(1) Noise measurement is not necessary for the enforcement of ECMC 8.08.040.

(2) Noise measurement for the purpose of enforcing the provisions of any section of this chapter shall be measured in dB(A) with a sound level meter in good operating condition, and properly calibrated.

(3) Except for parks and recreation areas, or any sounds from motor vehicles or motor vehicle audio systems, enforcement of ECMC 8.08.040 shall be undertaken only upon receipt of a complaint by an identifiable person who resides, owns property, or is employed in the area affected by the noise complained of.

(4) Absent a complaint, whenever a police officer commissioned by the city or other person empowered by the mayor has reason to believe that any person is in violation of ECMC 8.08.040, he shall, before the issuance of a notice of infraction, notify such person of the violation and request compliance with this chapter. Failure of any person to cease after notification thereof of any violation of ECMC 8.08.040 shall be cause for the issuance of a notice of infraction.

(5) The section of this chapter relating to motor vehicles and noise emanating therefrom shall be subject to enforcement proceedings regardless of whether a complaint has been received. No warning need be issued prior to enforcement of a motor vehicle noise violation.

(6) For enforcement purposes each day, defined as a 24-hour period beginning at 12:01 a.m. in which a violation of this chapter occurs, shall constitute a separate violation. (Ord. 459 § 1, 2012; Ord. 375 § 1, 2006)