Number
070429
Version
SUBSTITUTE 4
Reference
Sponsors
ALD. DONOVAN, DUDZIK, PUENTE, BAUMAN, ZIELINSKI, BOHL, HINES,
WADE, DAVIS, MURPHY, HAMILTON, WITKOWSKI, WITKOWIAK AND KOVAC
Title
A substitute ordinance clarifying complaint and prosecution procedures for certain noise violations and noise nuisances.
Sections
80-60-12 am
80-63-4 cr
80-63-1 rc
80-65-4-0 rc
80-65-4-a rc
Analysis
The code currently authorizes the chief of police, the commissioner of the health department and the commissioner of the department of neighborhood services to commence prosecution for a noise nuisance violation upon the complaint of a member of the public. Prosecution may be commenced without a police officer or department inspector having directly observed the noise. A conviction must, however, be based upon the testimony of at least one adult affected by the noise. This ordinance clarifies complaint and prosecution procedures. The ordinance provides additional clarification relating to the persons and entities prohibited from making excessive noise and the types of devices and instruments covered by the prohibition.
The ordinance provides that, in the event a complaint is received that does not adequately identify the party causing the noise violation, a citation may nevertheless issue when authorities obtain further evidence from investigation or otherwise that establishes the identity of the alleged violator.
The ordinance also provides that owners of real property or of vehicles and machinery operated on the highways from which excessive or nuisance noise emanates may be charged or assessed the costs of investigation and enforcement for second or subsequent offenses following a warning letter for the first offense. The procedures for warning property owners and assessing costs of subsequent enforcement related to noise nuisance violations expire after January 1, 2009, at which time the provisions relating to noise nuisance violations will sunset.
Body
Whereas...
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