Chapter 9.80
NOISE REGULATION
Sections:
9.80.010 Public nuisance prohibited.
9.80.020 Certain activities – Public nuisances – 11:00 p.m. to 7:00 a.m. – Residential areas.
9.80.030 Certain activities – Public nuisances – 11:00 p.m. to 7:00 a.m.
9.80.040 Certain activities – Public nuisances.
9.80.010 Public nuisance prohibited.
No person, firm or corporation, being the owner, possessor, occupant or person in possession or control of any premises within the city, or being the person in possession or control of any machine, vehicle or equipment within the city, shall keep, maintain, use, suffer or allow to exist on said premises or on any public right-of-way adjacent to such premises, or suffer or allow the use of any machine, vehicle or equipment within the city any public nuisance as defined in this chapter. No person, firm or corporation shall commit any act defined in this chapter as a public nuisance. (Ord. 799 § 1, 1997).
9.80.020 Certain activities – Public nuisances – 11:00 p.m. to 7:00 a.m. – Residential areas.
Between the hours of 11:00 p.m. and 7:00 a.m. within residential areas of the city, it shall be a public nuisance for any person, firm or corporation to:
(1) Engage in any building activity, structure repair, construction, reconstruction, remodeling or demolition activity, excavating activity, or use any tool or machine or engage in any other activity, the noise of which shall annoy or disturb any person or persons residing in the vicinity;
(2) Operate any power lawn mower or power snow remover or blower, or any chain saw. (Ord. 799 § 2, 1997).
9.80.030 Certain activities – Public nuisances – 11:00 p.m. to 7:00 a.m.
Between the hours of 11:00 p.m. and 7:00 a.m. in the city it shall be a public nuisance for any person, firm or corporation to commit or suffer to be committed the following acts:
(1) On privately owned premises and in residential areas of publicly owned premises in the city, to sponsor, suffer or allow any meeting, party, or gathering of persons, the noise of which shall disturb or annoy any person or persons residing in the city;
(2) In any place within the city, to play any musical instrument, radio, television set, or audio equipment, the noise of which shall annoy or disturb any person or persons residing in the vicinity;
(3) In any place within the city, to cause or make any loud or raucous, and frequent repetitive or continuous sounds created by use of a musical instrument or other device or object capable of producing sound when struck by another object or the hand, or by a whistle, a sound amplifier, or other device capable of producing, amplifying or reproducing sound;
(4) To engage in any sport or contest, the noise of which shall disturb or annoy any person or persons residing in the vicinity. (Ord. 799 § 3, 1997).
9.80.040 Certain activities – Public nuisances.
It shall be a public nuisance for any person, firm or corporation to commit or suffer to be committed the following acts:
(1) To operate any motorcycle, motorbike or terrain vehicle in the city on any property not a part of the street system of the city when such motorcycle, motorbike or terrain vehicle does not conform to the muffler standards required for operation on the public streets;
(2) To cause, make or allow the operation of a motor vehicle audio system, such as a radio, tape player, or compact disc player, at such a volume that it can be clearly heard at a distance of 50 feet, or more, from the vehicle itself;
(3) To cause, make or allow the operation of portable audio equipment, such as a radio, tape player, or compact disc player, at such volume that it can be clearly heard at a distance of 50 feet, or more, from the source of the sound. (Ord. 799 § 4, 1997).
9.80.050 Exempted acts.
(a) DMC 9.80.030 shall not apply to the United States, the state of Washington, Lincoln County, the city of Davenport, the grain elevators, the stockyards, the fairgrounds, the railroad, or any of their respective officers, employees or contractors when engaged in snow removal, street cleaning, emergency repair to any street building, structure, right-of-way or trackage, scheduled events, fire suppression, or any other emergency for the preservation of life or property.
(b) DMC 9.80.040(2) and (3) shall not apply to any activity sponsored by any public school or the park department of the city. (Ord. 799 § 5, 1997).
9.80.060 Variance.
The city council or a committee thereof designated by the city council may, upon written application filed with the city clerk-treasurer, grant a variance from any of the provisions of this chapter and authorize the issuance of a special permit for any activity when it finds that such activity will have a substantial public participation or when it finds that such variance is in the public interest; provided, however:
(1) A variance shall be granted only after public hearing by the city council, or by such designated committee.
(2) Upon the filing of an application for variance from the terms of this chapter, the city clerk-treasurer shall give notice of the application and notice of the time, date and place of hearing of the application. Such notice shall be posted in three of the places provided for the posting of public notices, and at least in two places in the area likely to be affected by the variance.
(3) Any person may appear at such public hearing and be heard, either for or against the application.
(4) Any variance granted and any special permit issued thereunder shall state the nature of the activity and the date, times and place for which the variance is granted, and shall state any special provisions or limitations applicable in the exercise thereof.
(5) Upon granting of a variance the city police shall issue a special permit to the applicant to conduct the activity for which a variance has been granted.
(6) Any activity conducted under a variance and special permit shall conform strictly to the terms and provisions thereof. (Ord. 799 § 6, 1997).
9.80.070 Violation – Penalty.
Any person, firm or corporation who violates the provisions of this chapter shall be guilty of an infraction, and shall be subject to a civil penalty and shall be fined as provided:
(1) First offense, $150.00;
(2) Second offense, $300.00;
(3) Third offense, $500.00;
(4) Any offense after the third offense shall be at $500.00 per offense. (Ord. 818 § 1, 1998; Ord. 799 § 7, 1997).