HomeMy WebLinkAbout2612ORDINANCE NO. 2612
AN ORDINANCE of the City of Port Angeles,
Washington, relating to noise control; defining
a public disturbance noise emanating from
portable or motor vehicle audio equipment,
providing a penalty for violation thereof and
establishing Chapter 9.26, a new chapter of the
Port Angeles Municipal Code.
WHEREAS, excessive noise is a form of pollution which has
direct and harmful effects upon the health and welfare of persons
exposed to such sound, lowers the value of impacted properties and
generally adversely affects the livability, peace and comfort of
the impacted neighborhoods and the City as a whole; and
WHEREAS, due primarily to the sound characteristics and
manner of use, excessive noise from portable and motor vehicle
audio equipment such as tape players, radios and compact disc
players is a particularly disruptive form of noise pollution
involving said harmful effects and impacts upon persons, property,
neighborhoods and, when occurring in or near vehicular traffic,
such noise presents a danger to traffic safety; and
WHEREAS, excessive noise from said audio equipment
occurring within the City's park system has a harmful impact upon
the use and enjoyment of park areas by other park users, has the
effect of discouraging many from utilizing certain park areas and
has caused said harmful effects upon adjacent private properties,
persons and neighborhoods; and
WHEREAS, noise from said audio equipment which can be
clearly heard by the human ear seventy five (75) feet or more from
the source of the sound in park, residential or commercial areas
of the City, involves excessive noise impacts, creates noise
pollution within such areas; and, when occurring in or near
vehicular traffic, presents a danger to traffic safety; and
WHEREAS, the City Council of the City of Port Angeles finds
that excessive noise being generated from such equipment is a
public nuisance and constitutes a public disturbance noise;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
ANGELES DOES HEREBY ORDAIN as follows:
Section 1. Public Disturbance Noise from Portable or Motor
Vehicle Audio Equipment. While in park areas, residential, or
commercial zones, or any areas where residences, schools, human
service facilities or commercial establishments are in obvious
proximity to the source of the sound, it is unlawful for any person
to cause, make or allow to be made from audio equipment under such
person's control or ownership the following:
A. Sound from a motor vehicle audio system, such as a
radio, tape player or compact disc player, which is operated at
such a volume that it can be clearly heard by the human ear at a
distance of seventy five (75) feet or more from the vehicle itself;
or
B. Sound from portable audio equipment, such as a radio,
tape player or compact disc player, which is operated at such a
volume that it can be clearly heard by the human ear at a distance
of seventy five (75) feet or more from the source of the sound.
Section 2. Exceptions. This section shall not apply to
operating portable audio equipment upon their own premises,
an owner or a tenant, in which event Section 9.24.030 PAMC
persons
such as
shall apply, or to persons operating such equipment within a public
park for an event authorized pursuant to a permit issued under PAMC
12.12.040 or PAMC 12.04.040.
Section 3. Content of Sound Not Considered. The content
of the sound will not be considered in determining a violation of
this section.
Section 4. Penalty. It shall be a Class II Misdemeanor
for any person to violate the provisions of this Chapter.
Section 5. Codification. This ordinance shall be codified
as Chapter 9.26 of the Port Angeles Municipal Code.
Section 6. Effective Date. This ordinance shall take
effect 5 days after publication.
PASSED by the City Council of the City of Port Angeles at
a regular meeting of said Council held on the 21st day of August,
1990.
ATTEST:
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Becky U
APPRO
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AS TO FORM:
Craig D.
nutson, City Attorney
PUBLISHED: 8/26/90
90.23