9.46.010       Intent.
9.46.020       Unlawful acts designated.
9.46.030       Exemptions.
9.46.040       Violation—Penalty.

9.46.010       Intent.

    It is declared to be the policy of the city to minimize the exposure of citizens to the harmful physiological and psychological effects of excessive and unnecessary noise. It is the express intent of the city to control the level of noise in a manner which promotes commerce; the use value and enjoyment of property; sleep and repose; and the quality of the environment. The ordinance codified in this chapter should be construed consistent with this intent. (Ord. 1141 § 1, 1992)

9.46.020       Unlawful acts designated.

    It is unlawful for any person knowingly to cause, or for any person in possession or control of property knowingly to allow to originate from the property, sound that is a public disturbance noise. The following sounds or acts are determined to be public disturbance noises or acts producing public disturbance noises:

    A.    Operation of a motor vehicle, whether or not licensed or equipped for use on a public highway, which is not equipped with a muffler in good working order and in continuous operation;

    B.     Operation of a motor vehicle in such a manner as to intentionally cause, or allow to be emitted, squealing, screeching, or other such sound, from the tires in contact with the ground because of rapid acceleration, intentional and unnecessary braking or excessive speed around corners or other such reason; provided, that sound resulting from emergency braking or emergency evasive action to avoid imminent danger shall not be considered a public disturbance noise;

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

    D.    Using or operating any mechanical or electronic device or loudspeaker in a fixed or movable position exterior to any building, or mounted upon a motor vehicle, aircraft, or boats for commercial or business advertising purposes or for the purpose of attracting attention to any performance, show or sale or display of merchandise, where the sound therefrom may be heard upon any public street, park, or place; provided, that nothing in this chapter is intended to prohibit incidental sounds emanating from a sporting or entertainment or public event; provided further, that ice cream or vegetable vendors whose sole method of selling is from a moving vehicle, shall be exempt from this provision from the hours of seven a.m. to eight p.m. so long as the level of noise is not unreasonably loud;

    E.     Owning, keeping, possessing or harboring any animals which by frequent or habitual howling, barking, crowing or other noisemaking can be heard in a residential zone;

    F.     The erection, including excavation, demolition, alteration or repair of any building other than between the hours of seven a.m. to nine p.m. on weekdays and eight a.m. to nine p.m. on weekends, except in cases of urgent necessity in the interest of public safety and convenience, and then only by written permission of the building official or city supervisor;

    G.     The use, operation or permitting 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 or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. To unreasonably disturb the peace, quiet and comfort of the neighboring inhabitants shall include, but not be limited to the operation of any such set, instrument, phonograph, machine or device in such a manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which it is located. Provided, however, that nothing herein shall prohibit such sounds at or from a wedding, reception, party, musical or theatrical performance or other similar event where a permit therefor has first been obtained from the city supervisor and subject to such conditions and restrictions as the city supervisor shall designate;

    H.    Operation of any power lawn mower, power snow remover or blower, chain saw or other powered equipment used in temporary or periodic maintenance or repair of residential property or grounds, except between the hours of seven a.m. to nine p.m. on weekdays and eight a.m. to nine p.m. on weekends;

    I.      Maintaining or possessing any bells, chimes, or carillons which operate or make noise plainly audible in or on neighboring residential property for a period longer than five minutes in any one hour;

    J.      The operation of any aircraft for the purpose of take-off or landing where the noise therefrom is clearly audible in or on any residential property, whether or not such aircraft are regulated by the Federal Aviation Administration or other federal law, and including those aircraft commonly referred to as “ultralights.” (Ord. 1141 § 2, 1992)

9.46.030       Exemptions.

    The following sounds are exempt from the provisions of this chapter:

    A.    Sounds originated from aircraft in flight;

    B.     Sounds created by fire alarms;

    C.     Sounds created by emergency equipment and emergency work necessary in the interest of law enforcement or of the health, safety or welfare of persons or community;

    D.    Sounds originating from city sanctioned events such as parades or other public events. (Ord. 1141 § 3, 1992)

9.46.040       Violation—Penalty.

    Any person, firm or corporation who violates any of the provisions of this chapter shall have committed a civil infraction. Procedure for issuance of a notice of infraction and the processing thereof in the courts shall be substantially as set forth for traffic infraction pursuant to the justice court traffic infraction rules as now or hereafter promulgated by the Washington State Supreme Court or local court rules. Penalties for violations shall be as follows:

    A.    Upon a first violation, a fine of not more than one hundred dollars;

    B.     Upon a second violation, a fine of not more than two hundred fifty dollars;

    C.     Upon a third or subsequent violation, a fine of not more than five hundred dollars. (Ord. 1141 § 4, 1992)