§ 13-33. Enforcement.

(a)

In the enforcement of standards established in this article, an enforcement officer may be required to exercise judgment in determining if a particular noise annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others and is in violation of this article or is sufficiently loud or otherwise so offensive that it would unreasonably disturb other persons in the vicinity.

(b)

When making such determinations the enforcement officer shall consider the following factors:

(1)

The volume of the 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 time of day or night the noise occurs.

(9)

The duration of the noise.

(10)

Whether the noise is recurrent, intermittent or constant.

(c)

In addition to the standards established above, it shall be presumed that subsection 13-32(a) has been violated whenever any noise or sound is projected from one property within the unincorporated areas of the county onto another if such sound, measured at the location of the complaint, exceeds the following decibel standards:

(1)

Residential uses (excluding transient commercial accommodations):

7:00 a.m.—9:00 p.m.	60dB
9:00 p.m.—7:00 a.m.	50dB

 

(2)

Public space, industrial, commercial (including transient residential accommodations) or agricultural:

7:00 a.m.—9:00 p.m.	70dB
9:00 p.m.—7:00 a.m.	65dB

 

(3)

Amusement commercial zoning districts (including planned development districts where the primary use is amusement commercial):

7:00 a.m.—12:00 a.m.	70dB
12:00 a.m.—7:00 a.m.	65dB

 

(Ord. No. 108-98, § 3, 7-27-99; Ord. No. 94-03, § 1, 11-18-03)