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NOISE7.20.040 Prohibitions.
No person or person in charge of property shall produce or permit to be produced, with a sound producing source, sound that:
(1) When measured at or within the boundary of property on which a noise sensitive unit which is not the source of the sound is located:
(a) exceeds 50 dBA at any time between 10:00 p.m. and 7:00 a.m. the following day; or
(b) exceeds 60 dBA at any time between 7:00 a.m. and 10:00 p.m. the same day; or
(c) is plainly audible at any time between 7:00 a.m. and 10:00 p.m. the same day at a distance of at least 100 feet from the source of the sound.
(2) Is plainly audible at any time between 10:00 p.m. and 7:00 a.m. the following day:
(a) within a noise sensitive unit that is not the source of the sound; or
(b) on a public right-of-way at a distance of at least 50 feet from the source of the sound.
(3) Violation of any provision of this section may be subject to a fine or penalty in the maximum amount of $1,000. Class A violation
7.20.060. Enforcement.
(1) If the manager reasonably believes that the instrument causing the sound deemed to be a violation likely may be used to persist in causing additional violations of this article, a public safety officer may seize the instrument and impound it.
SEE CITY ATTORNEY RULES BELOW FOR CITATION PROCEDURES
Exceptions.
The following are exceptions to the prohibitions of GRC 7.20.040:
(1) Sounds caused by organized athletic or other group activities, when such activities are conducted on property generally used for such purposes, such as stadiums, parks, schools, churches, and athletic fields. This exception shall not impair the manager's power to declare such event or activity in violation of other laws, ordinances or regulations.
(2) Sounds caused by emergency work, or by the ordinary and accepted use of emergency equipment, vehicles, and apparatus, regardless of whether such work is performed by a public or private agency, or upon public or private property.
(3) Sounds caused by bona fide use of emergency warning devices and alarm systems.
(4) Sounds regulated by federal law, including, but not limited to, sounds caused by railroad, aircraft, or commercially licensed watercraft operations.
(5) Sounds caused by blasting activities when performed under a permit issued by appropriate governmental authorities and only between the hours of 9:00 a.m. and 4:00 p.m. of the same day, excluding weekends.
(6) Sounds caused by industrial, agricultural, or construction activities during the hours of 7:00 a.m. and 10:00 p.m. of the same day.Information for the Issuance of Noise Civil Penalties
Provided by Ashley Berman, Assistant City Attorney
June 7, 2013- Warnings. Written warnings are required. Some period of time must pass before issuance of a civil penalty to allow the person an opportunity to correct the noise violation.
- Name of Responsible Person Required.
- Before issuing a warning or a civil penalty, obtain the responsible person’s name and identification.
- If an officer has contacted the occupant of a property and obtained ID for a warning, and no one answers the door at the time a penalty is to be issued, the officer may issue a penalty in the name of the occupant that the warning was issued to. The occupant who received the warning is responsible for the noise, even if he or she could not be contacted at the time of the violation.
- Phone number. Obtain a phone number. New forms will have a blank for phone numbers.
- Code sections
- Daytime.
- If noise is “plainly audible” 100 feet from the source of the sound between 7 am and 10 pm, check off (1)(c). (1)(a) and (b) require a noise meter in order to confirm the violation.
- Code compliance has noise meters and may be able to assist with daytime noise calls.
- Nighttime
- If noise is “plainly audible” from inside a residence of a complaining party between 10 pm and 7 am, check off (2)(a).
- If noise is “plainly audible” on a public right of way from 50 feet away from the source of the sound between 10 pm and 7 am, check off (2)(b).
- Delivery
- If leaving a notice with an occupant, check personal delivery.
- If leaving a notice at the door, but no contact was made, check regular mail and certified mail. Make sure you send a copy regular and certified mail to property.
- Send a copy of the notice via regular mail to the property owner, if different from the occupant. Stamp or write COPY on the notice. This may be something that is not being done, but it is required by code.
- Repeat violations
- Additional violations at the same property within a two year period may be issued a civil penalty in the escalated amounts without warning. If the occupant moves, the clock starts over.
- Commercial Properties / Event Centers
- The property owner may be cited as the responsible party of an event center that is leased for parties.
- To provide an opportunity for the owner of the event center to comply and properly manage the event space, it is recommended to issue one or multiple warnings to the property owner to notify them that they will be held responsible for parties that violate the noise code.
- It is also recommended for an officer to call the property owner to discuss the noise code, the complaints, and their responsibility under the code and the possibility for civil penalties. Personal contact has helped educate and reduce the incidence of event noise violations.
- A noise civil penalty warning or civil penalty should be issued in the name of the Property Owner, and the name of the responsible person at the event site should be added to the form as the owner’s agent. This designated person will not be responsible for the civil penalty, but it allows the City to have a point of contact from the site on the date of the event. It is okay if this person changes throughout the night.
- A copy of the warning or civil penalty should be mailed by certified and regular mail to the property owner. Either or both the “personal delivery” or the