Chapter 8.28
NOISE

Sections:

8.28.010    Annoying and discomforting noise generally.

8.28.020    Noise from commercial operations.

8.28.030    Weed and debris blowers.

8.28.031    Weed and debris blower operations.

8.28.040    Violation – Penalty.

8.28.010 Annoying and discomforting noise generally.

No person, firm or corporation within the city shall make or cause the making of, or suffer or permit to be made upon any premises owned, occupied or controlled by such person, firm or corporation, any loud, unusual, penetrating, boisterous noise, disturbance or commotion that shall cause discomfort or annoyance to a reasonable person of normal sensitiveness. (Ord. 203 § 1, 1961)

8.28.020 Noise from commercial operations.

No person shall, within the city, operate or cause the operation of, or suffer or permit the operation upon any premises owned, occupied or controlled by such person, any tool, machine or other thing designated or used for the manufacture of goods, wares, buildings or structures, or for any commercial purpose, the noise from which can be heard at any point on any other premises during prohibited hours. "Prohibited hours," as used in this section, are:

A.    At all times on Sunday;

B.    At any time on January 1st;

C.    The last Monday in May;

D.    July 4th;

E.    The first Monday in September;

F.    December 25th;

G.    Thanksgiving Day;

H.    After the hour of seven p.m. on any day;

I.    After the hour of five-thirty p.m. on any Friday or Saturday;

J.    Before the hour of seven a.m. on any day; and

K.    Before the hour of nine a.m. on Saturday;

provided, however, that any person may operate a power lawn mower during the hours of six a.m. to seven a.m. on any day and during the hours of six a.m. to ten a.m. on Sunday, provided the operation occurs at least two hundred fifty feet from residentially zoned property. (Ord. 438 § 1, 1986: Ord. 310 § 1, 1975: Ord. 287 § 1, 1973: Ord. 258 § 1, 1969: Ord. 203 § 2, 1961)

8.28.030 Weed and debris blowers.*

The use of electrical or gasoline-powered blowers, such as commonly used by gardeners and other persons for cleaning yards, driveways, gutters and curbs, is prohibited at any time within the city limits. (Ord. 442 § 1, 1987)

*Editor’s Note: Ord. 528, which added § 8.28.031 to the code, suspended § 8.28.030 "for the duration of the current water emergency" and until the council repeals Ord. 528.

8.28.031 Weed and debris blower operations.

A.    General Prohibition. No person shall operate a weed and debris blower that produces more than seventy decibels (dBA), as measured at fifty feet, within the city.

B.    Certification. Each weed and debris blower shall be tested and certified for use annually by the city manager or the designee of the city manager. Each individual weed and debris blower shall bear the label of required approval in a visible location on the equipment prior to use and at all times during use. A fee for the city to recover all costs connected with equipment approvals shall be charged in an amount set by the council by resolution.

C.    Definition. For the purpose of this section, the term "weed and debris blower" means any portable power equipment powered by fuel or electricity and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, dispersing, or redistributing dust, dirt, leaves, grass clippings, cuttings and trimmings from trees, shrubs, or other debris.

D.    Debris Restriction. No person shall operate any weed or debris blower within a city in such a way as to cause dirt, dust, debris, leaves, grass clippings, cuttings or trimmings from trees or shrubs to be blown or deposited on any adjacent or other parcel of land, lot or public right-of-way, parklands, or property other than the parcel or lot upon which the weed and debris blower is being operated. Deposits of dirt, dust, leaves, grass clippings, debris, cuttings or trimmings from trees and shrubs shall be removed and disposed of in a sanitary manner which will prevent dispersement by wind, vandalism or similar means within one hour of deposit by the user or property occupant.

E.    Prohibited Hours. No person shall operate a weed and debris blower during the following prohibited days, times, or hours:

1.    Each and every Sunday;

2.    January 1st;

3.    Last Monday in May;

4.    July 4th;

5.    First Monday in September;

6.    Thanksgiving Day;

7.    Christmas Day;

8.    After the hour of five p.m. on Mondays through Saturdays;

9.    Before eight a.m. on Mondays through Fridays; and

10.    Before nine a.m. on Saturday.

F.    Prohibition on Location. No person shall operate a weed and debris blower within a horizontal distance of ten feet of any operable window, door or mechanical air intake opening or duct. (Ord. 528 § 2, 1991)

8.28.040 Violation – Penalty.

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction, and upon conviction thereof, shall be punishable as described in Section 1.16.010 (C). (Ord. 495 § 6, 1989: Ord. 203 § 3, 1961)