§ 12-6-106. EXCESSIVE NOISE.

(a)

Definition. For the purposes of this section, "unreasonable noise" means noise from an animal of sufficient loudness, character, and duration that exceeds a level of 60 dba during daytime hours between 7:00 a.m. and 10:00 p.m., or 50 dba during nighttime hours between 10:00 p.m. and 7:00 a.m.

(b)

Unreasonable noise prohibited.

(1)

An animal shelter, owned or operated by the county shall not permit any domesticated or caged animals confined or detained on its property to create an unreasonable noise across a real property line which disturbs or interferes with the health, comfort, peace, or repose of an affected property owner, or refuse or intentionally fail to cease and remediate the unreasonable noise.

(2)

Unless the shelter has within the past 24 months prior to the effective date of this Act acknowledged the occurrence of excessive noise levels emitting from the shelter, an affected property owner shall give notification in writing of a violation of subsection (b) to an employee of the animal shelter and to the county Health Officer or the Health Officer's designee. Notification of a violation shall be reported within seven days following the date of the occurrence.

(c)

Evidence of violation.

(1)

A violation of this section may be shown by any competent evidence, which may include documentation, and may also be shown by an audio and visual recording that establishes the date and time of an occurrence and the level of the unreasonable noise on a sound level meter device that measures the noise level in decibels at a property line of the shelter. Examples of unreasonable noise may include but not be limited to:

(i)

Vocalizing (howling, yelping, barking, squawking etc.) of noise for five (5) minutes without interruption, defined as an average of four (4) or more vocalizations per minute in that period; or,

(ii)

Vocalizing of noise for 20 minutes intermittently, defined as an average of two (2) vocalizations or more per minute in that period.

(2)

A violation is also shown and confirmed if in the past 24 months an animal shelter owned or operated by the county has commissioned a professional study of an existing shelter and has found the shelter to be in violation of subsection (b) and has not permanently remediated the condition.

(d)

Determination by Health Officer.

(1)

After providing the affected property owner with the opportunity to offer evidence of the unreasonable noise occurrence within 30 days of the occurrence, the Health Officer or the Health Officer's designee shall make a written determination within 15 days as to whether the shelter is in violation of subsection (b). The written determination shall be sent to the county and to the affected property owner.

(2)

A decision that is adverse to the property owner shall be appealable de novo within 30 days of the date of the written determination to the county Board of Appeals.

(e)

Requirement to remediate noise.

(1)

Upon a determination by the Health Officer or the Health Officer's designee, or the Board of Appeals upon appeal, that the noise level from the animal shelter exceeds any of the levels set forth in subsection (a), the county shall promptly, and in any event within 90 days, remediate the noise to levels in compliance with subsection (a).

(2)

Remediation efforts shall be completed to permanently reduce future emitted noise from the shelter to levels below those set forth in subsection (a). Those remediation actions may include but are not limited to an appropriately sized sound wall or acoustical panels.

(f)

Excessive light pollution. The county shall minimize the brightness of excess lighting when in or adjacent to a residentially zoned area by utilizing security lighting that is motion sensitive in a localized area and does not exceed one (1) foot candle at the property line, except for the primary entrance area of the shelter.

(Bill No. 2-18 , § 1, 3-5-2018)