§ 15-6. Violation procedures.
(a)
Violation of sound level limits; violation of plainly audible standard on other than posted property.
(1)
Warnings:
a.
When a designated official of the city determines that there is a violation of section 15-3 and the sound is coming from non-posted property, the official shall issue a written warning to the person or persons responsible for the sound. The warning shall advise the person of the violation, and of the possible penalty if the person fails to eliminate the sound or reduce the sound so that it is within permitted limits.
b.
The person or persons receiving the warning shall have a reasonable time, as defined in section 15-2, to comply with the warning.
c.
For the purposes of this section, it is sufficient warning for all prohibited sounds if the person or persons responsible for any succeeding sounds are warned of, or cited for, one or more offending sounds of the same type within the previous year (365 days), or in the case of a business, in the time period since ownership of the business changed, whichever is less.
(2)
Citation; confiscation of sound emitter.
a.
If the sound is not eliminated or is not reduced to allowable limits within a reasonable time after the warning, or if the noise or sound is abated after warning and then reoccurs, the person so warned and not complying shall be cited for a violation of this chapter.
b.
The city manager or designee shall notify the operator of any device that produces sound in excess of the limits set by Table I or Table I-A in section 15-3(b) that the device is a health hazard. The city manager or designee shall have the power and authority to have the device removed or toned down instantly until such time as it can be otherwise operated in compliance with this chapter.
(b)
Violation of plainly audible standard on posted property.
(1)
When a designated official of the city determines a person or persons are making, causing or allowing the making of sound that is in violation of the plainly audible standard on property posted as described below, the official shall issue a citation for violation of this chapter to such person or persons.
(2)
Property shall be considered posted for the purposes of this subsection if at least one warning sign is posted in a conspicuous place on the property, clearly visible and readable to all persons entering the property, warning persons that noise that is plainly audible is prohibited. Signs shall read as follows:
WARNING
Playing a stereo
radio, or amplifier
that can be heard 200 feet
away is prohibited.
City Ord. Sec. 15-3Letters in the word "WARNING" must be at least two inches high in bold type. Letters for the remaining text must be at least one inch high in normal type, and the words "City Ord. Sec. 15-3" must be at least one-half inch high in normal type. All letters must be light-reflective on a contrasting background. The sign structure containing the required warning must be permanently installed with the word "WARNING" not less than three feet and not more than six feet above ground level.
(3)
The city manager or designee may require a property to be posted if it is used for commercial purposes, including as a parking lot for an adjacent business, and:
a.
The business is generally unattended by the owner or an agent of the owner during normal operating hours; or
b.
Two or more citations for violation of this chapter resulting in payment of a fine or adjudication of guilt by a judge are issued due to acts of patrons or visitors during any 90-day period.
(c)
Other limits; complaint procedure.
(1)
Any complaint regarding a sound or noise disturbance based solely on its disturbing a reasonable person of normal sensitivities must be filed by a person who is disturbed by the sound or noise. The burden of proof of this complaint will be on the complainant if the complaint results in a hearing before a judge. The complaint may be filed at the time of the disturbance or within a reasonable period of time after the fact.
(2)
When a complaint has been received, a designated official shall investigate the charges. If the official finds probable cause to believe the owner/operator is in violation of this chapter, the official shall issue a warning to cease and desist the violation.
(3)
If the owner/operator does not take corrective action within a reasonable time as defined in section 15-2, or if the noise or sound is abated after warning and then reoccurs, the official may issue a citation or file a sworn complaint with the state attorney. For purposes of section 15-3(d)(5) (animal noises), the noise will be considered to be unabated, or abated and reoccurring, if the official hears the same noise more than ten minutes after issuing the warning; and the official may then issue a citation based on this violation.
(d)
Joint and several responsibility. The owner, tenant or lessee of property, or a manager, overseer or agent, or any other person lawfully entitled to possess the property from which the offending sound is emitted at the time the offending sound is emitted, shall be responsible for compliance with this chapter. It shall not be a lawful defense to assert that some other person caused the sound. The lawful possessor or operator of the premises shall be responsible for operating or maintaining the premises in compliance with this chapter and shall be punished whether or not the person actually causing the sound is also punished.
(e)
Violation may be declared public nuisance. The operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions of this chapter which endangers the public health, safety and quality of life of residents in the area is declared to be a public nuisance, and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
(Ord. No. 3868, § 1, 6-22-93; Ord. No. 4016, § 1, 9-12-94; Ord. No. 951346, § 1, 5-28-96; Ord. No. 960008, § 1, 12-8-97; Ord. No. 981314, § 1, 4-10-00; Ord. No. 050635, § 1, 10-23-06)