ORD 2007-02 BIMC SECTION 9.70.010
ORDINANCE NO. 2007-02
AN ORDINANCE of the City of Bainbridge Island, Washington,
(i) relating to disorderly conduct and amending Section 9.70.010 of the
Bainbridge Island Municipal Code and (ii) prohibiting public
disturbance noises and adding a new Section 9.70.060 to the Bainbridge
Island Municipal Code.
WHEREAS, the City previously enacted Ordinance No. 1985-08, establishing crimes
relating to the public peace; and
WHEREAS, the City has determined that Section 9.70.010 relating to disorderly
conduct needs to be amended; and
WHEREAS, in accordance with the state Noise Control Act, the City previously
enacted Ordinance No. 2001-004, establishing noise regulations designed to regulate general
noise emissions and to minimize the exposure of citizens to the harmful impacts of excessive
noise; and
WHEREAS, independent of the general noise regulations, the City has determined that
public disturbance noises constitute a nuisance, and that public disturbance noises should be
__ prohibited and punishable as a criminal offense; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Section 9.70.010 of the Bainbridge Island Municipal Code is hereby
amended as follows:
9.70.010 Disorderly Conduct
A person is guilty of disorderly conduct if he:
A. Uses abusive language and thereby intentionally creates a risk of
assault; or
B. Intentionally disrupts any lawful assembly or meeting of persons
without authority; or
C. Intentionally obstructs vehicular or pedestrian traffic without
lawful authority; or
D. Intentionally and 'Nith01:R lawful aHtllOrity makes noise which
unreasonably disturbs another; or
E. Intentionally engages in any conduct which tends to or does
disturb the public peace, provoke disorder, or endanger the safety
of others.
Section 2.
Code, as follows:
A new Section 9.70.060 is added to the Bainbridge Island Municipal
"9.70.060
Public disturbance noises.
A. 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 and that is
audible to a person of normal hearing at a distance of seventy-five (75)
feet or more from the property. Public disturbance noises are declared
to be a nuisance, and except as otherwise set forth in this section, the
prohibition of public disturbance noises set forth herein shall be in effect
twenty-four (24) hours a day.
B. A "public disturbance noise" means a frequent, repetitive and/or
continuous noise which unreasonably disturbs and/or interferes with the
peace and comfort of any person.
C. The following sounds are exempt from the provisions of this section:
1. Construction activities to the extent that these activities are
governed by Chapter 16.16 BIMC;
2. Sounds originating from safety and protective devices, such as
relief valves, where noise suppression would defeat the safety
release intent of the device;
3. Sounds originating from fire alarms;
4. Sounds originating from emergency equipment and emergency
work necessary in the interests of law enforcement or of the
health, safety or welfare of the community;
5. Sounds originating the discharge of firearms in the course of
lawful hunting, lawful target or other lawful firearm discharge
activities;
6. Sounds originating from officially sanctioned parades and public
events;
7. Sounds originating from league or school sponsored athletic
events;
8. Sounds originating from motor vehicles when regulated by
Chapter 173-62 WAC.
9. Sounds originating from activities directly associated with the
delivery of goods, supplies, groceries, materials and/or other
similar items to legally permitted businesses.
10. Sounds originating from activities directly associated with the
collection of garbage, refuse, recycle items and/or other similar
materials between the hours of 6:00 a.m. and 10:00 p.m. on
weekdays and between the hours of 8:00 a.m. and 11:00 p.m. on
weekends and legal holidays recognized by the city of Bainbridge
Island.
11. Sounds ongmating from activities directly associated with the
collection and delivery of United States Mail.
D.
Except as provided in subsection E of this section, conduct made
unlawful by this section shall be a Class 1 civil infraction as
contemplated by RCW Chapter 7.80 and is subject to a monetary penalty
and a default amount of Two Hundred Fifty Dollars ($250.00), plus
statutory assessments. A civil infraction under this section shall be
processed in the manner set forth in RCW Chapter 7.80.
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E. Any person who continues to be in violation of this section after
receiving a notice of infraction pursuant to subsection D of this section,
or who again violates this section within twenty-four (24) hours after
receiving a notice of infraction pursuant to subsection D of this section
commits a misdemeanor and any person who is convicted thereof shall
be punished by a fine not to exceed Five Hundred Dollars ($500.00), or
by imprisonment in jail for a term not exceeding ninety (90) days, or by
both such fine and imprisonment.
F. Severability. If any provision of BIMC 9.70.060 is held to be
unconstitutional, preempted by federal or state law, or otherwise held
invalid by any court of competent jurisdiction, the remaining provisions
of BIMC 9.70.060 shall remain valid and enforceable."
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Section 3. This ordinance shall take effect and be in force five (5) days after its
passage, approval and publication as provided by law.
PASSED by the City Council this 13 day of June 2007.
APPROVED by the Mayor this 14 day of June 2007.
ATTEST/AUTHENTICATE:
10\0 OiJr\Q.~. lli~~~
Rosalind D. Lassoff, C C, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLICA TION DATE:
EFFECTIVE DATE:
ORDINANCE NO.
December 13, 2006
June 13, 2007
June 20,2007
June 25, 2007
2007 -02