Chapter 9.12
NOISE REGULATIONS
Sections:
9.12.010 Declaration of policy.
9.12.020 Prohibited generally.
9.12.030 Specific prohibitions.
9.12.010 Declaration of policy.
It is hereby declared to be the policy of the city that the peace, health, comfort, safety and welfare of its citizens require protection from excessive, unnecessary or unusually loud noises and vibrations from any and all sources in the community. (Ord. 820 § 1, 1992)
9.12.020 Prohibited generally.
A. It shall be unlawful for any person to knowingly make, continue or cause to be made or continued any excessive, unnecessary or unusually loud noise.
B. The term “excessive, unnecessary or unusually loud noise” means a noise disturbance which, because of its volume level, duration or character, annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any individual within the limits of the city.
C. For any kind of noise, whether or not enumerated in SMC 9.12.030, the standards which shall be considered in determining whether a violation exists may include, but shall not be limited to, the following:
1. The volume or intensity of the noise;
2. Citizen complaints;
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 time and/or day of the week the noise occurs;
6. The duration of the noise;
7. Whether the noise is recurrent, intermittent or constant; and
8. Whether the noise is produced by a commercial or noncommercial activity. (Ord. 820 § 1, 1992)
9.12.030 Specific prohibitions.
The following specific acts, subject to the exemptions provided in SMC 9.12.040, are declared to be unlawful and public nuisances:
A. Using or operating out of doors, for any purpose, any loudspeaker, loudspeaker system, amplification device (including a boom box, radio, amplifier, phonograph, stereo, compact disc or tape player), musical instrument or other device for the producing or reproducing of sound, between the hours of ten p.m. and seven a.m., or at any time when such loudspeaker or amplification or similar device described herein is operated in such a manner, whether indoors or outdoors, that it can be heard at a place two hundred feet distant, or such that the sound therefrom creates a noise disturbance across a residential or commercial real property line;
B. Excessive, unnecessary or unusually loud yelling, shouting, talking, whistling or singing out of doors between the hours of ten p.m. and seven a.m. on any day;
C. Excessive, unnecessary or unusually loud noise emanating from vehicle radios or other sound devices, whether the vehicle is on private or public property. The operation of any such radio or sound device in such a manner as to be plainly audible at a distance of twenty-five feet from the vehicle in which it is located or to which it is connected shall be prima facie evidence of a violation of this section;
D. Excessive, unnecessary or unusually loud operation or use of any of the following before seven a.m. or after seven p.m. daily (except Saturday, Sunday and holidays when the prohibited time shall be before nine a.m. and after seven p.m.):
1. Hammers, hand-powered saws or similar implements; impact wrenches or similar equipment powered by compressed air; tools or pieces of equipment powered by an internal combustion engine such as, but not limited to, chain saws, blowers and lawn mowers; electrically powered tools or equipment such as, but not limited to, saws, drills, lathes or routers; heavy equipment such as, but not limited to, bulldozers, steam shovels, road graders, back hoes; ground drilling and boring equipment; hydraulic crane and boom equipment; portable power generators or pumps; pavement or pile driving equipment,
2. Any construction, demolition, excavation, erection, alteration or repair activity, unless authorized in writing by the building official. Written authorization may be issued in the case of an emergency, or where the building official determines that the peace, comfort and tranquility of the occupants of residential property will not be impaired because of the location or nature of the construction activity. (Ord. 837 § 1, 1993; Ord. 820 § 1, 1992)
9.12.040 Exemptions.
Excessive, unnecessary or unusually loud noise as used in this chapter does not include noise or sound generated by the following:
A. Cries for emergency assistance and warning calls;
B. Radios, sirens, horns and bells on police, fire and other emergency response vehicles;
C. Parades, fireworks displays and other special events for which a permit has been obtained from the city are exempted provided there is compliance with all conditions which have been noted in writing on the permit. Excessive, unnecessary or unusually loud noise produced as a result of noncompliance with any condition specified on the permit is not exempt from the requirements of this chapter;
D. Activities on or in publicly owned property and facilities, or by public employees or their franchisees, while in the authorized discharge of their responsibilities, are exempt; provided, that such activities have been authorized by the owner of such property or facilities or its agent or by the employing authority;
E. Religious worship activities, including, but not limited to, bells, organs, singing and preaching. (Ord. 820 § 1, 1992)
9.12.050 Persons responsible.
Any person, driver, passenger, owner, agent, manager or supervisor in charge of operating, ordering, directing or allowing the operation or maintenance of any device, object or machine creating a noise as prohibited in this chapter shall be deemed guilty of violating this chapter. (Ord. 820 § 1, 1992)