Ord 2009-021 - Laserfiche WebLink

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property lines or enters another residence. Factors to be used in determining whether noise is excessive shall include but need not be limited to: the time of day; the size of any gathering o nersons making or contributinu to the noise: the use of noise amplification eauipment: they tend to cause distress, discomfort, annoyance, or injuil to a person of ordinary sensibility. Sources of excessive noise may include but are not limited to live or recorded human voices or sounds produced by radio, stereo, television, musical instruments or other devices." b. An excessive noise violation shall be punished, upon conviction, by a fine not to exceed $500 as provided in Section 1.015(b) of the San Marcos City Code." SECTION 2. Chapter 34, Article 6, Host Responsibilities For Parties In Residential Areas, Section 34.701, Definitions, of the San Marcos City Code is hereby amended to modify and add definitions as follows: (deletions are shown with str-ilethfettg , additions are underlined) Lffif "Uhl b Code. Apartment complex means a multi-family development containing one or more buildings that have at least four dwelling units. Excessive noise means noise that can be heard across property lines or enters a residence other than the residence from which the noise originated. Factors to be used in determining whether noise is excessive shall include but need not be limited to: the time of day, the size of any gathering of persons making or contributing to the noise, the use of noise amplification equipment; the magnitude or disruptive effect of thel noise; the duration of the noise, or whether the noise would tend to cause distress, discomfort, annoyance. or injury to a person of ordinary sensibility. Sources of excessive noise may include but are not limited to live or recorded human voices or sounds produced by radio, stereo, television, musical instruments or other devices." Guest means any person who attends a party other than the host, whether invited or not. Unruly gathering means a gathering of more than one person which is conducted on premises within the city and which, by reason of the conduct of those persons in attendance, results in the occurrence of more than one of the following conditions or events on public or private property; rioting: the unlawful sale, furnishing, possession or consumption of alcoholic beverages. the destruction of property; obstruction of roadways. driveways, or ways by crowds or vehicles; excessive noise; disturbances, brawls, fights. or quarrels; public urination or defecation; or indecent or obscene conduct or ex op sure. SECTION 3. Section 34.702, Host Responsiblities For Parties In Residential Areas, of the San Marcos City Code is hereby amended to read as follows: (deletions are shown with str-ikethfe"b, additions are underlined) Sec. 34.702. Responsibilities of hosts, guests, owners or managers of common areas at apartment 2