Title
Consider/Discuss/Act on an Ordinance Amending Chapter 70 "Offenses and Miscellaneous" of the Code of Ordinances by Amending Section 70-122, "Penalty," to Modify the Allowable Penalties
Summary
COUNCIL GOAL: Operational Excellence
(2.2: Continuously provide a high level of customer service to our
citizens)
MEETING DATE: December 16, 2025
DEPARTMENT: Development Services / Code Services
CONTACT: Phillip Hubbard, Director of Code Services
Chris Smith, Code Services Manager
RECOMMENDED CITY COUNCIL ACTION:
* Adoption of the proposed ordinance.
ITEM SUMMARY:
* Staff is proposing to modify Section 70-122 of the Noise Ordinance (Chapter 70 of the Code of Ordinances) to modify the penalties that apply to people who violate the City's noise regulations.
* The current maximum fine for people who violate the Noise Ordinance is $500.
* In response to a recent increase in complaints regarding construction activities and associated noise occurring outside of allowable construction hours, including consensus from the City Council, staff is proposing to modify the regulations to allow criminal penalties up to and including $2,000 for people who supervise or control violating construction activity.
o In order to be able to assess a $2,000 fine, the Municipal Court Judge must determine that the City Prosecutor has proven a negative impact on the public's health.
* Additionally, staff is proposing a new civil penalty of up to $1,000 against anyone who violates the city's noise ordinance.
o Civil penalties may be recovered in a suit against the owner or their representatives through district court or assessed by the Building Standards Commission and enforced by the district court.
o Civil penalties introduce an additional enforcement tool, particularly effective for addressing repeat or habitual code violators. This process can operate independently or in conjunction with the existing criminal citation framework, offering greater flexibility in enforce...
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