Chapter 7.14


7.14.010    Public disturbances.

7.14.010 Public disturbances.

(1) It is unlawful for any person to knowingly cause, or for the owner or person responsible for any animal to allow or permit, either recklessly or with criminal negligence, to originate from the property, frequent, repetitive or continuous noise made by such animal, which is a public disturbance.

(2) Any violation of this section shall be punished as follows:

(a) The first violation by a person within the preceding year shall result in a warning.

(b) The second violation by a person within a one (1) year period shall be a Class 2 civil infraction carrying a monetary penalty and default amount of $125 plus statutory assessments.

(c) A third or subsequent violation by a person within a one-year period shall be a criminal misdemeanor punishable by a fine of up to $1,000, 90 days in jail, or both.

(3) Factors to be considered in determining whether animal noise is a public disturbance include, but are not limited to, the nature, volume, frequency, duration, time and location of such noise. Such noise is presumed to be a public disturbance if the noise continues for a period of 30 minutes or more or if the noise exceeds that permitted by WAC Chapter 173-60 (maximum environmental noise levels); however, in any prosecution for a civil infraction or criminal misdemeanor, evidence of a sound level through use of a sound-level meter reading shall not be necessary to establish the commission of the offense.

(4) It is an affirmative defense under this section if:

(a) The animal was intentionally provoked by another person to make such noise;

(b) The noise was made by livestock on land zoned for agriculture under SCC Chapter 14.16; or

(c) The noise was made by animals on an animal preserve or stockyard that is permitted under SCC Chapter 14.16.

(5) Any animal constituting a public nuisance or involved in conduct prohibited by this section may be seized and impounded. (Ord. O20110005: Ord. O20060002 (part): Ord. R20020080 (part). Formerly 7.01.090)