Chapter 9.10 PUBLIC DISTURBANCE NOISE

Chapter 9.10
PUBLIC DISTURBANCE NOISE

Sections:

9.10.010 Public nuisance and disturbance noises – Prohibited.

9.10.020 Public nuisance and disturbance noises – Defined.

9.10.030 Sounds and noises that are exempted from FMC 9.10.010.

9.10.010 Public nuisance and disturbance noises – Prohibited.

It is unlawful for any person to create, cause, and/or continue, or for any person in possession of real or personal property to allow to originate from said property, any sound that is public nuisance and disturbance noise. (Ord. 431 § 1, 1997)

9.10.020 Public nuisance and disturbance noises – Defined.

For the purposes of this chapter, a public nuisance and disturbance noise is defined as being any sound that endangers the safety or health of humans or animals, or endangers or damages any person’s personal or real property, or that disturbs any reasonable person of normal sensitivities. Such noises include, but are not limited to, those noises listed below:

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

(2) Any sound which is audible within any school, or other institution of learning, court, hospital, nursing or convalescent facility, religious institution, library, or other area where exceptional quiet is necessary and wherein the noise complained of is detrimental to the function of the facility;

(3) Any sound produced by the use of a sound amplifier or other device capable of producing or reproducing amplified sound on public streets for the purpose of commercial advertising, commercial solicitation, or for attracting the attention of the public to a vehicle, structure, property, or contents of such items for the purpose of commercial activities;

(4) Any sound created by the frequent, repetitive or continuous sounds in connection with repairing, operating or testing of motor vehicles, off-road vehicles, gas powered machinery or equipment, engines or appurtenances utilizing an internal combustion engine;

(5) Any sound made at any time by using, operating, playing, or permitting to be used, operated or played, any amplification device or equipment, including but not limited to radios, musical instruments, phonographs, tape players, CD players or recorders, sound amplification systems or other machines or devices used for producing or reproducing sound at any time with volume louder than is reasonably necessary to be heard by the owners, occupiers, or guests of dwelling units, commercial establishments, stores or automobiles to a distance not to exceed 75 feet from the source of the sound;

(6) Any of the following sounds, but not limited to said listing, which occur between 10:00 p.m. in the evening and 6:30 a.m. the following morning:

(a) Any sound made by the construction, excavation, repair, demolition, destruction or alteration of any building, property or upon any building site;

(b) Any sounds created by the discharge of firearms at authorized shooting ranges. (Ord. 499 § 2, 2002; Ord. 431 § 2, 1997)

9.10.030 Sounds and noises that are exempted from FMC 9.10.010.

The following sounds are exempt from the provisions of this chapter at all times:

(1) Noises caused by motor vehicles used for highway maintenance or noises caused in the maintenance or performance of emergency work for the immediate safety, health or welfare of the community or individuals of the community or to restore property in a safe condition following a public calamity;

(2) Sounds created by warning devices and fire alarms not operating continuously for more than 10 minutes, or any bells, chimes or carillons operated for not more than five minutes;

(3) Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations;

(4) Sounds created by the operation of equipment operated by law enforcement, firefighters, aid personnel, and emergency response units;

(5) Sounds originating from officially sanctioned parades and other community events, regardless of the manner in which such a sound is created, to which the general public is solicited to attend and sounds originated from league or school sponsored athletic events;

(6) Noise from equipment used in the conveyance of water or other utilities, trash pick-up, street cleaning equipment operated by utility providers, or any state, county or city agency;

(7) Sounds associated with the operation and running of saw mills and/or industrial related equipment; provided, that said noise does not occur during the period between midnight and 7:00 a.m., unless such activities are associated with a milling operation located in the Forks industrial park; however, noises associated with the operation of emergency-related equipment, pressure release valves, etc., shall not be regulated in any manner by this chapter;

(8) Sounds and noises associated with the construction, development of property pursuant to a building permit, development permit, etc.; provided, that said noise does not occur during the period between 10:00 p.m. and 6:30 a.m.;

(9) Noise created by powered equipment used in temporary or periodic maintenance or repair of residential property, including but not limited to grounds and appurtenances, such as lawnmowers, powered hand tools, composters, etc.; provided, that such use does create sounds that emanate from within the attached structure, or in cases where said equipment is used out of doors, the noise does not occur during the period between 10:00 p.m. and 6:30 a.m. (Ord. 431 § 3, 1997)

9.10.040 Enforcement and penalties.

(1) Enforcement. Whenever any police officer, commissioned by the city of Forks, has probable cause to believe that any person is in violation of this chapter, said officer shall on the first alleged violation of this chapter provide a written warning to the offender. Thereafter, any further violation of this chapter by the same offender shall result in the issuance of either an infraction or citation, based upon the criteria established below, by the police officer.

(2) Penalties. After the written warning has been issued, the following penalties shall apply to any subsequent violation:

(a) First violation following issuance of the written warning: civil infraction with a fine of not less than $100.00 and no more than $250.00.

(b) Second violation within a year of the first violation: civil infraction with a fine of not less than $175.00 and no more than $250.00.

(d) Fourth violation within a year of the first violation: criminal misdemeanor citation with a minimum penalty of a fine $250.00 plus court costs and a maximum penalty pursuant to RCW 9A.20.010(2) and 9A.20.021.

(e) Fifth violation within a year of the first violation: criminal misdemeanor citation with a minimum penalty of a fine of $350.00 plus court costs, one day of incarceration, and a maximum penalty pursuant to RCW 9A.20.010(2) and 9A.20.021. (Ord. 431 § 4, 1997)