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(1) Public Nuisance Noises. It is unlawful for any person to cause
or allow to be emitted a noise
which has been determined to be a public nuisance
noise as defined herein.
(2) Public Disturbance
Noise. It is unlawful
for any person to cause or any person in possession of property to
allow to originate from the property, sound that is a public
disturbance. No sound source specifically exempted from this chapter
shall be a public nuisance
noise or public disturbance
noise in so far as the particular source is
exempted. The following source of sound shall be public disturbance
noises:
(a) Frequent, repetitive, or continuous
noise made by any animal which unreasonably
disturbs or interferes with the peace, comfort, and repose of
property owners or possessors, except that such sounds made by
animal shelters, or commercial kennels, veterinary hospitals, pet
shops, or pet kennels licensed under and in compliance with
applicable regulations shall be exempt from this subsection.
Notwithstanding any other provision of this chapter, if the owner or
other person having custody of the animal cannot, with reasonable
inquiry, be located by the investigating officer, or if the animal
is a repeat violator of this subsection, the animal shall be
impounded by the animal control officer or his designee, subject to
redemption in the manner provided by Chapter
8.04 PMC;
(b) The frequent, repetitive or continuous sounding of any horn or
siren attached to a motor vehicle except as a warning of danger or
specifically permitted or required by law;
(c) The creation of frequent, repetitive, or continuous
noise in connection
with the starting, operation, repair, rebuilding, or testing of any
motor vehicle, motorcycle, off-highway vehicle, or internal
combustion engine in any residential zone so as to unreasonably
disturb or interfere with the peace, comfort, and repose of owners
or possessors of real property;
(d) The use of a sound amplifier or other device capable of
producing or reproducing amplified sounds from the property of a
business operation which is intended to either attract the attention
of the potential customers to the business or to communicate with
employees who are at extended portions of the business property.
Prior to January 1, 2010, any such sound amplifier, loudspeaker or
pager shall not violate the levels set forth in WAC
173-60-040, except the provisions of WAC
173-60-040(2)(c)
shall not apply to sounds created by sound amplifiers or other
device capable of producing or reproducing amplified sounds
originating from Class A EDNA, Class B EDNA or Class C EDNA, when
such sounds are received by residential zones. As of January 1,
2010, no such sound amplifier, loudspeaker or pager shall be audible
to the human ear beyond any perimeter of the subject business
property;
(e) The making of any loud and raucous
noise which unreasonably interferes with
the use of any school, church, hospital, sanitarium or nursing or
convalescent facility;
(f) The
creation by use of a musical instrument, whistle, sound amplifier,
stereo, jukebox, radio, television, or other device capable of
reproducing sound and raucous noises which emanate frequently,
repetitively, or continuously from any building, structure, or
property, such as sounds originating from a band session, tavern
operation or commercial sales lot;
(g) Public disturbance noise
from portable or motor vehicle audio equipment:
(i) While in park areas, residential or commercial zones, or any
area where residences, schools, human service facilities or
commercial establishments are in obvious proximity to the source of
the sound, it is unlawful for any person to negligently cause, make
or allow to be made from audio equipment under such person’s control
or ownership the following:
(A) Sound from a motor vehicle audio system, such as a radio, tape
player or compact disc player, which is operated at such a volume
that it could be clearly heard by a person of normal hearing at a
distance of 50 feet or more from the vehicle itself; or
(B) Sound from portable audio equipment, such as a radio, tape
player or compact disc player, which is operated at such a volume
that it could be clearly heard by a person of normal hearing at a
distance of 50 feet or more from the source of the sound.
(ii) This section shall not apply to persons operating portable
audio equipment within a public park pursuant to an event under a
permit issued by the city. (Ord. 2784 § 1, 2004; Ord. 2365 §
2, 1993; Ord. 2242 § 1,
1990). |