IV. Offenses Against the Public Peace
Chapter 9.36
PUBLIC DISTURBANCE NOISES
Sections:
9.36.020 Public disturbance noises prohibited.
9.36.010 Definition.
A public disturbance noise is any sound which unreasonably either annoys, injures, interferes with or endangers the peace, comfort, tranquility, sleep or repose, health or safety of a community or neighborhood, although the extent of the damage or interference may be unequal. (Ord. 572 § 1, 1986).
9.36.020 Public disturbance noises prohibited.
A. With respect to public disturbance noises other than those emanating from public or private events conducted pursuant to a special events permit issued under Chapter 12.20 SMC or construction activities as defined in subsection B of this section, it is unlawful between the hours of 10:00 p.m. and 7:00 a.m. from Sunday evening through Friday morning, between 10:00 p.m. and 8:00 a.m. from Friday evening through Saturday morning, and between 10:00 p.m. and 9:00 a.m. from Saturday evening through Sunday morning:
1. For any person to cause by any means a public disturbance noise, whether emanating from public or private property;
2. For any person in possession and control of premises to cause the emission or permit the emission of any public disturbance noise from those premises; or
3. For any person operating or controlling any vehicle or mechanized equipment, other than vehicles or mechanized equipment subject to subsection B of this section, whether under contract to the city or other business or public or private entity, to cause a public disturbance noise perceived within any residence in the city.
B. Except as provided otherwise herein, noises emanating from construction activities outside of the allowable hours as set forth in this subsection are hereby declared to constitute unlawful public disturbance noises, and shall be subject to the following provisions:
1. For purposes of this section, “construction activities” shall mean clearing, grading, excavating, and filling; road and utility construction and all activities of a similar nature; and the construction of buildings and structures; provided, it shall not include the repair of single-family homes by the owner or occupant thereof, which shall be governed by the provisions of subsection A of this section. This shall include but not be limited to noises emanating from vehicles and mechanized equipment used in conjunction with construction activities, regardless of whether actively engaged in construction activities, including noises emanating from the transport, idling or warming up of such vehicles and mechanized equipment including generators.
2. The allowable hours for construction activities shall be between 7:00 a.m. and 8:00 p.m. Monday through Friday, between 8:00 a.m. and 8:00 p.m. on Saturday, and between 9:00 a.m. and 8:00 p.m. on Sunday.
3. The city council may, upon application by any public agency undertaking construction of a public improvement project, or upon application by any private utility or entity utilizing public rights-of-way pursuant to a franchise or master permit granted pursuant to Chapter 35.99 RCW, grant an exemption for the public improvement project from the limitations imposed by subsections (B)(l) and (2) of this section and allow construction activities to occur outside of the allowable hours identified in subsection (B)(2) of this section. The application for an exemption shall be made upon such form as the city administrator may designate. The application shall, at a minimum, include the following information:
a. The name, address and telephone number of the applicant, and the name, address and telephone number of its authorized representative;
b. A full and complete description of the public improvement project, its location, proposed construction schedule, project duration, and the date or dates and hours of construction for which the exemption is sought;
c. An identification of the area and particular residences anticipated to be affected by noise, light or glare emanating from construction proposed outside of the allowable hours stated in subsection (B)(2) of this section;
d. A plan for notification of and communication with potentially affected residents;
e. Measures that will be implemented to minimize construction noise, light and glare to the maximum extent feasible and consistent with the project construction schedule; and
f. Such other and further information as the city administrator may deem necessary to fully evaluate the application.
For projects proposed by a public agency or public or private utility other than the city, the city administrator shall refer the application to the public works director for review and recommendations. The city council shall by motion approve, approve with conditions or deny the requested exemption.
4. Construction activities by a public agency necessary to respond to an emergency shall be exempt from the limitations of subsections (B)(1) and (2) of this section. For purposes of this subsection, “emergency” shall have the same meaning as set forth in RCW 39.04.280(3) (“unforeseen circumstances beyond the control of the municipality that either: (a) present a real, immediate threat to the proper performance of essential functions; or (b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.”).
C. With respect to any business premises, the person in charge or control of such business shall be responsible for any public disturbance noise emanating therefrom.
D. Violation of this section shall be a civil infraction, subject to a penalty of not less than $150.00 nor more than $250.00 per occurrence per day. (Ord. 1155 § 1, 2015; Ord. 1138 § 1, 2014; Ord. 930 § 1, 2003; Ord. 858 § 1, 2000; Ord. 825 § 1, 1998; Ord. 572 § 1, 1986).