§ 10-36. Enforcement.

Violations of this article shall be enforced by the Code enforcement division of the community development department or the police department. Violations of this article shall be prosecuted through the special magistrate and any other legal means of enforcement.

If a noise complaint is filed with the city, the enforcement official shall promptly visit both the location of the complainant and the source of the sound to determine the validity of the complaint.

If the complaint is determined to be legitimate, the enforcement official shall direct that the sound volume be promptly lowered to a level that complies with the these regulations or if the violation is for outside amplification without an outside amplification permit, then all amplification sources must be turned off; this notification shall be considered a "first warning". One (1) such warning will be tolerated per 24-hour period—if a second notification is required, it shall be in the form of a notice to "shut down" ("stop the music") for the remainder of the day.

Five (5) "warning notices" or three (3) "shut-downs" during either a 12-month period, may result in the city denial of an outside amplification sound permit or special event permit for up to a 12-month period from the date of the final warning notice of "shut-down", which will be applicable to both the location and the sponsor. To avoid being prohibited for twelve (12) months to obtain an outside amplification permit or special event permit, the property owner or tenant or sponsor shall be required to prove to the city that changes and modification to the operations have been made to address the noise violation(s).

The operation or maintenance of any device, instrument, vehicle or machinery which violates the provisions of this article and that endangers the comfort, repose, health and peace of the residents in the affected area is hereby declared to be a public nuisance, and the city is authorized to pursue any and all remedies therefor. Nothing herein shall be construed to limit any private right of action.

(Ord. No. 94-23, § 2, 1-10-95; Ord. No. 18-11 , § 1, 7-10-18)

Editor's note

Ord. No. 18-11 , § 1, adopted July 10, 2018, added § 10-35 pertaining to outside amplification permit, and renumbered former § 10-35, pertaining to enforcement, as § 10-36. Former § 10-36, which pertained to unnecessary noise from the operation of any motor vehicles, was repealed and was derived from Ord. No. 03-04, § 1, adopted Feb. 25, 2003.