Chapter 8.10
PUBLIC DISTURBANCE NOISE

Sections:

8.10.010    Purpose.

8.10.020    Unlawful conduct.

8.10.030    Exemptions.

8.10.040    Content of sound not considered.

8.10.050    Penalty.

8.10.010 Purpose.

The purpose of this chapter is to control noise in a manner which promotes commerce; the use, value, and enjoyment of property; sleep and repose; and the quality of the environment. (Ord. 1020 § 1, 2015; Ord. 984 § 1, 2012; Ord. 947, 2010)

8.10.020 Unlawful conduct.

It is unlawful for any person to cause, or for any person in possession of property to allow, sound originating from the property that is a public disturbance noise. Except as otherwise provided in this chapter, the following sounds are determined to be a public disturbance:

A. Sound from motor vehicle audio sound equipment, such as radios, tape players, compact disc players, and MP3 players, installed in the vehicle or merely carried therein, to be operated at a volume so as to be plainly audible by the human ear at a distance of 75 feet or more from the vehicle itself;

B. The frequent or repetitive sounding of any horn or alarm attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;

C. The creation of frequent or repetitive 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 area or near any human service facilities;

D. Sound from portable audio equipment, such as a radio, tape player or compact disc player which is operated at such a volume so as to be plainly audible by the human ear at a distance of 75 feet or more from the source of the sound;

E. The creation of frequent or repetitive sounds which emanate from any building, structure, apartment, or condominium, which unreasonably interferes with the peace, comfort, and repose of owners or possessors of real property, such as sounds from musical instruments, audio sound equipment, band sessions, or social gatherings which can be heard 75 feet from its property line in a residential zone or 150 feet from its property line in a business or commercial zone between the hours of 9:00 p.m. to 9:00 a.m.;

F. Yelling, shouting, hooting, whistling, or singing on or near the public streets, between the hours of 10:00 p.m. and 7:00 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; and

G. Sounds originating from property relating to temporary projects for the construction, maintenance or repair of buildings, grounds and appurtenances, including but not limited to sounds from lawnmowers, power or hand tools, snow removal equipment and composters between the hours of 8:00 p.m. and 7:00 a.m. on weekdays and 8:00 p.m. and 8:00 a.m. on weekends. (Ord. 1020 § 1, 2015; Ord. 984 § 1, 2012; Ord. 947, 2010)

8.10.030 Exemptions.

The following shall be exempt from the provisions of this chapter:

A. Sounds from emergency vehicles as defined in RCW 46.04.040;

B. Noises originating from emergency equipment and emergency work necessary in the interests of law enforcement or of the health, safety and/or welfare of the community;

C. Sounds created by properly functioning and used warning, safety and protective devices;

D. Noise originating from generators during power outages; however, this does not preclude the operator from being responsible to mitigate the noise to the degree possible;

E. Sounds originating from parades and special events permitted or authorized by the city of Langley;

F. Noises originating from the Island County Fairgrounds between the hours of 8:00 a.m. to 9:00 p.m. or as long as the use is authorized pursuant to a special events permit authorized by the city;

G. Nonamplified sound within a public park between the hours of 7:00 a.m. and 9:00 p.m.; “amplified sound” means any sound that is increased by electronic means;

H. Noises originating from schools and day cares in the normal course of daytime operations;

I. Noises created by the lawful discharge of fireworks in accordance with Chapter 9.05;

J. Except as prohibited under Section 8.10.020(G), noises created by the operation of snow removal equipment;

K. Sounds originating from delivery and refrigeration vehicles which require idling for no more than 30 minutes; and

L. Live amplified and nonamplified sounds originating from outdoor music/entertainment within the city of Langley business districts between the hours of 9:00 a.m. and 9:00 p.m. Amplified sounds that comply and are in accordance with a permit issued by Island County, the city of Langley or by a public agency of the state of Washington. “Amplified sound” means any sound that is increased by electronic means. (Ord. 1020 § 1, 2015; Ord. 984 § 1, 2012; Ord. 947, 2010)

8.10.040 Content of sound not considered.

The content of the sound will not be considered in determining a violation of this chapter. (Ord. 1020 § 1, 2015; Ord. 984 § 1, 2012; Ord. 947, 2010)

8.10.050 Penalty.

Any person who violates the provisions of this chapter shall be subject to a civil infraction fine as set by resolution of the city council in the municipal fee schedule. (Ord. 1020 § 1, 2015; Ord. 984 § 1, 2012; Ord. 947, 2010)