8.80.070 Enforcement.
(1) Complaints necessary for enforcement – when. Enforcement of Sections 8.80.020 of this Chapter shall be undertaken by an enforcement officer only upon receipt of a complaint by an identifiable person who resides, owns property, or is employed in an area affected by the noise.
(2) Procedure for enforcement of Section 8.80.020. Upon receipt of a complaint from a person who resides, owns property, or is employed in the area affected by the noise complained of and within the time periods established in 8.80.020(2), the procedure for enforcing the provisions of 8.80.020 shall be as follows:
(a) If the measurement of sound is made with a sound level meter to determine if the maximum permissible sound levels are being exceeded, it shall be an instrument in good operating condition and shall meet the requirement for a Type I or Type II instrument, as described in American National Standards Institute Specifications, Section 1.4-1971. Noise measurement for the purpose of enforcing this Chapter shall be measured in dBA with a sound level meter with the point of measurement being at any point within the receiving property.
(b) Issuance – Notice of infraction. Upon receipt of a complaint that satisfies the criteria set forth in 8.80.020, and is not exempted by 8.80.050, an enforcement officer may issue a notice of infraction and shall request immediate compliance with this Chapter of any and all persons who could reasonably be expected by the enforcement officer to control the source of the noise complaint.
(c) Repeat Violations. For enforcement purposes, each complaint by separate persons that satisfies the criteria of 8.80.020, or each day, defined as the 24-hour period beginning at 12:01 a.m., in which violation of the noise control ordinance occurs, shall constitute a separate and subsequent violation. Where subsequent complaint(s) regarding noise emanating from the same person or property are made by the same complainant in a day, defined as the 24-hour period beginning at 12:01 a.m., the enforcement officer may issue a second notice of infraction with a mandatory court appearance required. No more than two notices of infraction based on complaints from a single person may be issued in any day.
(3) When enforcing the provisions of this Chapter, an enforcement officer at the time of requesting compliance or at the time of issuing a notice of infraction may request that
(a) the individual against whom a noise complaint has been received; or
(b) the individual with whom the enforcement officer is speaking at a premises which is the source of a noise complaint, who could reasonably be expected by the enforcement officer to control the source of the noise complaint, to identify himself or herself by giving to the enforcement officer his or her true name and showing identification thereof.
If a person fails to provide such information and identification, then the enforcement officer may issue a notice of infraction to the following persons identified by name
(i) to an owner of the premises as determined by a search of public records or City utility records; or,
(ii) to a tenant or sub-tenant; or,
(iii) if the premises are occupied by a fraternity, sorority or other student or campus-related organization or association, an infraction may be issued to the current president or vice-president or secretary or treasurer thereof, giving preference to the person with the highest office.
Service of a notice of infraction shall be by personal delivery or service at the time of issuance; or by posting of the notice in a visible place at the premises from which the public disturbance noise originated; or by first class mail, delivery notice requested, within five calendar days after the date of the infraction. The date of service or posting or mailing shall be considered the date of issuance for the purpose of computing time limits for forfeitures and appearances set forth in 8.80.080 provided three days shall be added for mailed notice. Where notice is provided by posting of the premises, a courtesy copy of the infraction shall be sent via U.S. Mail to the property owner’s last known address as determined by a search of public records of City utility records. (Ord. 05-8 §6, 2005; Ord. 99-40 §3, 1999; Ord. 99-26 §7, 1999; Ord. 93-16 §2, 1993; Ord. 88-4 §4, 1988; Ord. 82-50 §4, 1982; Ord. 82-20 §1, 1982).