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
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AUG 1 7 1989
MACE DEPT.
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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
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