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HomeMy WebLinkAbout2735 OrdinanceORDINANCE NO. 2735 AN ORDINANCE concerning Noise Regulation; and amending Section 9.61.020 of the Pasco Municipal Code. WHEREAS, excessive noise is a form of pollution which has direct and harmful effects upon the health and welfare of persons exposed to such sounds, lowers the value of impacted properties and generally adversely affects the liveability, peace and comfort of the impacted neighborhoods and the City as a whole; and WHEREAS, due primarily to the sound characteristics and manner of use, excessive noise from portable and motor vehicle audio equipment such as tape players, radios and compact disc players is a particularly disruptive form of noise pollution involving said harmful effects and impacts upon persons, property, neighborhoods, and occuring in or near vehicular traffic, such noise presents a danger to traffic safety; and WHEREAS, excessive noise from said audio equipment occuring within the City Park System has a harmful impact upon the use and enjoyment of park areas by other park users, has the effect of discouraging many from utilizing certain park areas and has caused said noise pollution harmful effects upon adjacent private properties, persons and neighborhoods; and WHEREAS, noise from said audio equipment which can be clearly heard from seventy-five (75) feet or more from the source of the sound is in excess of the maximum permissible sound level allowed to be generated or received in either residential or commercial areas of the city, involves excessive noise impacts, creates noise pollution within such area; and, when occuring in or near vehicular traffic, presents a danger to traffic safety; and WHEREAS, technology has allowed the proliferation of commercially accessible types of audio equipment, both portable and installed in motor vehicles, which can be amplified so as to produce excessive noise which can be clearly heard seventy-five (75) feet or more from the source of the sound; and WHEREAS, the City Council finds that excessive noise being generated from such equipment is a public nuisance and constitutes a public disturbance noise; now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAINES AS FOLLOWS: Section 1. Section 9.61.020 of the Pasco Municipal Code is hereby ammended, as shown by the underlined language, to read as follows: 9.61.020 PUBLIC DISTURBANCE NOISE PROHIBITED. No person, whether or not that person is in actual possession of the noise source, shall create, continue, or cause to be created or continued, or allow to be created or continued, any public disturbance noise. "Public Disturbance Noise" means any noise which: (A) Is specifically included in, but not limited to, those listed in this section; or (B) That unreasonably disturbs or interferes with the peace, comfort and repose of owners or occupants of real property and causes a noise complaint to be reported by two or more persons occupying separate residences neither of which residence is within the same property boundaries. Public disturbance noises for the purposes of this section shall include, but shall not be limited to, the following specif iced sounds and are also subject to regulation under the provisions of Section 9.61.010 of this chapter: 1. Any sound made by the use of a musical instrument, whistle, sound amplifier, juke box, radio, television, or other similar device which eminates from a building, structure, or property between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. 2. Any sound made by the unamplified human voice which eminates from a building, structure or property between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. 3. Frequent, repetitive or continuous sounds made by any animal which eminates from a building, structure, or property and is received within a residential district. 4. Any sound made by the discharge gases from an internal combustion engine except through a muffler. 5. Any sound made by the operation of any motorcycle, motorbike, off-road or terrain vehicle in the city on any property not a part of the street system of the city when such motorcycle, motorbike, off-road or terrain vehicle does not conform to the muffler standard required for operation on the public streets. 6. Any sound made by a horn or other similar signaling device attached to a motor vehicle expect when reasonably necessary to insure safe operation as permitted in RCW 46.37.380. 7. Any sound made by a loud speaker or sound amplifier exterior to any building for commercial advertising or sales purposes or for attracting the attention of the public to any performance, show or other event. 8. Any sound which is audible at any school, other institution of learning, court, hospital, nursing or convalescent facility, or other area where exceptional quiet is necessary; provided, signed or displayed in adjacent or contiguous streets indicating that the area is a quiet zone. 9. Any sound made by the construction, excavation, repair, demolition, destruction, or alteration of any building, property or upon any building site between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. 10. Any sound made by operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or air conditioner, fan or blower, or similar device used in residential areas between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a residential boundary. 11. Any sound made by speaker sound amplifier or motor vehicle audio system exterior to the passenger sitting compartment of a motor vehicle on a public street or highway (anywhere within the right-of-right thereof) of a commercial radio station broadcast, or music from an audio tape cassette, compact disc, or other recording medium. r-- ELLS, City Clerk 12. Any sound from a motor vehicle audio system, such as tape players, radios, and compact disc players, operated at a volume and under conditions, so as to be audible greater than seventy-five (75) feet from the vehicle itself. 13. Any sound from portable audio radio, tape player or compact operated at such a volume so distance of seventy-five (75) feet of the sound. equipment, such as a disc player, which is as to be audible at a or more from the source Section 2. This ordinance shall take effect five days after passage and publication. 4 PASSED this 3 day of August and APPROVED by the Mayor. ED MENDLER, Mayor ATTEST: APPROVED AS TO FORM: G.A. STELLO, City Attorney 'Herald DATE 081189 LEGAL NO 00e861 P 0 BOX 2608 PASCO, WASHINGTON (509) 582-1500 99302-2608 ACCOUNT NO 50550 DESCRIPTION Ordinance No. 2735 LEGAL ADVERTISING INVOICE Pasco P.O. Bo 2 974 • Pasco WA 997401 mums AUG 1 7 1989 MACE DEPT. 001 LINES 271 T T L — $ SOLD TO C i t 0 NOTICE This Is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment FFil A VIT F PUALØCA TN kW COUNTY OF BENTON SS STATE OF WASHINGTON IN PALMIERI , being duly sworn, deposes and says, I am the Legal Clerk of the Tn-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a Or d riance No. 2735 asIt was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 001 time(s), commencing on 081189 , and ending on OR 1 1 siq , and that said newspaper was regulary distributed to its subscribers during all of this period 4tYLI Pahniwui SUBSCRIBED AND SWORN BEFORE ME THIS auftat , flc Notary public in and forMie &Are of Wash- ington, residing at COMMISSION EXPIRES 7-45---lz- DAY OF r—.., I ORDINANCE NO 2735 AN ORDINANCE concern ing Noi se Regulation and r amending Section 9 61 020 of the Pasco Municipal WHEREAS exceSsive noise iq a form of pollution which has direct and harm ful, effects upon the health 9 and welfare of persons ex I, posed to such sounds low era the value of impacted !-1 properties and generally I adversely affects the !wee i, bility peace and comfort of I I the impacted neighbor 1,1 hoods and the City as a 12 whole and I WHEREAS due primarily jt to the sound characteristics i I and manner of use exces 5 sive noise from portable ri ll and motor vehicle audio C equipment such as tape `1 players radios and com r. pact disc players is a partic ularly disruptive from of noise pollution involving — said harmful effects and im pact upon persons prop I n erty neighborhoods and occunng in or near vehicu ' lar traffic such noise pre sents a danger to traffic safety and 1 WHEREAS excessive 1 noise from said audio J equipment occuring within 'I the City Park System has a harmful impact upon the use and enjoyment of park areas by other park users has the effect of discourag ( ing many from utalizing cer 1 tam park areas and has caused said noise pollution , harmful effects upon adja e cent private properties per 1 L sons and neighborhoods I and J WHEREAS noise -from IQ said audio equipment J y which can be clearly heard e from seventy five (75) feet p or more from the source of the sound is in excess of 6 the maximum permissible sound level allowed to be ,„ generated or received in ei "„` ther residential or commer ' cial areas of the city ,s1 involves excessive noise l c impacts creates noise pol “ lution within such area ID and when occunng in or 12 near vehicular traffic pre c't sents a danger to traffic d safety and 9 WHEREAS technology 6 has allowed the prolifera tion of commercially acces oisible types of audio ii equipment both portable 9 and installed in motor vehi cies which can be ampli p fied so as to produce excessive noise which can be clearly heard seventy i, five (75) feet or more from the source of the sound o and a WHEREAS the City Coun cil finds that excessive noise being generated from _ such equipment is a public nuisance and constitutes a 1 public disturbance noise Ji now therefore ,,, THE CITY COU NCIL COOFU NPCA C OF ;7 WASHINGTON DO OR f-a DAINES AS FOLLOWS I Section 1 Section 9 61 020 of the Pasco Mu- - nicipal Code is hereby I, amended as shown by the rc underlined language to L read as follows 74 9 61 020 PUBLIC DISTUR- f BANCE NOISE PROHIB- ITED No person whether or not that person is in ac- tual possession of the noise source shall create con- tinue or cause to be cre ated or continued or allow to be created or continued any public disturbance noise Public Disturbance Noise means any noise which (A) Is specifically included in but not I meted to those listed in this section or ,(B) That unreasonably dis ' turbs or interferes with the peace comfort and repose of owners or occupants of real property and causes a I noise complaint to be re F ported by two or more per I sons occupying separate I residences neither of which 1 residence is within the , same property boundaries I Public disturbance noises , for the purposes of this sec- , bon shall include but shall I not be limited to the follow- , mg specificed sounds and I are also subject to regula I tion under the provisions of 'Section 9 61 010 of this Lchanter f listed in this section or (B) That unreasonably dis turbs or interferes with the peace comfort and repose of owners or occupants of real property and causes a noise complaint to be re ported by two or more per sons occupying separate residences neither of which residence is within the same property boundaries Public disturbance noises for the purposes of this sec tion shall include but shall not be limited to the follow ing specificed sounds and are also subject to regula- tion under the provisions of Section 9 61 010 of this Chapter 1 Any sound made by the use of a musical instru ment whistle sound ampli fier juke box radio television or other similar device which eminates from a building structure or property between the hours of 10 00 pm and 7 00 a m and is received within a residential district 2 Any sound made by the unamplified human voice which eminates from a building structure or prop erty between the hours of 10 00 pm and 700 am and is received within a res idential district 3 Frequent repetitive or continuous sounds made by any animal which emi 'nates from a building structure or property and is received within a resi dential district , 4 Any sound made by the discharge gasses from an , internal combustion enginel I except through a muffler l 5 Any sound made by the operation of any motorcy cle motorbike off road or terrain vehicle in the city on I any property not a part of the street system of the city when such motorcycle mo torbike off road or terrain ' vehicle does not conform to the muffler standard re quired fbr operation on the public streets 6 Any sound made by a horn or other similar signal ing device attached to a motor vehicle expect when reasonably necessary to in sure safe operation as per mated in RCW 46 37 380 7 Any sound made by a loud speaker or sound am plifier exterior to any build ing for commercial advertising or sales pur poses or for attracting the attention of the public to any performance show or other event 8 Any sound which is audi ble at any school other in stitution of learning court hospital nursing or conva lescent facility or other area where exceptional quiet is necessary pro vided signed or displayed in adjacent or contiguous streets indicating that the area is a quiet zone - 9 Any sound made by the construction excavation repair demolition destruc tion or alteration of any building property or upon any building site between the hours of 10 00 p m and 7 00 a m and is received within a residential district 10 Any sound made by op rerating or permitting the op eration of any mechanically powered saw drill sander grinder lawn or garden tool or air conditioner fan or blower or similar device used in residential areas, between the hours of 10 00 p m and 7 00 a m the fol lowing day so as to cause a noise disturbance across a residential boundary 11 Any sound made by speaker sound amplifier or motor vehicle audio system exterior to the passenger sitting compartment of a motor vehicle on a public street or highway (any where within the right of right thereof) of a commer cial radio station broadcast or music from an audio tape cassette compact disc or other recording medium 12 Any sound from a motor vehicle audio system such as tape players radios and compact disc players oper ated at a volume and under conditions so as to be audi ble greater than seventy five (75) feet from the vehi cle itself 13 Any sound from porta ble audio equipment such as a radio tape player or compact disc player which is operated at such a vol ume so as to be audible at a distance of seventy-five (75) feet or more from the source of the sound Section 2 This ordinance shall take effect five days after passage and publics tI°n PASSED this 7 day of Au gust and APPROVED by the Mayor s Ed Hendler Mayor ATTEST Evelyn Wells City Clerk APPROVED AS TO FORM G A Rubstello City Attorney #8861 - 8/11/89 August 8, 1989 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance Nos. 2734 through 2735 on the following date: August 11, 1989 Please publish Resolution Nos. 1881 and 1882 on the following dates: August 16th and 23, 1989 Please send two (2) Affidavits of Publication for each. Sincerely, Evelyn Wells City Clerk ew ,lt