HomeMy WebLinkAboutResolution 91-075-CCGRANT COUNTY CODE
ORDINANCE NUMBER 91 -75 -CC
RESOLUTION NUMBER 91 -75 -CC
NOISE DISTURBANCES
SECTION: 1 Noise Disturbances Prohibited
2 Exemptions
3 Violation -Misdemeanor
4 Civil Infractions
5 Severability
Section 1. Noise Disturbances Prohibited. It is unlawful for any person to make,
continue, cause to be made, or to allow to originate from real property in the possession
of said person, and sound which creates a noise disturbance. For the purposes of this
section, the following sounds are hereby declared to be noise disturbances:
(1) Sounds created by use of a radio, television set, musical instrument,
sound amplifier or any other device capable of producing or
reproducing sound, which emanate frequently, repetitively, or
continuously from any building, structure, or property located within
a building, structure, or property located within a residential area,
and which annoy or disturb the peace, comfort, or repose of a
reasonable person of normal sensitivity.
(2) Any other sound occurring frequently, repetitively, or continuously
which annoys or disturbs the peace, comfort, or repose of a
reasonable person of normal sensitivity. This section shall not apply
to noncommercial public speaking and public assembly activities
conducted on any public space or public right-of-way for which a
permit has been obtained.
Section 2. Exemptions.
A. The following shall be exempt from the provisions of Section 1:
(1) Sounds created by motor vehicles when regulated by Chapter 173-
62 WAC.
(2) Sounds originating from aircraft in flight and sounds that originate at
airports which are directly related to flight operations.
(3) Sounds created by surface carrier engaged in commerce or
passenger travel by railroad.
(4) Sounds created by warning devices not operating continuously for
more than five (5) minutes, or bells, chimes or carillons.
(5) Sounds created by safety and protective devices where noise
suppression would defeat the intent of the device or is not
economically feasible.
(6) Sounds created by emergency equipment and work necessary in
the interest of law enforcement or for health, safety or welfare of the
community.
(7) Sounds originating from motor vehicle racing events at existing
authorized facilities.
(8) Sounds originating from officially sanctioned parades and other
public events.
(9) Sounds emitting from petroleum refinery boilers during start-up of
said boilers; provided that the start-up operation is performed
during daytime hours whenever possible.
(10) Sounds created by watercraft, except to the extent that they are
regulated by other County ordinances.
(11) Sounds created by the discharge of firearms in the course of
hunting.
(12) Sounds created by motor vehicles licensed or unlicensed when
operated off public highways, except when such sounds are made
in or adjacent to residential property where human beings reside or
sleep.
(13) Sounds originating from existing natural gas transmission and
distribution facilities.
(14) Sounds created in conjunction with public work projects or public
work maintenance operations executed at the cost of the federal
government, state or municipality.
(15) Sounds created in conjunction with the collection of solid wastes.
(16) Sounds created in conjunction with military operations or training.
(17) Sounds originating from organized activities occurring in public
parks, playgrounds, gymnasiums, swimming pools, and other public
recreational facilities during hours of operation.
(18) Sounds originating from agricultural activities.
B. The following shall be exempt from the provisions of Section 1 between the hours
of 7:00 o'clock a.m. and 10:00 o'clock p.m.:
(1) Sounds originating from residential property relating to temporary
projects for the repair or maintenance of homes, grounds and
appurtenances.
(2) Sounds created by the discharge of firearms on shooting ranges,
and casual target practice.
(3) Sounds created by blasting.
(4) Sounds created by aircraft engine testing and maintenance not
related to flight operations: Provided, that aircraft testing and
maintenance shall be conducted at remote sites whenever possible.
(5) Sounds created by the installation or repair of essential utility
services.
C. The following shall be exempt from the provisions of Section 1 between the hours
of 7:00 o'clock a.m. and 10:00 o'clock p.m., or when conducted beyond 1,000
feet of any residence where human beings reside and sleep at any hours:
(1) Sounds originating from temporary construction sites as a result of
construction activity.
(2) Sounds originating from forest harvesting; and silvicultural activity.
(3) Sounds originating from the quarrying, blasting and mining of
minerals or materials, including but not limited to, sand, gravel, rock
and clay, as well as the primary reduction and processing of
minerals or materials for concrete batching, asphalt mixing, and rock
crushers.
(4) Sounds originating from uses on properties which have been
specifically conditioned to meet certain noise standards by an
appropriate Grant County Hearing Body.
Section 3. Violation -Misdemeanor. Any person violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be
punished by imprisonment in the Grant County Jail for a period of not more than ninety
(90) days, or by a fine of not more than $1,000.00, or by both such imprisonment and
fine.
Section 4. Civil Infraction. In addition to, or as an alternative to, those provisions set
forth in Section 3, a violation of any of the provisions of this chapter shall constitute a
civil infraction, subject to a monetary penalty in the amount of $50.00 per day for each
violation. Each such violation shall be a separate and distinct offense, and in case of a
continuing violation, each day's continuance shall be a separate and distinct violation.
The procedures for issuance of a Notice of Infraction, hearings, assessment and
payment of monetary penalties, shall be in accordance with the provisions of chapter
7.80 of the Revised Code of Washington. Hearings on Notices of Infractions issued
pursuant to this section shall be held in the Grant County District court.
Section 5. Severability. If any provision of this chapter is held invalid or unconstitutional,
the remainder of the chapter shall not be affected thereby.
Approved as to form by Prosecutor John Knodell
Dated this 10th day of June,1991
BOARD OF COUNTY COMMISSIONERS
ATTEST: GRANT OUNTY, WASHINGTON
a A.*U 4 AA
Clerk Ike Board `` ,Chairma
fn