Chapter 9.46
NOISE
Sections:
9.46.020 Enforcement authority.
9.46.030 Loud or unusual noise prohibited.
9.46.010 Purpose.
The purpose of this chapter is to strive to provide a peaceful environment for community residents, and to recognize the need for the development of limits on noise during certain times and in certain areas. It is unlawful for any person or persons within the corporate limits of the city to disturb the peace and quiet of any person, family or neighborhood, or any public assembly by any loud or unusual noise. (Ord. 984 § 1, 2001).
9.46.020 Enforcement authority.
This chapter shall be enforced through the city’s contracted law enforcement service provider, and/or their authorized agent. (Ord. 984 § 1, 2001).
9.46.030 Loud or unusual noise prohibited.
A. The following sounds are considered loud or unusual noise in violation of this chapter:
1. The frequent repetitive or continuous sounding of any horn or siren attached to a motor vehicle except to alert for danger or as specifically permitted or required by law.
2. The creation of frequent, repetitive or continuous sounds in connection with the operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property.
3. Yelling, shouting, whistling or singing on or near the public streets, between the hours of 10:00 p.m. and 7:00 a.m. or at any time and place as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property.
4. The creation of frequent or repetitive or continuous sounds which emanate from any building, structure, apartment or condominium which unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions or social gatherings.
5. Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself.
6. Sound from portable audio equipment, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source.
7. The squealing, screeching or other such sounds from motor vehicle tires in contact with the ground or other roadway surface because of rapid acceleration, braking or excessive speed around corners or because of such other reason; provided, that sounds which result from actions which are necessary to avoid danger shall be exempt from this section.
8. The keeping or harboring of any dog or other animal which by frequent or habitual howling, yelping, barking or the making of other noises shall annoy or disturb a neighborhood.
9. Sounds originating from residential property relating to temporary projects for the maintenance or repair of horns, grounds and appurtenances, including, but not limited to, sounds from lawnmowers, powered hand tools and composters, between the hours of 9:00 p.m. and 7:00 a.m.
10. Sounds originating from construction sites, including, but not limited to, sounds from construction equipment, power tools and hammering, between the hours of 7:00 p.m. and 7:00 a.m. Sounds originating from construction sites during expanded hours authorized by the city administrator shall be exempt from this section.
B. These provisions shall not apply to noise generated when a special use permit for a special event has been obtained as required by CMC 9.90.020. These provisions shall not apply to permitted agricultural, commercial or industrial uses and activities that are operating in conformance with usual and normal practices for that particular use and activity, and in conformance with city, county, state and/or federal laws. (Ord. 984 § 1, 2001).
9.46.040 Violation – Penalty.
A. Any person, partnership, association, firm or corporation who violates or fails to comply with this chapter of the Cashmere Municipal Code is guilty of a civil infraction. Except in cases where a different penalty or remedy is prescribed by any other ordinance of the city, any person who commits a civil infraction shall pay a penalty of $250.00 for each such infraction.
B. Each such person is guilty of a separate civil infraction for each and every day during any portion of which any violation of any provisions of an ordinance is committed, continued or permitted by any such person. (Ord. 984 § 1, 2001).