Chapter 9.08
SITUATIONAL NOISE LIMITATIONS
Sections:
9.08.020 Declaration of policy and findings of special conditions.
9.08.030 Relation to state laws and regulations.
9.08.070 Violation and enforcement.
9.08.090 Provisions not exclusive.
9.08.010 Purpose.
The purpose of this chapter is to establish situational noise limitations and penalties for violating those limitations. (Ord. 1272 § 1, 2005)
9.08.020 Declaration of policy and findings of special conditions.
A. Declaration of Policy. It is hereby declared to be the policy of the town to minimize exposure to citizens to the harmful physiological and psychological effects of excessive noise. It is the express intent of the town council to control the level of noise in a manner that promotes commerce, the use, value and enjoyment of property, sleep and repose, and the quality of the environment.
B. Findings of Special Conditions. The problem of noise in the town has been observed by the town council and is documented by the citizen complaints received by the town. (Ord. 1272 § 2, 2005)
9.08.030 Relation to state laws and regulations.
This section is a complement to, and not in conflict with, Chapter 70.107 RCW, the Noise Control Act of 1974, and Chapters 173-58, 173-60, and 173-62 WAC, which regulate excessive noise using a performance-based code that sets exact decibel levels of tolerable noise. This chapter regulates excessive noise as a nuisance, as authorized by WAC 173-60-060. (Ord. 1272 § 3, 2005)
9.08.040 Definitions.
For the purposes of this chapter, the words and phrases used herein shall have the meaning indicated below:
A. “Emergency work” means work made necessary to restore property to a safe condition following a public calamity, work required to protect persons or property from imminent exposure to danger, or work by private or public utilities for providing or restoring immediately necessary utility service.
B. “Motor vehicle” means any motor vehicle which is self-propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010.
C. “Noise” means the intensity and duration character of sounds from any and all sources.
D. “Person” means any individual, corporation, partnership, association, governmental body, state agency, or other entity whatsoever.
E. “Plainly audible” means any sound that can be detected by a person using his or her unaided hearing faculties.
F. “Public highway” means the entire width between the boundary lines of every way publicly maintained by the Department of Highways or any county or city when any part thereof is generally open to use of the public for purposes of vehicular travel as a matter of right.
All other terms shall be interpreted in conformance with their usual and ordinary meaning. (Ord. 1272 § 4, 2005)
9.08.050 Noise disturbances.
A. It shall be unlawful for any person to make or cause to be made any loud or unreasonable noise between the hours of 10:00 p.m. and 7:00 a.m. Noise shall be deemed to be unreasonable when it disturbs, injures, or endangers the peace or health of another or when it endangers the health, safety, or welfare of the community. Any such noise shall be considered to be a public nuisance and an unlawful noise disturbance.
B. It shall be unlawful for any person to make or cause to be made frequent, repetitive, or continuous noise from the discharge of a firearm between sunset and sunrise. Any such noise shall be considered to be a public nuisance and an unlawful noise disturbance.
C. It shall be unlawful for any person to make or cause to be made any of the following loud or unreasonable noises at any time. Such noise shall be deemed to be unreasonable when it disturbs, injures, or endangers the peace or health of another or when it endangers the health, safety, or welfare of the community. The following noises shall be considered to be a public nuisance and an unlawful noise disturbance regardless of the time of day:
1. Frequent, repetitive, or continuous noise made by any animal which unreasonably disturbs or interferes with the peace, comfort, and repose of property owners or possessors, except that such sounds made by animal shelters, or commercial kennels, veterinary hospitals, pet shops, or pet kennels licensed under and in compliance with applicable regulations shall be exempt from this subsection. Notwithstanding any other provision of this section, if the owner or other person having custody of the animal cannot, with reasonable inquiry, be located by the investigating officer, or if the animal is a repeat violator of this subsection, the animal shall be impounded by the animal control officer or his designee, subject to redemption in the manner provided by SJCC 6.08.160;
2. The frequent, repetitive, or continuous sounding of any horn or siren attached to a motor vehicle except as a warning of danger or specifically permitted or required by law;
3. The creation of frequent, repetitive, or continuous noise in connection with the starting, operation, repair, rebuilding, or testing of any motor vehicle, motorcycle, or off-highway vehicle 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 noise by use of a musical instrument, whistle, sound amplifier, stereo, radio, television, or other device capable of reproducing sound so as to unreasonably disturb or interfere with the peace, comfort, and repose of owners or possessors of real property;
5. Sound from a motor vehicle audio system, such as a radio, tape player, or compact disc player, which is operated at such a volume that it is plainly audible by a person of normal hearing at a distance of 75 feet or more from the vehicle itself and lasts more than 30 seconds; or
6. Sound from portable audio equipment, such as a radio, tape player, or compact disc player, which is operated at such a volume that it is plainly audible by a person of normal hearing at a distance of 75 feet or more from the source of the sound and lasts for more than 30 seconds. (Ord. 1272 § 5, 2005)
9.08.060 Exemptions.
The following noises are exempt from the provisions of this chapter at all times:
A. Noise originating from aircraft in flight, and sounds which originate at airports and are directly related to flight operations;
B. Noise created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible;
C. Noise created by emergency work necessary in the interest of law enforcement or for the health, safety, or welfare of the community;
D. Noise created by motor vehicles operating on public highways when regulated by WAC 173-60-040;
E. Noise originating from officially sanctioned parades, sporting events, and other public events;
F. Noise created by natural phenomena;
G. Noise created by unamplified human voices except yelling, shouting, or otherwise making loud and raucous noise which unreasonably disturbs or interferes with the peace, comfort, and repose of owners or possessors of real property;
H. Noise created from school marching bands while practicing or parades on public streets;
I. Noise created by ships and other vessels engaged in interstate commerce;
J. Noise from events for which a town permit was obtained;
K. Noise created by ships and other vessels navigating in adverse weather conditions, such as fog;
L. Noise from agricultural activities including the planting and harvesting of crops and the sounds of farm animals including horses, cattle, pigs, sheep, goats, llamas, and alpacas;
M. Noise created by firearm discharge on properly authorized shooting ranges; and
N. Noise created by town of Friday Harbor commercial establishments. (Ord. 1272 § 6, 2005)
9.08.070 Violation and enforcement.
All violation(s) of this chapter are hereby declared a public nuisance subject to abatement consistent with Chapter 1.18 FHMC. In addition to the foregoing, a first violation shall be treated as a Class 3 civil infraction with a second violation of any provision of this chapter by the same person within a one-year period being a Class 2 civil infraction and third or subsequent violation by the same person within a one-year period constituting a Class 1 civil infraction as the same is provided for in Chapter 1.18 FHMC. (Ord. 1532 § 4, 2014; Ord. 1272 § 7, 2005)
9.08.080 Enforcement.
This chapter shall be enforced by the San Juan County sheriff’s office. The sheriff’s office may issue a notice of violation only after it receives a complaint from an identified person who owns, rents, or leases property that is affected by a noise source, except that FHMC 9.08.050(C)(5), relating to motor vehicles’ audio systems, shall be subject to enforcement proceedings regardless of whether a complaint has been received. (Ord. 1272 § 8, 2005)
9.08.090 Provisions not exclusive.
The provisions of this chapter shall be cumulative and not exclusive. This chapter shall not affect any other claim, cause of action or remedy, nor, unless specifically provided, shall this chapter be deemed to repeal, amend, or modify any law, ordinance, or regulation relating to noise. Instead, this chapter shall be deemed complementary to existing legislation and common law or noise. (Ord. 1272 § 9, 2005)