Chapter 9.42
PUBLIC DISTURBANCE NOISE
Sections:
9.42.010 Noise.
A. General Prohibition. 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. Definition. “Public disturbance noise” means any noise, sound or signal which unreasonably disturbs the comfort, peace, or repose of another person or persons. The following sounds are declared to be public disturbance noises for the purposes of this section; provided, that the following enumeration of acts and noises not be construed as excluding other acts and noises which offend the public peace:
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, operating, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine, including hobby vehicles and aircraft, within a residential area so as to unreasonably disturb or interfere with the peace, comfort and repose of an owner or possessor of neighboring real property; provided that this subsection shall not apply to the operation of lawn mowers, garden tools, agricultural machinery, chainsaws or other power equipment used for building, repair or ground maintenance between the hours of eight a.m. and eight p.m.;
3. Yelling, shouting, whistling or signing on or near the public streets, particularly between the hours of nine p.m. and eight a.m. or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property;
4. The creation of frequent repetitive or continuous sounds or electronically broadcast signals which emanate from any building, structure, apartment or condominium or grounds of such structures 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, citizens band radio, ham radio and similar apparatus, 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 seventy-five 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 seventy-five feet from the source and if not operated upon the property of the operator;
7. Sound resulting from the squealing or screeching or such other sounds from motor vehicle tires in contact with the ground or other roadway surface because of rapid acceleration, braking or excessive speed around corners or because of such other reasons; provided that sounds which result from actions which are necessary to avoid danger or are emergent in nature shall be exempt from this section;
8. Sounds originating from construction sites, including but not limited to sounds from construction equipment, power tools and hammering, between the hours of nine p.m. and seven a.m. on weekdays and nine p.m. and eight a.m. on weekends.
9. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances, including but not limited to sounds from lawn mowers, power hand tools, snow removal equipment and composters, between the hours of nine p.m. and seven a.m. on weekdays and nine p.m. and eight a.m. on weekends.
C. Exemptions. This chapter shall not apply to regularly scheduled events at parks, schools or other public property between the hours of eight a.m. and ten-thirty p.m. nor shall it apply to sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds, appurtenances, including but not limited to sounds of lawn mowers, hand power tools, chain saws, snow removal equipment and composters between the hours of seven a.m. and nine p.m. Sounds originating from construction sites, including but not limited to sounds from construction equipment, power tools and hammering between seven a.m. and nine p.m. on weekdays and eight a.m. and nine p.m. on weekends shall also be exempt. This chapter shall not apply to any public construction projects, emergency construction or repair by public utility agencies, emergency vehicle operation or actions by emergency service providers or any other emergency repair and construction to prevent further damage to persons or property during floods or windstorms or other property or life-threatening emergencies which may occur between the hours of nine p.m. and seven a.m. (Ord. 98-010 § 1, 1998)
9.42.020 Violation—Penalty.
Any person who violates the provisions of this chapter shall be subject to a civil fine not to exceed two hundred fifty dollars for the first offense. For any second or subsequent offense occurring within a twelve-month period, the person shall be guilty of a misdemeanor. (Ord. 98-010 § 2, 1998)
VI. Consumer Protection
(Reserved)
VII. Offenses By or Against Minors
(Reserved)
VIII. Weapons
(Reserved)