A.
Causing annoyance, discomfort or disturbing the peace. It is unlawful for any person to make, cause or suffer or permit to be made or caused, upon any premises owned, occupied or controlled by said person in the City, any noises or sounds which cause annoyance or discomfort to persons of ordinary sensitivity or which disturb the peace and quiet of any neighborhood.
B.
Factors used in determining whether a violation has occurred. The factors which shall be considered by the City in determining whether to issue a citation for a violation and whether a violation of this section has occurred shall include, but not be limited to, the following:
1.
The volume of the noise, music, or related sound;
2.
The intensity of the noise, music, or related sound;
3.
The duration, continuousness or repetitive nature of the noise, music, or related sound;
4.
Whether the origin of the noise, music, or related sound is natural or unnatural to the area in which it occurs;
5.
The volume and intensity of the background noise or sound, if any;
6.
The proximity of the noise, music, or related sound to residential sleeping facilities or to overnight accommodations, such as hotels and motels;
7.
The proximity to offices, places of business or other areas where work is known to be carried on, of the noise, music, or related sound;
8.
The nature and zoning of the area within which the noise, music, or related sound emanates;
9.
The time of day or night the noise, music, or related sound occurs and the relationship of this time to the normal activities of the area in which it occurs and in relation to the other factors listed in this subsection;
10.
Whether the noise, music, or related sound is recurrent, intermittent, or constant;
11.
Whether the noise, music, or related sound is produced by a commercial or a noncommercial activity;
12.
Whether the person or business responsible for the noise, music, or related sound has been previously recently warned that complaints have been received about the noise, music, or related sound and such person or business has failed to reduce it to an appropriate level.
(Prior code §32.28; Ord. 5145, 2000; Ord. 5740, 2016)