Ord 90-037
0072.160.001
RPB/tw/imm
01/09/90
R:02/21/90
ORDINANCE NO. 90-37
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, PROHIBITING CERTAIN CONDUCT WHICH
CONSTITUTES A PUBLIC DISTURBANCE; CONTAINING A
SEVERABILITY CLAUSE; SETTING AN EFFECTIVE DATE
AND APPROVING AN ORDINANCE SUMMARY FOR
PUBLICATION.
WHEREAS,
the
Federal
Way
City
Council
finds
that
certain conduct which unreasonably disturbs or interferes with
the peace and comfort of others should be prohibited, and
WHEREAS, the Federal Way city council finds that this
ordinance is in the interest of the public's health, safety and
welfare, now, therefore,
THE
CITY
COUNCIL
OF
THE
CITY
OF
FEDERAL
WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
section 1.
Public Disturbance Noises.
A.
It is unlawful for any person to cause, or for any
person in possession of property to allow to originate
from the property, sound that is a public disturbance
noise.
B.
The following sounds are public disturbance noises:
1.
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.
RPB018980
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COpy
RPBO18980
2.
The
creation
frequent,
repetitive
or
of
continuous sounds in connection with the starting,
operation,
repair,
rebuilding
or testing
any
of
motor vehicle,
motorcycle,
off-highway vehicle or
internal
combustion
engine
within
residential
a
district,
to
unreasonably
disturb
or
so
as
interfere with the peace and comfort of owners or
possessors of real property.
3.
Yelling, shouting, whistling or singing on or
near the public streets, particularly between the
hours of 10:00 p.m.
and 8: 00 a.m. or at any time
and place as to unreasonably disturb or interfere
with the peace and comfort of owners or possessors
of real property.
4.
The
creation
frequent,
repetitive
or
of
continuous sounds which emanate from any building,
structure,
apartment,
condominium,
which
or
unreasonably disturbs or interferes with the peace
and
comfort
of
possessors
of
real
owners
or
property, such as sounds from musical instruments,
audio
sound
systems,
band
sessions,
social
or
gatherings.
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RPBO18980
5.
Sound from motor vehicle audio sound systems,
such
tape
players,
radios,
compact
disc
and
as
players, operated at a volume so as to be audible
greater
than
fifty
(50' )
from the vehicle
feet
itself.
6.
Sound from portable audio equipment,
such as
tape players,
radios,
and
compact
disc
players,
operated at a volume so as to be audible greater
than fifty feet (50')
from the source, and if not
operated upon the property of the operator.
c.
This section shall not apply to regularly scheduled
events at parks,
such as public address systems
for
baseball games or park concerts between the hours of
10:30 p.m. and 9:00 a.m.
D.
Any
who
violates
the provisions
of
this
person
ordinance
shall
be
subj ect to
civil
fine
not to
a
exceed $250.00
for a first offense.
For second and
subsequent offenses,
the person shall be guilty of a
misdemeanor and upon conviction shall be punished by a
maximum fine of $1,000.00 or imprisonment for a term
not to exceed 90 days or both.
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section 2.
Severability.
If any section, sentence,
clause or phrase of this ordinance should be held to be invalid
or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
Section
3.
Effective
Date.
This
ordinance
shall
take effect and be in full force ninety (90) days after submittal
to the Department of Ecology pursuant to RCW 70.107.060, which is
more
than
5
days
after
publication
of
an
approved
summary
consisting of the title to this ordinance.
PASSED by the city council of the city of Federal Way
this ~ day of
February, 1990.
CITY OF FEDERAL WAY
Ç)pk ~
MAYOR, DEBRA ERTEL
ATTEST/AUTHENTICATED:
AdwA (1,~
éITY CLERK, DELORES. MEAD
AS TO FORM:
HE CITY ATTORNEY:
BY
J~
~
FILE WITH THE CITY CLERK: February 14, 1990
PASSED BY THE CITY COUNCIL: February 20, 1990
PUBLISHED: February 23, 1990
SUBMITTED TO THE DEPARTMENT OF ECOLOGY: February 23, 1990
EFFECTIVE DATE: Hay 23, 1990
ORDINANCE NO. 90-37
RPBO18980
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