Chapter 8.08
NOISE CONTROL
Sections:
8.08.010 Creating unnecessary noise.
8.08.020 Creating noise detrimental to health prohibited.
8.08.030 Unnecessary noises described.
8.08.040 Repetition of unnecessary noises.
8.08.050 Exceptions from prohibitions.
8.08.060 Use of loudspeakers.
8.08.070 Violation – Penalty.
8.08.010 Creating unnecessary noise.
Subject to the provisions of this chapter, the creating of any unreasonably loud, disturbing and unnecessary noise within the city limits is prohibited.
(Ord. 616, Added, 04/18/1972)
8.08.020 Creating noise detrimental to health prohibited.
The creation of noise of such character, intensity or duration as to be detrimental to the life or health of any individual or in disturbance of the public peace and welfare is prohibited.
(Ord. 616, Added, 04/18/1972)
8.08.030 Unnecessary noises described.
The following intentional acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter:
A. The sounding of any horn or signaling device on any automobile, motorcycle, transit vehicle or other vehicle on any public street or public place of the city, except as a necessary warning of danger to person or property; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time;
B. The use of any automobile, motorcycle, transit vehicle, or other vehicle, or engine, either stationary or moving, or any instrument, device or thing so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, squealing, grinding, rattling or other noise;
C. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between 11:00 p.m. and 7:00 a.m. or at any time and place so as to disturb the quiet, comfort and repose of any person in any hospital, rest home, sanitarium, dwelling, hotel, motel or other type of residence;
D. The keeping in any building or upon any premises, of any bird, animal or fowl which by frequent or long continued noise shall disturb the comfort and repose of any person in the vicinity;
E. The sounding of any whistle, siren or bell, receiving its power from whatever source, except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper city authorities;
F. To discharge into the open air the exhaust of any steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will effectively reduce loud or explosive noises therefrom;
G. Any construction activity, including excavation and land clearing work, or erection, demolition, alteration, repair, or relocation of any building or structure, which uses powered equipment such as backhoes, trucks, tractors, earth moving equipment, compressors, motorized or power hand tools, or equipment of a similar nature at any location which produces noise clearly audible from another location in a residential district or at a dwelling in any district, other than between 7:00 a.m. and 8:00 p.m. on weekdays, or between 9:00 a.m. and 8:00 p.m. on Saturdays, or between 9:00 a.m. and 8:00 p.m. for minor repair or remodeling work done by residents at their dwelling on Sundays. The community development department may, in writing, grant exceptions to these provisions when the work is of urgent necessity in the interest of public safety and convenience;
H. The creation of any unreasonable or excessive noise near any school, institute of learning, church or court, while the same are in session, or near any hospital, or other institution reserved for the sick, feeble or aged, provided signs are displayed in such vicinities indicating such institution is nearby;
I. The creation of loud and excessive noises in connection with loading or unloading any vehicle, or the opening or destruction of bales, boxes and containers;
J. The use of any drum, loudspeaker, or other instrument or device for the purpose of attracting attention by creation of noise, to any performance, show, sale or display of merchandise;
K. The use of mechanical loudspeakers or amplifiers on moving or standing vehicles for advertising purposes;
L. The use, operation, or permitting to be used, played or operated any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to unreasonably disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device in such a manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section;
M. The use of hand or power tools, blowers or machinery which results in unreasonably loud and disturbing noises and is clearly audible at a distance of fifty feet from the location where such tools or machinery are operated; provided however, that this section shall not apply to uses of motorized lawnmowers, edge trimmers, leaf blowers, hedge trimmers, or similar powered yard maintenance equipment, used in accordance with manufacturer’s specifications between the hours of 7:00 a.m. and 8:00 p.m. on weekdays or between 9:00 a.m. and 8:00 p.m. on weekends.
(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-027, Amended, 10/15/1996; Ord. O95-018, Amended, 04/16/1996; Ord. 616, Added, 04/18/1972)
8.08.040 Repetition of unnecessary noises.
It is unlawful for any person to permit any of the acts referred to in TMC 8.08.030 to repeatedly take place upon property under his dominion and control.
(Ord. 616, Added, 04/18/1972)
8.08.050 Exceptions from prohibitions.
None of the terms or prohibitions of this chapter shall apply or be enforced against:
A. Any vehicle of the city while engaged in necessary public business;
B. Excavations or repairs of bridges, streets or highways by or on behalf of the city, Thurston County, or state during the night season when the public welfare and convenience render it impossible to perform such work during the day;
C. The reasonable use of amplifiers or loudspeakers in the course of public addresses or public events at reasonable times and reasonable hours; provided, that no amplifier or loudspeaker shall be used in any area of the city except from 12:00 noon through 10:30 p.m., and that such public addresses by use of loudspeakers or amplifier shall not be used for more than three hours of continuous operation in any one location.
(Ord. 891, Amended, 09/02/1980; Ord. 616, Added, 04/18/1972)
8.08.060 Use of loudspeakers.
No person shall use any loudspeaker, amplifier or other similar device which shall project sound above a normal level beyond the property lines of the premises upon which it is being used without first obtaining a permit from the police so to do. In issuing a permit, the police shall impose such restrictions on time, area, and volume as are necessary to preserve the public peace and safety.
(Ord. 616, Added, 04/18/1972)
8.08.070 Violation – Penalty.
Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor.
(Ord. O2011-007, Amended, 07/19/2011; Ord. 616, Added, 04/18/1972)