Chapter 9.73
PUBLIC DISTURBANCE BY NOISE

Sections:

9.73.010    Definition.

9.73.020    Violations.

9.73.030    Exceptions.

9.73.040    Penalty.

9.73.010 Definition.

It is unlawful for any person to allow sound to emanate from real or personal property that is a public disturbance noise. (Ord. 1055 § 1, 1991)

9.73.020 Violations.

The following shall be considered public disturbance noises:

(1) The use of a musical instrument, whistle, sound amplifier or other device producing or reproducing loud or raucous sounds emanating frequently, repetitively, or continuously from any building, structure or property so as to unreasonably disturb or interfere with the peace, comfort or repose of owners or possessors of neighboring or nearby real property;

(2) The making of any loud or raucous sound within 1,000 feet of any school, hospital, sanitarium, nursing or convalescent facility, which unreasonably interferes with the use of such facility, or with the peace, comfort or repose of persons therein;

(3) The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-road vehicle, or internal combustion engine so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of neighboring or nearby real property; provided, however, that this subsection shall not apply to the operation of lawn mowers, garden tools, chain saws or other power equipment used for building repair or grounds maintenance between the hours of 7:00 a.m. and 10:00 p.m.;

(4) Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property;

(5) Sounds from motor vehicle sound systems, such as tape players, radios, and compact disk players, operated at a volume so as to be audible greater than 20 feet from the vehicle itself. (Ord. 1055 § 1, 1991)

9.73.030 Exceptions.

The foregoing provisions shall not apply to the following exempt sounds:

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

(2) Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release intent of the device;

(3) Sounds created by fire alarms;

(4) 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;

(5) Sounds created by auxiliary equipment on motor vehicles used for highway maintenance;

(6) Sounds created by warning devices not operated continuously for more than 30 minutes per incident;

(7) Sounds created by the operation of the equipment or facilities of surface carriers engaged in commerce by operating on the railroad;

(8) Sounds created by construction or refuse removal equipment as approved by the city;

(9) Sounds originating from officially sanctioned parades and other public events, and sounds originating from officially sanctioned school events;

(10) Sounds created by motor vehicles while being driven upon the public highways. Such motor vehicles are, nevertheless, subject to the provisions of Chapter 173-62 WAC;

(11) Sounds created by lawfully established commercial and industrial uses; and

(12) Sounds created by regularly scheduled events at parks, such as public address systems for sporting events, or park concerts, street dances or community festivals which are approved by the city council. (Ord. 1055 § 1, 1991)

9.73.040 Penalty.

Any person violating the provisions of this chapter shall be guilty of a misdemeanor. (Ord. 1055 § 1, 1991)