The URL can be used to link to this page

Home My WebLink About5899 ORDINANCE NO.5 8 9 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 8.28 OF THE AUBURN CITY CODE RELATING TO NOISE CONTROL WHEREAS, the City of Auburn is responsible for regulations affecting health and general welfare of the community; and, WHEREAS, among the types of conduct and activity affecting health and welfare of the community and imposing annoyance or disruption of the peace and quiet of the community would be those activities generating noise; and, WHEREAS, among the types of noises that can disturb neighborhoods are loud, recurring animal noises; and, WHEREAS, in order to provide for a more effective noise control ordinance in the City, enforceable by City police and code enforcement officers, it is appropriate to amend the current noise control provisions of the Auburn City Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as Follows: Section 1. Code Amendment. That Chapter 8.28 of the Auburn City Code is hereby amended as follows: Chapter 8.28 NOISE Sections: 8.28.010 8.28.020 Noise control. Violation - Penalty. 8.28.010 Noise control. A. General Prohibition. It is unlawful for any person to cause, or for any person who owns or occupies property to allow to originate from the property, sound that is a public disturbance noise. - - - - - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 5899 January 31,2005 Page 1 B. Public Disturbances. The following sounds are public disturbance noises in violation of this chapter: 1. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law; 2. 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 and comfort of owners or occupants of real property; 3. Yelling, shouting, whistling or singing on or near public streets, particularly between the hours of 10:00 p.m. and 8:00 a.m. or at any time and place as to unreasonably disturb or interfere with the peace and comfort of owners or occupants of real property; 4. The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment or condominium, which unreasonably disturb or interfere with the peace and comfort of owners or occupants of real property, such as sounds from musical instruments, audio sound systems, band sessions or social gatherings; 5. Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself; 6. Sound from portable audio equipment, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source and not operated upon the property of the operator, and if operated on the property of the operator, than so as to be audible greater than 50 feet from the boundary of the property; 7. The squealing, screeching or other such sounds from motor vehicle tires in contact with the ground or other roadway surface because of rapid acceleration, braking or excessive speed around corners or because of such other reason; provided, that sounds which result from actions which are necessary to avoid danger shall be exempt from this section; 8. Sounds originating from construction sites, including but not limited to sounds from construction equipment, power tools and hammering between the hours of 10:00 p.m. and 7:00 a.m. on any day of the week except Sunday and 10:00 p.m. and 9:00 a.m. on Sundays; 9. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances, including but not limited to sounds from lawn mowers, powered hand tools, snow removal equipment and com posters between the hours of 10:00 p.m. and 7:00 a.m. on any day of the week except Sunday and 10:00 p.m. and 9:00 a.m. on Sundays. C. It is also unlawful. and a violation of this Chapter, for the owner or other person havinq control or custodv of any doq. cat, or other animal to allow such dOQ, cat, or other animal to habitually howl. yelp, bark. or make other noises which unreasonably disturb another person. - - - - - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 5899 January 31, 2005 Page 2 D. Exclusion. This chapter shall not apply to community events such as parades or regularly scheduled events at parks, such as public address systems for baseball games or park concerts between the hours of 9:00 a.m. and 11 :00 p.m. This chapter shall not apply to fireworks lawfully discharged within the city. (Ord. 5658 § 1, 2002; 1957 code § 9.10.010.) 8.28.020 Violation - Penalty. Any person who violates the provisions of this chapter shall be subject to a civil penalty of up to $250.00; provided, that the penalty for a second or subsequent violation within a two-year period shall be a civil penalty of up to $500.00. (Ord. 5658 § 1, 2002; 1957 code § 9.10.010.) Section 2. Constitutionalitv or Invalidity. If any section, subsection, clause, phrase, or sentence, of this Ordinance, is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality of the remaining portions of this ordinance, as it is being hereby expressly declared that this ordinance and each section, subsections, clause, phrase, or sentence, hereof would have been prepared, proposed, adopted, and approved and ratified irrespective of the fact that anyone or more section, subsection, clause, phase, or sentence, be declared invalid or unconstitutional. Section 3. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after passage, approval, and publication as provided by law. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. INTRODUCED: FEB - 7 200i PASSED: FEB - 7 200S APPROVED: FEB - 7 200S" ~:s -=; MAYOR - - - - - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 5899 January 31, 2005 Page 3 ATTEST: Ak¡¡'ìi Danielle E. Daskam, City Clerk PUBLISHED: ~ \õ l\ \ U C'.:::. - - - - - - - - - - - - - - - - - - - - - - - - - - Ordinance No. 5899 January 31,2005 Page 4