Item 1: PH on Ordinance Concerning Noise Disturbance

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ATTACHMENT B 4.080 Noise Disturbance - Prohibited. (1) For purposes of this section, and sections 4.081, 4.083 and 4.084 of this code: (a) Noise disturbance means any sound which: 1. Injures or endangers the safety or health of a human; 2. Annoys or disturbs a reasonable person of normal sensitivities; or 3. Endangers or injures personal or real property. (b) Plainly audible means where the listener clearly can hear the content of the sound produced by the noise source. Sounds which may be clearly audible include, but are not limited to, musical rhythms, spoken words, vocal sounds, and engine noises. (2) It shall be unlawful for any person to intentionally or recklessly create or continue any noise disturbance. (Section 4.080 amended by Ordinance No. 16299, enacted September 13, 1971; Ordinance No. 19274, enacted August 13, 1984; and Ordinance No. 19902, enacted February 17, 1993, effective March 19, 1993.) 4.081 Noise Disturbance - Repetition and Failure to Cease. It shall be unlawful for any person responsible for a noise disturbance caused by electronically amplified sound or a gathering of five or more people to: (a) Fail within 30 minutes to eliminate or cease such noise disturbance after receiving a citation or other notice of a violation of this section or section 4.080 of this code, or (b) Intentionally or recklessly create the same or a similar noise disturbance within six months of having received a citation or other notice of a violation of this section or section 4.080 of this code. (Section 4.081 added by Ordinance No. 19902, enacted February 17, 1993, effective March 19, 1993.) 4.083 Noise Disturbance - Specific Prohibitions. Unless exempted by section 4.084 of this code, the following acts are declared to be noise disturbances; however this enumeration shall not be deemed an exclusive list of the violations of section 4.080(2) or section 4.081 of this code, nor shall the recitation of specific prohibitions below be deemed the exclusive and entire listing of unlawful noise disturbances for each subcategory: