IV. Offenses Against the Public Peace

Chapter 9.36
PUBLIC DISTURBANCE NOISES

Sections:

9.36.010    Definition.

9.36.020    Public disturbance noises prohibited.

9.36.010 Definition.

A public disturbance noise is any sound which unreasonably either annoys, injures, interferes with or endangers the peace, comfort, tranquility, sleep or repose, health or safety of a community or neighborhood, although the extent of the damage or interference may be unequal. (Ord. 572 § 1, 1986).

9.36.020 Public disturbance noises prohibited.

A. With respect to public disturbance noises other than those emanating from construction activities as defined in subsection B of this section, it is unlawful between the hours of 10:00 p.m. and 7:00 a.m from Sunday evening through Friday morning, between 10:00 p.m. and 8:00 a.m. from Friday evening through Saturday morning, and between 10:00 p.m. and 9:00 a.m. from Saturday evening through Sunday morning:

1. For any person to cause by any means a public disturbance noise, whether emanating from public or private property;

2. For any person in possession and control of premises to cause the emission or permit the emission of any public disturbance noise from those premises; or

3. For any person operating or controlling any vehicle or mechanized equipment, other than vehicles or mechanized equipment subject to subsection B of this section, whether under contract to the city or other business or public or private entity, to cause a public disturbance noise perceived within any residence in the city.

B. Noises emanating from construction activities outside of the allowable hours as set forth in this subsection are hereby declared to constitute unlawful public disturbance noises, and shall be subject to the following provisions:

1. For purposes of this section, “construction activities” shall mean clearing, grading, excavating, and filling; road and utility construction and all activities of a similar nature; and the construction of buildings and structures; provided, it shall not include the repair of single-family homes by the owner or occupant thereof, which shall be governed by the provisions of subsection A of this section. This shall include but not be limited to noises emanating from vehicles and mechanized equipment used in conjunction with construction activities, regardless of whether actively engaged in construction activities, including noises emanating from the transport, idling or warming up of such vehicles and mechanized equipment.

2. The allowable hours for construction activities shall be between 7:00 a.m. and 8:00 p.m. Monday through Friday, between 8:00 a.m. and 8:00 p.m. on Saturday, and between 9:00 a.m. and 8:00 p.m. on Sunday.

C. With respect to any business premises, the person in charge or control of such business shall be responsible for any public disturbance noise emanating therefrom.

D. Violation of this section shall be a civil infraction, subject to a penalty of not less than $150.00 nor more than $250.00 per occurrence per day. (Ord. 930 § 1, 2003; Ord. 858 § 1, 2000; Ord. 825 § 1, 1998; Ord. 572 § 1, 1986).