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EVERETT 2044 <br />DEVELOPMENT REGULATIONS <br /> <br /> <br />6/17/2025 <br />DEVELOPMENT REGULATIONS <br />Page 298 <br />D. Split district propertfes. Where a receiving property lies within more than one district, the most 1 <br />restrictfve maximum permissible noise level shall apply to the receiving property. 2 <br />E. Violatfon, enforcement; habitual violators. 3 <br />1. It shall be a violatfon of this chapter if at any hour of the day or night, the applicable noise 4 <br />limitatfons in subsectfon A and B of this sectfon are exceeded for any receiving property. 5 <br />2. Sound levels taken by the administrator, or trained and certffied designee, with a sound level 6 <br />meter, or equivalent instrument, shall be determinatfve for purposes of establishing violatfons. 7 <br />3. Violatfon of this sectfon is a civil violatfon and enforceable as set forth in Chapter 1.16 EMC 8 <br />with the penalty amount(s) established in EMC Sectfon 1.20.190 Any violatfon of this sectfon 9 <br />shall be subject to the enforcement procedures established in Chapter 1.20 EMC. 10 <br />4. Any person, after receiving three or more notfce and orders, for prior violatfons of this chapter 11 <br />within a three hundred sixty five (365) day period, shall be guilty of a misdemeanor upon a 12 <br />subsequent violatfon within said three hundred sixty five (365) day period. 13