Chapter 8.15
NOISE CONTROL
Sections:
8.15.020 Machines, vehicles, equipment prohibited.
8.15.030 Construction, power equipment nuisance when.
8.15.040 Assembly, music nuisance when.
8.15.050 Motorcycles nuisance when.
8.15.010 Public nuisance.
Those public nuisances defined and prohibited herein are in addition to those public nuisances defined in and prohibited by other current Wilkeson ordinances. [Ord. 312 § 1, 1986].
8.15.020 Machines, vehicles, equipment prohibited.
No person, firm, or corporation, being the owner, possessor, occupant or person in possession or control of any machine, vehicle or equipment within the Town, shall keep, use, maintain, suffer, or allow to exist on said premises or on any public rights-of-way adjacent to such premises, or suffer or allow the use of any machine, vehicle or equipment within the Town any public nuisance as defined in this chapter. No person, firm or corporation shall commit any act defined in this chapter as a public nuisance. [Ord. 312 § 2, 1986].
8.15.030 Construction, power equipment nuisance when.
Between the hours of 10:00 p.m. and 7:00 a.m. within all zones designated by WMC Title 17 as a public residential zone and bearing the prefix “R,” it shall be a public nuisance for any person, firm, or corporation to:
A. Engage in any building activity, structure repair, construction, reconstruction, remodeling, or demolition activity, the noise of which shall annoy or disturb any person or persons residing in the vicinity;
B. Operate any power lawn mower or power snow remover or blower, or any chain saw. [Ord. 312 § 3, 1986].
8.15.040 Assembly, music nuisance when.
Between the hours of 10:00 p.m. and 7:00 a.m. in the Town it shall be a public nuisance for any person, firm, or corporation to commit or suffer to be committed the following acts:
A. On privately owned premises and in residential areas of the Town to sponsor, suffer, or allow any meeting, party, or gathering of persons, the noise of which shall annoy or disturb any person or persons residing in the vicinity;
B. In any place within the Town to play any musical instrument, radio, television set, or any sound reproducing device, the noise of which shall annoy or disturb any person or persons residing in the vicinity;
C. To engage in any sport or contest, the noise of which shall annoy or disturb any person or persons residing in the vicinity. [Ord. 312 § 4, 1986].
8.15.050 Motorcycles nuisance when.
The operation of any motorcycle, motorbike, or terrain vehicle in the Town on any property not a part of the street system of the Town when such motorcycle, motorbike, or terrain vehicle does not conform to the muffler standards required for operation on the public streets shall be a public nuisance. [Ord. 312 § 5, 1986].
8.15.060 Exemptions.
A. WMC 8.15.030 shall not apply to the United States, the State of Washington, Pierce County, the Town of Wilkeson, or any of their respective officers, employees, or contractors when engaged in snow removal, street cleaning, emergency repair to any street, building or structure, fire suppression, or any other emergency for the preservation of life or property.
B. WMC 8.15.040 shall not apply to any activity sponsored or sanctioned by the Town of Wilkeson or to any activity sponsored by the Wilkeson Elementary School. [Ord. 312 § 6, 1986].
8.15.070 Variance.
The Town Council or a committee thereof designated by the Town Council may, upon written application filed with the Town Clerk/Treasurer, grant a variance from any of the provisions of this chapter and authorize the issuance of a special permit for any activity when it finds that such variance is in the public interest or when it finds the activity will have a substantial public participation.
A. A variance shall be granted only after public hearing by the Town Council, or by such designated committee thereof.
B. Upon the filing of an application for variance from the terms of this chapter, the Town Clerk/Treasurer shall give notice of the application and notice of the time, date, and place of hearing of the application.
Such notice shall be posted at least five (5) days before the hearing in three (3) public places.
C. Any person may appear at such public hearing and be heard, either for or against the application.
D. Any variance granted and any special permit issued thereunder shall state the nature of the activity and the dates, times, and places for which the variance is granted, and shall state any special provisions or limitations applicable to exercise of the variance.
E. Upon the granting of a variance, the Chief of Police shall issue a special permit to the applicant to conduct the activity for which a variance has been granted.
F. Any activity conducted under a variance and special permit shall conform strictly to the terms and provisions of the variance and special permit. [Amended during 2014 codification; Ord. 312 § 7, 1986].
8.15.080 Penalty.
Any person, firm, or corporation who violates the provisions of this chapter shall be guilty of a misdemeanor. [Ord. 312 § 8, 1986].