Chapter 5.28
NOISE
Sections:
5.28.020 Unreasonable noise prohibited.
5.28.010 Findings.
The City Council finds that the making, creation or maintenance of loud, unnecessary, unnatural, unusual or habitual noises which are prolonged, unusual, and unnatural in their time, place and use affect and are a detriment to the public health, comfort, safety, welfare, and prosperity of the residents of the city. The provisions of this chapter are enacted for the purpose of securing and promoting the public health, comfort, safety, welfare, and prosperity and the peace and quiet of the city and its inhabitants. (Ord. 4-84 § 1)
5.28.020 Unreasonable noise prohibited.
A. It is unlawful and a nuisance for any person within the city persistently to maintain, emit, cause, mechanically or otherwise, or permit any animal owned by him or in his possession or control to make any loud, or disturbing, or unnecessary, or unusual or habitual noise or any noise which annoys or disturbs or injures or endangers the health, repose, peace or safety of any reasonable person of normal sensitivity present in the area.
B. The standards which shall be considered in determining whether a violation of the provisions of this chapter exists shall include, but shall not be limited to the following:
1. The level, intensity, character and duration of the noise;
2. The level, intensity and character of background noise, if any;
3. The time when and the place and zoning district where the noise occurred;
4. The proximity of the noise to residential sleeping facilities; and
5. Whether the noise is recurrent, intermittent or constant. (Ord. 4-84 § 2)
5.28.030 Violation—Penalty.
Each violation of this chapter shall constitute a separate offense, and persons violating this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed five hundred dollars ($500) or by imprisonment in the county jail for a period not exceeding thirty (30) days, or both such fine and imprisonment. (Ord. 4-84 § 3)