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A. Notwithstanding any other provisions of this chapter, and in addition thereto, it shall be unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. Noncommercial nonamplified public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section.

B. Any violation of this chapter may be charged as either a misdemeanor or an infraction as set forth in Chapter 1.20. The violation of any of the provisions of this chapter is declared to be a public nuisance and may also be abated as provided in Sections 11.40.010 through 11.44.030 of the Berkeley Municipal Code.

C. If it is determined by the responding agency that a sound level violates this chapter, the following procedures shall be followed, except as otherwise provided in Section 13.40.070:

1. A warning shall be issued by a NCO to the person responsible for the violation.

2. If the violation persists following the warning or recurs within an eight-hour period, the person responsible shall be in violation of this chapter.

D. The factors which will be considered in determining whether a violation of the provisions of this chapter exists shall include, but not be limited to, the following:

1. The sound level of the alleged objectionable noise.

2. The sound level of the ambient noise.

3. The proximity of the noise to residential sleeping facilities.

4. The nature and zoning of the area within which the noise emanates.

5. The number of persons affected by the noise source.

6. The time of day or night the noise occurs.

7. The duration of the noise and its tonal quality.

E. If a NCO investigates a noise complaint and finds the noise level to have been mitigated to the extent technically and economically feasible, after balancing (1) the number of decibels and the amount of time the offending noise exceeds the allowed limit, (2) the number of persons affected, and (3) the cost of reducing the decibels or amount of time to come into compliance this chapter, the EHD may deem the noise level to be in compliance with this chapter. Such determination may be appealed to the City Manager within 30 days of the decision. (Ord. 7122-NS § 3, 2009: Ord. 5500-NS § 1 (part), 1982)