Chapter 9.105
PUBLIC PEACE, CRIMES RELATING TO

Sections:

9.105.100    Public disturbance – Adopted by reference.

9.105.200    Disorderly conduct.

9.105.300    Violating right of privacy – Adopted by reference.

9.105.410    Public disturbance noise prohibited.

9.105.420    Exclusions.

9.105.430    Penalties.

9.105.440    Downtown area defined.

9.105.100 Public disturbance – Adopted by reference.

The following sections of the Washington Criminal Code, as now in effect, and as may subsequently be amended, are adopted by reference to establish crimes relating to public disturbance under the Burien criminal code:

RCW

9.27.015    Interference, obstruction of any court, building or residence – Violations.

9A.84.010    Riot.

9A.84.020    Failure to disperse.

9A.84.040    False reporting.

[Ord. 707 § 1 (Exh. A), 2019; Ord. 63 § 35, 1993]

9.105.200 Disorderly conduct.

(1) A person is guilty of disorderly conduct if he or she:

(a) Uses abusive language and thereby intentionally creates a risk of assault;

(b) Intentionally disrupts any lawful assembly or meeting of persons without authority;

(c) Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or

(d) Fights by agreement, except as part of an organized athletic event.

(2) Disorderly conduct is a misdemeanor. [Ord. 707 § 1 (Exh. A), 2019; Ord. 63 § 36, 1993]

9.105.300 Violating right of privacy – Adopted by reference.

The following sections of RCW Title 9, as now in effect, and as may subsequently be amended, are adopted by reference to establish crimes relating to violation of the right of privacy under the Burien criminal code:

RCW

9.73.010    Divulging telegram.

9.73.020    Opening sealed letter.

9.73.030    Intercepting, recording or divulging private communication – Consent required – Exceptions.

9.73.070    Same – Persons and activities excepted.

9.73.090    Police and fire personnel exempted from RCW 9.73.0309.73.080 – Standards.

9.73.100    Recordings available to defense counsel.

[Ord. 707 § 1 (Exh. A), 2019; Ord. 63 § 74, 1993]

9.105.410 Public disturbance noise prohibited.

(1) 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.

(2) Illustrative Enumeration. The following sounds are public disturbance noises in violation of this chapter:

(a) 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.

(b) The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, 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.

(c) Yelling, shouting, whistling or singing on or near the public streets, particularly between the hours of 10:00 p.m. and 8:00 a.m. or at any time and place as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property.

(d) The creation of frequent, repetitive or continuous sounds which emanate 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.

(e) Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself.

(f) 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, and if not operated upon the property of the operator.

(g) The squealing, screeching or other such 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 reason; provided, that sounds which result from actions which are necessary to avoid danger shall be exempt from this section.

(h) Sounds originating from construction sites, including but not limited to sounds from construction equipment, power tools and hammering, between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 9:00 a.m. on weekends; provided, however, the city manager shall have the discretion to issue variances for city of Burien public works projects if the city manager determines, after considering the relative interests of the applicant, other owners or possessors of property likely to be affected by the noise, and the general public, that the noise occurring or proposed to occur does not endanger health and safety of a substantial number of persons.

(i) 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 lawnmowers, powered hand tools, snow removal equipment and composters between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 9:00 a.m. on weekends. [Ord. 707 § 1 (Exh. A), 2019]

9.105.420 Exclusions.

(1) City of Burien permitted special events and parks events located in the “Downtown” –as defined by city zoning codes and as described in BMC 9.105.440 – between the hours of 9:00 a.m. and 12:00 a.m. (midnight) on Fridays and Saturdays.

(2) Regularly scheduled events at parks, not including parks in the Downtown, such as public address systems for baseball games or park concerts between the hours of 9:00 a.m. and 10:30 p.m. [Ord. 707 § 1 (Exh. A), 2019]

9.105.430 Penalties.

Any person who violates the provisions of this chapter shall be subject to a civil fine not to exceed $250.00 for a first offense. For second and subsequent offenses, the person shall be guilty of a misdemeanor. [Ord. 707 § 1 (Exh. A), 2019]

9.105.440 Downtown area defined.

“Downtown” refers to the areas located within the Downtown Commercial and Special Planning Area 1 zones as defined by city zoning codes and are illustrated below.

[Ord. 707 § 1 (Exh. A), 2019]