Title 10 Regulation of Activities

Division I: Penal Code

Chapter 10.08 Offenses Against Public Health

Article I: In General

1. Purpose.
   The purpose of this section is to control the:

   1. level of noise in a manner which promotes the public health, safety and welfare;

   2. use, value and enjoyment of property;

   3. quality of the environment;

   4. commerce; and

   5. sleep and repose.

   The City of Spokane declares that “public disturbance noise”, as defined by this section, is a public nuisance.
    

2. Definition.
   A “public disturbance noise” means:

   1. a noise a person causes or permits, which originates from the real or personal property of any person, while the person is in possession or control of such property; and

   2. which noise unreasonably disturbs or interferes with the peace, comfort and repose of a reasonable person of ordinary sensitivities, including owners or possessors of real property.

   Unless otherwise specified, the public disturbance noise provisions of this section are applicable twenty-four hours a day.
    

3. Public Disturbance Noise.
   It is unlawful for any person to cause or permit, or for any person in possession or control of real or personal property to allow to originate from such property, sound that is a public disturbance noise.
    

4. A “public disturbance noise” includes, but is not limited to, the following sounds that unreasonably disturb or interfere with the peace, comfort and repose of a reasonable person of ordinary sensitivities:

   1. The frequent, repetitive and/or continuous sounding of any horn, siren or alarm attached to a motor vehicle, except when used as a warning of danger or as specifically permitted or required by law.

   2. The creation of frequent, repetitive and/or continuous sounds in connection with the starting, operation, repair, rebuilding and/or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential zone.

   3. The frequent, repetitive and/or continuous yelling, shouting, whistling, singing or other vocal noises on or near the public streets, between the hours of ten p.m. and seven a.m.

   4. The creation of frequent, repetitive and/or continuous sounds which emanate from real or personal property, such as sounds from audio equipment, video equipment, musical instruments, band sessions and/or social gatherings, which are audible at a distance greater than fifty feet from the source of such sounds at any time.

   5. The creation of frequent, repetitive and/or continuous sounds which emanate from, are caused by or are associated with the operation of construction equipment, between the hours of ten p.m. and six a.m.

   6. Sound caused by operating or playing, or permitting the operating or playing, of motor vehicle audio equipment such as tape players, radios and compact disc players, whether portable or stationary or mounted on or within a motor vehicle, operated at a volume so as to be audible at a distance greater than fifty feet from the motor vehicle itself; and/or

   7. Sounds caused by the use of fireworks or other blasting devices without the appropriate permits.
       

5. Noises, including those that constitute public disturbance noises under subsection (B) and/or (D) of this section also constitute a public disturbance noise if the decibel level caused by the noise exceeds those levels established in WAC 173-60-040 and if the noises are not exempt under WAC 173-60-050. For purposes of the regulation of public disturbance noises, the environmental designation for noise abatement (EDNA) is as follows:

   1. Residential zones, commercial zones and industrial zones are designated as class A EDNA, class B EDNA and class C EDNA, respectively.

   2. Areas with multiple zoning or mixed-use classifications are designated with the less restrictive zoning designation with industrial use being the less restrictive and residential use being the more restrictive.

   Decibel levels will be taken from the complaining party’s property or, if there is no complaining party, from the public right-of-way closest to the source of the noise.
    

6. Penalty.
   A violation of subsection (B), (D) or (E) of this section is a misdemeanor, the maximum penalty for which shall be ninety days in jail or a fine of one thousand dollars, or both such fine and imprisonment.

   1. Upon the first conviction, the court shall impose a minimum mandatory fine of five hundred dollars, of which two hundred fifty dollars shall not be suspended or deferred.

   2. Upon a subsequent conviction, the court shall impose a minimum mandatory fine of seven hundred dollars, of which four hundred dollars shall not be suspended or deferred.

   3. Mandated minimums shall include statutory costs and assessments.
       

7. Exemptions.
   The following sounds are exempt from the provisions of this chapter:

   1. Sounds caused or created pursuant to an approved special events permit issued under chapter 10.39 SMC, or activities authorized by any permit issued by the City of Spokane, so long as the sounds are:

      1. inherent in the specific activities described in the application for such permit;

      2. caused or created at the location described in the application for such permit;

      3. caused or created during the time periods described in the application for such permit; and

      4. within the sound levels described in the application for such permit, or are at sound levels consistent with those inherent in the specific activities described in the application for such permit.

   2. Sounds created by the official operation of public safety emergency equipment.

   3. Yelling, shouting, whistling, singing or other vocal noises and/or sounds specifically related to other expressive conduct caused or created as an expression of, and as central to, a specific constitutionally protected message which the person creating such vocal noise of sound is attempting to deliver to some other person or persons.
       

8. Variance.

   1. A person may request a variance from compliance with this chapter by making an application with the director of public works and utilities at least five days before the time period for the variance is to take effect. The applicant shall explain the:

      1. nature of the noise,

      2. source of the noise,

      3. duration for which the noise shall be created,

      4. time period for which the variance will be required,

      5. reason why the noise violation cannot be avoided, and

      6. mitigating conditions the applicant will implement to minimize the noise level violations.

   2. The director, after informing the affected City departments, may issue a variance from this chapter if he determines that the noise level violations cannot be avoided, will exist for a specific period of time and have been mitigated to the greatest extent reasonably possible. The director shall issue a written decision indicating the time period and location restrictions for the variance.

   3. The person obtaining such written variance must have the written variance posted in a viewable area or on their person when such variance takes place.

   4. A decision of the director of public works and utilities regarding a request for a variance may be appealed to the hearing examiner within ten days of the director’s written decision.
       

9. Affirmative Defense.
   It is an affirmative defense to a charge of a violation of this section that the:

   1. noise at issue was created and/or caused during a period, at a location and at volume levels pursuant to the terms of a variance granted in accordance with the terms of subsection (G) of this section; or

   2. sounds at issue were caused or created pursuant to an approved special events permit issued under chapter 10.39 SMC, or activities authorized by any permit issued by the City of Spokane, so long as the sounds are:

      1. inherent in the specific activities;

      2. caused or created at the location;

      3. caused or created during the time periods; and

      4. within the sound levels described in the application for such permit, or are at sound levels consistent with those inherent in the specific activities

      described in the application for such permit;

   3. yelling, shouting, whistling, singing or other vocal noises, and/or other sounds at issue, were specifically related to expressive conduct caused or created as an expression of, and as central to, a specific constitutionally protected message which the person creating such vocal noises or other sound was attempting to deliver to some third person or persons.
       
10. Severability.
    If any provision of this section, or its application to any person or circumstances, is held invalid, the remainder of this section or the application of the provisions to other persons or circumstances is not affected.

Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

Recodification ORD C34041 Section 1