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. Definitions.
   For purposes of this section, the following words shall have the prescribed meanings:

   1. “Ambient sound” means the sound level at a given location that exists as a result of the combined contribution in that location of all sound sources, excluding the contribution of a source or sources under investigation for violation of this code and excluding the contribution of extraneous sound sources. For purposes of the enforcement of this code, the ambient sound level of a given location may be determined based upon measurements taken at a comparable site (which includes but is not limited to comparable physical locations and time of day) in the nearby area.

   2. “dB (A)” means the sound level as measured with a sound level meter using the "A" weighting network. This frequency-weighting network for the measurement of sound levels shall comply with standards established by the American National Standards Institute specifications for sound level meters S1.4-1971, as amended or S1.4-1983, as amended.

   3. “Decibel” (dB) means the practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to twenty times the logarithm to the base ten of the ratio of the sound pressure to the pressure of a reference sound (twenty micropascals); abbreviated "dB."

   4. “Extraneous sound” means a sound that is relatively intense, intermittent, and of short duration and is neither part of the ambient sound, nor comes from the sound source under investigation. These sources of sound are noted but excluded from all measurements.

   5. “Performer” means an artist who engages in any constitutionally-protected expressive activities on a “public right-of-way,” including but not limited to the following: acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reading, puppetry, sidewalk art, and reciting.

   6. “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.

   7. “Sound source” means any activity or devise that emits sound.
       
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.

   1. 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.

   2. A violation caused by sounds in violation of SMC 10.08.020(G) shall constitute a class 2 civil infraction. No person shall be cited for a violation of this section unless the person engaged in the prohibited conduct has been notified by a law enforcement officer that the conduct violates this chapter and has been given an opportunity to comply and has refused to comply. If the individual fails to comply, a law enforcement officer may then issue a citation under this section.
       

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. Sounds associated with the exercise of constitutionally protected expressive activities which do not exceed the ambient sound level where the activities occur by ten dBA for outdoor activities and six dBA for indoor activities between the hours of seven a.m. and ten p.m. Between the hours of ten p.m. and seven a.m., the decibel readings above the ambient level shall be reduced to five dBA for outdoor activities and three dBA for indoor activities. Constitutionally protected expressive activities shall include performers as defined in SMC 10.08.020(B). The content of the activity shall not be considered in determining a violation.
       

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 the director 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. sounds at issue were associated with the exercise of constitutionally protected expressive activities and in compliance with the sound levels permitted under SMC 10.08.020(G).
       
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, January 11, 2010

Effective Date: Saturday, February 13, 2010

Ordinance C34540 Section 1