Chapter 1.23 PUBLIC DISTURBANCE NOISE

Chapter 1.23
PUBLIC DISTURBANCE NOISE

Sections:

1.23.020 Purpose - Limitation of liability.

1.23.010 Declaration of policy.

It is hereby declared to be the policy of Lewis County to minimize the exposure of citizens of Lewis County to the harmful nuisance, physiological and psychological effects of excessive noise. It is the express intent of Lewis County and the Lewis County board of county commissioners to control the level of noise in a manner that promotes commerce; the use, value and enjoyment of property; sleep and repose; and the quality of the environment. [Ord. 1311 §1, 2019]

1.23.020 Purpose - Limitation of liability.

(1) It is the express purpose of this chapter to provide for and promote the health, safety, welfare and property of the general public in Lewis County, and not to create or otherwise establish or designate any particular class or group of persons who will or should be specially protected or benefited by the terms of this chapter.

(2) Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of Lewis County or its officers, employees or agents for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter, or by reason or consequence of the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the county related in any manner to the enforcement of this chapter by its officers, employees or agents. [Ord. 1311 §1, 2019]

1.23.030 Public disturbance - Noises.

(1) 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 which unreasonably disturbs or interferes with the peace, comfort and repose of other property owners or possessors. The following sources of sound when they unreasonably disturb or interfere with the peace, comfort and repose of property owners or possessors shall be prohibited public disturbance noises:

(a) The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle between the hours of 10:00 p.m. and 7:00 a.m., except as a warning of danger or as specifically permitted or required by law;

(b) The creation of frequent, repetitive or continuous noise that can be heard from the public roadway or neighboring property between the hours of 10:00 p.m. and 7:00 a.m. in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine on residential, rural lands, or resource land zoned property;

(c) Frequent repetitive or continuous yelling, shouting, hooting, whistling or singing, between the hours of 10:00 p.m. and 7:00 a.m.;

(d) The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment or condominium, such as sounds from audio sound systems, band sessions or social gatherings that can be heard from the public roadway, between the hours of 10:00 p.m. and 7:00 a.m.;

(e) Sound from motor vehicle audio sound systems operated at a volume so that it unreasonably disturbs or interferes with the peace, comfort and repose of property owners or possessors; and

(f) Sound created by the discharge of firearms during evening and nighttime hours between one-half hour after sunset and one-half hour before sunrise except for discharge on authorized shooting ranges.

(2) The provisions of subsection (1) of this section shall not apply to:

(a) Regularly scheduled events occurring in public areas such as parks, playgrounds, gymnasiums, swimming pools and other public recreational facilities during hours of operation;

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

(d) Sounds originating from agricultural operations, mining operations, and forestry operations;

(e) Sounds originating from activities approved through a county special use permit, music festival permits approved under Chapter 5.15 LCC, wireless communication permits approved under Chapter 15.50 LCC, administrative approval, State Environmental Policy Act (SEPA) process made consistent with the conditions imposed therein, or any activity pre-zoning exempted from SEPA still in operation;

(f) Sounds from blasting by mining operations approved through special use permit between the hours of 10:00 a.m. to 4:00 p.m. or mining operations pre-zoning still in operation;

(g) Sounds originating between the hours of 7:00 a.m. and 10:00 p.m. from residential and rural property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances;

(h) Sounds originating between the hours of 7:00 a.m. and 10:00 p.m. from temporary construction sites as a result of construction activity;

(i) Sounds from operation of motor vehicles on highways which are regulated under Chapter 173-62 WAC;

(j) Sounds created by blasting other than for mining operations between the hours of 7:00 a.m. and 10:00 p.m.;

(k) Sounds created by surface carriers engaged in commerce or passenger travel by railroad;

(l) Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes, or carillons;

(m) Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible;

(n) Sounds created by emergency equipment and work necessary in the interest of law enforcement or for health, safety, or welfare of the community;

(o) Sounds created by watercraft, except to the extent that they are regulated by other county ordinances;

(p) Sounds originating from motor vehicle racing events at existing authorized facilities;

(q) Sounds created by the discharge of firearms in the course of hunting or at shooting ranges;

(r) Sounds created in conjunction with public works projects or public works maintenance operations executed at the cost of the federal government, state or municipality;

(s) Sounds created in conjunction with the collection of solid wastes;

(t) Sounds created by unamplified voices between the hours of 7:00 a.m. and 10:00 p.m.;

(u) Sounds created from the lawful discharge of fireworks. [Ord. 1311 §1, 2019]

1.23.040 Penalties and enforcement.

(1) Punishment for Violations.

(a) The first violation of provisions of LCC 1.23.030 by a person within the past 12 months shall be a Class 4 civil infraction carrying a monetary penalty of $50.00 plus statutory assessments.

(b) The second violation of provisions of LCC 1.23.030 by a person within a 12-month period shall be a Class 2 civil infraction carrying a monetary penalty of $125.00 plus statutory assessments. This second violation need not occur after the first violation is proven.

(c) A third or subsequent violation of provisions of LCC 1.23.030 by a person within a one-year period shall constitute a criminal misdemeanor punishable by a fine of up to $1,000, 90 days in jail, or both.

(2) In any prosecution for a civil infraction or criminal misdemeanor evidence of a sound level through use of a sound-level meter reading shall not be necessary to establish the commission of the offense.

(3) Civil infractions under this section shall be enforced under Chapter 7.80 RCW and the court rules. For the purposes of both civil and criminal enforcement, the Lewis County sheriff’s office, commissioned law enforcement officers, and code enforcement shall be enforcement officers. [Ord. 1311 §1, 2019]

1.23.050 Severability.

If any provision of this chapter is held invalid or unconstitutional, the remainder of the chapter shall not be affected thereby. [Ord. 1311 §1, 2019]