HomeMy WebLinkAbout4072 Ordinance No . 4072
(Amending or Repealing Ordinances)
Amend KCC 9.02.200 - Public Disturbance
Passed - 2/19/2013
The date["Beginning July 1, 1998"]has led to confusion. This date will be deleted from cover sheets of
ordinance/resolution revision pages. This cover sheet will be deleted on electronic pages only, no other
deletions or changes have been made to the document—6/21/2012
ORDINANCE NO.
AN ORDINANCE of the City Council of the
city of Kent, Washington, amending Section
9.02.200 of the Kent City Code, entitled "Public
Disturbance," to make text clarifications in light of
recent case law.
RECITALS
A. The City of Kent's existing public disturbance ordinance is
codified at KCC 9.02.200. This ordinance has not been amended in 11
years.
B. In light of recent case law, the City of Kent believes it is
appropriate to revise its code slightly to clarify that a public disturbance is
created by those sounds that unreasonable disturb or interfere with the
peace, comfort, and repose of a reasonable person. This ordinance makes
those clarifications.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE
SECTION 1. - Amendment. Section 9.02.200 of the Kent City
Code, entitled "Public Disturbance," is amended as follows:
Sec. 9.02.200. Public Disturbance.
A. A person is guilty of public disturbance if he or she:
1. Causes a public wee—disturbance or is in possession
aftdQL control of property on which a public naisanee-disturbance occurs. A
public disturbance includes tThe following sounds that unreasonably
disturb or interfere with the peace, comfort and repose of a reasonable
person of ordinary sensitivities
disttrrbanees:
a. The frequent, repetitive, or continuous sounding of any
horn or siren attached to a motor vehicle, except when used as a warning
of danger or as specifically permitted or required by law.
b. The creation of frequent, repetitive, or continuous
sounds in connection with the starting, operatienng, repairing, rebuilding,
or testing of any motor vehicle, motorcycle, off-highway vehicle, or
internal combustion engine within a residential district_, seas to
C. Yelling, shouting, hooting, whistling, or singing on or
near the public streets, paFtiealaFly between the hours of 14&00 p.m. and
7:00 a.m.,
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Ordinance
d. The creation of frequent, repetitive, or continuous
sounds which emanate from any building, structure, apartment,
condominium, or yard adjacent thereto, that WMFeasenably inteFfere with
such as sounds from musical instruments, audio sound systems, band
sessions, or social gatherings.
e. The creating of frequent, repetitive, or continuous
sounds made by any animal, such as barking or howling, except that such
sounds made in animal shelters, commercial kennels, veterinary hospitals,
pet shops, or pet kennels licensed under and in compliance with Chapter
8.03 KCC shall be exempt from this provision.
f. 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 (50) feet from the source, and if not operated
upon the real property of the operator. This provision shall not apply to
such sounds emitted from scheduled events or activities at parks and
recreational facilities such as public address systems for park or game
events or concerts or similar park or recreation activities.
g. The creation of frequent, repetitive, or continuous
sounds made in connection with outdoor construction or the movement of
construction related materials, including noise made by devices capable of
producing sound by either striking or cutting objects, such as hammers,
saws, or other equipment with internal combustion engines; provided,
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Public Disturbance
Ordinance
however, such sounds shall be exempt from the provisions of this code
under the following circumstances:
i. During the hours of 7:00 a.m. through 8:00
p.m., Monday through Sunday; or
ii. In commercial areas not adjacent to residential
areas.
B. The foregoing enumeration of acts and noises shall not be construed
as excluding other acts and noises which offend the public peace.
C. Public disturbance is a misdemeanor.
SECTION 2. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. - Severabilitx. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days after its passage and publication, as provided
by law.
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Public Disturbance
Ordinance
SrCrJEj MAYOR
ATTEST: w
RONALD F. M60R ITY CLE K `
APPROVED AS TO FORM:
TO�KER, CITY ATTORNEY
PASSED: /V —day of r"��rva�rvJ 12013.
APPROVED: Z�day of rv�.''�l , 2013.
PUBLISHED: day of 12013.
I hereby certify that this is a true copy of Ordinance No. 71y�.2
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
A4-- tL�
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S.\PUBLIC\POLICE\Public Safety Committee\February 2013\Public Disturbance 9.02.200 Ordinance Door
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