Loading...
HomeMy WebLinkAboutO-1958 - Amends Sec. 6.76.060, public nuisances (6.76)CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.1958 AN ORDINANCE OF THE CITY OF MARYSVILLE RELATING TO PUBLIC NUISANCE AND DISTURBANCE NOISES AND AMENDING MARYSVILLE MUNICIPAL CODE SECTION 6.76.060 (ORDINANCE NO.1419, SECTION 6). THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: section 1.MMC 6.76.060 which reads as follows: 6.76.060 Public nuisance and disturbance noises.It is unlawful for any person to cause,or for any person in possession of property to allow to originate from said property,sound that is a pUblic nuisance.The following sources of sound are hereby defined to be pUblic nuisances,except to the extent that they may be specifically exempted by other provisions of this chapter: (1)Frequent,repetitive or continuous noise made by any animal which unreasonably disturbs or interferes with peace,comfort and repose of property owners or possessors, except that such sounds shall be exempt when originating from lawfully operated animal shelters,kennels,pet shops, and veterinary clinics; (2)The frequent,repetitive or continuous sounding of any horn or siren attached to a motor vehicle,except as a warning of danger or as specifically permitted or required by law; (3)The creation of frequent,repetitive or continuous noise in connection with the starting,operation,repair, rebuilding,or testing of any motor vehicle,motorcycle, off-highway vehicle,or internal combustion engine within Class A EDNA,so as to unreasonably disturb or interfere with the peace,comfort and repose of owners or possessors of real property; (4)The use of a sound amplifier or other device capable of producing or reproducing amplified sound on public streets for the purpose of commercial advertising or sales or for attracting the attention of the pUblic to any vehicle,structure or property or the contents therein, except that vendors whose sole method of selling is from a moving vehicle shall be exempt from this subsection; (5)The making of any loud and raucous noise which unreasonably interferes with the use of any school,church, hospital,sanitarium,nursing or convalescent facility. ORDINANCE - 1 /msvl/noises.ord (6)The creation by use of a musical instrument, whistle,sound amplifier,stereo,jukebox,radio, television,or other device capable of reproducing loud and raucous noises which emanate frequently,repetitively or continuously from any building,structure or property,such as sound originating from a band session,tavern operation, or social gathering.. is hereby amended to read as follows: 6.76.060 Public nuisance and disturbance noises.It is unlawful for any person to cause,or for any person in possession of property to allow to originate from said property,sound that is a pUblic nuisance.The following sources of sound are hereby defined to be pUblic nuisances,except to the extent that they may be specifically exempted by other provisions of this chapter: (1)Frequent,repetitive or continuous noise made by any animal which unreasonably disturbs or interferes with peace,comfort and repose of property owners or possessors, except that such sounds shall be exempt when originating from lawfully operated animal shelters,kennels,pet shops, and veterinary clinics; (2)The frequent,repetitive or continuous sounding of any horn or siren attached to a motor vehicle,except as a warning of danger or as specifically permitted or required by law; (3)The creation of frequent,repetitive or continuous noise in connection with the starting,operation,repair, rebuilding,or testing of any motor vehicle,motorcycle, off-highway vehicle,or internal combustion engine within Class A EDNA,so as to unreasonably disturb or interfere with the peace,comfort and repose of owners or possessors of real property; (4)Yelling,shouting,hooting,whistling or singing on or near the pUblic streets,particularly between the hours of 11:00 p.m and 7:00 a.m.,or at any time and place so as to unreasonably disturb or interfere with peace, comfort and repose of owners or possessors of real property; (5)The use of a sound amplifier or other device capable of producing or reproducing amplified sound on pUblic streets for the purpose of commercial advertising or sales or for attracting the attention of the pUblic to any vehicle,structure or property or the contents therein, except that vendors whose sole method of selling is from a moving vehicle shall be exempt from this subsection; ORDINANCE - 2 /msvl/noises.ord (6)The making of any loud and raucous noise which unreasonably interferes with the use of any school,church, hospital,sanitarium,nursing or convalescent facility. (7)The creation of frequent,repetitive or continuous sounds which emanate from any building,structure, apartment,or condominium which unreasonably interferes with the peace,comfort and repose of owners or possessors of real property,such as sounds from musical instruments, audio sound systems,band sessions,or social gatherings. (8)Sound from motor vehicle audio systems,such as tape players,radios,and compact disc players,operated at a volume so as to be audible greater than seventy-five (75) feet from the source,and if not operated upon the property of the operator; (9)Sound from audio equipment,such as tape players, radios and compact disc players,operated at a volume so as to be audible greater than seventy-five (75)feet from the source,and if not operated upon the property of the operator;and (10)The foregoing provisions shall not apply to regularly scheduled events at parks such as pUblic address systems for baseball games or park concerts. section 2.Severability.Should any section,subsection, paragraph,sentence,clause or phrase of this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason,such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The city council of the City of Marysville hereby declares that it would have adopted this ordinance and each section, sUbsection,sentence,clause,phrase or a portion thereof irrespective of the fact that anyone or more sections, sUbsections,sentences,clauses,phrases or portions be declared invalid or unconstitutional. section 3.Third-Party Liability.It is expressly the purpose of this ordinance to provide for and promote the health, safety and welfare of the general pUblic and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this ordinance. It is the specific intent of this ordinance that no provisions nor any term used in this ordinance is intended to impose any duty whatsoever upon the city or any of its officers or employees,for whom the implementation and enforcement of this ordinance shall be discretionary and not mandatory. ORDINANCE - 3 Imsvl/noises.ord Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the city,or its officers,employees or agents,for any injury or damage resulting from any action or inaction on the part of the city related in any manne~to the enforcement of this ordinance by its officers,employees or agents. PASSED by the City council and APPROVED by the Mayor this ()3r/J day of (1~~9/6,.)t:,1993. CITY OF MARYSVILLE By fL.;Zc!c~4f~ MAYOR ATTEST: Ak!~ CITY CLERK Approved as to form: By /1~Je.0J~ >.CITY ATTORNEY Date of Publication: Effective Date (5 days after pUblication): ORDINANCE - 4 /msvl/noises.ord