Chapter 9.98
NOISE

Sections:

9.98.010    Control of public disturbance noise.

9.98.020    Definitions.

9.98.030    Public disturbance noises prohibited.

9.98.040    Sounds exempt at all times.

9.98.045    Sounds exempt during daytime hours.

9.98.050    Penalties.

9.98.010 Control of public disturbance noise.

This chapter is for the purpose of controlling public disturbance noise, and securing and promoting the peace and quiet of the city and its inhabitants, and thereby promoting the public health, comfort, convenience, safety, welfare and prosperity. (Ord. 2012-10 § 2, 2012).

9.98.020 Definitions.

Words and phrases used in this chapter shall have their ordinary meanings.

A. “Noise” means the intensity, duration and character of sounds, from any and all sources, which may be heard by a person of normal hearing.

B. “Person” means any individual, partnership, association, firm, company, corporation, or any other entity recognized by law as the subject of rights and duties.

C. “Property boundary” means the commonly recognized line at ground surface which separates the real property owned or possessed by one or more persons from that which is owned or possessed by one or more other persons, and its vertical extension. For the purposes of this chapter, a commonly recognized line dividing two parcels of real property may be designated by a fence, driveway, survey marker, sidewalk, or other device commonly used within the city to denote a boundary line separating two properties.

D. “Public disturbance noise” means a noise which unreasonably disturbs or interferes with the peace, comfort and repose of a person. (Ord. 2012-10 § 2, 2012).

9.98.030 Public disturbance noises prohibited.

It is unlawful and a misdemeanor for any person to make, continue, or cause to be made or continued, or for any person in possession or control of property to permit or allow to originate from that property any public disturbance noise, or to refuse or intentionally fail to cease the public disturbance noise when ordered to do so by a police officer. Public disturbance noises and violations of this chapter shall include all noises which unreasonably disturb or interfere with the peace, comfort and repose of another, and shall include but are not limited to the following (exemptions are as noted specifically herein or as otherwise stated in TMC 9.98.040 or TMC 9.98.045):

A. The operation of a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such noise from the tires in contact with the road surface because of rapid acceleration or excessive speed around corners or other such reason, except that such noise emanating from emergency braking to avoid imminent danger shall be exempt from this provision.

B. The operation of a motor vehicle equipped with a dynamic braking device on the exhaust brakes, or “jake brakes,” in such a manner as to create any loud, disturbing or unnecessary noise.

C. The operation of a motor vehicle while permitting any audio system in or on that vehicle to make any sound audible outside the passenger compartment for more than 50 feet.

D. The use, operation, or permitting to be used, operated or played of any audio equipment, including but not limited to radios, tape players, compact disc players, stereos, boom boxes, televisions, or other machines or devices for the producing or reproducing of sound in such a fashion as to be plainly audible beyond the boundary of the property upon which the source of the sound originates, or audible upon the property of another. The audibility of any such device at a distance of 50 feet from the property boundary of the place where such sound originates, or from the vehicle in which it originates, shall be sufficient proof of a violation of this section, barring sufficient evidence to the contrary.

E. The generation of sounds created by musical instruments, bands, orchestras, or other devices or instruments or amplifying systems, which are audible beyond the boundary of the property upon which the source of the sound originates, or audible upon the property of another. The generation of such sounds in such a manner as to be plainly audible at a distance of 50 feet from the property boundary shall be sufficient proof of a violation of this section, barring sufficient evidence to the contrary.

F. Yelling, shouting, hooting, whistling, or singing.

G. Frequent, repetitive or continuous dog barking.

H. The operation of any gas engine to power a model airplane.

I. The use, operation or permitting the use or operation of any mechanically powered lawn or garden tools such as lawn mowers, blowers, trimmers, edgers or similar devices; carpentry and wood working tools such as power saws, sanders, grinders, or similar devices; and hammering outdoors in residential areas between the hours of 9:00 p.m. and 7:00 a.m.

The foregoing enumeration of specific acts and noises shall not be construed as excluding other acts and noises which are public disturbance noises prohibited by this section. (Ord. 2012-10 § 2, 2012).

9.98.040 Sounds exempt at all times.

The following sounds are exempt from the provisions of this chapter at all times:

A. Sounds created by fire alarms and emergency equipment operated by law enforcement, fire fighters and emergency medical aid personnel.

B. Sounds originating from school sponsored athletic events.

C. Sounds created by the installation or repair of essential utility services, and with prior authorization of the city council for specific projects, sounds created by the installation or repair of city streets, alleys and/or sidewalks.

D. Sounds made by the city street-sweeper or the city solid-waste truck. (Ord. 2019-04 § 1, 2019; Ord. 2012-10 § 2, 2012).

9.98.045 Sounds exempt during daytime hours.

A. The following sounds are exempt from the provisions of this chapter between the hours from 7:00 a.m. to 9:00 p.m.:

1. Sounds originating from residential property relating to homeowner-sponsored temporary projects for the maintenance and repair of existing homes and grounds, including but not limited to mechanically powered lawn or garden tools such as lawn mowers, blowers, trimmers, edgers or similar devices; carpentry and wood working tools such as power saws, drills, or similar devices; and hammering and gardening. This exemption applies to the construction of such incidental appurtenances for existing homes as fences, decks, patios, carports, and walkways.

2. Sounds created by public street projects.

3. Sounds originating from parades approved per TMC 10.36.010.

4. Sounds of the music broadcasted by the Toppenish Chamber of Commerce in the downtown area of the city of Toppenish.

B. The following sounds are exempt from the provisions of this chapter between the hours from 7:00 a.m. to 10:00 p.m.:

1. Sounds of rodeos at the Toppenish Rodeo Grounds.

2. Sounds of public concerts and public dances. For purposes of this exemption, public concerts and public dances are those concerts and dances which may be attended by any person without a personal invitation, with or without charge.

C. Sounds originating from temporary construction sites as a result of construction activity are exempt from the provisions of this chapter, but only during the hours of 7:00 a.m. to 6:00 p.m. on weekdays and 10:00 a.m. to 6:00 p.m. on Saturdays. Such sounds are not exempt on Sundays and federal holidays. (Ord. 2012-10 § 2, 2012).

9.98.050 Penalties.

Failure to perform any act required by this chapter, or the performance of any act prohibited by this chapter, is designated as an infraction and not a criminal offense, and shall be punishable by a fine of not more than $500.00; provided, however, that if the court shall find that any person has committed two prior infractions of this chapter, and has committed a third or subsequent violation, said person shall be guilty of a criminal misdemeanor and may be punished by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. (Ord. 2014-09 § 2, 2014).