Chapter 9.74 PUBLIC DISTURBANCE NOISE

Chapter 9.74
PUBLIC DISTURBANCE NOISE

Sections:

9.74.140 Other rights, remedies, powers, duties and functions.

9.74.010 Public disturbance noises.

It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise. The following sounds are determined to be public disturbance noises:

(a) The frequent, repetitive, or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;

(b) The creation of frequent, repetitive, or continuous sounds in connection with the starting, 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, comfort and repose of owners or possessors of real property;

(c) Yelling, shouting, hooting, whistling, or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time and place so as to unreasonably disturb or interfere with the peace, comfort, and repose of owners or possessors of real property;

(d) The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment or condominium, which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property, such as sounds from audio equipment, musical instruments, band sessions, or social gatherings;

(e) Sound from motor vehicle 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;

(f) Sound from 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, and if not operated upon the property of the operator;

(g) Sound emanating from the construction, maintenance, repair or demolition of buildings, grounds, and appurtenances such as fences and walls, or from activities associated with site clearing, grading, excavation, filling and other alterations, if audible beyond the boundary of the lot or parcel on which the activity is occurring between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and between the hours of 5:00 p.m. and 8:00 a.m. on Saturdays and Sundays.

The foregoing provisions shall not apply to regularly scheduled events at parks, such as public address systems for baseball games or park concerts. The foregoing provisions shall not apply to licensed mobile street vendors in the regular course of business. (Ord. 1286 § 1, 2001; Ord. 1108 § 3, 1995).

9.74.020 Violation – Penalties.

Any person violating the provisions of this chapter shall be punished by a fine in a sum not exceeding $500.00 for the first violation hereof, of which $250.00 shall not be suspended or deferred, and a fine of $700.00 shall be imposed for each subsequent violation, of which $300.00 shall not be suspended or deferred. (Ord. 1108 § 4, 1995).

9.74.140 Other rights, remedies, powers, duties and functions.

(a) Nothing in this chapter shall be construed to deny, abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.

(b) Nothing in this chapter shall deny, abridge or alter any powers, duties and functions relating to noise abatement and control now or hereafter vested in any state agency, nor shall this chapter be construed as granting jurisdiction over the industrial safety and health of employees in work places, as now or hereafter vested in the Department of Labor and Industries. (Ord. 912 § 1, 1988).