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HomeMy WebLinkAbout2020 08.03 City Council Work Session Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd. \gilONr Apache Junction,AZ - City Council Work Session 85119 apachejunctionaz.gov Ph:(480)982-8002 Monday,August 3,2020 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 20-368 Presentation and discussion on Resolution No. 20-24 a resolution of the mayor and city council of the city of Apache Junction, Arizona, declaring as a public record that certain document filed with the city clerk entitled "2020 Amendments to the Apache Junction City Code, Volume I, Chapter 11: Noise". Sponsors: Joel Stern Attachments: Resolution 20-24 Ch 11 Noise 20-370 Presentation and discussion on Ordinance No. 1492 an ordinance of the mayor and city council of the City of Apache Junction, Arizona, amending Apache Junction City Code, Volume I, by adding new Chapter 11: Noise, and adopting by reference that certain document filed with the city clerk entitled "2020 Amendments to the Apache Junction City Code, Vol. I, Chapter 11: Noise"; providing for severability; providing for penalties; repealing any conflicting provisions; and declaring an emergency. Sponsors: Joel Stern Attachments: Memo to Staff Ordinance 1492 Chapter 11 Noise Decibel Chart CDC Noise Levels 2020 Amendments to Chapter 11 Noise 1988 Resolution City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 City Council Work Session Agenda August 3,2020 D. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 2 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. Piz File ID: 20-368 Sponsor: Joel Stern Agenda Date: 8/3/2020 Index: In Control: City Council Work Session Presentation and discussion on Resolution No. 20-24 a resolution of the mayor and city council of the city of Apache Junction, Arizona, declaring as a public record that certain document filed with the city clerk entitled "2020 Amendments to the Apache Junction City Code, Volume I, Chapter 11: Noise". City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 RESOLUTION NO. 20-24 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2020 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 11 : NOISE" . WHEREAS, A.R. S . § 9-802 permits municipalities to enact the provisions of a code of public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies or one paper copy and one electronic copy are accessible on the city' s website and are filed in the office of the city clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such codes or public record include codes such as noise; and WHEREAS, it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : That certain document entitled "2020 Amendments to the Apache Junction City Code, Volume I, Chapter 11 : Noise", at least three paper copies or one paper copy and one electronic copy which are accessible on the city' s website and filed in the office of the city clerk which document is declared to be a public record of the City of Apache Junction, Arizona, is also hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2020 . SIGNED AND ATTESTED TO THIS DAY OF , 2020 . JEFF SERDY Mayor RESOLUTION NO. 20-24 PAGE 1 OF 2 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-24 PAGE 2 OF 2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. Piz File ID: 20-370 Sponsor: Joel Stern Agenda Date: 8/3/2020 Index: In Control: City Council Work Session Presentation and discussion on Ordinance No. 1492 an ordinance of the mayor and city council of the City of Apache Junction, Arizona, amending Apache Junction City Code, Volume I, by adding new Chapter 11: Noise, and adopting by reference that certain document filed with the city clerk entitled "2020 Amendments to the Apache Junction City Code, Vol. I, Chapter 11: Noise"; providing for severability; providing for penalties; repealing any conflicting provisions; and declaring an emergency. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: August 3, 2020 Members of City Council FROM: R. Joel Stern City Attorney SUBJECT: DRAFT NOISE REGULATIONS; OUR FILE NO. 20-025 Attached is the draft noise regulations everyone has been patiently waiting for, but first, the following historical trajectory, should be understood: • March 16, 2020: A councilmember at a work session came forward with what his concept was of a draft noise ordinance advocating that there should be one location in the city code where the city's noise regulations appear and noise levels should be enforced using only decibel measurements as per Pinal County's model, thereby taking out the subjectivity of a complaint. • June 2, 2020: The matter was brought back to council with a delay of two and a half months for direction to staff due to the effect of COVID-19. The council directed staff 7:0 to create and bring back on August 3rd a proposed ordinance consolidating in one place noise-related city code provisions as well as a study on the use of decibel meters from other organizations to regulate noise levels. • July 6, 2020: Council clarified its June 2nd direction to staff at a work session by asking staff to now officially model the noise ordinance after Pinal County's which includes decibel measurements as the enforcement tool but still also include the various existing city code noise provisions in one central place in the code. Based on the development of these discussions, attached is staff's recommended working copy of the proposed noise regulations. This draft was sent out to pertinent staff in other departments for comments on two different occasions. The draft does exactly as council directed and later clarified. The draft includes yellow shading for provisions that were taken from the Pinal County model; blue shading for current city code noise provisions; and green shading for city codes from other cities and towns. Please keep in mind there may have been some minor clerical corrections/tailoring that was needed in these provisions that do not show as redlines in order for more efficient flow and format. For a clearer implementation of the ordinance, council needs to decide whether it wants to simply reference certain existing AJCC noise provisions, repeat them in this code, amend them or just repeal them. I have placed a red question mark (?) next to these provisions in the draft. Compliance with the sound levels is always the goal, not punishment for violating the code, thus the investigation of complaints process is more detailed than in most noise compliance regulations. Also for your consideration is a chart that compares decibel levels for different activities. I have for your information attached copies of A.R.S. § 13-2917 (public nuisance Arizona statute) as well as A.R.S. § 13-2904 (disorderly conduct Arizona statute) since these provisions also regulate noise without decibel levels required to establish a violation. This matter is set for work session discussion on August 3, 2020 and possible approval on August 4, 2020 or August 18, 2020 if another night is needed to fully consider. Because council has decided the implementation of this code is time sensitive, the passage of the ordinance includes an emergency provision which will result in immediate effectiveness (if passed by a vote of 6:1). R. Joel Stern City Attorney Attachments 2 13-2917. Public nuisance; abatement; classification A. It is a public nuisance, and is no less a nuisance because the extent of the annoyance or damage inflicted is unequal, for anything: 1. To be injurious to health, indecent, offensive to the senses or an obstruction to the free use of property that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons. 2. To unlawfully obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway. B. It is a public nuisance for any person to sell, offer to sell, transfer, trade or disseminate any item which is obscene as defined in section 13-3501, within two thousand feet, measured in a straight line, of the nearest boundary line of any of the following: 1. Any building used as a private or public elementary or high school. 2. Any public park. 3. Any residence district as defined in section 28-101. C. The county attorney, the attorney general or the city attorney may bring an action in superior court to abate, enjoin and prevent the activity described in subsections A and B of this section. D. Any person who knowingly maintains or commits a public nuisance or who knowingly fails or refuses to perform any legal duty relating to the removal of a public nuisance is guilty of a class 2 misdemeanor. 13-2904. Disorderly conduct; classification A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person: 1. Engages in fighting, violent or seriously disruptive behavior; or 2. Makes unreasonable noise; or 3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or 4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or 5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or 6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument. B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor. ORDINANCE NO. 1492 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, BY ADDING NEW CHAPTER 11 : NOISE, AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2020 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOL. I, CHAPTER 11 : NOISE"; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; REPEALING ANY CONFLICTING PROVISIONS; AND DECLARING AN EMERGENCY. WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") §§ 9-240 and 9-276 allows cities to enact regulations regarding noise; and WHEREAS, on June 2, 2020 and on July 6, 2020, council directed staff and clarified its, direction respectively, to create a comprehensive noise ordinance to include decibel measurements; and WHEREAS, a work session on August 3, 2020 and a public hearing on August 4, 2020 were held to discuss the proposed noise regulations; and WHEREAS, A.R. S . § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies or one paper copy and one electronic copy of the code or public record are filed in the office of the city clerk of the municipality and are made available for public use and inspection. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That new Chapter 11 : Noise, be created within existing Apache Junction City Code, Vol . I . (currently Chapter 11 is reserved) . 2 . That certain document known as "2020 Amendments to the Apache Junction City Code, Volume I, Chapter 11 : Noise", at least three paper copies or one paper copy and one electronic copy of which are accessible on the city' s website and filed ORDINANCE NO. 1492 PAGE 1 OF 3 in the office of the city clerk, which document was made a public record by Resolution No . 20-24 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions thereof. SECTION III PROVIDING FOR PENALTIES Any violation of any provision of this ordinance, or any provisions adopted herein, shall be punishable as a class 1 misdemeanor consistent with Apache Junction City Code, Vol . I, Chapter 1 : GENERAL, Article 1-1 : General, Section 1-1-11 . SECTION IV REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION V DECLARING AN EMERGENCY The immediate operation of the provisions of this ordinance is necessary for the immediate preservation of the public peace, health or safety, and that an emergency shall be in full force and effect from and after its passage, adoption and approval by the Mayor and City Council of the City of Apache Junction. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2020 . SIGNED AND ATTESTED TO THIS DAY OF , 2020 . JEFF SERDY Mayor ORDINANCE NO. 1492 PAGE 2 OF 3 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: R. JOEL STERN City Attorney ORDINANCE NO. 1492 PAGE 3 OF 3 DECIBEL SCALE 14o dB Threshold . Fireworks 13o dB jet Engine 12o dB siren no & Trombone too dB Helicopter go dB Hair Dryer So dB Very Loud Truck 7o dBMMMMff___ Car -:19 0.; 6o dB 1kVTTM-FTrTr.TeMM1, Conversation 5o dE Refrigerator 4o dB Rain 3o dB Rustle of Leaves J O aodB Whisper "t 10 dB BreathrUA o dB NOISE LEVELS BY DECIBELS PrecisionPneumatic Chain Saw Hammer Drill 114 Spray Pa inter- 1 Hand Drm • NIOSH Recommended Exposure Limit 85 l4ormal Conversation • 1 Whisper1 JMsseav/� //1 2Q0 / � �=ha=ll=tiwre�. CPtxm • THE CENTER FOR CONSTRUCTION f Ottupational Sak and Nea/th �,�,1` III//f/���©� RESEARCH AND TRAINING �fbbdYa Sources: NIOSH Noise Meter http://www.cdc.gov/niosh/topics/noise/noisemeter_htm1/hp98.htm1 NIOSH Power Tools Data Base http://wwwn.cdc.gov/niosh-sound-vibration/ DRAFT 7/28/20 2020 AMENDMENTS TO APACHE JUNCTION CITY CODE, VOL. I, CHAPTER II: NOISE 2020 AMENDMENTS TO APACHE JUNCTION CITY CODE, VOL. I, CHAPTER 11: NOISE Sections 11-1-1: Introduction 11-1-2: Applicability 11-1-3: Authority and Purpose 11-1-4: Excessive Noise Violation 11-1-5: Definitions 11-1-6: Sound Level Measurement Criteria 11-1-7: Acts or Conditions Declared as Excessive Noises 11-1-8: Investigation 11-1-9: Exemptions 11-I-10: Persons Responsible for Noise Violations 11-1-11: Penalty § 11-1-1: INTRODUCTION (FROM ORIGINAL PRESENTATION JURISDICTION UNKNOWN) Within reason certain noise levels must be tolerated by all citizens within the city limits of Apache Junction for normal functions of the city to continue. Children playing, construction equipment, barking dogs, amplified musical instruments, trash trucks, airplanes and loud parties are all examples of noise found within our community. However,the policy of the City of Apache Junction prohibits any noises that are detrimental to the health, safety and welfare of the citizens of Apache Junction and are subject to regulation, such as: A. Occur after 10:00 p.m. but before 6:00 a.m. B. Any activities that produce any loud, excessive, unusual or unnecessary disruptive and/or annoying noises. C. Disturbs the peace and quiet of a residential zoned property or a reasonable person of normal sensibilities. § 11-1-2: APPLICABILITY (PINAL COUNTY) This chapter shall apply to areas within the incorporated city limits. § 11-1-3: AUTHORITY AND PURPOSE (PINAL COUNTY) This chapter is hereby adopted under the authority granted to the council in A.R.S. §§ 9-240(13) and 9-276(16) for the purpose of regulating excessive noises. It is hereby declared to be the policy of the city to prohibit any noise which exceeds the decibel levels set out in this chapter. At and above certain levels, such noises are unreasonable, excessive and detrimental to the health and welfare of the residents of the city, and it is in the best interest of the residents of the city that such excessive noises be systematically eliminated. § 11-1-4: EXCESSIVE NOISE VIOLATION (PINAL COUNTY) It shall be unlawful and a violation of this chapter for any person to knowingly and/or intentionally make, continue, or cause to be made or continue any noise exceeding the decibel limits referenced in this chapter. § 11-1-5: DEFINITIONS (PINAL COUNTY) The following words,terms and phrases,when used in this chapter, shall have the meanings noted below: A-weighted sound pressure level: the sound pressure level as measured with a sound level meter using the A-weighting network(the standard notation is "dB(A)" or"dBA"). Commercial property: any property occupied by a business, store or shop and zoned for such purpose. Decibel ("dB'): a unit for measuring the volume of a sound equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). Emergency vehicle: vehicles of the fire, medical, police, public safety and public works departments and legally authorized vehicles of state departments or any political subdivisions thereof and vehicles of public service corporations,water and sewer districts. 3 Emergency work: any work performed to prevent or alleviate physical trauma or property damage threatened or caused by an emergency which has or may result in a disruption of service and which is necessary to protect the health, safety and welfare of persons or property. Excessive noise: any sound measured according to the criteria set forth in this chapter which exceeds the levels reflected in the dB Tables. Gross vehicle weight rating ("GVWR'): the value specified by the manufacturer as the recommended maximum loaded weight of a single-motor vehicle. In cases where trailers and tractors are separable,the gross combination weight rating("GCWR"),which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used. Industrial property: any property occupied by land uses whose primary operation involves manufacturing, assembling, processing or otherwise treating raw materials, semi-finished products, or finished products for packaging and distribution to either wholesale or retail markets and zoned for such purpose. Legal holiday: those holidays so designated by the city in its personnel rules. LEQ (equivalent sound level): the constant level that over a given period transmits to the receiver the same amount of acoustic energy as the actual time-elapsed sound. Motor vehicle: every self-propelled device in,upon, or by which any person or property is, or may be,transported upon a public highway,excepting devices used exclusively upon stationary rails or tracks and aircraft. Muffler: a device for abating the sound of escaping gases from an internal combustion engine. Noise: See Sound pressure level. Property line: the line which represents the legal limits of real property(including a single family residence, apartment, condominium, room or other dwelling unit) owned, leased or otherwise a occupied by a person, business, corporation or institution. In cases involving sound from an activity on a public street or other public right-of-way, the property line shall be the nearest boundary of the public right-of-way. Residential property: any property, the dominant use of which is non-transient occupancy of residential dwelling units and zoned for such purpose. Site-specific source of sound: a source of sound which originates from a property even though the specific source of the sound generation may be mobile. Sound: temporal and spatial oscillation in pressure, particle displacement, particle velocity, or other physical parameter in a medium with internal forces that causes progressively alternative 3 compression and rare fraction of that medium and which propagates at finite speed to distant points and can evoke an auditory sensation. Sound level meter: an instrument which includes a microphone, amplifier, root mean square ("RMS") detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. Sound pressure: the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space as produced by sound energy. Sound pressure level: 20 times the logarithm to the base ten of the ratio of RMS sound pressure to the reference pressure of 20 micropascals(20 x 10-N/m). The sound pressure level is denoted"Lp" or"SPL" and is expressed in decibels. Street: a way, existing or proposed, for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, throughway, freeway, road, roadway, boulevard, avenue, lane, alley, easement,place, or however otherwise designated. Street, collector: a street, existing or proposed, collecting traffic from local streets, and connecting the same with a major street, or another collector street. Street, local or minor: a street, existing or proposed, exclusively or primarily providing access and utilities to abutting properties. Street, major: such major street,highway,thoroughfare,parkway or boulevard and all section lines so designated on the county comprehensive plan. § 11-1-6: SOUND LEVEL MEASUREMENT CRITERIA (PINAL COUNTY) For the purpose of enforcement of the provisions of this chapter,noise levels shall be measured on the A-weighted scale with a sound level meter satisfying at least the applicable requirement for • Type 22 sound level meters as defined in American National Standard S 1.4-1971 or the most recent revisions thereof. Prior to measurement,the meter shall be set for slow response speed, except that for rapidly varying sound levels, fast response speed may be used. Prior to measurement,the meter shall be calibrated according to the manufacturer's specifications. § 11-1-7:ACTS OR CONDITIONS DECLARED AS EXCESSIVE NOISES(PINAL COUNTY) The following enumerated acts or conditions are subject to the decibel levels set forth in this chapter: A) Land use noise. 1) Classification of use districts(residential, rural, commercial, industrial). Zoning district classifications shall be as set out in the city zoning ordinance and shall, for purposes of this 4 section, be distinguishable as residential, commercial, rural and industrial land use classifications,within which sound levels of Table 1 below shall be locally measurable and applied by the use of LEQ levels as defined in this chapter and measured in accordance with the methods set forth in this chapter for purposes of evaluating an alleged violation of this chapter. 2) Violations. It shall be unlawful and a violation of this section for any person to operate or to permit to be operated any site-specific source of noise which when measured at any point at the property line where the noise emission originates [100 feet from the source?]: a) Creates a sound level in excess of its ambient LEQ limit, indicated in Table 1 below: TABLE 1. SOUND LEVELS FOR LAND USE DISTRICTS ZONING DISTRICT CLASSIFICATION LEQ LIMITS, dBA (Residential) RS-20, RS-20M, RS-10, RS-10M, RS-7, 60 dBA (7:00 a.m. 8 p.m.); RS-7M, RS-5, RM-1, RM-2, RM-3, MHP, RVP, MPC 55 dBA (8:00 p.m. 7:00 a.m.) (Commercial or Business) B-1, B-2, B-3 65 dBA (7:00 a.m. 10:00 p.m.); 60 dBA (10:00 p.m. —7:00 a.m.) (Industrial) B-4, B-5 70 dBA (7:00 a.m. 10:00 p.m.); 65 dBA (10:00 p.m. 7:00 a.m.) (Rural) RS-GR, RS-54, RS-54M 65 dBA (7:00 a.m. 9:00 p.m.); 60 dBA (9:00 p.m. 7:00 a.m.) The LEQ limits specified above in Table 1 are LEQ for a two-minute time interval. Partial LEQ levels may be obtained as necessary to ensure an accurate indication of the representative sound environment for the site. b) Sound projected from property within one zoning district into property within another zoning district of a lesser sound level limit shall not exceed such lesser sound level limit. B) Vehicle noise. 1) Offensive use of motor vehicles. (APACHE JUNCTION) (AJCC, Ch. 10, § 10-1-25) '? It is unlawful and a public nuisance to operate or drive any motor vehicle, motorcycle, • mini-bike, trail bike, dune buggy, motorscooter or other form of motorized transportation on or across any real property situated in the city, other than on a street or highway, if the operation of such motor vehicle, motorcycle, mini-bike, trail bike, dune buggy, motorscooter or other form of motorized transportation causes the residents of the immediate neighborhood to be subjected to offensive, excessive, unusual or unreasonable noise. '� 2)Noise limits. No person shall operate either a motor vehicle or combination of vehicles • at any time upon any street or paved surface or under any condition of grade, load, 5 acceleration,or deceleration in such a manner as to exceed the noise limits in Table 2 below for the category of motor vehicle, based on a distance of 50 feet from the center of the street, paved surface, or from the actual motor vehicle or combination of vehicles: TABLE 2. SOUND LEVELS FOR MOTOR VEHICLES (MEASURED AT 50 FEET) OPERATED ON A OPERATED ON A VEHICLE CLASS LOCAL STREET PAVED SURFACE OR MAJOR STREET Motor vehicles with a manufacturer's GVWR or GCWR of 10,000 pounds or more or any 86 dBA 90 dBA combination of vehicles towed by such motor vehicle. Any other motor vehicle or any combination 76 dBA 82 dBA of vehicles towed by any such motor vehicle. Motorcycles, mini-bike, etc. operated upon 82 dBA 86 dBA the public streets, roads, or highways. 3) Vehicle repairs. It shall be unlawful for any person within any residential area of the city to repair, rebuild, or test any motor vehicle between the hours of 8:00 p.m. of one day and 7:00 a.m. of the next day in such a manner as to create an excessive noise pursuant to Table 1. 4) Mufflers. No person shall operate or cause to operate any motor vehicle unless the exhaust system of such vehicle is: a) equipped with a muffler; b) free from defects which may cause sound level violations; and c)not modified in a manner which will amplify or increase the sound level emitted by the motor of such vehicle above the sound levels provided for in Table 2. d) (APACHE JUNCTION) (AJCC, Ch. 10, § 10-1-12(B)) It is unlawful for any person to operate a motor vehicle which shall not at all times be equipped with a muffler upon the exhaust thereof in good working order and in constant operation • to prevent excessive or unusual noise, and it is unlawful for any person operating any motor vehicle to use a cut-out,by-pass or similar muffler elimination appliance. 5) Motorized skateboards. General Operating Restrictions. (APACHE JUNCTION) (AJCC, Ch. 10, § 10-7-4) a) No person under the age of 12 shall operate a motorized skateboard. 6 b) No person shall operate a motorized skateboard at a speed greater than is reasonable and prudent under the circumstances or in excess of the posted speed limit. c) In order to cross a sidewalk, bicycle path, bicycle lane or multi-use path, a person operating a motorized skateboard shall yield the right-of-way to all other users. d) No person operating a motorized skateboard shall allow passengers to ride on the motorized skateboard when the motorized skateboard is in operation or in motion. e) No person operating or riding upon a motorized skateboard shall attach themselves or the motorized skateboard in any manner to any other vehicle. f) No person shall operate a motorized skateboard while carrying any package, bundle or article if carrying the object prevents the operator from keeping both hands upon the steering mechanism at all times. g) No person operating a motorized skateboard shall: transport extra fuel in a separate container on the motorized skateboard; or attach a separate container with fuel to the operator's person; or alter the fuel reservoir on the motorized skateboard from the original manufacturer's design. h) No person shall operate a motorized skateboard in a manner causing excessive, unnecessary or offensive noise that disturbs the peace and quiet of any • neighborhood or that would annoy a reasonable person. i) No person shall operate a motorized skateboard that has been structurally altered from the original manufacturer's design. 6) Sound amplification systems in vehicles. (APACHE JUNCTION) (AJCC, Ch. 10, § • 10-2-1 to §10-2-4) a)Sound amplification system: any device,instrument or system,whether electrical or mechanical or otherwise, for amplifying sound or for producing or reproducing sound, including but not limited to any radio stereo, musical instrument, phonograph or sound or musical recorder or player. b) Except as authorized by law, no person shall operate or permit the operation of any sound amplification system in or on a vehicle which can be heard outside the vehicle from 50 or more feet above the levels noted in Table 2 unless the system is being operated to request assistance of an emergency nature or to warn of a hazardous situation. 7 c)The decibel levels in Table 2 shall not apply to an authorized emergency vehicle, a vehicle operated by a gas/electric/communications/water utility company, a vehicle operated by a governmental entity, or a vehicle used in a parade or in a political or other special event permitted by the city. d) This chapter is enacted for the purpose of protecting the health, safety and welfare of the citizens; to avoid distractions of drivers on the streets and to avoid traffic congestion. e)To prohibit artificial sound noises from interfering with the lawful rights of other persons and from constituting a hazard to motorists and pedestrians. Q Loud radios and sound sets. (PINAL COUNTY) • 1) It shall be unlawful for any person, including the owner or manager of any business, to operate or permit to be operated any radio receiving set, phonograph, musical instrument, and sound-producing mechanism, at any time in such a manner as to permit the same to be heard at a distance of more than 125 feet from the property line or motor vehicle where such radio receiving set, phonograph, and/or sound-producing mechanism is located. ? 2) (APACHE JUNCTION)(AJCC, Ch. 10, § 10-1-12(A)) It is hereby declared to be a public nuisance and it is unlawful for any person, firm or corporation owning or operating or in control of any restaurant, hotel, dance hall, show, store or any place of public amusement, entertainment or accommodation, to play or permit to be play, eny music or musical instrument or instruments whether played by individuals, orchestra, radio, phonograph, music box or other mechanical device or means in such a loud or unusual manner as to be offensive to the senses, or so as to disturb the slumber, peace and quiet or otherwise interfere with or annoy the comfortable enjoyment of life or property of any considerable number of persons in the neighborhood and is no less a nuisance because the extent of the annoyance inflicted is unequal. D) Construction of buildings and other projects. (PINAL COUNTY) • 1) Noise limitations. It shall be unlawful for any person to operate equipment or perform any outside construction or repair work on buildings, structures or projects, or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist or any other construction-type device except within the time periods specified in subsection (b) of this section unless an appropriate permit has been obtained beforehand from the city. 2) Construction start/stop times. (PINAL COUNTY) • a) Concrete work. From April 15 to October 15, inclusive, concrete may be poured ? each day between the hours of 5:00 a.m. and 7:00 p.m. or at such other times as authorized by permit. From October 16 to April 14, inclusive, concrete may be poured each day between the hours of 6:00 a.m. to 7:00 p.m. or at such times as authorized by permit. 8 b) Other type construction (residential property/zoning districts listed in Table 1. From April 15 to October 15, inclusive, all other construction or repair work shall not begin prior to 6:00 a.m. and must stop by 7:00 p.m. each day, in or within 500 feet of a residential property, or at such other times as authorized by permit. From October 16 to April 14, inclusive, all other construction or repair work shall not begin prior to 7:00 a.m. and must be stopped by 7:00 p.m. each day, in or within 500 feet of a residential property, or at such other times as authorized by permit. c) Other type construction (nonresidential property). Construction and repair work in nonresidential areas, not within 500 feet of a residential property, shall not begin prior to 5:00 a.m. and must stop by 7:00 p.m. or at such other times as authorized by permit from April 15 to October 15. d) Weekends and holidays excluded. Notwithstanding anything to the contrary herein, construction or repair work shall not begin prior to 7:00 a.m. and must stop by 7:00 p.m., and concrete pouring shall not begin prior to 6:00 a.m. and must stop by 7:00 p.m. on any, Saturday, Sunday or legal holiday, unless such other times are authorized by permit. 3)Permits required; considerations for issuance; exception. (PINAL COUNTY) a) Construction and repair work may be conducted at different times and at higher noise levels than otherwise permitted if, upon written application, a permit is obtained beforehand from the development services director or his designee. The permit shall be kept on the work site and shown to city officials on request. In granting such permit, the development services director or designee shall consider if. 1) Construction noise in the vicinity of the proposed work site would be less objectionable at night than during the daytime because of different population levels or different neighboring activities; 2) Obstruction and interference with traffic, particularly on streets of major importance, would be less objectionable at night than during the daytime; 3) The kind of work to be performed emits noises at such a low level as not to cause significant disturbance in the vicinity of the work site; 4)The neighborhood of the proposed work site is of such a character wherein sleep could be disturbed; if great economic hardship would occur if the work was spread over a longer time; 5) The work will abate or prevent hazards to life or property; 6)Proposed early morning or night work is in the general public interest; and 9 7) The director shall prescribe such conditions, working times, types of construction equipment to be used, and permissible noise emissions as deemed to be required in the public interest. b) No permit shall be required to perform emergency work as defined in this chapter. 4)Revocation of permits. The development services director or designee may revoke any permit granted hereunder upon complaint based upon substantial evidence that the construction activity caused significant disturbance in the vicinity of the work site. 5) (APACHE JUNCTION)(AJCC, Ch. 10-1-12(C)) It is hereby declared to be a public • nuisance and is unlawful for any person, firm or corporation to engage in construction activities as delineated below,within the corporate limits of the city, during the prohibited times set forth in section (6) below, when those activities result in the generation of mechanically or electrically created noise that can be heard by a person with normal hearing within a residential building, the windows of which are closed, if the building is located within 500 feet of the construction site. Construction activities include, but are not limited to, the following: a) The making of an excavation, clearing of surface land and loading or unloading material, equipment or supplies; and b) The operation of mechanically powered tools, including but not limited to, a cement mixer, pole driver, power shovel, pneumatic hammer, derrick or power hoist. 6) (APACHE JUNCTION)(AJCC, Ch. 10-1-12(D)) The prohibited time periods for • construction activity are as follows: a) Before 5:00 a.m. Arizona State Time and after 6:30 p.m. Arizona State Time, Monday through Friday from April 15 to October 15; b) Before 6:00 a.m. Arizona State Time and after 6:30 p.m. Arizona State Time, Monday through Friday during the remainder of the year; and c) Before 7:00 a.m. Arizona State Time and after 5:00 p.m. Arizona State Time on Saturdays and Sundays throughout the year and holidays recognized by the city. 7) (APACHE JUNCTION)(AJCC, Ch. 10-1-12(E)) The following activities shall be • excluded from such prohibition: a)Noise generated by work being performed by a resident of a building or structure, which may continue until 9:00 p.m., but may not begin earlier than the times set forth in section(6) above; and 10 b)Noise resulting from an emergency, including but not limited to,repair of roofs, windows, doors and electrical, plumbing and mechanical equipment. An emergency means any situation where work must be performed in order to prevent serious physical injury to persons or property. 8) (APACHE JUNCTION)(AJCC, Ch. 10-1-12(F)) The construction activities noted in section (7)(b) above may be conducted at prohibited times, if upon written application, a permit is obtained before the activities commence, from the city manager or a designee. The written application must contain information which demonstrated that the need to engage in the activity is an urgent necessity, and barring the activity would constitute an unreasonable hardship on the applicant. a) If the city manager or a designee determines that granting of the permit would impair the public health, safety and welfare, the permit shall be denied. If determined otherwise, the permit shall be granted and the construction activity allowed to take place during any or all of the prohibited hours. b) In determining whether to grant the permit, the city manager or a designee shall balance the hardship to the applicant against the adverse impact on the health,safety and welfare of the persons most likely affected, the adverse impact on the property affected and any other adverse effects of granting the permit. c) Permits shall be granted by giving written notice to the applicant with any necessary conditions, including a time limit on the permitted activity, which in no case shall exceed 30 days. The permit shall not become effective until all conditions are communicated in writing, understood and agreed upon by the applicant. Noncompliance with any condition in the permit shall be grounds for revocation of the permit. An applicant may appeal the refusal to issue a permit or the revocation of a permit to the council, who has the final authority to grant, refuse or revoke a permit. 9) (APACHE JUNCTION)(AJCC, Ch. 10-1-12(G)) Violation of any provision of sections (5) through (8) above is a misdemeanor and is punishable pursuant to Vol. I, § 1- 1-11. E) Small wireless facilities ("SWF") in the right-of-way ("ROW') use restrictions. (APACHE JUNCTION) (AJCC, Ch. 13, Article 13-4, Appendix B Wireless Facilities Standard Terms and Conditions) 1) A provider's use and occupation of the use areas shall in all respects conform to the following provision: Except during construction permitted under this agreement and for burglar alarms and other safety devices, outdoor loud speakers, sirens or other devices for making noise are prohibited. All equipment shall be operated so that sound coming therefrom does not exceed the ambient noise levels set forth below at the boundary of the street parcel and cannot be heard at the closer of. i) the exterior boundary of the street 11 ap rcel; or ii) two hundred feet (200) outside the boundary of the street parcel. The preceding sentence does not apply to use of normal, properly maintained construction equipment used as permitted by an approved agreement, to infrequent use of equipment that is as quiet or quieter than a typical well maintained gasoline powered passenger automobile, to use of an air conditioning unit that is no noisier than a typical well maintained residential air conditioning unit. a) (APACHE JUNCTION)(AJCC,Ch. 13, § 13-14-1(F)(17)) At no time shall equipment noise from any facility exceed an exterior noise level of 65 dBA three ? feet from the source of the noise if the facility is located in the ROW adjacent to a business or industrial zone. Any facility located within 500 feet of any rural or residential zone, or a residential or school use, shall not exceed 55 dBA three feet from the source of the noise. b) (APACHE JUNCTION)(AJCC, Ch. 13, § 13-14-1(F)(19)) Consistent with ? current federal laws, at the time of modification of SWF, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise, and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities. F)Home based occupations. (APACHE JUNCTION)(AJCC,Vol.II, Ch. 1,§ 1-6-6(G)) Indoor • operation. The home occupation shall be conducted indoors and shall not produce a noise, odor, vibration, glare or light that is noticeable beyond the property line for single-family zoning districts,beyond the adjoining walls for multi-family zoniniz districts or beyond the unit spaces of manufactured home and trailer parks, as determined by the director or designee. G) Equestrian activities and uses. (APACHE JUNCTION)(AJCC, Vol. II, Ch. 1, § 1-6- • 7(D)(10)) Related events. Social events and parties shall be subject to the same noise, parking, traffic and health and safety regulations applied to other residential properties within the city. H) Airports and helipads. (APACHE JUNCTION)(AJCC, Ch. 1, Vol. II, § 1-6-14) Permit • required. Airports, airstrips, landing areas and helipads shall be permitted only as a CUP as provided in table 5-1 and table 5-3 (see Vol. II, §§, 1-5-1 and 1-5-3). The Planning and Zoning Commission and/or City Council may require conditions of approval to protect the public's interest in controlling noise,vibration,glare, light,runway protection zones, over flight areas, fumes, dust, fuel particles, crash hazards. These conditions of approval shall apply to the take-off and landing of any contrivance,now known or hereafter invented,for use or designed for navigation of or flight in the air, including helicopters, fixed-wing aircraft and gliders and lighter-than-air vehicles such as hot air balloons, blimps and dirigibles. 1)Alternative energy structures and equipment. (APACHE JUNCTION)(AJCC, Ch. 1, Vol. II, • § 1-6-16(B)(5)) Environmental Standards. Alternate energy production facilities shall comply with state and federal environmental standards regarding emissions, public health, noise and safety. 12 J) General site development regulation. (APACHE JUNCTION)(APACHE JUNCTION) (AJCC, Vol. I, Ch. 8, § 8-1-5(D)) Associated facilities. Back-up power generators shall comply a with the setbacks of the zoning districts and city's noise standards as outlined in the Apache Junction City Code. K) Temporary use of structures. (APACHE JUNCTION)(AJCC, Vol. II, Ch. 1, § 1-6- 23(11)(2)(f))No unreasonable noise impact,public or private disturbances or nuisances shall occur or be permitted to continue as determined by the zoning administrator. L) Conditional usepermits. (APACHE JUNCTION)(AJCC,Vol.II,Ch. 1: Zoning Ordinance, Article 1-16: Administration, §1-16-12: Conditional Use Permits, Administrative Use Permits and Building Permits.)A CUP may be granted upon finding by the council that the use covered by the permit,the manner of its conduct and any structure involved will not be detrimental to persons residing or working in the area, to adjacent property, to the neighborhood or to the public welfare in general. The burden of proof for satisfying the aforementioned requirements shall rest with the applicant. In arriving at the above determination,the council shall consider but not be limited to the negative impact arising from the emission of odor, dust, gas, noise, lighting, vibration, smoke, heat or glare. § 11-1-8: INVESTIGATION(STAFF, COUNTY AND OTHER JURISDICTIONS) (STAFF VERSION) A) The police department is authorized to investigate noise complaints and shall do so using only decibel measurements pursuant to this chapter and not by subjective (individual opinion or experience) data, but rather objective (impartial decibel levels). The individual authorized under this chapter will be a police officer and after receiving a complaint, shall take a decibel measurement upon arrival from the complainant's property line/front door/backyard/patio/social gathering area(100 feet from the source?): 1) If the maximum decibel level is higher than allowed in this chapter, the police officer shall immediately contact the owner or manager of the offending property and verbally warn them to reduce the noise. The warning will be documented in the police department's CAD system or by department report. The complainant will be informed that a warning has been issued. 2) If the maximum decibel levels are subsequently violated after the first warning has been provided,the officer shall issue a citation to the offending party. A citation may be issued to a property owner or manager, with a date to appear in court. If the property owner or manager cannot be cited, is evading personal service of the citation, or refuses to sign the citation, the police officer shall document the reason and shall submit the case to the prosecutor for long form complaint review who shall determine whether a violation occurred and if so, shall file a formal charging complaint with the court. 3)No warnings will be provided for subsequent violations. 13 4)Anonymous complainants will not be accepted or acted upon. A complaining party must leave a name, address and phone number in order for the police department to investigate further. 5) It shall be unlawful for any person to misrepresent or give any false or inaccurate information or in any way attempt to deceive a city staff member in order to avoid compliance with the provisions of this chapter. (SEDONA) (ALTERNATIVE LANGUAGE) A) Complaint processing. After receiving a noise complaint from a complainant, an individual authorized under this chapter shall measure the noise level with such measurements being made where the complainant's peace and quiet was disturbed. The authorized individual shall determine a per se noise violation has occurred when the decibel levels at the complainant's location exceed the maximum decibel levels set forth in Table 1. (FOUNTAIN HILLS) B) A) A law enforcement agent shall command any person violating this section to abate his or her violation. It is unlawful for any person to fail to comply with an order of a law enforcement agent regarding a noise violation. Each violation of the order of a law enforcement agent under this chapter shall constitute a separate offense of this section. (MARANA) C) It shall be unlawful for any person to hinder, obstruct, delay, resist, prevent or in any way interfere, or attempt to interfere, with any authorized person while in the performance of their duties under this chapter. (SEDONA) § 11-1-9: EXEMPTIONS (PINAL COUNTY & APACHE JUNCTION) The sound levels set forth in this chapter shall not apply to the following noise sources: 1) Heating and cooling equipment when it is functioning in accordance with the manufacturer's specifications and is in proper operating condition; 2) Landscape maintenance equipment, when it is functioning in accordance with the manufacturer's specifications and with all mufflers and noise-reducing equipment in use and in proper operating condition; 3)Non-amplified crowd noises resulting from activities such as athletic,musical or cultural activities or events planned by schools, governmental or community groups, or organized sports, except for such noises generated at restaurants, bars, inns, or resorts of any kind; 4)Noises of safety signals, warning devices and emergency pressure relief valves; 5) Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency; 14 6)Noises resulting from emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster;to restore public utilities; or to protect persons or property from an imminent danger; 7)Noises from a religious institution's percussion instruments; 8) Power plant equipment during normal operation; 9)Noise created by any city vehicle, equipment or facility while being operated for official use; 10) Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations or air traffic control instructions issued pursuant to or within duly adopted federal air regulations, together with any noise created by aircraft operated under, or pursuant to, declaration of an emergency under federal air regulations; 11) Any special event as approved by the council including but not limited to parades, concerts, festivals, fairs or similar activities; 12) Legal fireworks on Independence Day and New Year's Eve are allowed until 11:00 p.m. (SEDONA); 13) Activities, including commercial activity, which is permitted under the zoning code, conditional use permit or development agreement; 14) Animal noises: (APACHE JUNCTION) (AJCC, Ch. 6, §§ 6-1-1, 6-1-3(A), 6-1-3 (B), 6-1-3 (C), 6-1-7(E), 6-1-8(E), 6-9-2(A), 6-9-2(B)) a) General Public Nuisance. An odor or noise that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood, or by a considerable number of persons; when investigating public nuisance allegations, the Enforcement Officer shall take into consideration all factors that support any such allegations, including but not limited to: distances in which the complaining parties live from the offensive premises,number of complaining witnesses,number of complaining parties residing on the street or in the vicinity of the offensive premises, duration that the conditions existed, prior history of similar complaints, and communications between the complainants and the offending party. b) Barking. It is unlawful and hereby declared a public nuisance for any person to harbor or keep any animals that habitually bark,howl, yelp, squeal, shriek or make any other sounds that disturb the peace and quiet of the neighborhood, or in such a manner as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by a considerable number of persons. When investigating public nuisance allegations, the Enforcement Officer shall take into consideration all factors that support any such allegations, including but not limited to: distances that the complaining parties live from the offensive premises, number 15 of complaining witnesses, number of complaining parties residing on the street or in the vicinity of the offensive premises, duration that the conditions existed, prior history of similar complaints, and communications between the complainants and the offending party. c) Procedure. Before an Enforcement Officer cites any person for an animal noise nuisance under division(A) above, the complaining party and the alleged offender must first agree to participate in a civil hearing process administered by the City Manager. The City Manager shall appoint three city residents who shall convene to hear the complainant's allegation against the offending party. The Arizona Rules of Evidence shall not apply to these proceedings. The panel shall allow both the complainant and the alleged offender to state their side and shall allow any evidence the panel deems helpful in deciding whether there has been a violation of division (A). The panel shall make the determination within 5 calendar days after the hearing, and shall make its findings in writing, signed by all three panel members. The City Manager shall send the written determination to the Enforcement Officer, the complaining party and the alleged offender. d)Penalty—Post Hearing Panel. There is no monetary penalty in a finding against the alleged offender. However, the Enforcement Officer shall monitor the alleged offender's property for additional violations. Should the Enforcement Officer have probable cause through written witness statements that the noise has continued,and it interferes with the reasonable use and enjoyment of the complaining party's property and in what manner, the Enforcement Officer shall prepare a class 1 misdemeanor noise citation and serve it on the offender. The violation shall be prosecuted by the City Attorney's office. If found guilty of a violation of division (A) or if the offender pleads guilty, the court shall impose a fine of no less than $1,000, 12 months summary probation and 30 calendar days suspended jail sentence. The court may also impose other penalties as it deems fit, including but not limited to, the requirement the defendant use anti-barking devices on the animal. e) Commercial Kennel Noise. The permittee shall operate the kennel so as to eliminate excessive or untimely noise from animals and offensive odors from the kennel. The kennel and grounds shall be maintained in a sanitary condition. f) Personal Kennel Noise. The permittee shall operate the personal dog kennel so as to eliminate excessive or untimely noise from animals and offensive odors from the kennel. The kennel and grounds shall be maintained in a sanitary condition.The property covered by this permit shall be surrounded by a fence of sufficient height and strength to confine the dogs. Sufficient height and strength will be determined by an Enforcement Officer,based on the size of the dog being confined. g) General Penalty. A fourth violation of the same code provision in this chapter occurring within 24 months of the first violation shall be filed in the criminal division of the municipal court as a class 1 misdemeanor by the City Attorney's 16 office by long form complaint,or the Enforcement Officer by direct citation,which minimum fine shall be$1,000 and a maximum fine of$2,500,a minimum probation period of 12 months and a maximum of 36 months, a minimum jail suspended sentence of 30 days or a maximum of 180 calendar days, and other provisions that the court has jurisdiction to impose, such as applicable, court-imposed penalties, assessments, an order for forfeiture and destruction of an animal, and other court or probation fees. The court shall treat subsequent and successive civil judgments in the same manner as prior criminal convictions are concerned insofar as the elevated fines noted above are to be applied. The court has no discretion to lower these penalties and shall sentence the individual to at least the minimum sentences noted above. However, unless otherwise set forth in this chapter, violations of the following code provisions,whenever committed, single incident or repetitive, shall always be handled as criminal class 1 misdemeanors with the above-noted minimum class 1 misdemeanor penalties. h) Penalty. Notwithstanding the above code provisions, the City Attorney's office has the discretion to reduce a misdemeanor to a civil violation in the interest of justice. 15) Squealingtires.ires. (APACHE JUNCTION) (AJCC. Ch. 12, § 12-2-15(A) & (B)) No • person shall intentionally operate any vehicle at such a speed on a curve, straight-of-way or turn, or accelerate or decelerate such vehicle in such a manner as to create loud and unreasonable noise through the squealing of tires upon the pavement, or to cause damage to the roadway, or to cause the surface of the roadway to be displaced in any manner including throwing dirt, gravel, stone or other roadway surface or material upon the surface into the air. No person shall violate any of the provisions above while upon the surface of any parking lot or parking space of any public place; 16) Construction, repair, remodeling, demolition, drilling, landscape maintenance, • landscaping, lawn or yard work,wood cutting, including crafts and hobbies, or excavation work conducted between 6:00 a.m. through 8:00 p.m. Mondays through Fridays. Also, a person may engage in or allow such activities at that person's residence between 6:00 a.m. and 8:00 p.m. on Saturdays or Sundays. (FROM ORIGINAL PRESENTATION JURISDICTION UNKNOWN) • 17) Unruly gathering. Allowing or causing any malicious or willful shouting, yelling, screaming or any other form of raucous vocalization by a person or group of people on any private or public property including property used to conduct business in a manner which disturbs the peace and quiet of a neighborhood or a reasonable person of normal sensibilities. Unruly gathering can be pursued as disorderly conduct under A.R.S. § 13- 2904. (CHANDLER/MESA) 18) Abatement of unruly gathering. A peace officer may abate an unruly gathering by • reasonable means including but not limited to citation and/or order dispersal of the persons attending the gathering. Unruly gathering can be pursued as disorderly conduct under A.R.S. § 13-2904. (MESA) 17 § 11-1-10: PERSONS RESPONSIBLE FOR NOISE VIOLATIONS (PINETOP) A) The business, enterprise, person or persons creating the noise, involved in the activity or operating the equipment which creates the noise shall be responsible or liable for a violation of this chapter. B) The business, enterprise, owner, lessee, tenant, occupant or other possessor of the property on which the noise is created or the activity or operation creating the noise is located also shall be responsible for a violation of this chapter. § 11-1-11: PENALTY A) A violation of any provision of this chapter shall be deemed and is declared to be a public nuisance and any person who violates any of the provisions of this chapter is subject to being prosecuted for a class 1 misdemeanor offense. Each day a violation continues or exists shall be considered a separate offense subject to punishment as a separate class 1 misdemeanor.In addition, a violation of this chapter may be pursued at the discretion of the prosecuting attorney as a civil infraction with fines of up to $750.00. Each day of a continuing violation is a separate violation for the purpose of imposing a separate penalty. The city prosecutor, code compliance manager, or any adjacent or neighboring property owner who shall be damaged by the violation of any provision of this chapter, in addition to other remedies provided by law, may institute injunctive, abatement or any other appropriate relief or proceedings to prevent or abate this type of public nuisance. (PINAL COUNTY) B) Any person or persons making a complaint on a residential or commercial property where no short form citation or long form summons and complaint has been issued after the third instance, the person or persons making the complaint may be subject to an administrative fee of two hundred fifty dollars ($250.00). In the event of an anonymous complainant from the same residence or commercial property, if no citation or long form summons and complaint is issued after the third instance, it will be at the discretion of the chief of police or commander to not respond or follow up to the call. (FROM ORIGINAL PRESENTATION JURISDICTION UNKNOWN) D) Any person who shall violate any of the provisions of this Chapter or the City of Apache Junction Code as amended herein shall be guilty of a civil infraction. (FROM ORIGINAL PRESENTATION JURISDICTION UNKNOWN) E. The penalty for a person found responsible for a first violation shall receive a warning; a mandatory minimum fine of two hundred and fifty dollars ($250.00) for a second violation; and a mandatory minimum fine of five hundred dollars ($500.00) for a third or subsequent violation. (FROM ORIGINAL PRESENTATION JURISDICTION UNKNOWN) F. The Court may, in its own discretion, grant cost recovery for law enforcement services and/or establish a surcharge. (FROM ORIGINAL PRESENTATION JURISDICTION UNKNOWN) 18 G. Each subsequent violation shall be a separate offense, punishable as hereinabove described. (FROM ORIGINAL PRESENTATION JURISDICTION UNKNOWN) 19 r Mr. Da Vee stated that the alternative funding was a recommendation of the Council to the Alliance which changed the original proposal and resulted in shaving about $5,000 of Apache Junction cost originally proposed, and has been agreed to by the other governmental agencies. Councilman Damiano MOVED THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY FOR PARTICIPATION BY THE CITY IN A SOLID WASTE MANAGEMENT STUDY, BE ACCEPTED AS PRESENTED; AND THAT THE CITY MANAGER BE AUTHORIZED TO EXPEND FUNDS AND PARTICIPATE ACCORDINGLY AS OUTLINED IN THE AGREEMENT. motion. Councilwoman Perkins seconded the VOTE: Unanimous The motion carried. PROPOSED RESOLUTION NO. 88-41, DECLARING AS A PUBLIC RECORD THE CITY OF APACHE JUNCTION, ARIZONA, COMPLAINT PROCESSING POLICY ) ) Mr. Da Vee explained that this Complaint Processing Policy outlines what information the employee needs to obtain and what information he needs to give to the complaintant, and that the overall working of this policy will eliminate a necessity for citizens to call back to find out the outcome of their complaint. Councilman Uamiano MOVED THAT RESOLUTION NO. 88-41, DECLARING AS A PUBLIC RECORD AND ADOPTING AS CITY POLICY THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED CITY OF APACHE JUNCTION, ARIZONA, COMPLAINT PROCESSING POLICY, BE APPROVED AND ADOPTED. motion. Councilman Connolly seconded the VOTE: Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTION: DIRECTION ON RECRUITMENT FOR CITY MANAGER POSITION Councilman Burgess pointed out that with the issues coming up in the near future such as Home Rule, it is important REGULAR MEETING OF THE CITY COUNCIL JANUARY 3, 1988 PAGE 10 RESOLUTION NO. 88-41 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD AND ADOPTING AS CITY POLICY THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED CITY OF APACHE JUNCTION, ARJZONA, COMPLAINT PROCESSING POLICY. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: That certain document entitled, City of Aoache Junction, Arizona, Complaint Processing Policy, three copies of which are on file with the office of the City Clerk of the City of Apache Junction, Arizona, is hereby declared to be public record and official City policy and said copies are hereby ordered to remain in file with the office of the City Clerk. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 4TH DAY OF JANUARY 1989. SIGNED AND ATTESTED TO THIS 16TH DAY OF JANUARY 1989. 0 MAN S. HILL Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: DA I - ALEXAN City Attorney Resolution No. 88-41 Page One of One CITY OF APACHE JUNCTION, ARIZONA, COMPLAINT PROCESSING POLICY Purme: The purpose of this policy is to provide for the fair, efficient, and uniform treatment of complaints made to the City of Apache Junction, Citizen Complaints In General: When an employee receives a citizen complaint, the following actions shall Occur: I. The complaint shall be directed as soon as is feasible to the employee responsible for working with citizen complaints. L. The investigating employee shall obtain all pertinent facts; e.g., dates, time of day, location, identity of participants, and so forth. 3. The investigating employee shall advise the complainant that the complainant's name will not be used in the processing of the complaint. The name, address, and telephone number, of the caller should be obtained for purposes of followup. If the complainant wishes to remain anonymous, he or she should be advised that the complaint will be processed on the basis of the information given. The complainant should be advised that if preliminary investigation does not substantiate the complaint, and the complainant does not call within one week so that the investigating employee can obtain additional information, the case will be closed. If the caller wishes to be advised about the outcome, it will be up to him or her to call the employee. The Investigating employee should indicate when resolution could reasonably be expected 4. Preliminary information available from City files, other sources, or drive-by inspection should be obtained and reviewed by the investigating employee prior to formal notice or inquiry of citizens or property owners alleged to be parties or participants to or in the complaint. If preliminary information reviewed does not support the allegation of code violation or wrong-doing, the Investigating employee should contact the caller for more information, if the complainant is anonymous and does not call within one week, the case should then closed. S. If, after review of preliminary information available, drive-bys or other preliminary investigative procedure are supported, the investigating employee shall initiate formal notice, issue appropriate citatfon(s), or pursue other administrative action supported by the Code. The investigating employee should make a cal i to the complainant advising him or her of the corrective measures being taken and the anticipated date of conclusion. In the case of anonymous complainants, such followup is only possible when the complainant contacts the investigating employee. Citizen Complaints About an Employee: Complaints about employees shall be handled by the City Managers Office. When an employee receives a complaint about a City Employee, the following steps shall occur: 1. The employee shall notify his/her department director. 2, The department director shall notify as soon as is feasible the City Managers office. 3. If the City Manager or the City Manager's designee deems the complaint to be noncriminal in nature, the City Manager will Initiate an internal investigation, followed by possible personnel action. 4. 1f the City Manager or the City Manager's designee deems the complaint to be criminal in nature, the case will be coordinated with the appropriate law enforcement agencies, followed by possible personnel action Questions Concerning the Processing of Citizen m lai ts: Questions concerning this policy should be directed to the City Manager or the City Manager's designee.