The URL can be used to link to this page

Home My WebLink About03-20-2006 ITEM VIII-A-4C ITY OF x AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Ordinance No. 6010 Date: March 15, 2006 Department: Attachments: Ordinance No. 6010 Budget Impact: Legal Administrative Recommendation: City Council introduce and adopt Ordinance No. 6010. Background Summary: There are some areas in the City where large vehicles have been the subject of complaints by neighbors not only in terms of where vehicles have been parked but also the noises that might be associated with larger vehicles (distinguished from regular family -type motor vehicles). In fact there are already existing restrictions in terms of parking larger vehicles on city streets including in residential areas but where a vehicle, even a larger vehicle, is parked on the owner's property, the City does not have regulations that prohibit that. However, if operating those larger vehicles necessitates noise or other facets of their operations that interferes with the quiet enjoyment of the neighborhood, it is something that could be of concerns. It is therefore appropriate for the City Council to consider amended its City Code to address noise/time restrictions or certain types of conduct which if subject of complaints could be addressed through City Code enforcement. This amendment seeks to address specific complaints where ongoing repetitive noise is associated with larger vehicles is of concern to neighborhoods. 01.8 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board [_]Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Cerino Staff: Heid Meeting Date: March 20, 2006 1 Item Number: VIII.A.4 -AUBURN* MORE THAN YOU IMAGINED ORDINANCE NO. 6 0 1 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 8.28.010 OF THE AUBURN CITY CODE RELATING TO NOISE CONTROL WHEREAS, the City Code currently provides regulations that address certain types of noise problems and the public nuisances created by those noises in certain locations and with respect to certain types of activities; and WHEREAS, one of the areas that is not currently adequately addressed is the concerns regarding vehicle noises other than horns, brakes, etc. already covered; and WHEREAS, it would be appropriate for the code to address the ongoing, repetitive nature of certain types of vehicle noises that do cause interference to adjoining, neighboring and residential uses; and WHEREAS, it is also appropriate to specify in the terms of exclusion that the exclusions do not include public safety training activities between the hours of 7:00 a.m. and 11:00 p.m. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 8.28.010 of the Auburn City Code be and the same hereby is amended to read as follows: Ordinance 6010 March 15, 2006 Page 1 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. 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, then 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 Ordinance 6010 March 15, 2006 Page 2 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 lawnmowers, powered hand tools, snow removal equipment and any other power motorized equipment 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; 10. Continuing and/or on-going sounds from non -emergency motor vehicles, audible more than twenty-five feet awav from the vehicle located on or in the vicinity of residential property, which sounds reasonably cause the annoyance or disturbance of two or more neighbors not residing at the same address, due to the on-going or repetitive nature of the sounds or the very early or very late hours of the sounds. For the purposes hereof, sounds coming from motor vehicles, including but not limited to engine sounds horn sounds hydraulic or air break sounds, or other equipment located on the motor vehicle or attached trailer, that are audible more than twenty-five feet away from the vehicle located on or in the vicinity of residential property, after 10:00 p.m. at night or before 6:30 a.m. shall be presumed to be a public disturbance noise. Such presumption shall only be rebutted upon a showing before the adiudicatory body that the noise was caused by circumstances of an unforeseen and emergency nature. C. It is also unlawful, and a violation of this chapter, for the owner or other person having control or custody of any dog, cat, or other animal to allow such dog, cat, or other animal to habitually howl, yelp, bark, or make other noises which unreasonably disturb another person. 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. This chapter shall also not apply to public safety training activities between the hours of 7:00 a.m. and 11:00 p.m. (Ord. 5899 § 1, 2005; Ord. 5658 § 1, 2002; 1957 code § 9.10.010.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance 6010 March 15, 2006 Page 3 Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. DATED and SIGNED this day of 12006. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR Ordinance 6010 March 15, 2006 Page 4 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Hei City Attorney Published: Ordinance 6010 March 15, 2006 Page 5