HomeMy WebLinkAbout4851 ORDINANCE NO. ~ ~ 5 I
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 6.32.110 of the
Bremerton Municipal Code relating to Public Disturbance Noises.
WHEREAS, the current provisions of Section 6.32.110 of the Bremerton
Municipal Code relating to public disturbance noises results in an inability to enfome limits on
the volume of sound emitted fi~om audio equipment when the source of such sound is located
upon the property of the operator of the audio equipment; and
WHEREAS, the City Council finds that this provision results in the inability to
apply the City's noise restrictions for individuals who emit loud sounds fi.om their property,
which defeats the purpose of having the restrictions; and
WHEREAS, the City Council desires to protect the public fi.om public
disturbances noises by limiting the volume of sound that may be emitted fi:om audio equipment
regardless of whether the audio equipment is being operated upon the property of the operator;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTIONL Section 6.32.110 of the Bremerton Municipal Code entitled
"Public Disturbance Noises" is hereby 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 fi.equent, 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 cormmercial 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 fi.om this subsection.
1
Public Disturbance Noises
(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 fi:om the
upcn ~e prcpe:.g of ~e cperatcr.
(f) The creation of any loud noises which emanate frequently, or repetitively or
continuously fi:om any building, structure or property which unreasonably disturbs the peace,
comfort and repose of others.
SECTION2. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 3. E~ective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the ~.~ day of ~ ~ ,2003
PASSED by the City Council the ~ day of ~c~ ,2003
CAROL AR_ENDS, Council President
Approved this ~ day of ~t/'~_~ ,2r~f~
C EMAN, Mayor
ATTEST~ .~7 ~ ~ APPROVED AS TO FORM:
R(~ER A. LUBOV!C.~~
I~L'L~I~ M C?l~gI~r~' ~ty Clerk ~~' "~~
P~LIS~D ~e~ ~y of ~ ,2003
EFFECT~ the~day of ~ ,2003
O~CE NO. ~/
R:~LEG~Ordin~ces~oise Ordin~ee ~endmem~doc
2
Public Disturbance Noises
AFFIDAVIT OF PUBLICATION
County of Kitsap, State of Washington
No. 100051929
I, Valerie Zoller, 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 County 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 Bremerton, 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 tree 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: April 15, 2003 and that such
newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the
fee charged for the foregoing publication is the sum of $25.70 amount has not been paid in full.
(Signature of Principal Clerk) :;'~: :".::,,~,
Subscribed and sworn to before me this day of April 21, 2003
Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 4851'
AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 6.32.110
of the Bremerton Municipal Code relating to Public Disturbance Noises.-
APPROVED by the City Council the 26th day of March, 2003-
PASSED by the City Council the 9th day of April, 2003-
The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton,
WA 98337.-
April 15,2003 4/100051929-