Chapter 8.34
PUBLIC DISTURBANCE NOISE
Sections:
8.34.030 Violation – Misdemeanor – Penalty.
8.34.010 Definitions.
A “public disturbance noise” means: a noise a person causes or permits, which originates from the real or personal property of any person, while the person is in possession or control of such property; and which noise unreasonably disturbs or interferes with the peace, comfort and repose of a reasonable person of ordinary sensitivities, including the owners or possessors of real property. Public disturbance noise includes sound created by use of a radio, television set, musical instrument, sound amplifier or any other device capable of producing or reproducing sound, which emanates frequently, repetitively, continuously or is of such a volume as to shock or startle persons or animals from any building, structure or property which annoys or disturbs the peace, comfort or repose of a reasonable person of normal sensitivity; and also includes any other sound occurring frequently, repetitively or continuously which annoys or disturbs the peace, comfort or repose of a reasonable person of normal sensitivity. The time of day or night the noise occurs shall be considered in determining the reasonableness of the noise. 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, nor does it apply to motor vehicle stereo equipment and portable stereo equipment noise which is regulated under Chapter 8.38 NMC. (Ord. 2024, 2015)
8.34.020 Exemptions.
A. The following shall not constitute public disturbance noises:
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 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 officially sanctioned parades and other public events;
8. 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;
9. Sounds created in conjunction with public work projects or public work maintenance operations executed at the cost of the federal government, state, or municipality;
10. Sounds created in conjunction with the collection of solid waste;
11. Sounds originating from activities occurring in public parks, playgrounds, gymnasiums, splash park and other public recreational facilities during hours of operation.
B. The following are not public disturbance noises between the hours of 7:00 a.m. and 10:00 p.m. as zoning allows:
1. Sounds originating from residential property relating to temporary projects for the repair or maintenance of homes, grounds and equipment, including motor vehicles;
2. Sounds created by the installation or repair of essential utility services.
C. The following are not public disturbance noises 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 as zoning allows:
1. Sounds originating from temporary construction sites as a result of construction activity;
2. 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. 2024, 2015)
8.34.030 Violation – Misdemeanor – 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 Pend Oreille 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. 2024, 2015)
8.34.040 Severability.
If any provision of this chapter is held invalid or unconstitutional, the remainder of the chapter shall not be affected thereby. (Ord. 2024, 2015)
8.34.050 Effective date.
This chapter shall take effect five days after its passage and publication. (Ord. 2024, 2015)