Chapter 8.05
SOUND AMPLIFICATION DEVICES
Sections:
Article I. Sound Amplification
Devices
8.05.010 Prohibited – Exceptions.
8.05.020 Permitted when – License required.
8.05.030 Commonly permitted sound amplification devices.
8.05.040 Violation – Penalty.
Article II. Nuisance Noises
8.05.050 Definitions.
8.05.060 Nuisance noise disturbance.
8.05.070 Exemptions.
8.05.080 Enforcement.
8.05.090 Violation – Infraction – Exceptions.
8.05.100 Notice of infraction – Determination final unless contested – Form.
8.05.110 Response to notice of infraction –Contesting determination – Hearing – Failure to respond.
8.05.120 Hearings – Rules of procedure – Counsel.
8.05.130 Hearings – Contesting determination that infraction committed – Appeal.
8.05.140 Hearings – Explanation of mitigating circumstances.
8.05.150 Monetary penalties.
8.05.160 Violation – Misdemeanor.
8.05.170 Nonappearance after written promise – Misdemeanor.
8.05.180 Misdemeanor – Penalty.
Article I. Sound Amplification Devices
8.05.010 Prohibited – Exceptions.
It shall be unlawful for any person, firm or corporation to use, operate, or cause to be used or operated, any sound truck, loudspeaker or any other device for the purpose of amplifying or broadcasting sound into any public place outside of any building or from any building, vehicle or structure from which sound is amplified, broadcasted or otherwise disseminated into any public place outside of any building except as in this chapter provided. (Ord. 195 § 1, 1941)
8.05.020 Permitted when – License required.
No person or persons, nor any firm or corporation shall broadcast or amplify sound into any public place by means of any loudspeaker, sound truck or any other device, without first having obtained a license so to do. All such licenses shall be for a particular occasion only, and shall be issued by the mayor for the particular day of such occasion and upon the payment of a fee of $0.50 therefor; provided, however, that the mayor, in granting such license, or the council, at any time, shall have the power and authority to restrict the hours for such use to such reasonable periods as may be determined and to limit such use to lawful purposes daily, which use and hours shall be set out in said license so issued. (Ord. 195 § 2, 1941)
8.05.030 Commonly permitted sound amplification devices.
Nothing contained in this chapter shall be construed to prohibit the blowing of whistles, the ringing of bells, the sounding of chimes, or such other similar means as are customarily employed by educational, religious or industrial organizations in announcing or indicating the commencement of school, church or employment. (Ord. 195 § 3, 1941)
8.05.040 Violation – Penalty.
Any person, firm or corporation violating this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not to exceed $100.00, or by imprisonment for not to exceed 30 days, or by both such fine and imprisonment, for each violation of this article. (Ord. 195 § 4, 1941)
Article II. Nuisance Noises
8.05.050 Definitions.
For the purposes of this article the following words and phrases shall be defined as follows:
(1) "Construction" means any activity necessary or incidental to the erection, demolition, assembling, altering, installing, repairing or equipping of buildings, roadways or utilities, including land clearing, grading, excavating and filling.
(2) "Dwelling unit" means a building or portion thereof regularly used for residential occupancy
(3) "Dynamic braking device" means a device, commonly called "jake brakes," used primarily on trucks and buses to convert the motor from an internal combustion engine to an air compressor for the purpose of vehicle braking without the use of wheel brakes.
(4) "Motor vehicle" means any land vehicle that is or is designed to be self-propelled and/or that is designed or used for transporting persons or property.
(5) "Noise disturbance" means any sound that is plainly audible within any dwelling unit or sleeping unit not the source of the sound, and that:
(a) Injures or endangers the safety and health of humans; or
(b) Unreasonably tends to annoy or disturb one or more persons; or
(c) Endangers or injures personal or real property. Whether any particular sound constitutes a noise disturbance is to be determined in light of all relevant circumstances, including but not limited to the loudness of the sound as heard outside of the property or location where the sound originates, the time of day the sound is heard, and the duration of the sound.
(6) "Off-road vehicle" means any vehicle, including motor vehicles, used off public rights-of- way for recreation purposes, including racing vehicles.
(7) "Person" means an individual, corporation, partnership, association, governmental body, state or other entity whatsoever.
(8) "Property" means anything of value, whether tangible or intangible, real or personal.
(9) "Officer" means the town marshal or his designee or any law enforcement officer. (Ord. 340 § 1, 1990)
8.05.060 Nuisance noise disturbance.
It is unlawful for any person to cause or any person in possession of property to allow to originate from the property any noise disturbance that:
(1) Emanates from any device or property used for sound production or reproduction, including but not limited to radios, televisions, musical instruments, phonographs, loudspeakers; or
(2) Emanates from mechanized equipment such as, but not limited to, a dynamic braking system, motor vehicle, motorcycle, off-road vehicle, or recreation vehicle, except as provided in CMC 8.05.070; or
(3) Emanates from an instrument used in propulsion of shot, shell or bullets by the action of gunpowder exploded within it, or from fireworks, except as provided in CMC 8.05.070; or
(4) Emanates from any person, animal or activity of any person which unreasonably either annoys, interferes with, or endangers the comfort, repose, or safety of a community or neighborhood, although the extent of damage may be unequal, during the time between evening sunset of one day and morning daylight of the next day. (Ord. 340 § 2, 1990)
8.05.070 Exemptions.
The following sounds are exempt from the provisions of this chapter:
(1) Sounds that originate from aircraft in flight, and sounds that originate at airports and are directly related to flight operations; provided, that such operations are in compliance with all applicable regulations;
(2) Sounds created by fire alarms;
(3) Sounds created by emergency equipment and emergency work necessary for law enforcement or the health, safety and welfare of the community;
(4) Sounds created by the discharge of firearms: (a) in the course of recreational activities during the time of year and time of day prescribed by state law for such activity when the time of day shall begin one half-hour after sunrise and end one-half hour after sunset; (b) on authorized shooting ranges; and (c) in the course of protecting life, limb or property. However, there shall be no exemption for any discharge of firearms that is in violation of any other provisions of law;
(5) Sounds originating from forest land management activities or agriculture activities;
(6) Sounds created by equipment or motor vehicles used for road and drainage maintenance;
(7) Sounds created by off-road vehicles; provided, that all such vehicles are operated with noise-suppression equipment. For purposes of this section, noise-suppression equipment means either: (a) factory equipped and installed noise-suppression devices; or (b) the equivalent thereof. Sounds created by individual off-road vehicles, whether noise-suppression equipment is installed or not, while being used at, but not in transit to or from, officially designated off-road vehicle parks and race tracks shall be exempt from this chapter so long as the off-road vehicle park or race track, as a whole, meets the noise standards of Chapter 70.107 RCW and any regulations thereunder;
(8) Sounds created by warning devices not operated continuously for more than 30 minutes;
(9) Sounds created by the operation of equipment or facilities of surface carriers engaged in commerce by railroad;
(10) Sounds that originate from public works projects;
(11) Sounds created by construction, other than public works projects, between 7:00 a.m. and 10:00 p.m.;
(12) Sounds created by refuse removal equipment;
(13) Sounds originating from officially approved parades and other public events;
(14) Sounds originating from fireworks authorized pursuant to Chapter 70.77 RCW and not in violation of any other ordinance of the town;
(15) Sounds originating from ordinary maintenance of real or personal property during the daylight hours. Such activities include, but are not limited to, landscape maintenance, house painting, firewood cutting, gardening;
(16) Sounds originating from normal travel on roads. However, this exemption does not apply to the operation of any motor vehicle in excess of 10,000 pounds gross combined weight rating within 200 feet of any residence and with a dynamic braking device engaged, unless such device does not increase the sound level emitted by the vehicle under power;
(17) Sound originating from commercial or industrial activities, provided such activities are conducted in conformance with Chapter 70.107 RCW and any regulations thereunder. (Ord. 340 § 3, 1990)
8.05.080 Enforcement.
The authority and responsibility for enforcing this chapter are vested in the town marshal and his designees, who may take such enforcement measures as he deems appropriate. Such measures may include, but are not limited to, the issuance of verbal or written warnings, the issuances of notices of infraction, and the citation of violations as misdemeanors when allowed under this article. The designees may refer possible misdemeanor violations to the prosecuting attorney of the town. (Ord. 340 § 4, 1990)
8.05.090 Violation – Infraction – Exceptions.
Violations of this article shall be classified as infractions, except as otherwise provided. Infractions are noncriminal offenses. (Ord. 340 § 5, 1990)
8.05.100 Notice of infraction – Determination final unless contested – Form.
(1) A notice of infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter.
(2) The form for the notice of infraction shall include the following:
(a) A statement that the notice represents a determination that a nuisance noise infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;
(b) A statement that a nuisance noise infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;
(c) A statement of the specific nuisance noise infraction for which the notice was issued;
(d) A statement of the monetary penalty established for the particular infraction;
(e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
(f) A statement that at any hearing to contest the determination the town has the burden of proving, by a preponderance of the evidence, that the infraction was committed, and that the person may subpoena witnesses including the officer who issued the notice of infraction;
(g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction, the person will be deemed to have committed the infraction and may not subpoena witnesses;
(h) A statement that the person must respond to the notice as provided in this chapter within 15 days;
(i) A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this chapter;
(j) A statement that failure to respond to a notice of infraction as promised is a misdemeanor and may be punished by a fine or imprisonment in jail or both. (Ord. 340 § 6, 1990)
8.05.110 Response to notice of infraction – Contesting determination – Hearing – Failure to respond.
(1) Any person who receives a notice of infraction shall respond to such notice as provided in this section within 15 days of the date of the notice.
(2) If the person determined to have committed the infraction does not contest the determination, the person responds by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the town court. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court records.
(3) If the person determined to have committed the infraction wishes to contest the determination, the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the town court. The town shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement.
(4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail, or in person, to the town court. The court shall notify the person in writing of the time, place, and date of the hearing.
(5) If any person issued a notice of infraction:
(a) Fails to respond to the notice of infraction within 15 days as required by this section; or
(b) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section, the court shall enter an appropriate order assessing the monetary penalty prescribed for the infraction. (Ord. 340 § 7, 1990)
8.05.120 Hearings – Rules of procedure – Counsel.
(1) Infractions under this chapter shall be heard and determined by the town court.
(2) Procedures in the town court for infractions under this chapter shall conform generally to those followed for traffic infractions under Chapter 46.63 RCW. The Justice Court Traffic Infraction Rules (JTIR) shall, to the extent they are not inconsistent with this chapter, apply to cases under this chapter, subject to the following: (a) all nomenclature in the JTIR that refers specifically to traffic infractions shall be understood as referring to nuisance noise infractions, (b) references to the JTIR, to provisions of Chapter 46.63 RCW or other statutes shall be understood as references to the analogous provisions of this chapter, (c) provisions in the JTIR relating to the Department of Licensing are deleted, and (d) the following portions of the JTIR are deleted: Rules 2.1(a), 4.1, 4.2, 6.2, 6.3, 6.4, and 6.5.
(3) Any person subject to proceedings under this chapter may be represented by counsel.
(4) An attorney representing the town may, but is not required to, appear at any infraction proceedings under this article. (Ord. 340 § 8, 1990)
8.05.130 Hearings – Contesting determination that infraction committed – Appeal.
(1) A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury.
(2) The court may consider the notice of infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer’s personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the officer, and has the right to present evidence and examine witnesses present in court.
(3) The burden of proof is upon the town to establish the commission of the infraction by a preponderance of the evidence.
(4) After consideration of the evidence and argument the court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the court’s records. Where it has been established that the infraction was committed an appropriate order shall be entered in the court’s records. (Ord. 340 § 9, 1990)
8.05.140 Hearings – Explanation of mitigating circumstances.
(1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances.
(2) After the court has heard the explanation of the circumstances surrounding the commission of the infraction an appropriate order shall be entered in the court’s records.
(3) There may be no appeal from the court’s determination or order. (Ord. 340 § 10, 1990)
8.05.150 Monetary penalties.
(1) A person found to have committed an infraction shall be assessed a monetary penalty not to exceed the following amounts:
(a) First infraction, $75.00;
(b) Second infraction, $150.00;
(c) Third and subsequent infractions, $300.00.
(2) There shall be a penalty of not less than $47.00 for failure to respond to a notice of infraction.
(3) Whenever a monetary penalty is imposed by a court under this article it is immediately payable. Failure to pay the penalty shall be a misdemeanor and may be punishable by a fine or imprisonment in jail or both pursuant to this article. (Ord. 340 § 11, 1990)
8.05.160 Violation – Misdemeanor.
Notwithstanding any other provision of this article, any violation of this article may be charged as a misdemeanor instead of being processed as an infraction. In determining whether to charge a violation as a misdemeanor the town prosecuting attorney should consider the number of nuisance noise infractions committed by the defendant during the previous 12 months; the duration, loudness, and intensity of the noise; the number of persons disturbed by the noise and other relevant factors. (Ord. 340 § 12, 1990)
8.05.170 Nonappearance after written promise – Misdemeanor.
Any person wilfully violating a written and signed promise to respond to a notice of infraction pursuant to this article shall be guilty of a misdemeanor regardless of the disposition of the notice of infraction; provided, a written promise to appear in court or to respond to a notice of infraction may be complied with by an appearance by counsel. (Ord. 340 § 13, 1990)
8.05.180 Misdemeanor – Penalty.
Any person found guilty of a misdemeanor under this article shall be subject to a monetary penalty of not more than $500.00 and/or imprisonment of up to 30 days in jail. (Ord. 340 § 14, 1990)