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For the purposes of this chapter, the following definitions shall apply:

“Public disturbance noise” shall mean the following sources of sound unless exempted by SMC 8.16.020:

A. Frequent, repetitive or continuous sound from any horn or siren attached to a motor vehicle except as a warning of danger or specifically permitted or required by law;

B. Frequent, repetitive or continuous sound in connection with the starting, operating, repairing, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine in any residential zone which unreasonably interferes with the peace, comfort and repose of owners or occupants of real property in the residential zone;

C. Loud or raucous sound from any activity which unreasonably interferes with the operation of any school, church, hospital, sanitarium or nursing or convalescent facility;

D. Frequent, repetitive or continuous sound which emanates from a building, structure or property, and created by musical instrument, whistle, sound amplifier, stereo, jukebox, radio, television or other device capable of reproducing or creating sound, such as sounds originating from a band session, tavern operation or commercial sales lot which unreasonably interferes with the peace, comfort and repose of owners or occupants of nearby property;

E. Sound from a motor vehicle audio sound system, such as a radio, tape player or compact disc player, when the volume is such that the sound can be clearly heard by a person of normal hearing at a distance of more than fifty (50) feet from the vehicle itself;

F. Sound from carried or transported portable audio sound equipment, such as a radio, tape player or compact disc player, when the volume is such that the sound can be clearly heard by a person of normal hearing at a distance of more than fifty (50) feet from the source of the sound;

G. Frequent, repetitive or continuous sound which emanates from a residence structure or property, and created by audio sound equipment, musical instruments or social gatherings which unreasonably interferes with the peace, comfort and repose of owners or occupants of neighboring residential properties;

H. Sound from squealing or screeching of motor vehicle tires in contact with the ground or other roadway surface because of rapid acceleration, braking or excessive speed around corners except such sounds which arise from actions to avoid danger;

I. Sound originating from a motor vehicle on the public highway when the vehicle is operated without a muffler in good working order and in accordance with applicable laws and regulations;

J. Sound from yelling, shouting, hooting, whistling or singing on or near the public streets occurring between the hours of 11:00 p.m. and 7:00 a.m. which unreasonably interferes with the peace, comfort and repose of owners or occupants of real property;

K. Sound originating from residential real property relating to temporary projects for the maintenance or repair of homes, grounds or appurtenances, including sounds from hammering, power lawnmowers, power hand tools, snow removal equipment and the like when the same occurs between the hours of 9:00 p.m. and 7:00 a.m. weekdays and 9:00 p.m. and 9:00 a.m. on weekends and legal holidays;

L. Sounds originating from construction sites and activities, including but not limited to sounds from staging (on and near the construction site) and the warming up and operation of heavy construction equipment, power tools and hammering between the hours of 9:00 p.m. and 7:00 a.m. weekdays and 9:00 p.m. and 9:00 a.m. on weekends and legal holidays, except such sounds which arise from emergency construction work to protect public or personal health and safety;

M. Continuing and/or ongoing sounds from nonemergency motor vehicles or other motorized or nonmotorized equipment such as leaf blowers, sweepers, or the like, audible more than twenty-five (25) feet away from the vehicle or other noise emitting source located on or in the vicinity of residential property which occurs in the presence of a commissioned police officer or which sounds reasonably cause the annoyance or disturbance of two (2) or more neighbors not residing at the same address, due to the ongoing or repetitive nature of the sounds, during the hours described below shall be presumed to be public disturbance noise. The two (2) complaints must be received by the Police Department within twenty-four (24) hours from the time the noise occurred in order for an enforcement action to proceed.

For the purposes hereof, the sounds generally described above occurring after 10:00 p.m. at night or before 7:00 a.m. on any day of the week shall be presumed to be a public disturbance except for noises that occur between the hours of 6:00 a.m. and 7:00 a.m., if the business is open to the public during that time, and it occurs in the course of normal, reasonable, and essential business activities to service retail customers present during that time. Further provided, that the presumption of a public disturbance noise occurring between the hours of 10:00 p.m. at night or before 7:00 a.m. shall only be rebutted upon a showing before the adjudicatory body that the noise was caused by circumstances of an unforeseen and emergency nature. (Ord. 2326, 2017; Ord. 2355, 2018)

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