Chapter 8.79
Noise Control
Sections:
8.79.010 Declaration of policy.
It is the policy of the city of Montesano to minimize the exposure of citizens to the physiological and psychological dangers of excessive noise and to protect, promote, and preserve the health, safety, and welfare of the general public. It is the express intent of the city council to control the level of noise in a manner which promotes commerce; the use, value, and enjoyment of property; sleep and repose; and the quality of the environment. The city council recognizes the position of the guarantees of freedom of speech in our society. If those guarantees are to be truly effective, it is necessary that each citizen tolerate unwelcome speech and ideas. Without that, the guarantees of free speech cannot serve their critical roles of fostering the exchange of ideas. The city council, however, recognizes that any right may be abused; that an individual's right is limited by the impacts of its utilization upon those in our society who are affected by that utilization; and that balancing must be effectuated. In effectuating this balancing, the city recognizes the vital role involved with the right to privacy, the right to be let alone, in an increasingly noisy and intrusive world. Nowhere is that right more significant than in the privacy of one's home.
Sound is a principal medium of communication. By its nature and as a result of massive technological changes within the last few years, it has become an even more potentially intrusive medium to those who do not wish to hear the specific noise or message. The purpose of this chapter is to protect to the greatest extent possible both the right of free speech and the right to privacy within the home. Its purpose is to guarantee ample channels of communication for all ideas, whether welcome or unwelcome by recipients; yet also secure the home as a refuge from noise which unreasonably disturbs the peace and repose of its inhabitants. (Ord. 1445 §1, 2001).
8.79.020 Finding of special conditions.
The Montesano Police Department and the city council have been apprized of numerous citizen complaints regarding specialized noise occurrences, particularly in summer months, such as the playing of amplified music, in automobiles and otherwise, and the running of motorcycles, all at such volume and duration as to unreasonably disturb and interfere with the peace, comfort, and repose of others. Such noises constitute a public disturbance. These noise occurrences adversely affect the public health and welfare, the value of property, and the quality of environment and constitute special conditions within the city which make necessary any and all differences between this chapter and regulations adopted by the Department of Ecology. (Ord. 1445 §2, 2001).
8.79.030 Public disturbance noise.
It is unlawful for any person willfully and knowingly to cause, or any person in possession of property willfully and knowingly to allow to originate from the property any sound which:
(a) Is caused by the operation of a motor vehicle, including by way of example and not by way of limitation, automobile, truck, motorcycle, and all-terrain vehicle, upon property other than a public highway, and which is so loud as to unreasonably disturb or interfere with the peace, comfort, and repose of owners or possessors of real property.
(b) Is plainly audible within any dwelling unit which is not the source of the sound and which is located within a residential zone established pursuant to the Montesano Zoning Ordinance, Chapter 17, Montesano Municipal Code, is of such loudness, frequency, or duration as to unreasonably disturb the peace, comfort, and repose of owners or possessors of such dwelling units within such dwelling units, and which emanates from any device designed for sound production or reproduction, such as, but not limited to, radios, televisions, musical instruments, phonographs, and loudspeakers. However, between the hours of 7 a.m. and 10 p.m., sound which is plainly audible within such dwelling unit for less than a total of five minutes in any one-hour period or less than one minute at any one time shall not be deemed to unreasonably disturb a person's peace, comfort, and repose for purposes of this subsection.
(c) Is plainly audible within any structure which is not the source of the sound and which is located within the city of Montesano, other than in a residential zone established pursuant to the Montesano Zoning Ordinance, Chapter 17, Montesano Municipal Code, is of such loudness, frequency, or duration as to unreasonably disturb the peace, comfort, and repose of owners or possessors of such dwelling units within such dwelling units, and which emanates from any device designed for sound production or reproduction, such as, but not limited to, radios, televisions, musical instruments, phonographs, and loudspeakers. However, between the hours of 7 a.m. and 10 p.m., sound which is plainly audible within such dwelling unit for less than a total of five minutes in any one-hour period or less than one minute at any one time shall not be deemed to unreasonably disturb a person's peace, comfort, and repose for purposes of this subsection.
Sound which is plainly audible is sound, such as but not limited to, understandable spoken speech or comprehensible musical rhythms.
(d) Sound produced by the audio system installed in a motor vehicle which is plainly audible more than fifty feet from the vehicle when the windows and doors of the vehicle are closed or one hundred feet if either are open, unless such sound is generated by a system in compliance with the following:
(1) produced by a speaker system externally mounted;
(2) Is related to the advertising or promotion of a social or political event, cause, issue, or candidate, or promoting a particular business enterprise;
(3) Occurs between the hours of 8 a.m. and 8 p.m.; and
(4) Possesses any permit which may be otherwise required by the provisions of the Municipal Code. (Ord. 1445 §3, 2001).
8.79.040 Exemptions.
In addition to those exemptions contained in Section 8.79.030, the following sounds are exempt from the provisions of this chapter:
1. Sounds created by intrusion alarms, fire alarms, and other alarms of similar type and purpose;
2. Sounds created by emergency equipment and emergency work necessary in the interests of law enforcement or of the health, safety, or welfare of the community;
3. Sounds created by off-highway vehicles while being used in officially designated off-road vehicle parks; and
4. Sounds created by warning devices not operated continuously for more than thirty minutes per incident. (Ord. 1445 §4, 2001).
8.79.050 Definitions.
For purposes of this chapter:
(a) Plainly audible and clearly audible shall mean the same thing.
(b) To be violative of the provisions of this chapter, the sound, noise, or use must be plainly audible and be of such nature as to be capable of unreasonably disturbing the peace, comfort, and repose of a person occupying a structure. (Ord. 1445 §5, 2001).
8.79.060 Violation.
Any person found to have violated any provision of this chapter shall be subject to penalty of punishment as set forth in Section 1.08.030 MMC. (Ord. 1445 §6, 2001).