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HomeMy WebLinkAbout6010 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 20, 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 20, 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 lawn mowers, 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. Continuinq and/or on-qoinq sounds from non-emerqenCV motor vehicles. audible more than twentv-five feet awav from the vehicle located on or in the vicinitv of residential propertv, which sounds reasonablv cause the annovance or disturbance of two or more neiqhbors not residinq at the same address, due to the on-qoinq or repetitive nature of the sounds, or the very earlv or very late hours of the sounds. For the purposes hereof. sounds cominq from motor vehicles, includinq but not limited to enqine sounds, horn sounds, hvdraulic or air break sounds, or other equipment located on the motor vehicle or attached trailer, that are audible more than twentv-five feet awav from the vehicle located on or in the vicinitv of residential propertv, after 10:00 p.m. at niqht or before 7:00 a.m. on anv dav of the week except Sundav and after 10:00 p.m. at niqht or before 9:00 a.m. on Sundavs, shall be presumed to be a public disturbance noise. Such presumption shall onlv be rebutted upon a showinq before the adiudicatory bod v that the noise was caused bv circumstances of an unforeseen and emerqencv 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 applv to public safetv traininq activities between the hours of 7:00 a.m. and 11 :00 p.m. (Ord. 5899 9 1,2005; Ord. 56589 1,2002; 1957 code 9 9.10.010.) Ordinance 6010 March 20, 2006 Page 3 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. Section 3. Severabilitv. 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. INTRODUCED: PASSED: APPROVED: MAR 2 0 2006 MAR 2 (} 2006 MAR 2 I} 2006 \\~:~RN PETER B. LEWIS MAYOR ---- ~ Ordinance 6010 March 20, 2006 Page 4 ATTEST: / U24u9Y !)fJCkI!t1~~ Dar1telle E. Daskam, City Clerk a . I . Heid, City Attorney Published: ,3- 2 V- 0 (p Ordinance 6010 March 20, 2006 Page 5