8.25.060 Unnecessary noise in residential areas.
A. Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful in residential areas for any person without justification to make or continue, or cause or permit to be made or continued, any unnecessary, excessive or offensive noise, which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person residing in the area.
B. Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful in residential areas for any person without justification to yell, shout, make unreasonably loud and disturbing noise, or allow any such noises to occur on one’s property, between the hours of 9:00 p.m. and 7:00 a.m., or at any time so as to disturb the quiet, comfort, or repose of a reasonable person of ordinary sensitivity. “Unreasonably loud and disturbing noise” means any noise of such character, intensity or duration as to be detrimental to the life or health or well-being of any individual in a residential area, or as to disturb the public peace and quiet of an individual in a residential area. This subsection applies only to those situations where the disturbance is not a result of the content of the communication, but due to the volume, duration, location, timing or other factors not based on content.
C. The factors that will be considered in determining whether a violation of the provisions of this section exists will include, but not be limited to, the following:
1. The volume of noise;
2. The intensity of the noise;
3. Whether the nature of the noise is usual or unusual;
4. Whether the origin of the noise is natural or unnatural;
5. The volume and intensity of the background noise, if any;
6. The proximity of the noise to residential sleeping facilities;
7. The nature and zoning of the area within which the noise emanates;
8. The density of the inhabitation of the area within which the noise emanates;
9. The time of the day or night the noise occurs;
10. The duration of the noise;
11. Whether the noise is recurrent, intermittent or constant;
12. Whether the noise is produced by a commercial or noncommercial activity;
13. Whether it is a pure tone noise;
14. Whether it is an impulse noise.
D. The evidence that may be considered in determining whether a violation of the provisions of this section exists may include any of the following evidence: officer observations, witness statement, photograph, video recording, audio recording, data from a noise app, noise nuisance log, and any other type of evidence as determined by the officer. [Ord. 2021-08 § 1, 11-9-2021; Res. 2021-28 Exh. A, 11-9-2021].