It is the policy of the city of Palm Springs to reduce noise in the community and to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power. At certain levels, noise can be detrimental to the health, welfare, safety and quality of life of the citizenry and in the public interest it shall be restricted. In order to implement the goals of the noise element of the city's general plan and adopt a comprehensive noise ordinance to prohibit unwanted and unnecessary sounds of all types within the community, this chapter has been created. This chapter shall be referred to and cited as the "Palm Springs Noise Ordinance."
(Ord. 1167 § 1, 1982)
Terminology used in this chapter shall be in conformance with definitions in the Palm Springs zoning ordinance and is defined herein as follows:
"Ambient noise level"
means an existing level of all-encompassing noise associated with a given environment, usually a composite of sounds from many sources near and far, without inclusion of intruding noises from isolated identifiable sources.
"A-weighted sound level"
means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
"Commercial area"
means land utilized for business purposes other than residential or industrial uses.
"Day"
means the time period from seven a.m. to ten p.m.
"Decibel (dB)"
means a unit for measuring the volume of a sound equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals.
"Emergency work"
means any work performed necessary to restore property to a safe condition due to property damage threatened or caused by an emergency.
"Enforcement officer"
means the building and safety director or his designee who may enforce the provisions of this chapter.
"Equivalent a-weighted sound level (Leg)"
means the constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound for a given period of time. For the purposes of this chapter, it is an eight-hour period of time.
"Fixed noise source"
means a stationary device which creates sounds, including but not limited to agricultural, commercial, industrial, and residential machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment.
"Gross vehicle weight rating (GVWR)"
means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle shall be used.
"Impulsive sound"
means a short duration sound of one second or less with an abrupt onset and rapid decay (includes explosion, drop forge impact, or firearm discharge).
"Intrusive noise"
means a sound which intrudes over and above the existing ambient noise level at a given location.
"Mobile noise source"
means any noise source other than a fixed source.
"Motor vehicles"
means any and all self-propelled vehicles, on or off road, subject to identification under California Vehicle Code.
"Muffler or sound dissipation device"
means a device for abating the sound of escaping gases of an internal combustion engine.
"Night"
means the time period from ten p.m. to seven a.m.
"Noise disturbance"
means any sound which (a) endangers or injures the safety or health of humans or animals, or (b) annoys or disturbs a reasonable person of normal sensitivities, or (c) endangers or injures personal or real property.
"Noise sensitive areas"
means quiet zones of the city which contain more sensitive activities. Existing quiet zones shall be considered noise sensitive areas until otherwise designated.
"Person"
means any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or entity, public or private.
"Powered model vehicle"
means any self-propelled airborne, waterborne, or landborne plane, vessel, or vehicle, which is not designed to carry persons, including but not limited to, any model airplane, boat, car or rocket.
"Residential area"
means land which is utilized or zoned for residential purposes.
"Sound amplifying equipment"
means any device used for the amplification of the human voice, music or any other sound. Excluded are standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is held or installed. Also excluded are warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.
"Sound level meter"
means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for Type S2A meters in American National Standards Institute specifications for sound level meters, S1.4-1971, or the most recent revision thereof.
"Sound truck"
means any motor vehicle, or other vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment.
"Vibration perception threshold"
means the minimum ground, or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of 0.01 in/sec over the range of 1 to 100 Hz.
"Weekday"
means any day, Monday through Friday, which is not a legal holiday.
(Ord. 1167 § 1, 1982)
On or after the effective date of the ordinance codified in this chapter, unless a permit has been granted by the board of appeals, it shall be unlawful for any person to operate or cause to be operated any single or combination of fixed source or non-stationary source type of equipment or machinery except construction equipment used in connection with construction operations, that individually or collectively constitute an identifiable sound source in such a manner as to cause the sound level at any point on the property line of any property to exceed by five decibels or more, the noise level limits set forth in Section 11.74.031, plus allowances for time duration in Section 11.74.032.
(Ord. 1167 § 1, 1982)
The noise level or sound level referred to in this section shall mean the higher of the following:
(1) 
Actual measured ambient noise level; or
(2) 
That noise level limit as determined from the table in this subsection:
Zone
Time
Sound Level(A-weighted) Decibels
Residential
7 a.m. to 6 p.m.
50
Low Density
6 p.m. to 10 p.m.
45
 
10 p.m. to 7 a.m.
40
Residential
7 a.m. to 6 p.m.
60
High Density
6 p.m. to 10 p.m.
55
 
10 p.m. to 7 a.m.
50
Commercial
7 a.m. to 6 p.m.
60
 
6 p.m. to 10 p.m.
55
 
10 p.m. to 7 a.m.
50
Industrial
7 a.m. to 6 p.m.
70
 
6 p.m. to 10 p.m.
60
 
10 p.m. to 7 a.m.
55
If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus five dB shall apply.
(Ord. 1167 § 1, 1982)
The time duration allowances set forth in the table below shall apply to those noise level limits set forth in Section 11.74.031 during the daytime hours:
Duration of Sound
dB(A) Allowance
Up to 30 minutes per hour
+ 3
Up to 15 minutes per hour
+ 6
Up to 10 minutes per hour
+ 8
Up to 5 minutes per hour
+11
Up to 2 minutes per hour
+15
Up to 1 minutes per hour
+18
Up to 30 seconds per hour
+21
Up to 15 seconds per hour
+24
The provisions of this section shall not apply to construction equipment used in connection with emergency work.
(Ord. 1167 § 1, 1982)
Upon receipt of a complaint from a citizen, or a request to investigate, the enforcement agent, equipped with sound level measurement equipment, may investigate the complaint. The investigation shall consist of measurement(s) and the gathering of data to adequately define the noise problem and shall include the following:
(a) 
Type of noise source;
(b) 
Location of noise source relative to complainant's property;
(c) 
Time period during which noise source is considered by complainant to be intrusive;
(d) 
Total duration of noise produced by noise source;
(e) 
Date and time of noise measurement survey.
(Ord. 1167 § 1, 1982)
(1) 
The noise standards for the various categories of land use identified in Section 11.74.031 shall, unless otherwise specifically indicated, apply to all such property within a designated zone.
(2) 
No person shall operate or cause to be operated any source of sound at any location which causes the noise level, when measured on any other property, to exceed the limits set forth in Sections 11.74.031 and 11.74.032.
(3) 
If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus five dB, shall apply.
(Ord. 1167 § 1, 1982)
(1) 
The interior noise standards for multifamily residential dwellings as presented in the following table shall apply, unless otherwise specifically indicated, within all such dwellings with windows in their open position:
Land Use
Time Interval
Allowable Interior Noise Level (dBA)
Multifamily
10 p.m. to 7 a.m.
35
Residential
7 a.m. to 10 p.m.
45
(2) 
No person shall operate or cause to be operated within a dwelling unit, any source of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed:
(a) 
The noise standard as specified in subsection (1) of this section for a cumulative period of more than five minutes in any hour; or
(b) 
The noise standard plus five dB for a cumulative period of more than one minute in any hour; or
(c) 
The noise standard plus the ten dB or the maximum measured ambient for any period of time.
(3) 
If the measured ambient noise level differs from that permissible within any of the allowable interior noise level categories above, the allowable interior noise level shall be adjusted in five-dB increments in each category as appropriate to reflect the measured ambient noise level.
(Ord. 1167 § 1, 1982)
Notwithstanding the provisions of Sections 11.74.030 through 11.74.035, it shall be unlawful for any person to make, continue, or cause to be made or continued, within the limits of the city, any loud, unnecessary or unusual noise which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
The characteristics and conditions to be considered in determining a violation of the provisions of this section include, but are not limited to the following:
(1) 
The intensity of the noise;
(2) 
Whether the nature of the noise is usual or unusual;
(3) 
The level and intensity of the background noise;
(4) 
The proximity of the noise to sleeping facilities;
(5) 
The nature and zoning of the area within which the noise emanates;
(6) 
The density of habitation of the area within which the noise emanates;
(7) 
The time of the day or night the noise occurs;
(8) 
The duration of the noise;
(9) 
Whether the noise is recurrent, intermittent, or constant; and
(10) 
Whether the noise is produced by a commercial or noncommercial activity.
(Ord. 1167 § 1, 1982)
(a) 
It shall be unlawful for any person to operate, permit, use or cause to operate, any of the following between the hours of eight p.m. to eight a.m. in residential zones and between the hours of eight p.m. to seven a.m. in all other zones:
(1) 
Powered model vehicles;
(2) 
Loading and unloading vehicles such as trash collectors, fork lifts, or cranes within one thousand feet of a residence;
(3) 
Domestic power tools;
(4) 
Non-emergency exterior hardscape and landscape activities, including without limitation tree trimming, reseeding, lawn mowing, leaf blowing, dust and debris clearing, and any other landscaping or nonemergency exterior hardscape maintenance activities which would utilize any motorized saw, sander, drill, grinder, leaf-blower, lawn mower, hedge trimmer, edger, or any other similar tool or device.
(b) 
Notwithstanding the foregoing, this Section shall not prohibit the operation or use of any such equipment at any time within said zones by the city, its officers or employees, or any agent or franchisee of the city.
(c) 
The regular mowing or grooming of golf courses, grass tennis courts, grass croquet courts, and lawn bowling areas shall be exempt from the restrictions set forth in this Section. The allowed work hours for mowing or green preparation for golf courses, grass tennis courts, grass croquet courts, and lawn bowling areas shall be between five-thirty a.m. and eight p.m., seven days per week and during all seasons of the year.
(Ord. 1167 § 1, 1982; Ord. 1383 § 1, 1991; Ord. 1851 § 2, 2014)
It shall be unlawful for any person within the city to operate construction tools or equipment in the performance of any outside construction or repair work on buildings, structures, or projects except in accordance with Section 8.04.220, of this code.
(Ord. 1167 § 1, 1982)
The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive:
(a) 
Mufflers or Sound Dissipative Devices.
No person shall operate or cause to be operated any motor vehicle in violation of the exhaust noise levels as established by the State of California Vehicle Code Division 12, Section 27158.5 Article 2.5.
(b) 
Horns and Signaling Devices.
No person shall operate or cause to be operated any motor vehicle horn, siren, or amplification device in violation of the State of California Vehicle Code Division 12, Section 27001 Chapter 5 Article 1.
(c) 
Motorized Recreational Vehicles Operating Off Public Right-of-Way.
No person shall operate or cause to be operated any motorized recreational vehicle off a public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of this chapter.
(d) 
Standing Motor Vehicles.
No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of ten thousand pounds, or of any auxiliary equipment attached to such a vehicle, for a period longer than fifteen minutes in any hour while the vehicle is stationary, and on a public right-of-way or public space within one hundred fifty feet of a residential area or designated noise sensitive zone, between the hours of seven p.m. and seven a.m., except when movement of said vehicle is restricted by other traffic.
(e) 
Vehicle or Motorboat Repairs and Testing.
It shall be unlawful for any person to repair, rebuild, modify, or test any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance on residential property.
(f) 
Loudspeakers and Other Sound Amplifying Devices/Musical Instruments.
It shall be unlawful for any person to play, use, operate or permit to be played, used or operated, any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of any sound upon any public street, alley, sidewalk, passageway or thoroughfare, or in or upon any public park or other public place so as to unreasonably interfere with the peace and quiet of any other person; or if such act is done upon any private property, so as to unreasonably interfere with the peace and quiet of any person outside the boundary of such private property.
(g) 
Hawkers and Peddlers.
It shall be unlawful for any person to sell anything by outcry within any area of the city utilized for residential or commercial purposes. This section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and similar licensed public entertainment events or auctions.
(h) 
Animals and Fowl.
No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound, cry or behavior shall cause annoyance or discomfort to a reasonable person of normal sensitiveness on any residential property. (See also Section 10.28.020, Noise disturbances by animals.)
(i) 
Machinery, Equipment, Fans and Air Conditioning.
It shall be unlawful for any person to operate any machinery, equipment, pump, fan, air conditioning apparatus or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line or party wall line of any residential property to exceed the ambient noise level by more than five decibels.
(j) 
Vibration.
Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or one hundred fifty feet from the source if on a public space or public right-of-way, is unlawful.
(k) 
Gasoline Powered Leaf Blowers.
The use of gasoline powered leaf blowers, to produce a current of air and thereby push, propel or blow cuttings, refuse or debris, or otherwise shall be prohibited within the corporate limits of the City.
(Ord. 1167 § 1, 1982; Ord. 1289 § 1, 1987; Ord. 1932 § 2, 2017)
(a) 
Permit Approval.
A commercial WECS permit shall not be granted unless the applicant demonstrates that the projected WECS noise level will be no greater than that limit specified in subsection (c) of this section and shall be calculated in accordance with the technical specifications and criteria adopted pursuant to subsections (f) through (h) of this section. Noise level limits for WECS shall be considered a property development standard and variances thereunto may be granted pursuant to Section 94.06.00 of the Zoning Code.
(b) 
Point of Measurement.
The point of measurement for the calculation of the WECS noise level projected pursuant to subsection (c) of this section shall be determined as follows:
(1) 
All lots in the vicinity of the commercial WECS project property which are actually used for residential, hotel, hospital, school, library or convalescent home purposes shall be identified. For purposes of this subsection, no lot included in the commercial WECS project property shall be deemed actually used for residential, hotel, hospital, school, library or convalescent home purposes.
(2) 
The point of measurement shall be 10 feet from the outside surface of the wall of such structure, identified in subsection (b)(1) of this section, nearest the WECS being measured.
(c) 
Noise Level Limits.
The noise level or sound level referred to in this section shall mean the higher of the following:
(1) 
Fifty-five dB(A) at the point of measurement;
(2) 
The noise level limit shall be reduced by five dB(A) where it is projected that pure tone noise will be generated. A pure tone shall exist if the one-third octave band sound pressure level in the band width of the tone exceeds the arithmetic average of the sound pressure levels on the two contiguous one-third octave bands by five dB for center frequencies of 500 Hz and above, and eight dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz.
(d) 
Noise Zones.
(1) 
The development of wind turbines shall be prohibited within 200 feet of any existing land use described in subsection (b)(1) of this section.
(2) 
The development of wind turbines at a distance between 200 feet and 3,000 feet from any land use described in subsection (b)(1) of this section shall require the submittal of an acoustical report indicating compliance with the noise level limits and the measurement methodology described in this section.
(3) 
At distances greater than 3,000 feet from any land use described in subsection (b)(1) of this section, wind turbine development may be permitted without acoustical study.
(e) 
Commercial WECS Characteristics.
All noise reports submitted to the city shall include the following information:
(1) 
The dimensions of the commercial WECS including tower height, total height, hub height and rotor diameter;
(2) 
The name of the manufacturer of the commercial WECS and any applicable model number;
(3) 
A description of the commercial WECS, including axis and wind orientation; and
(4) 
Maximum rated power output and the power curve of the WECS and wind speed plotted relative to power produced.
(f) 
Measurement Methodology for a Single Commercial WECS. All noise measurements shall be made and reported as follows:
(1) 
All noise measurements shall be made using a sound level meter meeting ANSI standard specifications for Type I equipped with Bruel and Kjaer Windscreen (Model No. UA 9237 or 0207) and calibrated to standards of National Bureau of Standards, or other instrumentation as approved by the planning director. The specific instrumentation used shall be described in the noise report.
(2) 
Noise measurements shall be made at a height of five feet above local terrain. Unusual circumstances may require a different measurement height, but any variance shall be explained in the noise report.
(3) 
Noise measurement data shall be reported as sound pressure levels derived from dB, A weighted. Noise data indexes shall be measured utilizing slow response at a sampling rate of one-quarter second or faster. A noise measurement of 10 minute duration should be made with the measurements being recorded on a strip chart recording or similar device. The Leq, L50, L80, L90 and L99 should be measured. The measurements should be conducted during a period of relatively constant wind speed. The strip chart recording will show a fairly constant noise level that is intermittently interrupted by higher noise levels due to wind noise and possibly vegetation noise. The lower noise levels recorded on the strip chart are primarily attributable to the WECS. This noise level should correspond roughly to the L90 noise level. The L90 should be considered as the noise level attributable to the WECS. The wind speed during the measurement period should not exceed 25 miles per hour as measured at 10 feet above ground. For compliance testing, the 10 minute measurements should be repeated three times.
(4) 
The following parameters during noise measurements shall be noted and included in the noise report:
(A) 
Average wind speed;
(B) 
Gust wind speed;
(C) 
Wind direction;
(D) 
Temperature;
(E) 
Relative humidity;
(F) 
General weather conditions (e.g. cloudy, clear, inversions);
(G) 
Terrain (e.g. hills, level, ravines); and
(H) 
Surrounding vegetation.
(5) 
Three 10-minute noise measurements should be made for compliance testing.
(6) 
The noise level used will be the arithmetic average of the L90 levels recorded during the three measurement periods.
(7) 
Noise measurements shall be made in low, medium and high wind speeds and shall be included in the noise report. For low wind speeds, noise measurements shall be made in winds producing an average power output over a minimum 30-minute sampling period of 20 percent plus or minus five percent of maximum rated power output. For medium wind speeds, noise measurements shall be made in winds producing an average power output over a minimum 30-minute sampling period of 50 percent plus or minus 10 percent of maximum rated power output. For high wind speeds, noise measurements shall be made in winds producing an average power output over a minimum 30-minute sampling period of 90 percent plus or minus 10 percent maximum rated power output.
(8) 
In order to determine the dB, A weighted, reference level for low wind speeds, noise measurements shall be made 400 feet downwind from the WECS under low speed conditions, i.e. under wind conditions producing an average power output over a minimum 15-minute sampling period of 20 percent plus or minus five percent of maximum rated power output. These measurements shall be included in the noise report.
(9) 
The dB, A weighted, reference level for high wind speeds will be calculated using the L90 levels measured under subsections (f)(7) and (f)(8) of this section. The high wind speed reference level shall be the sum of low wind speed reference level measured pursuant to subsection (f)(8) of this section plus the difference between the low wind speed noise level and the high wind speed noise level measured pursuant to subsection (f)(7) of this section.
(10) 
If the planning director determines that any data provided in the noise report is inconsistent or inadequate, a supplemental noise report prepared by an independent acoustical consultant may be required.
(g) 
Modeling for Projected Noise Levels from Commercial WECS Arrays.
Projected WECS noise level shall be supplied by the permit applicant in accordance with the following procedures:
(1) 
Determine the noise level of each WECS (NLW) at the receptor by using the reference noise level (RNL) at four hundred feet at high speeds calculated pursuant to subsection (f)(9) of this section and the following formula:
NLW = RNL + 20 log (400/RD) - AAL
Where:
RD
=
Receptor Distance to the WECS noise source. WECS noise source shall be assumed to be at the rotor hub for horizontal axis WECS and at the midpoint of the rotor axis for vertical axis WECS.
AAL
=
Atmospheric Attenuation Loss determined from Table of Atmospheric Absorption Losses (U.S. Dept. of Transportation, Oct. 1980; Report No. FAA-EE-80-46, Volume III) Method A at 50% humidity and 70°F.
(2) 
Determine projected WECS noise level (PWNL) using the following formula:
PWNL = 10 log [antilog (NLW1/10) + antilog (NLW2/10) + antilog (NLWn/10)]
Where:
NLW1
=
Noise level of first WECS at receptor.
NLW2
=
Noise level of second WECS at receptor.
NLWn
=
Noise level of nth WECS at receptor.
(h) 
Measurement Methodology for a Commercial WECS Array. All noise measurements shall be made and reported as follows:
(1) 
Required acoustical reports shall be prepared by a registered professional engineer who has an expertise in acoustical engineering or by an Institute of Noise Control engineer (INCE). The report will be reviewed and, if appropriate, approved by the city before the issuance of permits.
(2) 
All noise measurements shall be made using a sound level meter meeting ANSI standard specifications for Type I equipped with Bruel and Kjaer Windscreen (Model No. UA 0237 or 0207) and calibrated to standards of National Bureau of Standards. The specific instrumentation used shall be described in the noise report.
(3) 
Noise measurements shall be made at a height five feet above local terrain. Unusual circumstances may require a different measurement height, but any variance shall be explained in the noise report.
(4) 
Noise measurement data shall be reported as sound pressure levels derived from dB, A weighted. Noise data indexes shall be measured utilizing slow response at a sampling rate of one-quarter second or faster. A noise measurement of ten-minute duration should be made with the measurements being recorded on a strip chart recording or similar device. The Leq, L50, L80, L90 and L99 should be measured. The measurements should be conducted during a period of relatively constant wind speed. The strip chart recording will show a fairly constant noise level that is intermittently interrupted by higher noise levels due to wind noise and possibly vegetation noise. The lower noise levels recorded on the strip chart are primarily attributable to the WECS. This noise level should correspond roughly to the L90 noise level. The L90 should be considered as the noise level attributable to the WECS. The wind speed during the measurement period should not exceed twenty-five miles per hour as measured at ten feet above ground. For compliance testing, the ten-minute measurements should be repeated three times.
(5) 
The following parameters during noise measurements shall be noted and included in the noise report:
(A) 
Average wind speed;
(B) 
Gust wind speed;
(C) 
Wind direction;
(D) 
Temperature;
(E) 
Relative humidity;
(F) 
General weather conditions (e.g. cloudy, clear, inversions);
(G) 
Terrain (e.g. hills, level, ravines); and
(H) 
Surrounding vegetation.
(6) 
Three ten-minute noise measurements should be made for compliance testing.
(7) 
The noise level used will be the arithmetic average of the L90 levels recorded during the three measurement periods.
(Ord. 1473 § 1, 1994; Ord. 2031 § 29, 2020; Ord. 2088, 11/9/2023)
The following noise sources are specifically excluded from the provisions of this chapter:
(1) 
The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work;
(2) 
The operation of refuse collection under franchise agreement with the city of Palm Springs.
(Ord. 1167 § 1, 1982)
Those commercial and/or industrial noise sources in existence prior to the date of adoption of the ordinance codified in this chapter, which noise sources are an integral part of a building, structure, or similar fixed and permanent installation if in compliance with local zoning statutes, shall be granted a five-year period from the date of adoption with which to comply with the provisions of this chapter. If, at the end of the five-year period, it can be shown that compliance with the provisions herein constitutes a hardship in terms of technical and economic feasibility, the time to comply may be extended on an annual basis until such time as compliance may be affected.
(Ord. 1167 § 1, 1982)
Any person violating any provision of this chapter shall be guilty of an infraction for the first instance of any such violation.
(Ord. 1167 § 1, 1982; Ord. 1409 § 1, 1992)
Any person having been cited for violation of any provision of this chapter who within one year thereafter commits a second or any subsequent violation of the same provision of this chapter, including, without limitation thereby, suffering or permitting said violation to continue for a second or subsequent day, shall be guilty of a misdemeanor.
(Ord. 1167 § 1, 1982; Ord. 1409 § 1, 1992)
If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated.
(Ord. 1167 § 1, 1982)