Chapter 9.12
Public disturbance noise
Sections:
9.12.010 Declaration of policy.
9.12.010 Declaration of policy.
It is the policy of the town of Concrete to minimize the exposure of citizens to physiological and psychological dangers of excessive noise and to protect, promote and preserve the public health, safety and general welfare. It is the express intent of the town council to control the level of noise in a manner which promotes the use, value and enjoyment of property, sleep and repose, and the quality of the environment. [Ord. 482 § 1, 2003]
9.12.020 Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) “District” means the land use zone to which the provisions of this chapter are applied. For purposes of this chapter:
(a) “Residential district” includes all land classified and residential in the town of Concrete pursuant to Concrete zoning maps and ordinances.
(b) “Commercial district” includes all zones classified as commercial in the town of Concrete pursuant to Concrete zoning maps and ordinances. [Ord. 482 § 2, 2003]
9.12.030 Noise control.
(1) General Prohibition. It is unlawful for any person to cause, or for any person who owns or occupies property to allow to originate from the property, sound that is public disturbance noise.
(2) Public Disturbances. The following sounds are public disturbance noises in violation of this chapter within the commercial district between the hours of 2:00 a.m. to 7:00 a.m., except to 10:00 a.m. on Sunday and within the residential district between the hours of 10:00 p.m. to 7:00 a.m., except to 10:00 a.m. on Sunday:
(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 occupants of real property;
(c) Yelling, shouting, whistling or singing on or near public streets, particularly between the hours of 10:00 p.m. and 8:00 a.m. within the residential district or at any time and place as to unreasonably disturb or interfere with the peace and comfort of owners or occupants of real property;
(d) The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment or condominium, which unreasonably disturb or interfere with the peace and comfort of owners or occupants 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 not operated upon the property of the operator, and if operated on the property of the operator, then so as to be audible greater than 50 feet from the boundary of the property;
(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 any day of the week except Sunday and 10:00 p.m. and 9:00 a.m. on Sundays;
(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 lawn mowers, powered hand tools, snow removal equipment and composters between the hours of 10:00 p.m. and 7:00 a.m. on any day of the week except Sunday and 10:00 p.m. and 9:00 a.m. on Sundays.
(3) Exclusion. This chapter shall not apply to community events such as parades of regularly scheduled events at parks, such as public address systems for baseball games of park concerts between the hours of 9:00 a.m. and 11:00 p.m. This chapter shall not apply to fireworks lawfully discharged within the city. [Ord. 482 § 3, 2003]
9.12.040 Violation – Penalty.
Any person who violates the provisions of this chapter shall be subject to a civil penalty of up to $250.00; provided, that the penalty for a second or subsequent violation within a two-year period shall be a civil penalty of up to $500.00.
The Skagit County sheriff is specifically authorized and empowered to enforce this chapter in Skagit County district court. [Ord. 667, 2010; Ord. 482 § 4, 2003]