Chapter 9.22
NOISE
Sections:
9.22.010 Declaration of policy.
9.22.020 Finding of special conditions.
9.22.030 Prohibited public disturbance noises designated.
9.22.050 Prohibited intentional acts.
9.22.060 Conditions of violation of Section 9.22.050.
9.22.010 Declaration of policy.
It is the policy of the city to minimize the exposure of citizens to the physiological and psychological dangers of excessive noise and to protect, promote, and preserve the health, safety, and welfare of the general public. It is the express intent of the city council to control the level of noise in a manner which promotes commerce; the use, value, and enjoyment of property; sleep and repose; and the quality of the environment. The city council recognizes the position of the guarantees of freedom of speech in our society. If those guarantees are to be truly effective, it is necessary that each citizen tolerate unwelcome speech and ideas. Without that, the guarantees of free speech cannot serve their critical roles of fostering the exchange of ideas. The city council, however, recognizes that any right may be abused; that an individual’s right is limited by the impacts of its utilization upon those in our society who are affected by that utilization and that balancing must be effectuated. In effectuating this balancing, the city recognizes the vital role involved with the right to privacy, the right to be let alone, in an increasingly noisy and intrusive world. Nowhere is that right more significant than in the privacy of one’s home.
Sound is a principal medium of communication. By its nature and as a result of massive technological changes within the last few years, it has become an even more potentially intrusive medium to those who do not wish to hear the specific noise or message. The purpose of this chapter is to protect to the greatest extent possible both the right of free speech and the right to privacy within the home. Its purpose is to guarantee ample channels of communication for all ideas, whether welcome or unwelcome by recipients; yet also secure the home as a refuge from noise which unreasonably disturbs the peace and repose of its inhabitants. (Ord. 871 §1, 1990).
9.22.020 Finding of special conditions.
The Elma police department and the city council have been apprised of numerous citizen complaints regarding specialized noise occurrences, particularly in summer months, such as the playing of amplified music, in automobiles and otherwise, and the running of motorcycles, all at such volume and duration as to unreasonably disturb and interfere with the peace, comfort and repose of others. Such noises constitute a public disturbance. These noise occurrences adversely affect the public health and welfare, the value of property, and the quality of environment and constitute special conditions within the city which make necessary any and all differences between this chapter and regulations adopted by the Department of Ecology. (Ord. 871 §2, 1990).
9.22.030 Prohibited public disturbance noises designated.
A. It is unlawful for any person willfully to cause, or any person in possession of property willfully to allow to originate from the property, any sound which:
1. Is caused by the operation of a motor vehicle, including by way of example and not by way of limitation, automobile, truck, motorcycle and all-terrain vehicle, upon property other than a public highway, and which is so loud as to unreasonably disturb or interfere with the peace, comfort, and repose of owners or possessors of real property;
2. Is plainly audible within any dwelling unit which is not the source of the sound and which is located within a residential zone established pursuant to the Elma Zoning Ordinance, Title 17, is of such loudness, frequency, or duration as to unreasonably disturb the peace, comfort, and repose of owners or possessors of such dwelling units within such dwelling units, and which emanates from any device designed for sound production or reproduction, such as, but not limited to, radios, televisions, musical instruments, phonographs, and loudspeakers. However, between the hours of seven a.m. and nine p.m., sound which is plainly audible within such dwelling unit for less than a total of five minutes in any one-hour period or less than one minute at any one time shall not be deemed to be unreasonably disturb a person’s peace, comfort and repose for purposes of this section; or
3. Is plainly audible within any structure which is not the source of the sound and which is located within the city, other than in a residential zone established pursuant to the Elma Zoning Ordinance, Title 17, is of such loudness, frequency, or duration as to unreasonably disturb the peace, comfort, and repose of owners or possessors of such dwelling units within such dwelling units, and which emanates from any device designed for sound production or reproduction, such as, but not limited to, radios, televisions, musical instruments, phonographs, and loudspeakers. However, between the hours of seven a.m. and nine p.m., sound which is plainly audible within such dwelling unit for less than a total of five minutes in any one-hour period or less than one minute at any one time shall not be deemed to unreasonably disturb a person’s peace, comfort, and repose for purposes of this section.
B. Sound which is plainly audible is sound such as, but not limited to, understandable spoken speech or comprehensible musical rhythms.
C. Sound produced by the audio system installed in a motor vehicle which is plainly audible more than fifty feet from the vehicle when the windows and doors of the vehicle are closed or one hundred feet if either are open is unlawful, unless such sound is generated by a system in compliance with the following:
1. Is produced by a speaker system externally mounted;
2. Is related to the advertising or promotion of a social or political event, cause, issue, or candidate or promoting a particular business enterprise;
3. Occurs between the hours of seven a.m. and nine p.m.; and
4. Possesses the permit required by Section 9.22.040(G). (Ord. 1150 §2, 2016: Ord. 871 §3, 1990).
9.22.040 Exemptions.
The following sounds are exempt from the provisions of this chapter:
A. Sounds created by fire or other emergency alarms;
B. Sounds created by emergency equipment and emergency work necessary in the interests of law enforcement or of the health, safety, or welfare of the community;
C. Sounds created by off-highway vehicles while being used in officially designated off-road vehicle parks;
D. Sounds created by warning devices not operated continuously for more than thirty minutes per incident;
E. Sounds created by any vehicle owned by a municipal corporation, an entity providing solid waste disposal service to locations within the city, or public utility while engaged in the course of their operational activities;
F. Sounds created by repairs, replacement, or construction of streets, highways, or other public improvements by or on behalf of the city, county or the state, during the evening hours when the public welfare and convenience make it reasonably necessary to carry forth such activity;
G. Sounds created by the reasonable use of amplifiers or loud speakers in the course of public addresses at reasonable times and at reasonable hours; provided, that this exception shall exist only so long as the person in charge of the activity first obtains a permit from the chief of police or his or her designee; the chief in issuing such permit shall have the authority to impose such restrictions on time, area, and volume as may be reasonably necessary to preserve the public peace and safety and to avoid unreasonable imposition upon the other citizens of the area;
H. During the period from seven a.m. to twelve a.m., noise arising from or related to the following:
1. An event or activity authorized or sponsored by a public agency, including but not limited to a public school district, Grays Harbor County or the city;
2. A sporting event being held upon a sports facility owned by the city or a school district when such utilization has been authorized, either specifically or under a general agreement, with the sponsoring entity;
I. Sounds generated by commercial or industrial use of properties located in a general commercial or industrial zone which shall continue to be governed by the provisions of Section 17.24.100, as now existing or hereafter amended or succeeded. (Ord. 1150 §3, 2016: Ord. 871 §4, 1990).
9.22.050 Prohibited intentional acts.
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 the hours of nine p.m. and seven 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. The erection, including excavation, demolition, alteration, or repair, of any building in a residential, apartment, hotel, or business district other than between the hours of seven a.m. and nine p.m. Monday through Saturday, except in case of urgent necessity in the interest of public safety and convenience, after obtaining a permit from the city building official;
G. 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, providing signs are displayed in such vicinities indicating such institution is nearby unless as part of an event which possesses the permit required by Section 9.22.040(G);
H. 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;
I. The use of any drum, loudspeaker, or other instrument, device, or amplifier for the purpose of attracting attention by creation of noise to any performance, show, sale, display of merchandise, or advertising purposes;
J. 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 structure in or on which such tools or machinery are operated;
K. The utilization for braking purposes of that compression control device commonly known as a compression brake or a "Jake brake" when installed upon and utilized upon any motor vehicle. (Ord. 1150 §4, 2016: Ord. 871 §5, 1990).
9.22.060 Conditions of violation of Section 9.22.050.
For purposes of this chapter:
A. Plainly audible and clearly audible shall mean the same thing.
B. To be violative of the provisions of Section 9.22.050, the sound, noise, or use must be plainly audible and be of such nature as to be capable of unreasonably disturbing the peace, comfort, and repose of a person occupying a structure. (Ord. 871 §6, 1990).
9.22.070 Violation--Penalty.
Any violation of the provisions of this chapter shall constitute an infraction and shall be processed pursuant to the provisions of Section 9.66.040, as now existing or hereafter amended or succeeded. (Ord. 1150 §5, 2016).