§ 4-9.102. Prohibited Generally.

It shall be unlawful for any person to willfully or knowingly make, continue, or cause to be made or continued any loud and raucous noise.

The term "loud and raucous noise" shall mean any sound which, because of its volume level, duration, or character, annoys, disturbs, injures, or endangers the comfort, health, peace, or safety of a reasonable person of ordinary sensibility within the limits of the City of Modesto.

The term "loud and raucous noise" specifically includes, but is not limited to, the kinds of noise generated by the activities enumerated in Section 4-9.103. The term "loud and raucous noise" specifically excludes the kinds of noise generated by the activities described in Section 4-9.104.

For any kind of noise not enumerated in Section 4-9.103, the factors which may be considered in determining whether a violation of the provisions of this section exists may include, but shall not be limited to, the following:

(a)

The volume of the noise;

(b)

Whether the nature of the noise is usual or unusual;

(c)

Whether the origin of the noise is natural or unnatural;

(d)

The volume and intensity of the background noise, if any;

(e)

The proximity of the noise to residential sleeping facilities;

(f)

The nature and zoning of the area within which the noise emanates;

(g)

The density of the inhabitation of the area within which the noise emanates;

(h)

The time of the day or night the noise occurs;

(i)

The day of the week the noise occurs;

(j)

The duration of the noise;

(k)

Whether the noise is recurrent, intermittent, or constant; and

(l)

Whether the noise is produced by a commercial or noncommercial activity.

(Added by Ord. 2752-C.S., § 1, effective 3-27-91)