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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 -1- 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. -2- 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. -3- 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 -4-