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HomeMy WebLinkAbout4780 ORDINANCE NO. 4780 AN ORDINANCE of the City Council of the City of Bremerton, Kitsap County, Washington, amending Bremerton Municipal Code Section 6.32.110 and adding a new Section 6.32.115. The City Council of Bremerton does ordain: Section 1. Bremerton Municipal Code Section 6.32.110 is amended to read as follows: 6.32.110 Public Disturbance Noises. It is hereby unlawful and declared a public nuisance for any person to cause, or for any person in possession of property to allow, noise defined in this section. For prosecution under this section, evidence of sound level through the use of a sound level meter reading shall not be necessary to establish a commission of the offense. Provisions of this section shall be cumulative and not exclusive, and shall not affect any other claim, cause of action or remedy including any prosecution for violation of sections regulating environmental noise. The following shall be public disturbance noises: (a) The frequent, repetitive or continuance sound of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law. (b) 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 District I so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property. (c) The use of a sound amplifier or other device capable of producing or reproducing amplified sound upon 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 as permitted by law, and except that vendors who sole method of selling is from a moving vehicle shall be exempt from this subsection. (d) Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself. (e) Sound from audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source, and if not operated upon the property of the operator. (f) The creation of any loud noises which emanate frequently, or repetitively or continuously from any building, structure or property which unreasonably disturbs the peace, comfort and repose of others. Section 2. A new Bremerton Municipal Code Section 6.32.115 is added to read as follows: 6.32.115 Bells, Chimes, or Carillons. Page 1 of 2 The operation of bells, chimes, or carillons shall be exempt from the provisions of this chapter. Section 3. The provisions of this Ordinance shall apply to all applications for which a required headng has not yet been held as of this Ordinance's effective date. Section 4. This Ordinance shall be in full force and effect ten (10) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State law. Section 5. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this ordinance. Section 6. The effective date of this Ordinance shall be ten (10) days from the date of passage and publication by the Mayor and City Council. APPROVED by the City Council of the City of Bremerton thi~ay of ~:~, 2001. PASSED by the City Council of the City of Bremerton this 7.~ day of ~3~.,~ 2001. /,~""City Council President APPROVED this [~ day of Ik.~ ,2001. LYNN s. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY J City Clerk Published: !/-/~,- O/ ,2001 Effective Date:-.~, 2001 Ordinance No: Page 2 of 2 AFFIDA VIT OF PUBLICATION County of Kitsap, State of Washington No. 164808 I, Melinda Monroe, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the /superior Court of the Count of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in BFemerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: November 16,2001, during all of said period. That the full amount of the fee charged for the foregoing publication is the sum.of $160.48 which amount has not been paid in full. ~~ lJnbA1'\e (Signature of Principal Clerk) Subscribed and sworn to before me this day of November 20,2001. \\\\\1111111/1/// \\\ /11 -::::-,\ \>-\"4 N 81.. //// ~ Q ........ "'ll' ~ ~ .... ..... /' ~ .:::.--.. .."..- :::: .' ~,o TAb'. :::: ::: :' \- 'T J.. \ - == en i 7-30 0 : - --,: -2: =: )"". I:Jj, ;~- :::: .A'" vaLle... 0 :'::: ~ <!" .... .... '" :-"2 ~ 0 ,............. ~ (J $"' //// ;:. WAS 'r\ \ \\\'- /1/ \\\ /11111111111\\\\\ -Uo j) T/t) 6PJ1136 Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4780' AN ORDINANCE of the City Council of the City of Bremerton, Kitsap County, Washington, amending Bremerton Municipal Code Section 6.32.110 and adding a new Section 6.32.115.- The City Council of Bremerton does ordain:- Section 1. - Bremerton Municipal Code Section 6.32.110 is amended to read as follows:- 6.32.110 Public Disturbance Noises.- It is hereby unlawful and declared a public nuisance for any person to cause, or for any person in possession of property to allow, noise defined in this section. For prosecution under this section, evidence of sound level through the use of a sound level meter reading shall not be necessary to establish a commission of the offense. Provisions of this section shall be cumulative and not exclusive, and shall not affect any other claim, cause of action or remedy including any prosecution for violation of sections regulating environmental noise. The following shall be public disturbance noises:- ...(a) The frequent, repetitive or continuance sound of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law.- ...(b) 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 District I so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property.- ...(c) The use of a sound amplifier or other device capable of producing or reproducing amplified sound upon 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 as permitted by law, and except that vendors who sole method of selling is from a moving vehicle shall be exempt from this subsection.- ...(d) Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself.- ...(e) Sound from audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source, and if not operated upon the property of the operator.- ...(f) The creation of any loud noises which emanate frequently, or repetitively or continuously from any building, structure or property which unreasonably disturbs the peace, comfort and repose of others.- Section 2. A new Bremerton Municipal Code Section 6.32.115 lS added to read as follows:- 6.32.115 Bells, Chimes, or Carillons.- The operation of bells, chimes, or carillons shall be exempt from the provisions of this chapter.- Section 3. The provisions of this Ordinance shall apply to all applications for which a required hearing has not yet been held as of this Ordinance's effective date.- Section 4. This Ordinance shall be in full force and effect ten (10) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State law.- Section 5. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this ordinance.- Section 6. The effective date of this Ordinance shall be ten (10) days from the date of passage and publication by the Mayor and City Council.- ~ APPROVED by the City Council of the City of Bremerton this 30th day of October, 2001.- PASSED by the City Council of the City of Bremerton this 7th day of November, 2001.- November 16,