Chapter 8.32
NOISE DISTURBANCES
Sections:
8.32.010 Noise disturbances prohibited.
8.32.040 Civil infraction – Hearings.
8.32.010 Noise disturbances prohibited.
It is unlawful for any person to make, continue, cause to be made, or to allow to originate from real property in the possession of the person any sound which creates a noise disturbance. For the purposes of this section, the following sounds are declared to be noise disturbances:
A. Sounds created by use of a radio, television set, musical instrument, sound amplifier or any other device capable of producing or reproducing sound which emanate frequently, repetitively, or continuously from any building, structure, or property located within a residential area, and which annoy or disturb the peace, comfort, or repose of a reasonable person of normal sensitivity.
B. Any other sound occurring frequently, repetitively, or continuously which annoys or disturbs the peace, comfort, or repose for a reasonable person of normal sensitivity. This section shall not apply to noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way for which a permit has been obtained. Additionally, this section shall not apply to noises governed by Chapter 8.29 DPMC. (Ord. 582 § 1, 1990)
8.32.020 Exemptions.
A. The following shall be exempt from the provisions of DPMC 8.32.010:
1. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC;
2. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations;
3. Sounds created by surface carrier engaged in commerce or passenger travel by railroad;
4. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes, or carillons;
5. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible;
6. Sounds created by emergency equipment and work necessary in the interest of law enforcement or for health, safety or welfare of the community;
7. Sounds originating from motor vehicle racing events at existing authorized facilities;
8. Sounds originating from officially sanctioned parades and other public events;
9. Sounds emitting from petroleum refinery boilers during start-up of the boilers; provided, that the start-up operating is performed during daytime hours whenever possible;
10. Sounds created by watercraft, except to the extent that they are regulated by other city ordinances;
11. Sounds created by motor vehicles licensed or unlicensed when operated off public highways, except when such sounds are made in or adjacent to residential property where human beings reside or sleep;
12. Sounds originating from existing natural gas transmission and distribution facilities;
13. Sounds created in conjunction with public work projects or public work maintenance operations executed at the cost of the federal government, state, or municipality;
14. Sounds created in conjunction with military operations or training;
15. Sounds created in conjunction with the collection of solid wastes;
16. Sounds originating from organized activities occurring in public parks, playgrounds, gymnasiums, swimming pools, and other public recreational facilities during hours of operation.
B. The following shall be exempt from the provisions of DPMC 8.32.010 between the hours of 7:00 a.m. and 10:00 p.m.:
1. Sounds originating from residential property relating to temporary projects for the repair or maintenance of home, grounds, and appurtenances;
2. Sounds created by blasting;
3. Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible;
4. Sounds created by the installation or repair of essential utility services.
C. The following shall be exempt from the provisions of DPMC 8.32.010 between the hours of 7:00 a.m. and 10:00 p.m., or when conducted beyond 1,000 feet of any residence where human beings reside and sleep at any hour:
1. Sounds originating from temporary construction sites as a result of construction activity;
2. Sounds originating from forest harvesting, silviculture, and agricultural activity;
3. Sounds originating from the quarrying, blasting, and mining of minerals or materials, including but not limited to sand, gravel, rock and clay, as well as the primary reduction and processing of minerals or materials for concrete batching, asphalt mixing, and rock crushers. (Ord. 582 § 2, 1990)
8.32.030 Violation – Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the Spokane County jail for a period of not more than 90 days, or by a fine of not more than $1,000, or by both such imprisonment and fine. (Ord. 582 § 4, 1990)
8.32.040 Civil infraction – Hearings.
A. In addition to, or as an alternative to, those provisions set forth in DPMC 8.32.030, a violation of any of the provisions of this chapter shall constitute a civil infraction subject to a monetary penalty in the amount of $50.00 per day for each violation. Each such violation shall be a separate and distinct offense, and, in case of a continuing violation, each day’s continuance shall be a separate and distinct violation.
B. The procedures for issuance of a notice of infraction, hearings, assessment, and payment of monetary penalties shall be in accordance with the provisions of Chapter 7.80 RCW. Hearings on notice of infractions issued pursuant to this section shall be held in the Deer Park municipal court. (Ord. 582 § 4, 1990)