Chapter 9.15 - PUBLIC DISTURBANCE NOISESSections:9.15.010 - Public disturbance noises.It is unlawful for any person to cause, or for any person in possession of real or personal property to allow to originate from the property, sound that is a public disturbance noise. The following sounds are hereby determined to be public disturbance noises:A.Frequent, repetitive, or continuous howling, barking, squawking or other noises made by any animal which unreasonably disturbs or interferes with the peace, comfort, and repose of receiving property owners or possessors; except that such sounds made by livestock, whether from commercial or non-commercial activities, and such sounds made in animal shelters, kennels, veterinary hospitals, pet shops, or grooming parlors licensed and with all required permits under the Klickitat County Code, shall be exempt under this subsection.It shall be deemed a public disturbance noise under this subsection for a dog to bark, bay, cry, howl or make any other noise continuously and/or incessantly for a period of ten minutes or bark intermittently for one-half hour or more to the disturbance of any person at any time of day or night regardless of whether the dog is physically situated in or upon private property; provided, however, that a dog shall not be deemed a "barking dog" for purposes of this section if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated or for any other legitimate cause the dog was teased or provoked to bark or make any other noise.B.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,C.The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle, heavy machinery or internal combustion engine, within a residential area, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of neighboring real property; provided, that this subsection shall not apply to the operation of lawn mowers, garden tools, chain saws or other power equipment used for building repair or ground maintenance between the hours of seven a.m. and ten p.m.D.The use of a sound amplifier or other device capable of producing or reproducing amplified sound upon public streets for the purpose of commercial advertising or sales or for attracting the attention of the public to any vehicle, structure, or property or the contents therein between the hours of eight p.m. of one day and seven a.m. of the next day, except for emergency vehicles.E.The making of any loud and raucous sound within one thousand feet of any school, hospital, sanitarium, nursing or convalescent facility; which unreasonably interferes with the use of such facility, or with the peace, comfort, or repose of persons therein.F.The use of a musical instrument, whistle, sound amplifier or other device producing or reproducing loud and raucous sounds which emanate frequently, repetitively or continuously from any building, structure or property located within a residential area so as to unreasonably disturb or interfere with the peace, comfort or repose of owners or possessors of neighboring real property.G.Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume to as to be audible greater than fifty feet from the vehicle itself provided, this provision shall not apply to emergency, fire or police vehicles.(Ord. 0073001 (Vol. 82, p. 990)(part), 2001).9.15.020 - Exemptions.A.The following noises are exempt from the provisions of this chapter at all times : provided, that nothing in these exemptions is intended to preclude the administrator from requiring installation of the best available noise abatement technology consistent with economic feasibility. The establishment of any such requirement shall be subject to the provisions of the Administrative Procedure Act, Chapter 34.04 RCW:1.The noises or sounds produced by the operations of agricultural, sand and gravel, mining equipment, manufacturing industry, and power generation for the purpose of production or protection of crops and or other legitimate commercial products or materials are exempt from this chapter;2.The noises or sounds produced from or in the raising of or production of livestock including the raising of livestock guardian dogs, horses, cattle, sheep, pigs, and poultry are exempt from this chapter;3.Noise originating from aircraft in flight, and sounds, which originate at airports and are directly related to flight operations;4.Noise created by safety and protective devices, such as relief valves where noise suppression would defeat the safety release intent of the device;5.Noise created by fire alarms;6.Noise created by emergency equipment, including, but not limited to, emergency standby or backup equipment, and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community; and including, but not limited to, any emergency work necessary to replace or repair essential utility services;7.Noise created by auxiliary equipment on motor vehicles used for highway maintenance;8.Noise originating from officially sanctioned parades, sporting events and other public events;9.Noise created by warning devices not operated continuously for more than thirty minutes per incident;10.Noise caused by natural phenomena;11.Noise created at scheduled events at parks, such as public address systems for baseball games or park concerts.B.The following sources of noise are exempt or partially exempt from the provisions of this chapter:1.Noise created by the operation of equipment or facilities of surface carriers engaged in commerce by railroad;2.Noise created by watercraft and float planes;3.Noise emanating from temporary construction sites except between the hours of ten p.m. and seven a.m.; provided, however, noise emanating from temporary construction sites is exempt or partially exempt from the provisions of this chapter except between the hours of ten p.m. and seven a.m. on weekdays and six p.m. and eight a.m. on Saturdays, Sundays and state recognized holidays if the receiving property is located within;4.Noise created by aircraft-engine testing and maintenance not related to flight operations, except between the hours often p.m. and seven am.;5.Noise originating from motor vehicle racing events at existing authorized facilities.It is the intention of the council to consider amendments to this chapter controlling the sources exempted in subsection B of this section after the State Department of Ecology promulgates specific regulations relating to these sources in the future.(Ord. 0073001 (Vol. 82, p. 990)(part), 2001).9.15.030 - Penalty.A.Initial violations of the provisions of Section 9.15.010 shall be treated as a civil infraction as per the provisions of Chapter 1.20 of this code.B.After being assessed a Class 1 infraction for violation of the Klickitat County Public Disturbance Noise Ordinance, a person may next be charged with a misdemeanor punishable by incarceration up to ninety days in jail and a fine of up to one thousand dollars for any additional violation of the ordinance codified in this chapter.(Ord. O061504 (Vol. 107, page 171), 2004: Ord. 0073001 (Vol. 82, p. 990)(part), 2003).9.15.040 - Chapter additional to other law.The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other claim, cause of action or remedy; nor, unless specifically provided, shall it 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.(Ord. 0073001 (Vol. 82, p. 990)(part), 2003).9.15.050 - Noise level.Where applicable, proof of violation of the noise level limitations set out in WAC Chapter 173-60 shall be prima facie evidence of a violation of this section.(Ord. 0073001 (Vol. 82, p. 990)(part), 2003).