Spokane Municipal Code

Title 10 Regulation of Activities

Division V. Code Enforcement and Animal Regulations

Chapter 10.70 Noise Control

Section 10.70.090 Public Disturbance Noise

1. It is unlawful for any person to knowingly cause or permit sound that is a public disturbance noise defined in SMC 10.70.030(Q) and refuse or intentionally fail to cease the noise when ordered to do so by a law enforcement officer. The content of the sound will not be considered in determining any violation of this chapter.

The police department shall develop policy or standard operating procedure to address repeated filings of unfounded complaints by a single individual.

2. Unless provided for in subsection (3), public disturbance noises originating from real or personal property possessed or controlled by the person causing or permitting the public disturbance noise are prohibited at all times unless otherwise specified, and include but are not limited to the following sounds if the sound is plainly audible across a real property boundary, or fifty feet from the source, whichever is less:

1. The frequent, repetitive and/or continuous sounding of any horn, siren, or alarm attached to a motor vehicle, except when used as a warning of danger or as specifically permitted or required by law.

2. The frequent, repetitive and/or continuous sounding outdoors of any emergency warning device where an actual emergency does not exist; provided, that sounds created during maintenance or testing of the emergency warning devices does not constitute a noise disturbance.

3. The frequent, repetitive, and/or continuous sounds in connection with the starting, operation repair, rebuilding, and/or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine.

4. The frequent, repetitive, and/or continuous sounds, which emanate from real property possessed or controlled by the person causing or permitting the sound, such as sounds from audio equipment, television set, video equipment, musical instruments, band sessions and/or social gatherings.

5. The frequent, repetitive and/or continuous sounds caused by operating or playing, or permitting the operating or playing, of motor vehicle audio equipment such as tape players, radios, and compact disc players, whether portable or stationary or mounted on or within a motor vehicle.

6. The frequent, repetitive and/or continuous sounds caused by the use of fireworks or other blasting devices without the appropriate permit.

3. Public disturbance noises originating from a person or his personal property while on public property, or a public right-of-way, are prohibited at all times as set forth unless otherwise specified.

1. 1. A person or performer creating a sound, whether amplified or unamplified, between the hours of ten p.m. and seven a.m. on public property or on a public right-of-way so as to be plainly audible across a real property boundary which is not the source of sound unless otherwise permitted; or

1. 2. A person or performer creating a sound, whether amplified or unamplified, between the hours of seven a.m. and ten p.m. on public property or on a public right-of-way so as to be plainly audible one hundred feet or more from the source of the sound.

1. 1. 1. In addition to audibility at one hundred feet, the enforcing authority shall use any or all of the following criteria to determine violation:

1. 1. 1. 1. whether the sound is loud enough to cause vibration of building elements (i.e. rattling windows),

1. 1. 1. 2. the content of the sound, such as heavy bass frequencies,

1. 1. 1. 3. the background sound level at the location,

1. 1. 1. 4. the duration of the sound at a single location where the sound is audible, and/or

1. 1. 1. 5. the location and time of day.

4. Enforcing authority: police department.

Date Passed: Monday, October 3, 2022

Effective Date: Monday, October 3, 2022

ORD C36289 Section 5