HomeMy WebLinkAbout2775 Ordinance2775 ORDINANCE NO.
AN ORDINANCE concerning noise abatement and clarifying the
intent of PMC 9.61.020 and providing for the amendment
thereof; and further amending PMC 9.61.050.
WHEREAS, it is the intent of PMC 9.61.020 that the public
disturbance noises defined therein may be proven and prosecuted
under either subsection (A) or (B). Prosecutions under
subsection (B) require the noise complaint to be reported by two
or more persons occupying separate residences, while prosecutions
under subsection (A) do not. To clarify the intent and
facilitate the clear meaning of the ordinance, the definition of
public disturbance noises should be an entirely separate
paragraph from subsection (B); and
WHEREAS, the City Council believes on recommendation of
the Chief of Police that enforcement of subsections 9.61.020(C)
5, 6, 11, 12 and 13 is unreasonably restricted by requiring the
complaint of an "identifiable person";
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. PMC 9.61.020 is hereby amended to read as
follows (new language is underlined, deletions are
interlineated):
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 sound which:
(A) is specifically included in, but not limited to,
those listed in thts subsection (C); 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
boundary;
(C) Public disturbance noises for the purposes of
this section shall include, but shall not be limited to,
the following specified 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 emanates 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 emanates from a building, structure or property
between the hours of 10:00 p.m. and 7:00 a.m. and is
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received within a residential district.
3. Frequent, repetitive or continuous sounds
made by any animal which emanates from a building,
structure, or property and is received within a
residential district.
4. Any sound made by the discharge of exhaust
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
standards required for operation on the public streets.
6. Any sound made by a horn or other similar
signaling device attached to a motor vehicle except 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, signs are
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.
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.
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APPROVED AS TO FORM:
City Clerk GgEG A. UBS LLO, City Attorney
_-Mayor
13. Any sound from portable audio equipment,
such as a radio, tape player or compact disc player,
which is operated at such a volume so as to be audible
at a distance of seventy-five (75) feet or more from the
source of the sound.
Section 2. PMC 9.61.050 is hereby amended to read as
follows (new language underlined):
9.61.050 ENFORCEMENT. Noise measurement is not
necessary for the enforcement of Section 9.61.020 of
this chapter. Noise measurement for the purpose of
enforcing the provisions of any section of this chapter
shall be measured in DB(A) with a sound level meter in
good operating condition, and properly calibrated.
Except for parks and recreation areas and 9.61.020(C) 5,
6, 11, 12, and 13, enforcement of Section 9.61.020
and 9.61.010 of this chapter shall be undertaken only
upon receipt of a complaint by an identifiable person
who resides, owns property, or is employed in the area
affected by the noise complained of. Whenever any
police officer commissioned by the City of Pasco or the
Code Enforcement Officer of the City, has reason to
believe that any person is in violation of Section
9.61.020 of this chapter, he shall, before the issuance
of a Notice of Infraction, notify such person of the
violation and request compliance with this chapter.
Failure of any person to cease after notification
thereof of any violation of Section 9.61.020 shall be
cause for the issuance of a Notice of Infraction.
Section 3. This Ordinance is necessary for the
immediate preservation of the public peace, health, and safety,
and shall take effect immediately.
RASSED by the City Council and APPROVED by the Mayor
this y day of May, 1990.