HomeMy WebLinkAbout5658ORDINANCE NO. 5 6 5 8
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, because of the negative impacts of excessive or uncontrolled noise,
noise regulation is routinely included among those areas regulated by municipalities,
and noise control regulation would similarly be appropriate for the City of Auburn; and,
WHEREAS, in order to provide for a more effective noise control ordinance in the
City, it is also 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:
Sections:
8.28.010
8.28.020
Chapter 8.28
NOISE
Prohibitions. Noise Control.
Violation - Penalty.
Ordinance No. 5658
May 6, 2002
Page 1
8.28.010 Prohibitions. Noise Control.
(1) General Prohibition. It is unla~ul for any person to cause, or for any
person who owns or occupies prope~v to allow to oriqinate from the prope~v, sound
that is a public disturbance noise.
(2) Public Disturbances. The followinq sounds are public disturbance noises
in violation of this a~icle:
(a) The frequent, repetitive or continuous soundinq of any horn or siren
~ttached to a motor vehicle, except as a warninq of danqer or ~s specifically permitted
or required by law.
(b) The creation of frequent, repetitive or continuous sounds in
connection with the stadinq, operation, repair, rebuildinfl or testinq of ~ny motor vehicle,
motorcycle, off-hi~hway vehicle or internal combustion enqine within a residential
district, so ~s to unreasonably disturb or inte~ere with the peace and comfod of owners
or occupants of real properly.
(c) Yellinq, shoutinfl, whistlin~ or sinflinfl on or near public streets,
pa~icularly between the hours of 10:00 p.m. and 8:00 a.m. or at any time ~nd place as
to unreasonably disturb or inte~ere with the peace and comfo~ of owners or occupant~
of real prope~y.
(d) The creation of frequent, repetitive or continuous sounds which
emanate from any buildinq, structure, apadment or condominium, which unreasonably
disturbs or inte~eres with the peace and comfo~ of owners or occupants of real
prope~v, such ~s sounds from musical instruments, audio sound systems, band
sessions or social flatherinqs.
(e) Sound from motor vehicle audio sound s~stems, such as tape
pla~ers, radios and compact disc players, operated ~t a volume so as to be audible
~reater than 50 feet from the vehicle itself.
(f) Sound from podable audio equipment, such as tape plaTers, radios
and compact disc players, operated at a volume so as to be audible fire,ret than 50 fe~t
from the source ~nd not operated upon the prope~ of the operator, and if operated on
the properly of the operator, than so as to be audible flreater than fi~7 feet from the
bounda~ of the prope~y.
(g) The squealin~, screechin~ or other such sounds from motor vehicle
tires in contact with the flround or other roadway su6ace because of r~pid acceleration,
br~kin~ or excessive speed around corners or because of such other reason, provided
that sounds which result from actions which are necessa~ to avoid d~nqer shall be
exempt from this section.
Ordinance No. 5658
May 6, 2002
Page 2
(h) Sounds oriqinating from construction sites, including but not limited
to sounds from construction equipment, power tools and hammerinq 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.
(i) 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 composters 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 Sunday..s,
(3) Exclusion. This chapter shall not apply to community events such as
parades or reqularly 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. (1957 code §
9.10.010.)
8.28.020 Violation - Penalty.
~,, .... m .... *~ ~f ........ *~- An person w~o violates t~e provisions of t~is
Ghapter shall be sub,oct to a civil penaltv of up to $250; provided that the Donaltv for a
socond or subsoquont violation within a ~o-goar poriod shall bo a civil penaltg of up to
$500. (~57 codo ~ 0.~0.0~0.)
Section 2. Constitutionality 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 any one 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.
Ordinance No. 5658
May 6, 2002
Page 3
Section 4. Implementation.
administrative procedures as may
legislation.
ATTEST:
Da~nielle E. Daskam,
City Clerk
The Mayor is hereby authorized to implement such
be necessary to carry out the directives of this
INTRODUCED: May 6, 20o2
PASSED:
May 6, 2002
APPROVED: May 6, 2002
MAYOR
City Attorney
PUBLISHED:
O~inance No. 5658
May 6,2002
Page 4