§ 8.06.090. Unnecessary noises.

(a)

Purpose. Inadequately controlled noise adversely affects the health, safety and welfare, the value of property, and the quality of the environment of the city. The purpose of this section is to provide limits for the control of noise in the city. The limits for the control of noise may be different than those adopted or controlled by the state department of ecology because of unique and special conditions peculiar to the city.

(b)

Unnecessary Noise Prohibited. No person shall make or continue, or cause to be made or continued, nor shall any person in possession of property, make, continue, or cause to be made or continued or, to allow to originate from the property, any sound which:

(1)

Is of such a volume as to be plainly audible within any dwelling unit which is not the source of the sound, or is generated within fifty (50) feet of any dwelling unit; and

(2)

The noise disturbs, injures, or endangers the comfort, repose, health, peace or safety of others. Sound which is plainly audible is sound that can be understood or identified.

(c)

Exemptions. The following sounds are exempt from the provisions of this section:

(1)

Sounds originating from aircraft in flight and sounds that originate at airports and are directly related to flight operations;

(2)

Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release intent of the device;

(3)

Sounds created by fire alarms;

(4)

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

(5)

Sounds created by auxiliary equipment on motor vehicles used for highway maintenance;

(6)

Sounds created by warning devices not operated continuously for more than thirty (30) minutes per incident;

(7)

Sounds created by the operation of equipment or facilities of surface carriers engaged in commerce by operating on the railroad;

(8)

Sounds created by construction or refuse removal equipment as approved by the city;

(9)

Sounds originating from officially sanctioned parades and other public events;

(10)

Sounds created by motor vehicles while being driven upon the public highways. Such motor vehicles are, nevertheless, subject to the provisions of WAC Chapter 173-62;

(11)

Sounds created by unamplified human voices from six o'clock a.m. to nine o'clock p.m.;

(12)

Sounds created by lawn and garden equipment from six o'clock a.m. to nine o'clock p.m.;

(13)

Sounds created by lawfully established commercial and industrial uses;

(14)

Sounds created by the noncommercial operation of chain saws from six o'clock a.m. to nine o'clock p.m.

The city council or its designee may, upon written application filed with the city clerk, grant a variance from the provisions of this section and authorize the issuance of a special permit for an activity when it finds that such variance is in the public interest, or when it finds the activity will have a substantial public participation.

Any person, firm or corporation who violates the provisions of this section shall be guilty of a misdemeanor, punishable by up to ninety (90) days in jail and a fine of up to one thousand dollars ($1,000.00).

(Ord. 1212, 1988: Ord. 771 § 1 (part), 1980)

(Ord. No. 2941 , § 1, 2-12-18)