HomeMy WebLinkAbout2004-015 Public Safety & Morals ORDINANCE NO 2004- 15
AN ORDINANCE relating to Public Safety and Morals, adopting a prohibition
on dangerous weapons on school facilities, amending bail
jumping and reckless burning ordinances to conform to state
statute, defining music or party noise clearly audible fifty feet
from the source's property line as public disturbance noise,
enacting as a new section, Section 6 28 125, and amending
Sections 6 04 050, 6 04 080 and 6 04 180(D)(4) all of the
City of Yakima Municipal Code
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 Section 6.28 125 of the City of Yakima Municipal Code is
hereby enacted as a new section to read as follows
"6 04 125 Possessing dangerous weapons on school facilities
RCW 9 41 280 is adopted by reference, as now or hereafter amended "
Section 2 Section 6 04 050 of the City of Yakima Municipal Code is
hereby amended to read as follows
"6 04.050 Bail jumping
A. Any person having been released _ •• _ _ _ _ . e- _ _ _ _ y court
order or admitted to the-posting-of bail with knowledge of the requirement of a
subsequent personal appearance • . • _ • _ e•- _ _ _ - before any
court of this state, or of the requirement to report to a correctional facility for
service of sentence, at a certain time, datc and place, upon the person's
signature attesting that he or she will so appcar, and who then knowingly fails to
appear as ordered, or who fails to surrender for service of sentence as required
is guilty of bail jumping
B It is an affirmative defense to a prosecution under this section that
uncontrollable circumstances prevented the person from appearing or
surrendering, and that the person did not contribute to the creation of such
circumstances in reckless disregard of the requirement to appear or surrender,
and that the person appeared or surrendered as soon as such circumstances
ceased to exist.
(Ik) ord bailbumnoise.jw
BC Bail jumping is a misdemeanor if the person was held for, charged with,
or convicted of a gross misdemeanor or misdemeanor "
Section 3 Section 6 04 080 of the City of Yakima Municipal Code is
hereby amended to read as follows
"6 04 080 . Reckless burning.
A. A person is guilty of reckless burning if he knowingly causes a fire or
explosion - e- - - - - - • - - - - • - - - - - - - - - -
within the corporate limits of the city of Yakima, whether on his own property or
that of another, and thereby recklessly places a building or other structure, or any
vehicle, railway car, aircraft, or watercraft, or any hay, grain, crop or timber,
whether cut or standing, in danger of destruction or damage. which is not so
enclosed or guarded as to prevent the same from spr ading or being transmitted
declared to be a disorderly person.
B. Reckless burning is a gross misdemeanor."
Section 4 Section 6 04 180 of the city of Yakima Municipal Code is hereby
amended to read as follows
"6 04.180 Public disturbance noise
A. Findings and Declaration of Necessity The causing, making or
maintenance of noises which unreasonably disturb the comfort, peace and
repose of others, or the allowing of such noises to emanate from property, are a
detriment to public health, comfort, convenience, safety, welfare and prosperity of
the people of the city of Yakima The necessity 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 inhabitants
2
(Ik) ord bailbumnoise.jw
B Public Disturbance Noise It is unlawful for any person to knowingly
cause or make, or for any person in possession of property to knowingly cause,
permit or allow to emanate therefrom any sound that is a public disturbance
noise
C Public Disturbance Noise Defined A public disturbance noise is a
sound which by its intensity, volume, frequency, duration or character
unreasonably disturbs or interferes with the peace, comfort and repose of others
D Specific Noises Prohibited The following sounds are determined to be
public disturbance noises in violation of this section, however, the following
enumeration shall not be deemed to be exclusive
1 Motor Vehicle Horns, Etc The frequent, repetitive, continuous or
unnecessary sounding of any horn, siren or signaling device attached to a motor
vehicle, except as a warning of danger or as specifically permitted or required by
law;
2 Engine Noises in Residential Areas The creation of frequent, repetitive,
or continuous sounds in connection with the starting, operation, repair, rebuilding
or testing of any motor vehicle, motorcycle, off - highway vehicle or internal
combustion engine within a residential area so as to unreasonably disturb or
interfere with the peace, comfort and repose of residential occupants within the
area,
3 Yelling, Shouting, Etc. Loud and raucous yelling, shouting, hooting,
whistling, or singing at a place so as to unreasonably disturb or interfere with the
peace, comfort and repose of occupants of real property;
4 Musical Instruments, Sound Systems, Etc. The creation or allowing of
frequent, repetitive or continuous sounds which emanate from any building,
structure, residence, apartment or condominium which unreasonably disturbs or
interferes with the peace, comfort and repose of others, or which is plainly
audible greater than fifty feet from the edge of the source's property line, such as
sounds from musical instruments, audio sound systems, television sounds, band
3
(Ik) ord bailbumnoise.jw
sessions or social gatherings Plainly audible means a sound easily understood
or identified.
5 Motor Vehicle Sound Systems Sound from motor vehicle audio sound
systems, such as tape players, radios and compact disc players, operated at a
volume so as to be plainly audible greater than fifty feet from the vehicle itself
Plainly audible means a sound easily understood or identified
6 Portable Audio Equipment. Sound from portable audio equipment, such
as tape players, radios and compact disc players, operated on property open to
the public at a volume so as to be plainly audible fifty feet or more from the
source, however, if operated upon the property of the operator or other private
property, at a volume so as to be plainly audible greater than fifty feet from the
property Plainly audible means a sound easily understood or identified
E Disturbing Noise Factors Included among the factors which may be
considered in determining whether any sound is unreasonably disturbing, but not
limited thereto are
1 Time of day;
2 Whether the day is a weekday, Sunday or holiday;
3 Nature and character of the sound,
4 Volume of the sound,
5 Duration of the sound,
6 Frequency or continuity of the sound,
7 Degree of necessity of the sound in relation to the activity producing or
generating it;
8 Degree of necessity of the activity producing or generating the sound in
relation to the affected area,
9 Legal character of the affected area, and
10 Actual character of the affected area
4
(Ik) ord bailbumnoise.jw
F Exemptions The following sounds are exempt from the provisions of
this chapter
1 Sounds originating from aircraft in flight and sounds which originate at
airports and are directly related to flight operations,
2 Sounds created by safety and protective devices, such as relief valves,
where noise suppression would defeat the safety release intent of the device,
3 Sounds created by the fire alarms,
4 Sounds created by emergency equipment and emergency work
necessary in the interests of law enforcement or of the health, safety or welfare
of the community;
5 Sounds created by the discharge of firearms in the course of lawful
hunting or lawful target practice activities,
6 Sounds originating from forest harvesting and silviculture activity, and
from commercial agriculture,
7 Sounds created by auxiliary equipment on motor vehicles used for
highway maintenance,
8 Sounds created by off- highway vehicles while being used in officially
designated off -road vehicle parks Such off -road vehicles are nevertheless
subject to the provisions of RCW 46 09,
9 Sounds created by warning devices not operated continuously for more
than thirty minutes per incident;
10 Sounds created by the operation of equipment or facilities of surface
carriers engaged in commerce by operating on the railroad,
11 Sounds created by refuse removal equipment,
12 Sounds originated from officially sanctioned parades and other public
events,
5
(Ik) ord bailbumnoise.jw
13 Sounds created by motor vehicles while being driven upon public
highways Such motor vehicles are nevertheless subject to the provisions of
WAC Chapter 173 -62,
14 Sounds originating from motor vehicle racing events at authorized
facilities,
15 Sounds created by construction or lawn and garden equipment from
six a m to ten p m weekdays and from eight a m to ten p m Sundays and legal
holidays, and
16 Sounds created by lawfully established commercial and industrial
uses,
17 Sounds originating from regularly scheduled events at parks, such as
public address systems for baseball games or park concerts,
18 Sounds permitted under noise and parade permits issued under the
provision herein provided
G Noise Permit and Parade Permit as Exceptions
1 Noise Permit. The office of code administration may grant a permit to
make noise or perform acts otherwise controlled or prohibited by this section
upon application by a person specifying the nature and extent of noise to be
made or continued, or the act to be performed, upon a determination by the office
of code administration 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 further determination by the office of code
administration that to grant the permit would not create an undue or 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 office of code administration deems necessary 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
6
(Ik) ord bailbumnoise.jw
undue hardship as a standard for granting such a permit, the office of code
administration may grant such a permit upon his determination that:
(a) The granting of the permit is necessary to allow applicant to modify his
customary activities so as to comply with this section, if the office of code
administration determines that such customary activity of applicant was not
originally undertaken or performed under circumstances and in a manner
evidencing a total disregard for the rights of others, or
(b) 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
(c) The activity creating the noise constitutes a program of a temporary
nature for the benefit of the entire municipality or for the benefit of a charitable
purpose
2 Offenses It is unlawful for any person to knowingly join or participate in
any activity conducted in violation of any term of any permit granted by this
chapter
3 Parade and Motorcade Permits The provisions, controls and
prohibitions of this section shall not apply to noise made and acts performed by
7
(Ik) ord bailbumnoise.jw
bona fide participants in a parade or motorcade authorized by a permit issued
pursuant to the provisions of Section 9 70 010 et seq
H Public disturbance noise is a misdemeanor "
Section 5 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and approved this 16thday of
March , 2004
( t' ZIF
Paul P George, Mayor
ATTEST
By ahe-,,.,
City Clerk
Publication Date 3 -19 -2004
Effective Date 4 -18 -2004
8
(Ik) ord bailbumnoise.jw
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No ?�y
For Meeting of March 16, 2004
ITEM TITLE An ordinance relating to Public Safety and Morals, adopting a prohibition on
weapons on school grounds, amending bail jumping and reckless burning
ordinances to conform to state statute, defining music or party noise clearly
audible fifty feet from the source's property line as public disturbance noise,
enacting as a new section, Section 6 28 125, and amending Sections
6 04 050, 6 04 080 and 6 04 180(D)(4) all of the City of Yakima Municipal
Code
SUBMITTED BY Jeff B West, Sr Assistant City Attorney
CONTACT PERSON/TELEPHONE Mary Bridget Smith, Assistant City Attorney or
Jeff Cutter, Assistant City Attorney
575 -6033
SUMMARY EXPLANATION Under RCW 35 22.280 the City must impose the same penalties
as the State for the same crime RCW 9 41 280 is a prohibition on the possession of
weapons on school grounds The State has used slightly broader language than current City
code to define the crimes of bail jumping and reckless burning RCW 39 34 180 requires the
City of Yakima to pay for the prosecution, adjudication, sentencing and incarceration of all
misdemeanor and gross misdemeanors that arise within the City of Yakima In order to avoid
paying Yakima County to prosecute misdemeanor violations arising in the City of Yakima, the
state versions of possessing dangerous weapons on school facilities, bail jumping and
reckless burning ordinances must be incorporated into the Yakima Municipal Code The
proposed amendment to the Public Disturbance Noise Ordinance, YMC 6 04 180 would allow
the investigating officer to determine if the disturbance violates the ordinance, and alleviate
the need to have citizens appear in court to testify about the disturbance Exceptions for
noise and parade permits will continue to apply Police officers will also continue to issue
warnings and use discretion when issuing citations for this offense The proposed ordinance
changes would have no impact on the City budget.
Resolution Ordinance X Other (Specify)
Contract Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTA - City Manager
STAFF RECOMMENDATION Pass Ordinance
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION Ordinance passed. ORDINANCE NO 2004 -15