§ 4.50.110. Enforcement.

(a)

Noise Measurement Procedures. The noise measurement procedures to be used for the enforcement of this chapter shall be based on current industry standards.

(b)

Nuisance Declared. Any violation of the provisions of this chapter shall be deemed a nuisance. The provisions of Chapter 8.54 shall apply to any violation of any of the provisions of this chapter.

(c)

Immediate Threats to Health and Welfare.

(1)

The chief building official shall declare an emergency as provided in Chapter 8.54 and order an immediate halt to any sound which exposes any person across a real property boundary to continuous sound levels in excess of those shown in Table 4.

(2)

No order pursuant to subdivision (1) of this subsection shall be issued if the only persons exposed to sound levels in excess of those listed in Table 4 are exposed as a result of:

(A)

Trespass, or

(B)

Invitation upon private property by the person causing or permitting the sound, except as provided in subsection (6.3)(i) of Section 4.50.060.

(3)

Any person subject to an order issued pursuant to subdivision (1) of this subsection shall comply with such order until:

(A)

The sound is brought into compliance with the order, as determined by the director of public health; or

(B)

The board of health or a judicial order has superseded the director of public health's order.

(d)

Reserved.

Table 4
Continuous Sound Levels Which Pose an
Immediate Threat to Health and Welfare
Measured at the Receiver's Ear Across a
Real Property Boundary
(slow meter response)

Sound Level Limit (dBA)	Duration Hours and	Minutes
90	8	0
91	7	0
92	6	0
93	5	20
94	4	40
95	4	0
96	3	30
97	3	0
98	2	40
99	2	20
100	2	0
101	1	45
102	1	30
103	1	20
104	1	10
105	1	0
106	0	54
107	0	48
108	0	42
109	0	36
110	0	30
111	0	27
112	0	24
113	0	21
114	0	18
115	0	15

 

(e)

Non-exclusive Nature of Remedy.

(1)

This chapter is not the exclusive regulation of sound within the city. It shall supplement and be in addition to the other regulatory codes, statutes, ordinances, and rules and regulations heretofore or hereafter enacted by the city, the state, the federal government, or any other legal entity or agency having jurisdiction.

(2)

No provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law.

(Ord. 5605 § 1, 2001).

(Ord. No. 6363, § 1, 10-22-2018).