Chapter 7.20


7.20.010    Unlawful conduct.

7.20.020    Exemptions.

7.20.030    Content of sound not considered.

7.20.040    Penalty.

7.20.010 Unlawful conduct.

It is unlawful for any person to cause or any person in possession of property to allow to originate from the property sound that is a public disturbance noise. It shall be a rebuttable presumption that any activities enumerated in this chapter disturb the peace, comfort or repose of others when they take place between the hours of ten p.m. and seven a.m. The following sounds are determined to be a public disturbance:

(a)    Sound from motor vehicle audio sound equipment, such as radios, tape players and compact disc 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 fifty feet or more from the vehicle itself;

(b)    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 fifty feet or more from the source of the sound;

(c)    The frequent, repetitive or continuous sounding or any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;

(d)    The creation of frequent, repetitive or continuous 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;

(e)    Yelling, shouting, hooting, whistling or singing on or near the public streets, 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;

(f)    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 area or near any human service facilities. (Ord. 1778 §§ 1, 2, 2014; Ord. 1314 § 1, 1996).

7.20.020 Exemptions.

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

(a)    Businesses operating upon their own premises;

(b)    Emergency vehicles as defined in RCW 46.04.040;

(c)    Other vehicles specifically approved by the city council on a case-by-case basis;

(d)    Persons operating such equipment within a public park for an event authorized by the city of Omak or regularly scheduled events such as public address systems for sports events or park concerts. (Ord. 1314 § 2, 1996).

7.20.030 Content of sound not considered.

The content of the sound will not be considered in determining a violation of this chapter. (Ord. 1314 § 3, 1996).

7.20.040 Penalty.

Failure to perform any act required, or the performance of any act prohibited, by this chapter is designated as a civil infraction and shall not be classified as a criminal offense. Any person, firm or corporation found to have committed such a civil infraction shall be subject to the penalties as set forth in Chapter 1.16. (Ord. 1665 § 3 (part), 2010: Ord. 1314 § 4, 1996).