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HomeMy WebLinkAbout1971-1329 ORDINANCE NO. /J2 7 AN ORDINANCE relating to public safety and morals; finding and declar- ing the control of noise to be necessary for the public health, safety and welfare of the people of the city; defining and controlling or prohibiting loud and unneces- sary noise; declaring the making of unlawful noise to constitute a public nuisance and providing for its abate- 410 ment; amending Section 6.04.180 of the City of Yakima Municipal Code; and repealing Sections 6.56.100, 6.56.120, 6.56.130, 6.56.140 and 6.56.190 of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 6.04.180 of the City of Yakima Municipal Code is hereby amended to read as follows: "6.04.180 Unnecessary Noise. A. Findings and Declaration of Necessity. The making, creation or maintenance of excessive, unnecessary or unusual loud noises which are prolonged and unusual in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the people of the City of Yakima. The neces- sity in the public interest for the provisions, controls and prohibitions of this section is declared to be a matter of legislative determination and public policy; and it is further declared that the provisions, controls and prohibitions of this section are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the City of Yakima and its inhabi- tants. B. Unnecessary Noise Prohibited. It shall be unlaw- ful for any person to make, continue, or cause to be made or continued any excessive, unnecessary or unusual loud noise or any noise which either annoys, disturbs, injures-, or endangers the comfort, repose, health, peace or safety of others, within the City of Yakima. C. Specific Noises Prohibited Unncessary Noise Standard. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but the following enumeration shall not be deemed to be exclusive, namely: 1. Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, street car or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such horn or signaling device of any unreasonably loud or harsh sounds; and the sounding of any such horn or signaling device for an unnecessary and un- reasonable period of time. The use of any horn or signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such horn or signaling device for any purpose when traffic is delayed, except as a danger warning. 2. Radios, Phonographs, etc. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phono- graph or other machine or device for the producing S. or reproducing of sound in such a manner so as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners there- to. The operation of any such set, instrument, phonograph, machine or device between the hours of nine o'clock p.m. and six o'clock a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. • 3. Loud S.eakers. Amplifiers for Advertisin:. The using, operating or permitting to be played, used or operated of any radio, receiving set, musical instrument, phonograph, loud speaker, sound ampli- fier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure. • 4. Yelling, Shouting, etc,. Yelling, shouting, hooting, whistling, or singing on the public street, parti- cularly between the hours of 9:00 o'clock p.m. and 6:00 o'clock a.m., or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel or other type of residence, or any persons in the vicinity. 5. Animals, Birds, etc. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity. 6. Steam Whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger. 7 Exhausts. The discharge into the open air of ex- haust of any steam engine, stationary internal combustion engine, motorboat, or motor vehicle except through a muffler or device which will effectively prevent loud or explosive noises there- fram. 8. 'Defect in Vehicle,or Load. The use of any auto- mobile, motorcycle, or vehicle so out of repair, so loaded or in such a manner as to create loud -2- and unnecessary grating.,.grinding, rattling,or other noise. 9. Loading, Unloading, Opening Boxes.- The creation a loud and excessive noise in connection with loading or unloading any vehicle or the opening or destruction of,bales,,boxes, crates or containers. • 10.. Construction or Re airin: of Buildin:s. The erec-. tion (including excavation) demolition, alteration • or repair of any buildings other than between the hours of six o'clock a.m. and nine o'clock p.m. on week,days except in case of urgent necessity , - in the interests of public health and safety, and then only with a permit from the Chief Building Inspector, which permit may be granted for a period not to exceed three days or. less while the emergency continues and which permit may be renewed for a period of three days or less while the emergency continues. If the Chief Building Inspec- for should determine that. the public health and safety will not be impaired by the erection, demolition, alteration or.repair of any building within the hours of nine o'clock p.m. and six o'clock a.m.,.and if he shall further determine that substantial loss or inconvenience would resultto any party in interest, the Chief Build- ing Inspector may grant permission for such work to be done within the hours,of'nineo'clock p.m. and o'clock a.m. upon - application being made at the time the permit for the work is issued Or 41 1 during the progress of the work. 11.. Schools Churches: Hos.itals. The creation of any excessive noise on any street adjacent to any school or institution of learning while the same are in use for their intended purpose, or adjacent - to.any hospital, which unreasonably interferes.with the use of the school or institution by the occupants thereof, or which disturbs or unduly • - annoys patients in the hospital, provided conspicu- ous signs are displayed•oq such street indicating the existence of . a school, instititution of learn- . . ing or hospital in the vicinity. 12.• Hawkers--Peddlers., The shouting and crying of peddlers, hawkers and vendors which disturbs the : peace and quiet of the neighborhood. 13. Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any show or sale. 14. • Metal Rails, Pillars and Columns, Transportation Al, . Thereof. The transportation of rails, pillars or . Columns of iron, steel or other material, over and along streets and other public places upon carts, trays cars, trucks, or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other • - places. 15. Street Railway Cars, Operation Thereof. •The caus- ing, permitting or continuing any excessive, un- necessary and avoidable noise in the operation - 3 - • , of a street railway car, or the operating or per- mitting to be operated of any street railway car with a flat wheel or wheels. 16. Pile Drivers, Hammers, etc. The operation between the hours of nine o'clock p.m. and six o'clock a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud 411 or unusual noise. 17. Blowers. The oration of any noise creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise. D. Noise Permit and Parade Permit As Exceptions. (1) Noise Permit. The City Manager or a repre- sentative designated by him may grant a permit to make noise or perform acts otherwise controlled or prohibited by this section upon application by a per- son specifying the nature and extent of noise to be made or continued, or the act to be performed, upon a determination by the City Manager or his representa- tive that to deny the permit under the circumstances surrounding the making of the application would create an undue hardship upon the applicant and upon a fur- ther determination by the City Manager or his repre- sentative that to grant the permit would not create an undue and prolonged hardship on others for whose benefit and protection the noise or act is prohibited by this section. Any permit so granted may contain conditions or requirements upon which it is granted as the City Manager or his representative deems neces- sary to minimize the adverse effect upon the people of the community or surrounding neighborhood which may be affected by granting the permit, and the permit shall specify a reasonable time for which it is to be effective. In addition to the basis of undue hardship as a standard for granting such a permit, the City Manager or his representative may grant such a permit upon his determination that: 1• The granting of the permit is necessary to allow applicant to modify his customary activities so as to comply with this section, if the City Mana ger or his representative determines that such customary activity of applicant was not original- ly undertaken or performed under circumstances and in a manner evidencing a total disregard for the rights of others; or 2. The activity, operation or noise source will be of a temporary duration and cannot reasonably be performed or controlled in such a. manner so as to comply with the provisions of this section; or 3. The activity creating the noise constitutes a pro- gram of a temporary nature for the benefit of the entire municipality or for the benefit of a charitable purpose. - 4 - , . (2) Parade Permit. The provisions, controls and prohibitions of this section shall not apply to noise made and acts performed by bona fide participants in a parade authorized by a permit issued pursuant to the provisions of Section 9.50.025 of thel City of Yakima Municipal Code. E. Additional Remedies--Injunction and Summary Abatement. (1) Iniunction. The making or continuing of noise or the performing of acts in violation of this section and which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of -residents in the area affected by the unlawful act or noise is declared to be a public nuisance subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction. (2) Summ,#_,Ey Abatement. Any unlawful act or noise prohibited by this section shall be subject to summary abatement as provided by Sections 6.56.220,. 6.56.230 and 6.56.240 of the City of Yakima Municipal Code." Section 2. Sections 6.56.100, 6.56.120, 6.56.130, 6.56.140 and 6.56.190 of the City of Yakima Municipal Code are hereby repealed in their entirety. Section 3. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED THE CITY COUNCIL, signed and approved this 16th day of August, 1971. . ■ 6;e,- Mayor ATTEST: City Clerk II/ -5-.