1937 - Ordinance - Amending 9.24.050 Relating to Noise RegulationORDINANCE NO. 1937
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING § 9.24.050 OF THE PORT ORCHARD MUNICIPAL CODE
RELATING TO NOISE REGULATION.
WHEREAS, the City Council has assigned to a Council Committee responsibility for doing a
comprehensive review of the City's noise regulations, now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Ordinance No. 1824 is repealed in its entirety.
SECTION 2. Port Orchard Municipal Code Chapter 9.24.050 Public Disturbance Noises —
Nuisances of Ordinance No. 1724 is hereby amended to read as follows.
(1) It is unlawful for any person to cause, or for any person in possession of property to
allow to originate from that property, sound that is a public disturbance noise. The following
sounds are determined to be public disturbance noises and constitutes a nuisance to the
public:
(a) The frequent, repetitive or continuous sounding of a horn or siren attached to
a motor vehicle, except as provided in subsection (2) and subsection (3); or
(b) The creation of frequent, repetitive or continuous sounds in connection with
the starting, operation, repair, rebuilding or testing of any motor vehicle,
motorcycle, off -highway vehicle, or internal combustion engine within a
residential district so as to unreasonably disturb or interfere with the peace,
comfort and repose of owners or possessors of real property; or
(c) The operation of any mechanically powered saw, drill, grinder, blower, fan,
garden tool, or similar device, except as provided in subsection (3); or
(d) The starting, operation or testing of construction equipment, such as but not
limited to backhoes, excavators, chain saws, and bulldozers, except as
provided in subsection (3); or
(e) Yelling, shouting, hooting, whistling or singing on or near the public streets,
particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time
and place so as to unreasonably disturb or interfere with the peace, comfort
and repose of owners or possessors of real property; or
(f) Frequent, repetitive or continuous noise made by any animal which
unreasonably disturbs or interferes with peace, comfort and repose of
property owners or possessors, except that such noise shall be exempt
when originating from lawfully operated animal shelters, kennels, pet shops,
veterinary clinics, and police service dogs; or
(g) The creation of frequent, repetitive, or continuous sounds which emanate
from any building, structure, apartment or condominium which
unreasonably disturbs or interferes with the peace, comfort and repose of
owners or possessors of real property, such as sounds from musical
instruments, audio sound systems, band sessions or social gatherings,
particularly after the hours of 11:00 p.m. and before 7:00 a.m. or at any time
and place so as to unreasonably disturb or interfere with the peace, comfort
and repose of owners or possessors of real property; unless so authorized
by a special permit issued by the City of Port Orchard; or
Ordinance No. 1937
Page 2 of 3
(h) Sound from motor vehicle audio sound systems, such as tape players, radios
and compact disc players, operated at a volume as to be audible greater
than 50 feet from the vehicle itself; or
(i) Sound from portable audio equipment, such as tape players, radios and
compact disc players, operated at a volume as to be audible greater than 50
feet from the source.
(2) The foregoing enumeration of acts and noises shall not be construed as excluding
other acts and noises, which offend the public peace.
Noises exempt — at all times.
(a) Noise created by fire alarms being used as such;
(b) Noise caused by the emergency repair or routine maintenance of any public
facility, utility, or street;
(c) Noise created by emergency equipment and vehicles necessary for law
enforcement or for the health, safety and welfare of the community, when
used for these purposes;
(d) Noise created by lawn care or similar equipment used at any recognized golf
course facility for the preparation of the course for play, where such
preparation cannot reasonably be done during daytime hours;
(e) Noise created by organized sporting events held at any city owned park;
(f) Noise created by warning devices, provided the devices do not operate
continuously for more than five minutes per incident;
(g) Noise created by safety and protective devices, where noise suppression
would defeat the safety purpose of the device;
(h) Noise created by the legal discharge of fireworks as provided in POMC
5.60.050;
(i) Noise created by the normal operation, on public highways, of motor
vehicles. Vehicles operated in violation of RCW Chapter 46.37 or POMC
10.84.040 shall be prosecuted in accordance with the provisions of that
chapter or ordinance.
(3) Noises exempt — Daytime Hours. The following noises shall be exempt from the
provisions of this chapter, during the hours of 7:00 a.m. to 9:00 p.m. Monday through Friday,
and 8:00 a.m. to 9:00 p.m. on Saturday, Sunday, New Years Day, Martin Luther King Day,
Presidents Day. Memorial Day. Independence Day. Labor Day. Veterans Day.
Thanksgiving, and Christmas
(a) Noise created by the discharge of firearms on City Police Department
authorized shooting ranges, unless other hours, outside of those defined in
this section, are specifically approved by the Chief of Police on a temporary
basis;
(b) The starting, operation or testing of construction equipment, unless other
hours, outside of those defined in this section, are specifically approved by
the City of Port Orchard Public Works Department;
(c) Noise created by powered equipment used in temporary or periodic
maintenance or repair of property, including but not limited to grounds and
appurtenances, such as lawnmowers, powered hand tools, and composters.
Ordinance No. 1937
Page 3 of 3
(4) Bells, Chimes or Carillons:
(a) The operation of bells, chimes or carillons shall be exempt from the
provisions of this chapter, during the following hours, except no time
limit shall be imposed during holiday seasons;
TIME OF YEAR
Day after Labor Day
to May 1"
May 2ntl to Labor Day
MONDAY
THROUGH
FRIDAY
8:00 AM to 8:00 PM
8:00 AM to 9:00 PM
SATURDAY
AND
SUNDAY
9:00 AM to 8:00 PM
9:00 AM to 9:00 PM
(b) Bells, chimes, or carillons shall not operate for more than ten (10) minutes in
any one hour, except during holiday seasons or when approved by the city
council for community events or special activities.
(5) Enforcement. The Chief of Police of the Port Orchard Police Department and all
duly appointed and commissioned police officers are authorized and directed to administer
and enforce the provisions of this chapter.
(6) Penalty. Public disturbance noises is a civil infraction punishable by a $250.00 fine.
SECTION 3. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or
effectiveness of the remaining portions of this ordinance.
SECTION 4. This Ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as
authorized by State law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested
by the Clerk in authentication of such passage this 12T" day of April 2004.
ATTEST:
Carol Etg n, City Clerk
APPROVED AS TO FORM:
City Attorney
KIM E. ABEL, MAYOR
Sponsored by:
Todd Cramer. Councilmember
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held March 22, 2004.
ORDINANCE NO. 1937
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
AMENDING § 9.24.050 OF THE PORT ORCHARD MUNICIPAL CODE
RELATING TO NOISE REGULATION.
Copies of Ordinance No. 1937 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 1937 will be
provided at a nominal charge.
Cit of Port
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
April 17, 2004
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