8.80.020 Public disturbance noise

8.80.020 Public disturbance noise.

(1) Public disturbance noise defined. A “public disturbance noise” means any noise that originates from the real or personal property of any person that:

(a) endangers or injures the safety or health of humans or animals; or

(b) endangers or damages personal or real property; or

(c) Noises that exceed the decibel levels established for the City’s EDNA designations as set forth in Section 8.80.020(3) of this ordinance if the noises are not exempt under the provisions of subsection 8.80.050 of this ordinance; or

(d) annoys, disturbs, or perturbs the comfort or repose of any reasonable person of ordinary sensitivities; and

(e) is specifically included in those listed in subsection 8.80.020(2); and

(f) causes a noise complaint to be reported within the time periods set forth in 8.80.020(2) by one or more persons.

(2) Public disturbance noise prohibited. It is unlawful for any person to cause or permit any public disturbance noise or for any person in possession or control of real or personal property to cause or permit to originate from such property any public disturbance noise. Public disturbance noises shall include the following:

(a) Any noise made between the hours of 10 o'clock p.m. and 7 o'clock a.m. and which is received during that period in a residential zoned district which is,

(i) frequent, repetitive and/or continuous noise made by the amplified or unamplified human voice that emanates from a building, structure, or property;

(ii) frequent, repetitive and/or continuous noise made by the construction, excavation, repair, demolition, destruction, or alteration of any building, property, or upon any building site;

(iii) unamplified or electronically amplified noise made by the use of a musical instrument, sound amplifier, jukebox, radio, television or other similar device that emanates from real or personal property;

(iv) Yelling, shouting, hooting, whistling or singing on or near the public streets, or using voice amplification to amplify one’s voice, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property, regardless of the content of any speech that may be conveyed;

(v) Frequent, repetitive or continuous noise including, but no limited to, noise from musical instruments, audio sound systems, band sessions or social gatherings, that emanate from any building, structure, apartment, condominium, or yard or parking lot adjacent thereto; so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property.

(vi) Noise from any motor vehicle audio sound system, including but not limited to, noise from a tape player, radio or compact disc player, operated at a volume so as to be audible at a distance greater than 50 feet from the vehicle itself;

(vii) Sounds from any portable audio equipment, including but not limited to, sounds from a tape player, radio or compact disc player, operated at a volume so as to be audible at a distance greater than 50 feet from the source.

(b) Any noise made within any 24-hour period commencing at 7 o'clock a.m. on any given day which is received in a residential zone district that is, electronically amplified noise made by the use of a musical instrument, sound amplifier, jukebox, radio, television, or other similar device that emanates from real or personal property.

(i) noise made by the discharge of exhaust gases from an internal combustion engine except through a muffler.

(ii) noise made by a horn, siren or alarm or other similar signaling device attached to a motor vehicle except when reasonably necessary to ensure safe operation as permitted in RCW 46.37.380.

(iii) noise made by a loud speaker or sound amplifier exterior to any building for commercial advertising or sales purposes or for attracting the attention of the public to any performance, show, or other event;

(iv) Sounds from any motor vehicle audio sound system, including but not limited to, sounds from a tape player, radio or compact disc player, operated at a volume so as to be audible at a distance greater than 50 feet from the vehicle itself;

(d) Noise made at any time that is received at any school, institution of learning, court, hospital, nursing, or convalescent facility, or other area where exceptional quiet is necessary; provided, signs are displayed in adjacent or contiguous streets indicating that the area is a quiet zone.

(a) For the purposes of the regulation of public disturbance noises, pursuant to 8.80.020 (2), the Environmental Designation for Noise Abatement (EDNA) for the City of Pullman is as defined in 8.80.010(3).

(b) For noise sources located within the City of Pullman, the maximum permissible sound levels are as follows:

EDNA Designation of	EDNA Designation of Receiving Property Within City
Noise Source	Residential “A”	Commercial “B”	Industrial “C”
Residential	55 dBA	57 dBA	60 dBA
Commercial	57 dBA	60 dBA	65 dBA
Industrial	60 dBA	65 dBA	70 dBA

(c) Decibel levels may be measured by the enforcement officer, with a sound meter from the complaining party’s property. Nothing in this section shall prevent the issuance of a notice of infraction based solely on the provisions of 8.80.020(1).

(4) “Public disturbance noise” shall not apply to such sounds from sanctioned public events or activities at public recreational facilities, including but not limited to, crowd noise, public address systems for park and game events or concerts or similar publicly sanctioned park or recreation activities. (Ord. 11-13 §1, 2011; Ord. 05-8 §3, 2005; Ord. 99-26 §2, 1999; Ord. 98-16 §1, 1998; Ord. 97-8 §1, 1997; Ord. 93-16 §1, 1993; Ord. 88-4 §2, 1988; Ord. 87-8 §1, 1987; Ord. 82-20 §1, 1982).