Chapter 9.05
PUBLIC DISTURBANCE NOISE

Sections:

9.05.010    Noise.

9.05.020    Violation – Penalty.

9.05.010 Noise.

A. General Prohibition. It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise.

B. Definition. For purposes of this chapter, a “public disturbance noise” is any noise which unreasonably disturbs or interferes with the peace and comfort of owners or possessors of real property.

C. Illustrative Enumeration. The following sounds may, depending upon location, be public disturbance noises in violation of this chapter:

1. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;

2. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district;

3. Yelling, shouting, whistling or singing on or near the public streets, particularly between the hours of 10:00 p.m. and 8:00 a.m.;

4. The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment or condominium, such as sounds from musical instruments, audio sound systems, band sessions or social gatherings;

5. Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself;

6. Sound from portable audio equipment, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source, and if not operated upon the property of the operator;

7. The squealing, screeching or other such sounds from motor vehicle tires in contact with the ground or other roadway surface because of rapid acceleration, braking or excessive speed around corners or because of such other reason; provided, that sounds which result from actions which are necessary to avoid danger shall be exempt from this section;

8. Sounds originating from construction sites, including but not limited to sounds from construction equipment, power tools and hammering between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 9:00 a.m. on weekends;

9. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances, including but not limited to sounds from lawnmowers, power hand tools, snow removal equipment and composters between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 9:00 a.m. on weekends.

D. Exclusion. This chapter shall not apply to the following:

1. Regularly scheduled events at parks, such as public address systems for baseball games or park concerts between the hours of 9:00 a.m. and 10:30 p.m.;

2. Construction or maintenance activities in the city’s right-of-way that have been conditioned by the city manager or designee to minimize the impact on adjacent property owners;

3. Construction noise under subsection (C)(8) of this section or other noise generated in response to emergency situations; that is times when unexpected and uncontrollable events result in an imminent risk of physical harm or property damage. [Ord. 250 § 1, 2000; Ord. 121 § 1, 1997]

9.05.020 Violation – Penalty.

Any person who violates the provisions of this chapter shall be subject to a civil fine not to exceed $250.00 for the first offense. For second and subsequent offenses, the person shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.010(2). [Ord. 121 § 2, 1997]