Chapter 8.17
PUBLIC DISTURBANCE NOISE
Sections:
8.17.010 Public disturbance noise prohibited.
8.17.020 Public disturbance noises.
8.17.050 Enforcement – Complaint – Penalty.
8.17.010 Public disturbance noise prohibited.
No person, whether or not that person is in actual possession of the noise source, shall create, continue, cause to be created or continued, or allow to be created or continued, any public disturbance noise. “Public disturbance noise” means any sound which:
A. Unreasonably disturbs or interferes with the peace, comfort, and repose of owners or occupants of real property and causes a noise complaint to be reported by two or more persons occupying or located in separate residences or establishments, neither of which is within the same property boundary, or
B. Is specifically included in, but not limited to, those listed in PMC 8.17.020 and 8.17.030. (Ord. 832 §1, 2007).
8.17.020 Public disturbance noises.
For the purposes of this chapter public disturbance noises shall include, but shall not be limited to:
A. The following noises which are received within a residential area between the hours of 10:00 p.m. and 7:00 a.m. and which result in:
Complaints from two or more different persons occupying or located in separate residences neither of which is within the same property boundary; or
Complaints from one or more person(s) occupying or located in a residential area at a distance of seventy-five feet from the source and heard and confirmed by a law enforcement officer.
1. Any sound made by the use of a musical instrument, whistle, sound amplifier, juke box, radio, television, tape or CD player, or other device which emanates from a building, structure, property, motor vehicle, or portable device;
2. Any sound made by the unamplified human voice which emanates from a building, structure, property, or motor vehicle;
3. Frequent, repetitive, or continuous sounds made by any animal, which emanates from a building, structure, property, or motor vehicle;
4. Any sound made by the construction, excavation, repair, demolition, destruction, or alteration of any building, property or upon any building site;
5. Any sound made by operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, air conditioner, fan, blower or similar device or by hammering or pounding so as to cause a noise disturbance across a residential boundary.
B. The following noises which are received in any area at any time and which result in:
Complaints from two or more different persons occupying or located in separate residences or establishments neither of which is within the same property boundary;
Complaints from one or more person(s) occupying or located in a residential area in separate residences or establishments and confirmed by a law enforcement officer.
1. Any horn, siren, or similar signaling device attached to a motor vehicle except when reasonably necessary to insure safe operation as permitted in RCW 46.37.380 or brief testing during a repair of the device.
2. Any sound made by the discharge of exhaust gases from an internal combustion engine except through a legal nondefective muffler.
3. Any sound made by the operation of any vehicle including motorcycle, motorbike, off-road or terrain vehicles when such vehicle does not conform to the muffler standards required for operation on the public streets. (Ord. 886 §10, 2016; Ord. 832 §1, 2007).
8.17.030 Animals.
It shall be illegal to keep or harbor any animal which by frequent or habitual howling, yelping, barking, or the making of other noises, or keep or harbor any fowl which by frequent crowing or the making of other noises shall annoy or disturb or interfere with the peace, comfort and causes a noise complaint to be made by two or more households or establishments neither of which is within the same property boundary, or by one household or establishment and confirmed by a law enforcement officer. (Ord. 832 §1, 2007).
8.17.040 Exemptions.
The following shall be exempt from the provisions of this chapter: Emergency vehicles, regularly scheduled events such as sports events, parades, licensed events such as public dances, noise from alarm systems, noise created by emergency work for rescue, fire, and utility repair, noise created by motor vehicles for highway or road maintenance and plowing, and lawful discharge of fireworks.
The public works director, or his designee, shall have the authority to grant a noise variance for noise emanating from a temporary construction site when it is anticipated the work may be completed within a few days. The variance shall be granted on the condition that persons in properties that will be affected by the excess noise shall be notified in advance of the work to be done. (Ord. 832 §1, 2007).
8.17.050 Enforcement – Complaint – Penalty.
A. Only after a complaint has been received from an identified person or person who owns, rents, or leases property that is affected by a noise source may the law enforcement officer issue a civil infraction notice.
B. For enforcement and penalty purposes, each twenty-four-hour period from midnight to midnight in which a violation of this chapter occurs shall constitute a separate violation.
C. It shall be a civil infraction for any person to violate the provisions of this chapter. The penalty for the first violation shall be $50.00, increasing by $50.00 for each subsequent violation within a one-year period, up to a maximum of $250.00. (Ord. 832 §1, 2007).