or administrative or judicial review.
(Ord. 2015-10-6-33(1), passed 6-28-2016)