Sec. 15-21.6. Determination of violation.


(a) It will be prima facie evidence of a violation of this ordinance if the sound or noise can be heard and measured at the levels described in section 15-21.2 above.
(b) Where the noise source is located in a building or other structure, the owner, occupant, resident, manager, or other person in charge of the premises shall, if present, be presumed to have permitted the noise in the absence of evidence to the contrary.
(c) Where portable noise producing devices such as radios, tape recorders/players, compact disc players, stereos, etc., are present in, or being transported through, a public area, street, park, etc., either by a person or in a vehicle, the person or persons in possession of the device and/or vehicle shall be presumed to have permitted the noise in the absence of evidence to the contrary.
(d) A police officer, or other designated enforcement official of the city, may, if he has probable cause to believe a prima facie violation of this ordinance is being committed in his or her presence, view, or hearing, issue a municipal infraction or citation as hereafter provided. (Ord. No. G-02-9, § 1, 6-6-02)

Editor’s note--This ordinance, as referenced in subsection (a), is Ordinance No. G-02-9, adopted June 6, 2002, which added sections 15-21 through 15-21.8 to chapter 15.