Chapter 6.04
OFFENSES AGAINST THE PUBLIC PEACE AND QUIET – MISDEMEANORS

Sections:

6.04.090    Public disturbance – Penalty.

6.04.090 Public disturbance – Penalty.

A. 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. The following sounds are public disturbance noises:

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, refrigerated units of trailers, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property.

3. Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of 10:00 p.m. and 7:00 a.m. or at any time and place so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property.

4. The creation of frequent, repetitive or continuous sounds which from any building, structure, apartment, or condominium, which unreasonably disturbs or interferes with the peace and comfort of owners or possessors of real property, 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, radio, 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.

C. Noises Exempt – At All Times. The following noises are exempt from the provisions of this section at all times; provided, that nothing in these is intended to preclude the city from requiring installation of the available noise abatement technology consistent with economic feasibility.

1. Noise originating from aircraft in flight;

2. Noise created by safety and protective devices, such as relief values where noise suppression would defeat the safety release intent of the device;

3. Noise created by fire alarms;

4. Noise created by emergency equipment, including, but not limited to, emergency standby or backup equipment, and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community; and including, but not limited to, any emergency work necessary to replace or repair essential utility services;

5. Noise created by auxiliary equipment on motor vehicles used for highway maintenance;

6. Noise originating from officially sanctioned parades, sporting events, other public events;

7. Noise created by warning devices not operated continuously for more than 30 minutes per incident;

8. Noise originating from existing natural gas transmission facilities, subject to any requirements that may be established by appropriate state or federal agencies;

9. Noise created by existing stationary equipment used in the conveyance of water by a utility and noise created by existing electrical substations;

10. Noise created by the operation of equipment or facilities by a railroad in interstate commerce;

11. Noise emanating from temporary construction sites except between the hours of 10:00 p.m. and 7:00 a.m., on weekdays, and except between the hours of 6:00 p.m. and 8:00 a.m. on Saturdays, Sundays, and state recognized holidays.

D. Noises Exempt – Daytime Hours. The following noises shall be exempt from the provisions of this chapter between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 7:00 a.m. and 10:00 p.m. weekends:

1. Noise created by powered equipment used in temporary or periodic maintenance or repair of residential property, including but not limited to grounds and appurtenances, such as lawnmowers, powered hand tools, and composters;

2. Noise created by the installation or repair of essential utility services;

3. Noise created by blasting;

4. Noise created by bells, chimes or carillons not operating for more than 30 minutes.

E. Anyone found guilty of violating the provisions of this section shall be deemed to have committed a misdemeanor. (Ord. 913 §§ 1, 2, 1995).