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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 -1- 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. -2- 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.