Chapter 9.05
NOISE CONTROL
Sections:
9.05.030 Sound level measurement.
9.05.010 Definitions.
For the purpose of this chapter, the following definitions shall apply:
“Ambient noise” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
“Amplified sound” means any sound amplified with a machine or device that magnifies the human voice, music, or any other sound.
“Audible” means any sound which clearly can be heard by unimpaired auditory senses; however, words or phrases need not be discernible and said sound shall include bass reverberation.
“Cost recovery fee for public safety services” means the costs associated with responses by the public safety officer including, but not limited to, the portion of the cost of salaries and benefits for time spent responding to, remaining at, or otherwise dealing with the disruptive, excessive and offensive noise, and the administrative costs attributable to such response.
“Disruptive, excessive and offensive noise” means any noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person.
“Mixed-use zoning district” means any of the mixed-use districts as established by the City of Dixon Zoning Map and DMC Title 18, including, but not limited to, CMX, CAMX, and DMX, or otherwise amended to apply to other designations that allow both residential and nonresidential uses.
“Party” or “gathering” means a group of persons who have assembled or are assembling in a manner so as to create a substantial disturbance of the quiet enjoyment of private or public property. This includes, but is not limited to, excessive noise or traffic, fights, and/or disturbances of the peace.
“Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.
“Residential zoning district” means any of the residential districts as established by the City of Dixon Zoning Map and DMC Title 18, including, but not limited to, RL and RM, or otherwise amended to other designations that allow residential uses. [Ord. 22-006 § 2; Ord. 24-002 § 6 (Exh. B).]
9.05.020 Noise standards.
A. Making or emitting any noise uncomfortable to or annoying to a reasonable person is hereby declared a nuisance in the City.
B. Unless otherwise exempted by other provisions of this chapter, the following acts are declared to be disruptive, excessive and offensive noises in violation of this chapter:
1. Any person that willfully or negligently makes or continues, or causes to be made or continued, any disruptive, excessive and offensive noise, amplified sound, or any other noise that is audible from the nearest public street or walkway within any residential zoning district or mixed-use zoning district of the City between the hours of 10:00 p.m. and 7:00 a.m.
2. A party or gathering that takes place on private property within any residential zoning district or mixed-use zoning district of the City that willfully or negligently makes or continues, or causes to be made or continued, any disruptive, excessive and offensive noise, amplified sound, or any other noise that is audible from the nearest public street or walkway between the hours of 10:00 p.m. and 7:00 a.m. [Ord. 22-006 § 2.]
9.05.030 Sound level measurement.
Any noise measurement made pursuant to the provisions of this chapter shall be performed by law enforcement personnel. Law enforcement personnel shall determine whether the noise is audible from the nearest public street or walkway where law enforcement personnel may lawfully be present without a warrant. [Ord. 22-006 § 2.]
9.05.040 Reserved.
[Ord. 22-006 § 2.]
9.05.050 Enforcement.
A. When (1) a party or gathering takes place on private property, or when any person engages in any activity on private property within any residential zoning districts or mixed-use zoning districts of the City, and (2) said party, gathering, or activity is determined by law enforcement personnel at the scene to constitute a violation of the California Penal Code or this chapter, or is otherwise disruptive to the public peace, health, safety, or welfare due to the magnitude of the crowd, loud music or other noise, disturbances, unruly behavior of those attending the party or gathering, excessive traffic, destruction of property, or other activity, it is hereby declared a nuisance. Any City employee or agent of the City with the authority to enforce any provision of the DMC is authorized to take all actions and to issue all directives as may be necessary under the circumstances to abate the violation, condition, or nuisance including the following:
1. Notify the person or persons responsible for any party or gathering that constitutes a violation of this chapter, that the noise from the party or gathering is a public nuisance, and that such nuisance must be abated.
2. Direct the person or persons responsible for any party or gathering that constitutes a violation of this chapter to terminate immediately the performance by any live band, the playing of one or more musical instruments, or the playing of music by means of any electronic or mechanical device that produces or reproduces sound.
3. After providing a warning in accordance with DMC 1.07.050, issue an administrative citation for a violation of this chapter in the amount of two hundred dollars ($200.00). Any subsequent violation that occurs within the same 10:00 p.m. to 7:00 a.m. period as the initial warning and administrative citation, shall be issued an administrative citation in the amount of five hundred dollars ($500.00) for each such violation of this chapter.
4. Issue a written notice and warning to the person or persons owning or occupying the premises where the party or gathering is being held, or where violating noise is generated by any offending person(s) that if law enforcement personnel are required to respond to that location to abate a violation or condition, the owner or occupant of the premises may be liable for the cost recovery fee for public safety services incurred by the City in providing that additional response.
B. Second and Subsequent Responses. In addition to the penalties established in this section, if, after issuance of the notice and warning specified in this section, the condition or violation is not abated and law enforcement personnel are again required within the same 10:00 p.m. to 7:00 a.m. period as the initial warning and administrative citation to respond to the same location in order to disperse the party or gathering, quell any disturbance of the peace, direct traffic, cite illegally parked vehicles, or to provide similar services, then the City may seek reimbursement of the cost recovery fee for public safety services of each such response as provided in DMC 9.05.070. [Ord. 22-006 § 2.]
9.05.060 Remedies cumulative.
A. The remedies, fines, penalties, and fees provided for under this chapter are cumulative and shall not restrict the City from any other remedy to which it is entitled under law or equity. Nothing in this chapter shall be deemed to preclude the imposition of any criminal penalty under State law or this code, nor shall anything in this chapter be deemed to conflict with any penalty or provision under State law, or to prohibit any conduct authorized by the State or Federal Constitution. This chapter shall not be interpreted in any manner that conflicts with the laws or Constitutions of the United States or California.
B. Nothing in this chapter shall be construed as a waiver by the City of any right to seek reimbursement for actual response costs incurred through other legal remedies or procedures. [Ord. 22-006 § 2.]
9.05.070 Cost recovery.
A. In addition to any fine imposed on the person responsible for a violation of this chapter, the responsible person will be liable for the cost of providing public safety services for any second or follow-up response by public safety personnel; provided, that a warning to the person responsible to abate the disruptive, excessive and offensive noise shall have been given during the first response and that a second or follow-up response during the same 10:00 p.m. to 7:00 a.m. period will result in liability for the cost of providing public safety services.
B. The amount of the cost recovery fee for public safety services under this section shall include the cost of all public safety services provided to respond to the noise disturbance but shall not exceed five hundred dollars ($500.00) for a single incident. The City does not hereby waive its right to seek reimbursement for actual costs exceeding five hundred dollars ($500.00) through other legal remedies or procedures. The amount of such fees charged shall be deemed a debt of the person or persons receiving said services and, if minors, their parents or guardians, and is due and payable to the City. Any person owing money shall be liable in an action brought in the name of the City for recovery of such amount, including reasonable attorney’s fees. [Ord. 22-006 § 2.]
9.05.080 Severability.
If any section, subsection, sentence, clause, portion, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this chapter. The City Council hereby declares that it would have passed the ordinance codified in this chapter and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the chapter would be subsequently declared invalid or unconstitutional. [Ord. 22-006 § 2.]