9.06.135 Noise.
A. No person shall, without prior written approval of the parks and recreation director or authorized parks department employee, cause or allow to be emitted noise in a park which:
1. Exceeds the maximum permissible noise levels set forth in EMC 20.08.040 and 20.08.050; or
2. Is a motor vehicle noise specifically prohibited by EMC 20.08.080(B); or
3. Is a disturbance noise or a nuisance noise.
B. The following sources of sound shall be disturbance noises and are also subject to regulation under the provisions of EMC 20.08.030 through 20.08.050:
1. Frequent, repetitive or continuous noise made by any animal which unreasonably disturbs or interferes with the peace, comfort and repose of park users or nearby residents;
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 so as to unreasonably disturb or interfere with the peace, comfort or repose of park users or nearby residents;
4. Yelling, shouting, hooting, whistling or singing so as to unreasonably disturb or interfere with the peace, comfort and repose of park users or nearby residents;
5. The use of a sound amplifier or other device capable of producing or reproducing amplified sound, except with prior permission of the parks director or the director’s designee;
6. Sound from motor vehicle audio sound systems operated at a volume so as to be audible greater than fifty feet from the source; and
7. Sound from audio equipment operated at a volume so as to be audible greater than fifty feet from the source.
C. “Nuisance noise” means any sound which unreasonably either annoys, injures, interferes with or endangers the comfort, repose, health or safety of park users or nearby residents.
D. No sound source specifically exempted by Chapter 20.08 EMC shall be a disturbance noise or nuisance noise insofar as the particular source is exempted.
E. The provisions of this section shall not apply to regularly scheduled events at parks, such as public address systems for baseball games or park concerts.
F. If the measurement of sound is necessary to determine compliance with this section, such measurement shall be done in accordance with Chapter 20.08 EMC.
G. The provisions of this section shall be cumulative and nonexclusive, and shall not affect any other claim, cause of action or remedy; nor, unless specifically provided, shall this section be deemed to repeal, amend or modify any law, ordinance or regulation relating to noise, but shall be deemed additional to existing legislation and common law on noise.
H. For purposes of this section, the following definitions apply:
1. “Motorcycle” means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, except farm tractors and such vehicles powered by engines of less than five horsepower.
2. “Motor vehicle” means any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways, and required to be registered pursuant to RCW 46.16A.030.
3. “Noise” means the intensity, duration and character of sounds from any and all sources.
4. “Off-highway vehicle” means any self-propelled motor driven vehicle not used primarily for transporting persons or property upon public highways nor required to be registered pursuant to RCW 46.16A.030.
5. “Person” means any individual, firm, association, partnership, corporation or any other entity, public or private.
I. Violation of any of the provisions of this section constitutes an infraction, and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3891-22 § 1, 2022; Ord. 3440-15 § 1, 2015; Ord. 3360-13 § 20, 2013; Ord. 2442-00 § 3, 2000.)