Chapter 8.20


8.20.010    Nuisance noise.

8.20.020    Vehicle noise.

8.20.030    Enforcement.

8.20.040    Penalty.

8.20.010 Nuisance noise.

A. Nuisances Affecting Public Peace at All Times. It is unlawful for any person knowingly to cause or make, or for any person in possession of property knowingly to allow to originate from the property, unreasonable noise that disturbs another. Noises constituting a public nuisance shall include, but shall not be limited to, the following sounds or combinations of sounds:

1. Horn or siren attached to a motor vehicle, except such sounds that are made to warn of danger or that are specifically permitted or required by law;

2. Frequent, repetitive or intermittently continuous sounds made in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, race vehicle, off-highway vehicle or internal combustion engine;

3. Loud and frequent, repetitive or intermittently continuous sounds made by the use of a musical instrument or instruments or other device capable of producing sound when struck by an object, or a whistle, or of a sound amplifier or other device capable of producing, amplifying or reproducing sounds;

4. Operating a mobile or stationary sound amplification device for the purpose of emitting such sound to the public without a permit or in violation of the requirements of the permit;

5. Sounds made for any duration or frequency from the starting and/or running of the engine of a race vehicle.

B. It shall be considered a nuisance affecting public peace to use, operate or permit to be used, played or operated any radio, receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such a manner as to unreasonably disturb the peace, quiet and comfort of the neighboring inhabitants. The operation of any such machine or device in such a manner as to be plainly audible at a distance of 100 feet from the building or structure, or which is plainly audible in an adjoining apartment, shall be prima facie evidence of a violation of this section.

C. It shall be considered a nuisance affecting public peace to create any unreasonable or excessive noise near any school, institute of learning, public meeting place, church or court, while the same is in session.

D. Nuisances Affecting Public Peace during Nighttime Hours. The following sounds are declared to be a nuisance affecting public peace when performed between the hours of 10:00 p.m. and 7:00 a.m.:

1. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances, including but not limited to lawn mowers, saws, hammering and gardening;

2. Sounds created by blasting;

3. Sounds originating from construction sites as a result of construction activity;

4. Sounds created by the installation of or repair of utility service;

5. Sounds originating from commercial property relating to maintenance or repair of buildings, grounds, parking lots and appurtenances. (Ord. 2293 § 1, 2001).

8.20.020 Vehicle noise.

It shall be considered a nuisance affecting public peace to create unreasonable sound on public or private property by:

A. Emitting amplified music from a vehicle at a volume that is reasonably disruptive from 50 feet or more away from the vehicle;

B. Intentional and excessive squealing of vehicle tires.

Violation of this section shall be a civil infraction subject to a monetary fine as set by resolution. The fine shall be paid at the Mountlake Terrace Violations Bureau in person or by mail within 15 days of issuance. For payments made by mail, a postmark shall serve as the date the payment is made. A fine not contested and not paid within 15 days will be double the amount of the original fine. A fine not paid after notice of delinquency may be forwarded to a collection agency or may be collected by any means authorized by law.

C. The violation or the fine imposed pursuant to this section may be contested by notifying the Violations Bureau in writing within 15 of issuance of the citation of a request for a hearing. The requested hearing shall be brought before the Hearing Examiner in accordance with and pursuant to Chapter 2.120 MTMC. (Ord. 2293 § 1, 2001).

8.20.030 Enforcement.

Whenever a complaint is received and verified to be in-progress by the responding Police Officer, or whenever it is stated in writing by three or more persons having separate residences in a neighborhood that any person is violating any of the provisions of this section, a Police Officer shall advise the person of the complaint, and that such violations must cease. Failure of any person to cease shall be considered a violation of this section. (Ord. 2293 § 1, 2001).

8.20.040 Penalty.

Unless otherwise stated in this chapter, any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000 or 90 days in jail, or both such fine and jail. A minimum fine for the first violation of this chapter may be set by resolution, and a minimum fine for a second or subsequent violation shall be twice the amount as for a first offense. (Ord. 2293 § 1, 2001).