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ORDINANCE Page 7 of 18 <br /> <br /> <br /> <br />B. Modifications to maximum noise levels. The maximum permissible sound levels established <br />by this chapter shall be modified as follows: <br />1. Between the hours of ten p.m. and seven a.m. during weekdays, and between the <br />hours of ten p.m. and nine a.m. on weekends, the levels established in Section 20.08.050 are <br />reduced by ten dB(A) where the receiving property lies within District I of the city of Everett. <br />2. At any hour of the day or night, for any source of sound which is an impulse sound, <br />the levels established by this chapter are increased by: <br />i. Five dB(A) for a total of fifteen minutes in any one-hour period; or <br />ii. Ten dB(A) for a total of five minutes in any one-hour period; or <br />iii. Fifteen dB(A) for a total of one and one-half minutes in any one-hour <br />period. <br /> <br />C. Noise levels based on Leq. The exterior noise level limits are based on the Leq, as defined in <br />EMC 20.08.040, during the measurement interval, using a minimum interval of one (1) minute <br />for a constant sound source, or a one (1) hour measurement for a noncontinuous sound source. <br />The standard of measurement shall be a one (1) hour Leq. Leq may be measured for times not <br />less than one (1) minute to project an hourly Leq. <br /> <br />D. Split district properties. Where a receiving property lies within more than one district, the <br />most restrictive maximum permissible noise level shall apply to the receiving property. <br /> <br />E. Violation, enforcement; habitual violators. <br />1. It shall be a violation of this chapter if at any hour of the day or night, the applicable <br />noise limitations in subsection A and B of this section are exceeded for any receiving property. <br />2. Sound levels taken by the administrator, or trained and certified designee, with a <br />sound level meter, or equivalent instrument, shall be determinative for purposes of establishing <br />violations. <br />3. Violation of this section is a civil violation and enforceable as set forth in Chapter 1.16 <br />EMC with the penalty amount(s) established in EMC Section 1.20.190. <br />4. Any person, after receiving three or more notice and orders, for prior violations of <br />this chapter within a three hundred sixty five (365) day period, shall be guilty of a misdemeanor <br />upon a subsequent violation within said three hundred sixty five (365) day period. <br />