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r <br /> • <br /> • <br /> 1 B. Public Disturbance Noises. It is unlawful for any person to cause, <br /> or for any person in possession of property to allow to originate <br /> 2 from the property, sound that is a public disturbance. No sound <br /> source specifically exempted from a maximum permissible sound <br /> 3 level by this chapter shall be a public nuisance noise or public <br /> disturbance noise insofar as the particular source is exempted. The <br /> 4 following sources of sound shall be public disturbance noises and <br /> are also subject to regulation under the provisions of Sections <br /> 5 20.08.030 through 20.08.050: <br /> 6 <br /> Section 3: Section 12 of Ordinance No. 534-78 which reads: <br /> 7 <br /> 8 A. Punishment for Violations and Crimes. Every offense defined by <br /> this chapter or conduct made unlawful thereby shall constitute a <br /> 9 violation of the Everett criminal code, and any person convicted of <br /> a violation shall be punished by a civil fine or forfeiture not to <br /> 10 exceed five hundred dollars. <br /> 11 B. Penalty for Failure to Comply with Final Orders. In addition to <br /> any other sanction or remedial injunctive procedure which may be <br /> 12 available at law or equity, any person failing to comply with a final <br /> order issued by the administrator or board of adjustment (hearing <br /> 13 officer if appropriate), shall be subject to a cumulative civil <br /> penalty in an amount not to exceed one hundred dollars per day <br /> 14 from the date set for compliance until such order is complied with. <br /> The civil penalty shall be collected by such action brought in the <br /> 15 name of the city. <br /> 16 <br /> is hereby amended to read: <br /> 17 <br /> 18 A. Punishment for Violations and Crimes. Every offense defined by <br /> this chapter or conduct made unlawful thereby shall also constitute <br /> 19 an offense under the Everett criminal code, and any person <br /> convicted of such an offense shall be punished by a fine not to <br /> 20 exceed five hundred dollars or by imprisonment in the jail not to <br /> exceed six months, or both imprisonment and fine. <br /> 21 <br /> B. Evidence in Criminal Proceedings. In any criminal prosecution <br /> 22 under Section 4(c) of Ordinance No. 534-78 (codified as Everett <br /> Municipal Code Sections 20.08.080(A) and 20.08.080(B) ) or Section <br /> 23 5 of Ordinance No. 534-78 (codified as Everett Municipal Code <br /> 20.08.090), evidence of sound level through the use of a sound-level <br /> 24 meter readings shall not be necessary to establish the commission <br /> of the offense. <br /> 25 <br /> C. Penalty for Failure to Comply with Final Orders. In addition to any <br /> 26 other sanction or remedial injunctive procedure which may be <br /> available at law or equity, any person failing to comply with a final <br /> 27 order issued by the administrator or board of adjustment (hearing <br /> officer if appropriate), shall be subject to a cumulative civil <br /> 28 penalty in an amount not to exceed one hundred dollars per day <br /> from the date set for compliance until such order is complied with. <br /> 29 The civil penalty shall be collected by such action brought in the <br /> name of the City. <br /> 30 <br /> 31 <br /> 32 -2- <br />