ORD 2015-01 RELATING TO PUBLIC DISTURBANCE NOISESORDINANCE NO. 2015-01
AN ORDINANCE of the City of Bainbridge Island, Washington, relating to
public disturbance noises; amending Section 9.70.060 of the Bainbridge Island
Municipal Code (BIMC) to exempt street sweeping and pavement marking from
the provisions of such section.
WHEREAS, the City's Public Works Department performs street sweeping activities
weekly during the fall season and monthly during the rest of the year; and
WHEREAS, the City's Public Works Department performs pavement marking activities
three times annually during the summer months; and
WHEREAS, pursuant to Section 9.70.060 BIMC certain public disturbance noises are
prohibited unless listed as exempt; and
WHEREAS, the City's Public Works Department could perform the periodic street
sweeping and road striping maintenance activities more efficiently if they could do this work
during non -peak street traffic and parking stall use periods; and
WHEREAS, the City Council desires to add these activities to the section that exempts
garbage and recycling collection from the requirements of Section 9.70.060 BIMC 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;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 9.70.060 of the Bainbridge Island Municipal Code is hereby amended to read
as follows:
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 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 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 from 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 street sweeping
activities, pavement marking activities, or 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;
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11. Sounds originating 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 Chapter 7.80
RCW and is subject to a monetary penalty and a default amount of $250.00, plus
statutory assessments. A civil infraction under this section shall be processed in
the manner set forth in Chapter 7.80 RCW.
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 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 $500.00, or by
imprisonment in jail for a term not exceeding 90 days, or by both such fine and
imprisonment.
F. Severability. If any provision of this section 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 this section shall remain valid
and enforceable.
Section 2. This ordinance shall take effect and be in force five (5) days from its passage,
approval, and publication as required by law.
PASSED BY THE CITY COUNCIL this 10th day of February, 2015,
APPROVED BY THE MAYOR this l 01h day of February, 2015,
ATTEST /AUTHENTICATE:
Rosalind D. Lassoff, CMC, City Clerk
— 4L4 '� -Z J1.
Anne S. Blair, Mayor
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FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
December 29, 2014
February 10, 2015
February 13, 2015
February 18, 2015
2015 -01