Chapter 6.56 PUBLIC NUISANCE NOISES

Chapter 6.56
PUBLIC NUISANCE NOISES

Sections:

6.56.010 Findings and declaration of necessity.

The making, creation or maintenance of excessive, unnecessary or unusual loud noises which are prolonged and unusual in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the people of the city of Oak Harbor. The necessity in the public interest for the provisions, controls and prohibitions of this chapter is declared to be a matter of legislative determination and public policy; and it is further declared that the provisions, controls and prohibitions of this section are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city of Oak Harbor and its inhabitants. (Ord. 597 § 1, 1981).

6.56.020 Unnecessary noise prohibited.

It is unlawful for any person to make, continue, or cause to be made or continued any excessive, unnecessary or unusual loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the city of Oak Harbor. (Ord. 597 § 2, 1981).

6.56.030 Specific noises prohibited.

(1) The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but the following enumeration shall not be deemed to be exclusive, namely:

(a) Horns, Signaling Devices, Etc. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such horn or signaling device of any unreasonably loud or harsh sound; and the sounding of any such horn or signaling device for any unnecessary and unreasonable period of time. The use of any horn or signaling device, except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such horn or signaling device for any purpose when traffic is delayed, except as a danger warning;

(b) Radios, Phonographs, Sound Systems. The using, operating or permitting to be played, used or operated any machine or device such as a radio receiving set, musical instrument, phonograph, CD player, tape player or recorder, sound system, or other machine or device used for the producing or reproducing of sound in such a manner so as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto;

(c) Operation of Radios, Phonographs and Sound Systems in the Night. The playing, using, operating or permitting to be played, used or operated any such radio receiving set, musical instrument, phonograph, CD player, tape player or recorder, sound system machine or device between the hours of 9:00 p.m. and 7:00 a.m., the next morning, in such a manner as to be plainly audible at a distance of 75 feet from the building, apartment, condominium, structure, vehicle or other location where the machine or device is located;

(d) Loudspeakers, Amplifiers for Advertising. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, CD player, tape player or recorder, loudspeaker, sound amplifier, sound system or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure;

(e) Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling or singing on the public street, particularly between the hours of 9:00 p.m. and 7:00 a.m., the next morning, or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or any persons in the vicinity;

(f) Animals, Birds, Etc. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity;

(g) Noisy Operation of a Vehicle. Operating or using any automobile, truck, motorcycle, or other vehicle in such a manner as to create the squealing or chirping of tires, loud and unnecessary grating, grinding, rattling or other noise, except as deemed necessary by those operating or using a vehicle for emergency response. It shall be unlawful for a vehicle to emit excessive loud exhaust or other operating noises. Mufflers shall be in such condition so that they will not create unreasonably loud noises;

(h) Construction, Demolition or Repairing of or on Buildings, Structures or Other Property. The erection (including excavation), demolition, alteration or repair of or on any buildings, structures or other property other than between the hours of 7:00 a.m. and 9:00 p.m., on weekdays, except in the case of urgent necessity in the interests of public health and safety, and then only with a permit from the building official, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for a period of three days or less while the emergency continues. If the building official should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of or on any building, structures or other property on weekends and/or within the hours of between 8:00 a.m. and 5:00 p.m., and if he/she shall further determine that substantial loss or inconvenience would not result to any party in interest, the building official may grant permission for such work to be done within the hours of 8:00 a.m. and 5:00 p.m., upon application being made at the time the permit for the work is issued or during the progress of the work;

(i) Vehicle Stereos, Radios, Etc. Operating a motor vehicle which produces, creates, generates, amplifies, continues or causes to be produced, created, generated or amplified any excessive noise or sound, when such vehicle is being driven or is parked on public property, public ways, or public rights-of-way. For the purpose of this section, the term “excessive noise” shall mean noise or sound which injures or endangers the comfort, repose, peace, safety or health of a human being, or annoys or disturbs a reasonable person and which is produced, created, generated, or amplified by radios, stereos, television equipment, electronic audio equipment, musical instruments and similar devices which is plainly audible to any person 30 feet or more from the motor vehicle which produces, creates, generates, amplifies, continues or causes to be produced, created, generated or amplified the excessive noise or sound and the term “plainly audible” means any person who can hear the content of the sound produced by the noise source including, but not limited to, musical rhythms, spoken words, and vocal sounds.

(2) Noise Permit and Parade Permit as Exceptions.

(a) Noise Permit. The mayor or the mayor’s designee may grant a permit to make noise or perform acts otherwise controlled or prohibited by this chapter upon application by a person specifying the nature and extent of noise to be made or continued, or the act to be performed, upon a determination by the city council that to deny the permit under the circumstances surrounding the making of the application would create undue hardship upon the applicant, and upon a further determination by the mayor or the mayor’s designee that to grant the permit would not create an undue and prolonged hardship on others, for whose benefit and protection the noise or act is prohibited by this chapter. Any permit so granted may contain conditions or requirements upon which it is granted as the mayor or the mayor’s designee deems necessary to minimize the adverse effect upon the people of the community or surrounding neighborhood which may be affected by granting the permit, and the permit shall specify a reasonable time for which it is to be effective. In addition to the basis of undue hardship as a standard for granting such a permit, the mayor or the mayor’s designee may grant such a permit upon determination that:

(i) The granting of the permit is necessary to allow applicant to modify his customary activities so as to comply with this chapter, if the mayor or the mayor’s designee determines that such customary activity of the applicant was not originally undertaken or performed under circumstances and in a manner evidencing a disregard for the rights of others; or

(ii) The activity, operation or noise source will be of temporary duration and cannot reasonably be performed or controlled in such a manner so as to comply with the provisions of this chapter; or

(iii) The activity creating the noise constitutes a program of a temporary nature for the benefit of the entire municipality or for the benefit of a charitable purpose.

(b) Parade and Motorcade Permits. The provisions, controls and prohibitions of this section shall not apply to noise made by acts performed by bona fide participants in a parade or motorcade authorized by a permit issued pursuant to the provisions of OHMC 5.36.010 through 5.36.030.

(3) Additional Remedies – Injunction and Summary Abatement.

(a) Injunction. The making or continuing of noise or the performing of acts in violation of this chapter which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area affected by the unlawful act or noise is a public nuisance subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction.

(b) Abatement. Any unlawful act or noise prohibited by this chapter shall be subject to abatement as provided by law. (Ord. 1633 § 1, 2012; Ord. 1511 § 1, 2007; Ord. 1329 § 1, 2002; Ord. 939 § 1, 1992; Ord. 597 § 3, 1981).

6.56.040 Further relief under the law.

Nothing in this chapter shall be construed to limit the city’s or any person’s rights or powers to obtain relief applicable under state or federal law. (Ord. 597 § 5, 1981).