Chapter 9.50
PUBLIC NUISANCE AND DISTURBANCE NOISES

Sections:

9.50.010    Public nuisance and disturbance noises – Defined.

9.50.020    Public nuisance and disturbance noise violations.

9.50.030    Noises exempt – At all times.

9.50.040    Noises exempt – Daytime hours.

9.50.045    Variances and implementation schedules.

9.50.050    Enforcement – Complaints.

9.50.060    Enforcement – Criminal penalty.

9.50.070    Enforcement – Civil infraction.

9.50.080    Provisions not exclusive.

9.50.090    Severability.

9.50.100    Third-party liability.

9.50.010 Public nuisance and disturbance noises – Defined.

The following sources of sound are hereby defined to be public nuisances, except to the extent that they may be specifically exempted by other provisions of this chapter:

(1) Frequent, repetitive or continuous noise made by any animal which unreasonably disturbs or interferes with peace, comfort and repose of property owners or possessors, except that such sounds shall be exempt when originating from lawfully operated animal shelters, kennels, pet shops, and veterinary clinics;

(2) 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;

(3) 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 within Class A EDNA, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property;

(4) Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time and place so as to unreasonably disturb or interfere with peace, comfort and repose of owners or possessors of real property;

(5) The use of a sound amplifier or other device capable of producing or reproducing amplified sound on public streets for the purpose of commercial advertising or sales or for attracting the attention of the public to any vehicle, structure or property of the contents therein;

(6) The making of any loud and raucous noise which unreasonably interferes with the use of any school, church, hospital, sanitarium, nursing or convalescent facility;

(7) The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium which unreasonably interferes with the peace, comfort and repose of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions, or social gatherings;

(8) Sound from audio equipment, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 75 feet from the source, and if not operated upon the property of the operator;

(9) The use of unmuffled engine compression brakes. (Ord. 909 § 1, 1994).

9.50.020 Public nuisance and disturbance noise violations.

It is unlawful for any person to cause or allow to originate, or for any person in possession of property to allow to originate from said property, sound that is a public nuisance. (Ord. 909 § 1, 1994).

9.50.030 Noises exempt – At all times.

(1) The following noises are exempt from the provisions of this chapter at all times; provided, that nothing in these exemptions is intended to preclude the city from requiring installation of the best available noise abatement technology consistent with economic feasibility.

(a) Noise originating from aircraft in flight;

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

(c) Noise created by fire alarms;

(d) 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;

(e) Noise created by auxiliary equipment on motor vehicles used for highway maintenance;

(f) Noise originating from officially sanctioned parades, sporting events, and other public events;

(g) Noise created by warning devices not operated continuously for more than 30 minutes per incident;

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

(i) Noise created by existing stationary equipment used in the conveyance of water by a utility and noise created by existing electrical substations;

(j) Noise created by the operation of equipment or facilities by a railroad in interstate commerce;

(k) 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;

(l) Noise emanating from marine-oriented construction sites except between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and weekends;

(m) Noise created by aircraft-engine testing and maintenance not related to flight operations, except between the hours of 10:00 p.m. and 7:00 a.m.;

(n) Noise created by existing stationary equipment used in the conveyance of water by a utility and noise created by existing electrical substations. (Ord. 909 § 1, 1994).

9.50.040 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 9:00 a.m. and 10:00 p.m. on 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 discharge of firearms on city police department authorized shooting ranges;

(3) Noise created by the installation or repair of essential utility services;

(4) Noise created by blasting;

(5) Noise created by bells, chimes or carillons not operating for more than five minutes in any one hour;

(6) Noise originating from forest harvesting. (Ord. 909 § 1, 1994).

9.50.045 Variances and implementation schedules.

(1) Variances may be granted to any person from any particular requirement of this chapter, if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source, or because of nonavailability of feasible technology or control methods. Any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances.

(2) An implementation schedule for achieving compliance with this chapter shall be incorporated into any variance issued.

(3) Variances shall be issued only upon application in writing and after providing such information as may be requested. No variance shall be issued for a period of more than 30 days except upon due notice to the public with opportunity to comment. Public hearings may be held, when substantial public interest is shown, at the discretion of the city.

(4) Sources of noise, subject to this chapter, upon which construction begins after the effective date hereof shall immediately comply with the requirements of this chapter, except in extraordinary circumstances where overriding considerations of public interest dictate the issuance of a variance. (Ord. 1248 § 1, 2009).

9.50.050 Enforcement – Complaints.

(1) Complaint Only Basis. Only after a complaint for violation of SMC 9.50.020 has been received, and said complaint has been investigated, a city official may initiate proceedings as provided in SMC 13.01.030; provided, that the section of this chapter relating to motor vehicles shall subject the violator to enforcement proceedings regardless of whether a complaint has been received; provided, further, that with the exception of motor vehicle noise, noises created by industrial areas are to be enforced by the state of Washington; provided, further, that a city official may issue a notice of civil infraction or criminal citation to the owner or operator of the source, or the person in possession of the property where the sound originated. (Ord. 1112 § 2, 2001; Ord. 909 § 1, 1994).

9.50.060 Enforcement – Criminal penalty.

(1) Criminal Punishment for Violations and Crimes. Every offense defined by this chapter or conduct made unlawful hereby shall also constitute an offense under the criminal code, and any person convicted of such an offense shall be punished by a fine not to exceed $500.00 or by imprisonment in the jail not to exceed six months, or both imprisonment and fine.

(2) Evidence in Criminal Proceedings. In any criminal prosecution under this chapter, evidence of sound level through the use of a sound level meter reading shall not be necessary to establish the commission of the offense. (Ord. 909 § 1, 1994).

9.50.070 Enforcement – Civil infraction.

A city official may issue a civil infraction in lieu of a criminal citation or arrest. Said violation shall constitute a Class B infraction in accordance with SMC 13.01.045(1) and subject the violator to enforcement as set forth therein. (Ord. 1112 § 2, 2001; Ord. 909 § 1, 1994).

9.50.080 Provisions not exclusive.

The provisions of this chapter shall be cumulative and nonexclusive, and shall not affect any other claim, cause of action or remedy, nor, unless specifically provided, shall this chapter by deemed to repeal, amend or modify any law, ordinance or regulation relating to noise, but shall be deemed additional to existing legislation and common law on noise. (Ord. 909 § 1, 1994).

9.50.090 Severability.

Should any section, subsection, paragraph, sentence, clause or phrase of this chapter or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The city council of the city of Stanwood hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or a portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. (Ord. 909 § 1, 1994).

9.50.100 Third-party liability.

It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

It is the specific intent of this chapter that no provisions nor any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation and enforcement of this chapter shall be discretionary and not mandatory.

Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 909 § 1, 1994).