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A. Violations and Penalties.

1. It is a violation for any property owner(s) and/or person(s) in control of property to permit, or cause, a noise disturbance to be produced upon property owned by them or under their control.

2. It is a violation for any person or persons to create or allow the making of noise disturbance as provided by this chapter at any location in the City.

3. The violation of this chapter by making or allowing an environmental noise disturbance shall be an infraction. Enforcement of environmental noise violations shall follow the procedures set forth in the land use code for zoning violations.

4. The violation of this chapter by making or allowing a nuisance noise disturbance shall be an infraction. Subsection (D) of this section provides for the method of enforcement wherein noise may be in violation of both the environmental and nuisance noise disturbance provisions.

B. Environmental Noise.

1. Classification of Environmental Noise. The enforcement officer shall determine that any given obtrusive noise condition that falls within the definition of environmental noise disturbance, pursuant to CVMC 19.68.020, is an environmental noise. The enforcement officer may use Appendix A in CVMC 19.68.090 as an aid in making such determinations. The Director of Development Services, or designee, may make determinations classifying noise sources not specifically mentioned in Appendix A.

2. Responsibility. The Director of Development Services, or designee, shall be responsible for investigation and enforcement of environmental noise disturbances.

3. Guidelines. The Director of Development Services, or designee, may, from time to time, promulgate guidelines for administration and enforcement of the provisions of this chapter pertaining to noise violations.

4. Abatement Shall Terminate Enforcement Action. No complaint or further action shall be taken in the event that the cause of the violation has been removed, or the condition abated or fully corrected, within the time period specified in a notice of violation issued by the enforcement officer.

C. Nuisance Noise.

1. Classification of Nuisance Noise. The Chief of Police shall determine that any given obtrusive noise condition that falls within the definition of nuisance noise disturbance, pursuant to CVMC 19.68.020, is a nuisance noise. The Chief of Police may use Appendix A as an aid in making such determinations. At the request of the Chief of Police, the Director of Development Services, or designee, may make determinations for classifying nuisance noise sources not specifically mentioned in Appendix A.

2. Responsibility. The Chief of Police shall be responsible for investigation and enforcement of nuisance noise disturbances.

3. Guidelines. The Chief of Police may, from time to time, promulgate guidelines for administration and enforcement of the provisions of this chapter pertaining to nuisance noise violations.

4. Abatement Order. The officer responsible for enforcement of any provisions of this section may issue an order requiring abatement of a sound source alleged to be in violation within a reasonable time period and according to guidelines which the Chief of Police may prescribe. Such orders of abatement may be verbally administered. Failure to comply may be held as a violation of this chapter.

D. Enforcement of Noise Disturbances That Are Both Environmental and Nuisance.

1. Where investigation reveals that offending noise violates both the environmental noise regulations and the nuisance noise regulations, the offense shall be enforced as a nuisance noise violation unless the Chief of Police makes a specific finding that the environmental noise regulations more nearly apply, in which case the environmental noise regulations shall apply.

2. Nothing contained in this provision shall limit the City’s ability to prosecute noise violations as both environmental and nuisance noise.

E. Violations – Additional Remedies – Injunctions. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this chapter, which operation or maintenance causes or creates sound levels or vibration exceeding the allowable limits as specified in this chapter, 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. Additionally, 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 any other law. (Ord. 3544 § 1, 2023; Ord. 2790, 1999; Ord. 2101 § 3, 1985).