TITLE 8

PUBLIC SAFETY AND MORALS

Chapters:

8.15          Alarm Systems
8.20          Handbill Distribution
8.24          Firearms
8.26          Offenses Against Peace and Order
8.30          Dangerous Weapons
8.50          Playing in Streets
8.58          Sound Trucks
8.80          Noise Regulations
8.90          Emergency Plan 
8.95          Itinerant Vendors


Chapter 8.15

Alarm Systems

Sections:

8.15.010     Definitions.
8.15.020     Alarm system regulations.
8.15.030     False alarm and malicious false fire alarm--Fee assessment.
8.15.040     Disconnection.
8.15.050     Severability.

8.15.010  Definitions.  As used in this chapter, the following words and phrases shall have the following meanings.

(1)  "Activation" means the point in time when a subscriber has connected an alarm system to a responding agent and the alarm system is operational, or is operational in the sense that the alarm system is capable of emitting a sound.

(2)  "Alarm system" means any device or any equipment designed and used to provide a warning of a trespass, robbery, burglary, or fire which when actuated emits a sound, or transmits a signal or message to the Police Department or other responding agent.

(3)  "Audible alarm" means an audible sound generated by an alarm system at the premises that the alarm system is used to protect.

(4)  "Automatic dialing device" means any device or any equipment which automatically transmits over regular voice grade telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of an emergency situation or situations which the alarm system is designed to detect.

(5)  "False alarm" means a sound emitted or a signal or message transmitted by an alarm system, which requires response by police or fire personnel or both to a non-existent emergency situation reported by the alarm system; provided, however, that activation of an alarm system due to abnormalities such as earthquakes, high winds, electrical power failures, and other similar conditions beyond the control of the subscriber shall not be considered a false alarm.

(6)  "Malicious false fire alarm" means the intentional activation of a fire alarm pull station by a person knowing that a fire or emergency does not actually exist, the intentional destruction by a person of fire alarm equipment that causes a false fire alarm, the act of discharging fire extinguishers or any other intentional act that sets off a fire alarm system when the person or persons doing so knew or should have known that a fire or emergency does not actually exist.

(7)  "Person" means and includes natural persons of either sex, firms, partnerships, corporations, and all associations of natural persons, or other entities.

(8)  "Police Department" means the Police Department for the City of Pullman.

(9)  "Police or fire personnel" means any person employed by the City of Pullman as either a fire person or a police person or any person or persons acting under the direc­tion of, or at the request of, the Police or Fire Departments.

(10)  "Responding agent" means any agency, governmental or nongovernmental, or person to which an alarm system or automatic dialing device has been connected by a subscriber.

(11)   "Response" shall be deemed to have occurred when any police or fire personnel or both proceed toward, and regardless of whether or not they actually arrive at, the premises protected by an alarm system as a result of the activation of that alarm system.

(12)   "Subscriber" means any person who owns, leases, contracts for the use of, or otherwise uses an alarm system whether or not such system is connected to the Police Department or other responding agent. (Ord. 97-4 §1, 1997; Ord. 87-28 §5, 1987; Ord. 81-29 §1(part), 1981; Ord. 81-28 §1(part), 1981).

8.15.020  Alarm system regulations.

(1)  EMERGENCY CONTACT CARD.  Prior to the activation of an alarm system, the subscriber shall provide to the Police Department his name, address or addresses, and telephone number or numbers of persons authorized to enter the premises protected by the alarm system in order to deactivate the alarm.  Within thirty days after the effective date of the ordinance codified in this Chapter, the subscriber of an existing alarm system shall provide his name, address, and telephone number and the name or names, address or addresses, and telephone number or numbers of persons authorized to enter the premises protected by the alarm system in order to deactivate the alarm.  In addition to the requirements previously set forth in this section, the subscriber shall provide the Police Department with the name or names, address or addresses, telephone number or numbers of persons authorized to remedy a malfunction on behalf of the subscriber or to take such other action as may be necessary in order to avoid a discontinued response as set forth in Section 8.15.040.

(2)  MAINTENANCE NOTIFICATION.  A subscriber shall notify the Police Department prior to any service, test, repair, maintenance, alteration, or installation of an alarm system.  Any alarm activated where such prior notice has been given shall not constitute a false alarm.

(3)  REPAIRS.  When any false alarm caused by a malfunction of an alarm system has occurred, the subscriber shall cause the alarm system to be repaired to eliminate the malfunction.

(4)  AUTOMATIC DIAL TELEPHONE DEVICES.  On or after the effective date of the ordinance codified in this Chapter, no person shall install any automatic dialing device which directly dials any telephone number of the Police Department.  The subscriber of any existing automatic dialing device will have one hundred eighty days from the effective date of the ordinance codified in this Chapter to comply with the requirements of this provision by reprogramming the automatic dialing device to another responding agent, installing another type of alarm system, or deactivating the alarm system.

(5)  AUDIBLE ALARM REQUIREMENTS.

(a) On or after the effective date of the ordinance codified in this Chapter, no person shall install any alarm system with an audible alarm unless the system is equipped with an automatic shutoff mechanism capable of deactivating the audible annunciator within thirty minutes after the time the alarm system is actuated.  Upon a first response to any existing alarm system with an audible alarm, the Chief of Police shall provide written notification of the requirement to install an automatic shutoff mechanism.  The subscriber shall have ninety days from the date of notification to install an automatic shutoff mechanism as described above or to deactivate the alarm system.

(b) No person shall install or maintain any audible alarm or other alarm system annunciator in or upon the exterior of a building which, upon activation, emits a sound similar to sirens used on emergency vehicles or for civil defense purposes.  (Ord. 87-28 §6, 1987; Ord. 81-28 §1(part), 1981).

8.15.030  False alarm and malicious false fire alarm--Fee assessment.  The subscriber of an alarm system shall pay a false alarm response fee to the City of Pullman for each response to a false alarm or malicious false fire alarm as follows:

(1)  First through third false alarms in the immediately preceding six-month period, no fee;

(2)  Fourth false alarm in the immediately preceding six-month period, twenty-five-dollar fee;

(3)  Fifth false alarm in the immediately preceding six-month period, fifty-dollar fee;

(4)  Each false alarm in excess of five in the immediately preceding six-month period, one-hundred-dollar fee.

(5)  Each malicious false fire alarm, two-hundred seventy-five dollar fee.

Provided, that from and after the first day of October, 1982, the term "immediately preceding six-month period" as referred to herein shall be interpreted to mean the six-month periods from January 1st through June 30th; and, July 1st through December 31st, of any given year.

Once each month the Police Department and the Fire Services Department shall notify the City Finance Department of any fee or fees due.  The City Finance Department shall cause to be issued a statement to each subscriber owing said fee or fees.  A subscriber shall pay any said fee or fees within fifteen days after the billing date.  After fifteen days, the City Attorney may collect the fees by appropriate action.  (Ord. 97-4 §2, 1997; Ord. 87-28 §7, 1987; Ord. 82-49 §1, 1982; Ord. 81-28 §1(part), 1981).

8.15.040  Disconnection.  After six false alarms from any alarm system in the immediately preceding six-month period, the Chief of Police may disconnect that particular alarm system; provided, however, that the City of Pullman shall not disconnect a fire alarm system without the written authorization of the Fire Chief.  When any subscriber has failed to pay any fee required by this Chapter within sixty days after the billing date or has failed to comply with any provision of this Chapter, the Chief of Police may disconnect that particular system; provided, however, that the City of Pullman shall not disconnect a fire alarm system without the written authorization of the Fire Chief.  The Chief of Police shall notify the subscriber or his designee indicated on the emergency contact card in writing prior to disconnecting a particular system.  The letter of notification shall be delivered in person by a police officer or shall be sent by certified mail, return receipt requested.  If notification is given by certified mail, return receipt requested, such notification shall not be considered effective until receipt of said letter by the addressee or some person acknowledging receipt of said letter on behalf of the addressee.  The Chief of Police shall reconnect a disconnected alarm system when the subscriber has taken steps to eliminate or correct the cause of the false alarms and has provided documenta­tion of the action taken in writing, or upon receiving notification from the Finance Department that the assessed fee or fees have been paid.  (Ord. 97-4 §3, 1997; Ord. 87-28 §8, 1987; Ord. 81-28 §1(part), 1981).

8.15.050  Severability.  The provisions of this Chapter are declared to be severable.  If any section, subsection, sentence, clause, or phrase of this Chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this Chapter shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid. (Ord. 81-28 §1(part), 1981).

Chapter 8.20

Handbill Distribution

Sections:

8.20.010   Handbills on public or private property.
8.20.020   Violations deemed civil infractions--penalty--forfeiture.
8.20.030   Provisions not in derogation of other provisions.
8.20.040   Severability.

8.20.010  Handbills on public or private property.  No person shall tack, stick, paste, or fasten in any manner any handbill or flier containing commercial advertising of a written, printed, or pictorial nature upon any public property within the limits of the City; or, on any motor vehicle, dwelling, or other structure within the City without the consent of the owner or occupant thereof.

Commercial advertising shall not include advertising which is of a religious, charitable, fraternal, or political nature; or, advertising conducted by any other non-profit organization.  (Ord. 87-32 §1, 1987).

8.20.020  Violations deemed civil infractions--penalty--forfeiture.  Any person who violates the provisions of Section 8.20.010 shall be deemed to have committed a civil infraction and for each violation shall be fined not to exceed the sum of $500.00.  In lieu of a court appearance, any person charged with having committed a civil infraction prohibited by the provisions set forth in Section 8.20.010 may forfeit to the Whitman County District Court a penalty in the sum of $50.00.  (Ord. 87-32 §2, 1987).

8.20.030  Provisions not in derogation of other provisions.  The provisions of this Chapter are not intended to be in derogation of the provisions of Chapter 8.10 pertaining to uninvited solicita­tions for commercial purposes at private residences as those provisions now exist and in accordance with any amendments that may hereafter be made thereto.  (Ord. 87-33 §1, 1987).

8.20.040  Severability.  The provisions of this Chapter are declared to be severable.  If any section, subsection, sentence, clause, or phrase of this Chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this Chapter shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid.  (Ord. 87-33 §2, 1987).

Chapter 8.24

Firearms

Sections:

8.24.010    Firing firearms regulated.
8.24.020    Violations--Penalty.
8.24.030    Disposition of Confiscated and Forfeited Firearms.
8.24.040    Disposition Procedures.

8.24.010  Firing firearms regulated.  Every person who fires or discharges any gun, rifle, fowling piece, pistol, or other firearms within the corporate limits of the City is guilty of a misdemeanor; provided, that this section does not apply to police and other peace officers in the lawful discharge of their duty.  (Ord. A-16 §1, 1942).

8.24.020  Violations--Penalty.  Any person, firm, or corporation violating any of the provisions of this Chapter is guilty of a gross misdemeanor (R.C.W. 9.41.230).  (Ord. 99-16 §1, 1999; Ord. 81-68 §1(part), 1981; Ord. A-16 §2, 1942).

8.24.030 Disposition of Confiscated and Forfeited Firearms.

(1)  All firearms taken into the custody of the Pullman Police Department prior to July 1, 1993, shall be disposed of by the Pullman Police Department as authorized by RCW 9.41.098(2)(b).

(2)  All firearms taken into the custody of the Pullman Police Department after June 30, 1993 and no longer needed for evidence shall be disposed of as follows:

(A)  Firearms illegal for any person to possess shall be destroyed.

(B)  Antique firearms and firearms recognized as curios, relics, and firearms of particular historical significance by the United States Treasury Department Bureau of Alcohol, Tobacco, and Firearms are exempt from destruction and shall be disposed of by auction or trade to licensed dealers.

(C)  All other firearms, shall at the direction of the Chief of Police be offered for auction or trade to licensed firearms dealers.  Such auction or trade, or combination of both, shall be conducted on at least an annual basis.  Firearms offered for trade shall be in exchange for material or supplies necessary for police operations.  Any proceeds realized from an auction shall be returned to the General Fund of the City.

(D)  The Pullman Police Department may retain a maximum of ten percent of legally forfeited firearms during any calendar year for agency use.

(E)  Any firearms not disposed of as provided hereinabove, shall be destroyed.  (Ord. 01-15 §1, 2001)

8.24.040  Disposition Procedures.   The Chief of Police is authorized to adopt procedures to carry out the direction contained herein on the disposition of firearms.  (Ord. 01-15 §2, 2001)

Chapter 8.26

Offenses Against Peace and Order

Sections:

8.26.010    Disorderly Conduct or Fighting - Prohibited
8.26.020    Violation - Exceptions
8.26.030    Violation - Penalty

8.26.010 Disorderly Conduct or Fighting – Prohibited.

(1)  No person may cause or create a risk of unreasonable public inconvenience, annoyance or alarm by:

(a)  Causing, invoking or engaging in any fight, brawl, or other violent or threatening behavior; or

(b) Committing any act which tends to create or incite, or in fact creates or incites, either a violent response and/or an immediate breach of the peace.  Such conduct includes, without limitation:

     Personally abusive epithets, words or language that a reasonable person would find offensive, disgusting or insulting, and/or which epithets, words or language are likely to provoke a reaction of fear, anger or apprehension when addressed to a person of ordinary sensibilities; or

(c) Disturbing any lawful assembly or meeting of persons without lawful authority; or

(d)  Obstructing pedestrian or vehicular traffic without lawful authority; or

(e)  Without lawful authority threaten to cause bodily injury immediately or in the future to another person or persons.

(2)  Two or more persons who unlawfully use or threaten to use force, or participate in any way in the use of such force, against any person or against property have committed the offense of disorderly conduct or fighting. (Ord. 08-6 §2, 2008).

8.26.020 Violation – Exceptions.

(1)  It shall be a defense to a violation of this chapter that the actions were justified as self-defense.

(2) It is not a violation of this chapter to physically participate in a lawful or officially sanctioned sporting, training or educational event or forum. (Ord. 08-6 §3, 2008).

8.26.030 Violation – Penalty. A violation of this chapter shall be an infraction and shall be punishable by a penalty of not less than $250.00 for the first offense, plus costs and fees. For each repeat violation of this chapter, a mandatory court appearance shall be required and the penalty shall be not less than $500.00, plus costs and fees. (Ord. 08-6 §4, 2008).

Chapter 8.30

Dangerous Weapons

Sections:

8.30.010     Definitions.
8.30.020     Discharging or use of dangerous weapons--Prohibited--Exceptions--Confiscation.
8.30.030     Possession of dangerous weapons by persons under fourteen years of age--Prohibited--Exceptions--Confiscation.
8.30.040     Disposition of confiscated dangerous weapons.

8.30.010  Definitions.  The following definitions shall apply for use in this Chapter:

(1)  "Air gun" means and includes the following: air guns, air pistols, air rifles, BB guns, and toy guns of any kind or nature when so designed, contrived, modified, and used to propel, by compressed air or other gas or spring any pellet, dart, BB, rock, or other hard substance a distance of more than twenty-five feet and with force sufficient to break windows or injure persons or animals.

(2)  "Blow guns" means any weapon or toy so designed, contrived, or modified and capable of being used to propel by blowing any pellet, arrow, bean, pea, BB, rock, or other substance or object a distance of more than twenty-five feet and with force sufficient to break windows or injure persons or animals.

(3)  "Bow" means any weapon or toy contrived of a flexible rod, cane, or stick, with a string, with or without a stock, sight, or trigger, for the propelling of arrows affixed with a metallic or hardened tip, when so shot or used as to propel such arrow a distance of more than twenty-five feet, and with force sufficient to break windows or injure persons or animals.

(4)  "Dangerous weapons" means airguns, blow guns, bows, electronic devices, nun-chu-ka sticks, sling shots, and throwing stars as defined in this section.

(5)  "Electronic devices" means any device or toy so designed, contrived, or modified and capable of being used to electronically inflict injury or pain upon persons or animals.  Such devices include but are not limited to stun guns, stock guns or sticks, and cattle prods.

(6)  "Nun-chu-ka sticks" means an instrument consisting of two or more sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain, in the design of a weapon used in connection with the practice of a system of self-defense such as karate, and capable of being used to injure persons or animals.

(7)  "Slingshot" means any device contrived of string, rubber band, springs, or other tension-creating substances, with or without pellet pouch or handle, capable of being used to propel pellets, rocks, staples, pebbles, or other objects a distance of more than twenty-five feet and with a force sufficient to break windows or injure persons or animals.

(8)  "Throwing stars" means any instrument without handles, consisting of a metal plate having three or more radiat­ing points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape, which when thrown is capable of injuring persons or animals.  (Ord. 85-29 §1, 1985).

8.30.020  Discharging or use of dangerous weapons--Prohibit­ed--Exceptions--Confiscation.

(1)  It is unlawful for any person to discharge or use any dangerous weapon as defined in this Chapter within the City of Pullman, without first obtaining a permit to do so from the Chief of Police.  Such permit shall not be issued unless and until the Chief of Police or a repre­sentative of the Chief of Police finds that:

(a) the person to whom the permit is to be issued is at least eighteen years of age; and

(b) use by the permittee of the dangerous weapon is necessary for the protection of persons or property; and

(c) use of the dangerous weapon can reasonably be accomplished by the permittee without endangering other persons or property.

(2)  The permit required by this section shall identify the dangerous weapon for which discharge or use is permitted.  Permission for discharge or use shall not be granted for longer than a period of thirty days from the date of issuance of the permit and may be renewed.

(3)  Any person found to be in violation of this section shall be deemed to have committed a civil infraction for which a penalty may be imposed up to the sum of five hundred dollars, except for violations involving the use of a slingshot or throwing star.

(4)  Any person found to be discharging or using a slingshot or throwing star shall be deemed to have committed a gross misdemeanor.

(5)  The discharge or use of dangerous weapons as defined in this Chapter is not prohibited where the discharge or use of dangerous weapons occurs wholly within the structural confines of a private dwelling structure or other structural enclosure enclosed on all its sides and top and not open to the public, and with the express permission of the owner of the dwelling or enclosure.

(6)  Subsection (1) of this section does not apply to the discharge or use of dangerous weapons on the premises of any school or institution which holds the necessary permits or licenses to train individuals in the safe and efficient use of dangerous weapons while such class, training, or practice is occurring under the supervision of the respective school or institution.

(7)  Any law enforcement officer may confiscate any dangerous weapon being discharged or used in violation of the provisions of this section.  (Ord. 99-21 §1, 1999; Ord. 85-29 §2, 1985).

8.30.030  Possession of dangerous weapons by persons under fourteen years of age--Prohibited--Exceptions--Confiscation.

(1)  Possession of any dangerous weapon by any person under fourteen years of age is prohibited within the City of Pullman, unless such person is accompanied and supervised by a person who is at least eighteen years of age.

(2)  Subsection (1) of this section does not apply to the exceptions listed in subsections (2) and (3) of Section 8.30.020.

(3)  Any law enforcement officer shall confiscate any dangerous weapon being in the possession of any person under fourteen years of age who is not then accompanied and supervised by a person at least eighteen years of age.  (Ord. 85-29 §3, 1985).

8.30.040  Disposition of confiscated dangerous weapons.  Dangerous weapons confiscated pursuant to the provisions of Sections 8.30.020(4) and 8.30.030(3) shall be held as evidence in the custody of the Chief of Police for up to sixty days pending the institution of legal proceedings against the alleged infractor and disposed of as follows:

(1)  If legal proceedings, whether juvenile or adult, are commenced within said period, dangerous weapons shall be disposed of, after a hearing, in such a manner as the officer of the court or judge considers appropriate.

(2)  If legal proceedings, whether juvenile or adult, are not commenced within said period, then dangerous weapons shall be returned to the rightful owner who is at least eighteen years of age; or, if the rightful owner is less than eighteen years of age then dangerous weapons shall be returned to a parent or guardian of such rightful owner.

(3)  Dangerous weapons that are not disposed of in accordance with the provisions of either subsections (1) or (2) of this section shall be disposed of pursuant to the provisions of Chapter 63.32 of the Revised Code of Washington (Unclaimed Property In Hands of City Police) as now existing and in accordance with any amendments that may hereafter be made thereto.  (Ord. 99-21 §2, 1999; Ord. 85-32 §1, 1985).

Chapter 8.50

Playing in Streets

Sections:

8.50.010     Playing games in streets prohibited.
8.50.020     Violations--Penalty.

8.50.010  Playing games in streets prohibited.  It is unlawful for any person to play baseball, tennis, handball, basketball, or football in any of the streets or thoroughfares of the City of Pullman.  (Ord. 474 §1, 1928).

8.50.020  Violations--Penalty.  Any person, firm, or corporation violating any of the provisions of this Chapter is guilty of a Class 3 civil infraction.  (Ord. 99-17 §1, 1999; Ord. 81-68 §1(part), 1981; Ord. 474 §2, 1928).

Chapter 8.58

Sound Trucks

Sections:

8.58.010    Definitions.
8.58.020    Commercial advertising prohibited.
8.58.030    Noncommercial operations regulated.
8.58.040    Violations--Penalty.

8.58.010  Definitions.  The word "person" as used herein includes the singular and the plural and also means and includes any person, firm, corporation, association, partnership, society, lodge, or any other forms of association or organization.

The words "sound trucks" as used herein means and includes any motor vehicle or mode of conveyance having attached thereto, installed therein or thereon, or carried about or from place to place, any sound amplifying equipment.

The words "sound amplifying equipment" as used herein mean and include any machine or device for the amplification of the human voice, music, or any other sound, except that "sound amplifying equipment" as used herein does not include standard and commonly used automobile radios when used and heard only by occupants of the vehicle in which installed, or warning devices on lawfully authorized emergency vehicles, or horns or other warning devices on vehicles used only for traffic safety purposes.

The words "commercial advertising" mean and include any advertising done for the purpose of promoting the sale or use of any product, device, or any kind of property, or promoting the attendance at or the sale of admission to, any exhibition, fair, circus, dance, or other place of amusement or entertainment, where the profit or expected profit therefrom inures to the benefit of any person, firm, corporation, or association.  The term "com­mercial advertising" does not apply to advertising where the profit or expected profit therefrom is all used for charitable or civic use.  (Ord. A-271 §1, 1955).

8.58.020  Commercial advertising prohibited.  No person shall operate, or cause to be operated, any sound truck for commercial advertising purposes in the City of Pullman with sound amplifying equipment in operation.  (Ord. A-271 §2, 1955).

8.58.030  Noncommercial operations regulated.  Noncommercial use of sound trucks with sound amplifying equipment in operation within the City of Pullman is permitted under the following conditions, restrictions, and regulations:

(1)  The only sounds permitted are music or the human voice.

(2)  Operations are permitted six hours each day, except, on Sundays and legal holidays when no operation is per­mitted.  The permitted six hours of operation shall be between the hours of eleven-thirty a.m. and one-thirty p.m., and between the hours of four-thirty p.m., and eight-thirty p.m.

(3)  Sound amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least ten miles per hour except when said truck is stopped or impeded by traffic.  Where stopped by traffic the sound amplifying equipment shall not be operated for longer than one minute at each stop.  Sound amplifying equipment must be operated by a person other than the driver of the sound truck while it is in motion.

(4)  Sound shall not be issued within one hundred yards of hospitals, schools, or churches.

(5)  The human speech and music amplified shall not be profane, lewd, indecent, or slanderous.

(6)  The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred feet from the sound truck and so that said volume is not unreasonably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility.

(7)  No sound amplifying equipment shall be operated within excess of fifteen watts of power in the last stage of amplification.   (Ord. A-271 §3, 1955).

8.58.040  Violations--Penalty.  Any person, firm, or corporation violating any of the provisions of this Chapter is guilty of a Class 2.5 civil infraction.  (Ord. 99-18 §1, 1999; Ord. 81-68 §1(part), 1981; Ord. A-271 §4, 1955).

Chapter 8.80

Noise Regulation

Sections:

8.80.005     Declaration of policy.
8.80.010     Definitions.
8.80.020     Public disturbance noise.
8.80.050     Exemptions.
8.80.060     Variances.
8.80.070     Enforcement.
8.80.080     Violations - Penalties - Enforcement.
8.80.090     Ordinance additional to other law.
8.80.100     Severability.

8.80.005  Declaration of policy. 

(1)  It is declared to be the policy of the City of Pullman to minimize the exposure of citizens to the harmful physiological and psychological effects of excessive noise and to protect, promote and preserve the public health, safety and welfare. It is the express intent of the City Council to control the level of noise permitted in the City of Pullman in a manner which promotes commerce; the use, value, and enjoyment of property; the protection of sleep and repose; and the quality of the environment.

(2) It is also the express intent of the City Council that noise be prohibited when it is in excess of specified decibel levels, as well as when it unreasonably disturbs the peace, comfort and quiet repose of others. The City of Pullman hereby declares “public disturbance noise” as defined in subsection 8.80.020 of this ordinance to be a public nuisance.

(Ord. 05-8 §1, 2005; Ord. 82-20 §1(part), 1982).

8.80.010  Definitions.  As used in this Chapter:

(1) "Distribution facilities" means any facility used for distribution of commodities to final consumers, including facilities of utilities that convey water, waste water, natural gas, and electricity.

(2) “dBA” means the sound level in decibels measured using the ‘A’ weighting network on a sound level meter.
 
(3) "EDNA" means the environmental designation for noise abatement, being an area or zoning designation within which maximum permissible noise levels are established and to which the provisions of this Chapter are applied. For the purposes of this Chapter:

(a) Class “A” EDNA includes all residential districts zoned as RT, R1, R2, R3, R4, MHP, RVP and PRD uses and certain residential areas of the WSU district as designated by the Washington State University Chief of Police.

(b) Class “B” EDNA includes commercial districts  zoned for C1, C2, and C3 uses.

(c) Class “C” EDNA includes industrial  districts zoned for I1, I2, and IRP uses.
   
(4) "Emergency work" means work required to restore property to a safe condition following a public calamity, work required to protect persons or property from imminent exposure to danger, or work by private or public utilities to immediately provide or restore necessary utility service.
(5) "Enforcement officer" means any law enforcement officer commissioned by the City of Pullman to enforce the provisions of this Chapter.

(6) "Equipment" means any stationary or portable device or any part thereof capable of generating sound.

(7) "Existing" means a process, event, or activity in an established area, producing sound subject to or exempt from this Chapter prior to the effective date of this Chapter.

(8) "Motorcycle" means any motor vehicle having a saddle for the use of a rider and designed to travel on not more than three wheels in contact with the ground, except farm vehicles.

(9) "Motor vehicle" means any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways and required to be licensed under RCW 46.16.010.  Aircraft, watercraft, and vehicles used exclusively on stationary rails or tracks are not motor vehicles as that term is used herein.

(10)"Muffler" means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise resulting therefrom.
 
(11) "Noise" means the intensity, duration, and character of sounds from any and all sources.

(12) "Off highway vehicle" means any self-propelled vehicle not used primarily for transporting persons or property upon public highways, nor required to be licensed under RCW 46.16.010.

(13) "Person" means and includes any individual, firm, partnership, corporation, fraternity, sorority and any association of natural persons, or any other entity, public or private.

(14) "Property boundary" means the surveyed line at ground surface, which separates the real property owned, rented, or leased by one or more persons from that owned, rented, or leased by one or more other persons, and its vertical extension.  For the purposes of enforcement of this Chapter, the property boundary of multifamily units, including, but not limited to, duplexes, triplexes, apartment houses and condominiums, shall include the walls, ceilings, and floors of each unit.

(15) “Public highway" means the entire width between the boundary lines of every way publicly maintained by the Washington State Department of Transportation, or any county or city, when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right.

(16) “Receiving property" means real property within which sound originating from a source outside the property is received.

(17) “Sanctioned” means express permission or authorization for the conduct of an event or activity by a public agency having jurisdiction or control over the site of a proposed event.

(18) “Sound level” means the weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in American National Standards Institute Specifications, Section 1.4-1971. The sound pressure level of a sound expressed in decibels is 20 times the logarithm to the base ten of the ratio of the pressure of the sound to the reference sound pressure of 20 micropascals. In the absence of any specific modifier, the level is understood to be that of a mean-square pressure.

(19) “Sound level meter” means a sound level measuring device, either Type I or Type II, as defined by American National Standards Institute Specifications, Section 1.4-1971.

(20) “Warning device" means any device intended to provide a warning of potentially hazardous, emergency, or illegal activities including, but not limited to, a burglar alarm, fire alarm, or a vehicle backup signal.

(Ord. 05-8 §2, 2005;  Ord. 99-26 §1, 1999; Ord. 88-4 §1, 1988; Ord. 82-50 §1, 1982; Ord. 82-20 §1(part), 1982).

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.

(c) Any sound made at any time that is received in any zone district that is,

(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.

(3) Maximum Permissible Sound Levels.

(a) For the purposes of the regulation of public disturbance noises, pursuant to 8.80.020 (2)(e), 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. 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(part), 1982).

8.80.050  Exemptions.

((1) The following noises are exempt from the provisions of this Chapter at all times:

(a) Noises caused by natural phenomena;

(b) Noises originating from aircraft in flight;

(c) Noises that originate at airports which are directly related to flight operations;

(d) Noises created by surface carriers engaged in commerce by railroad;

(e) Noises created by safety and protective devices where noise suppression would defeat the intent of the device, or is not economically feasible;

(f) Noises created by fire alarms and warning devices, bells, chimes, and carillons not operating continuously for more than five minutes;

(g) Noises originating from officially sanctioned parades and other such officially sanctioned public events;

(h) Noises created by motor vehicles, licensed or unlicensed, when operated off public highways, except when received in residential districts;

(i) Noises created by equipment used for highway maintenance;

(j) Noises created by emergency equipment and work necessary in the interest of law enforcement or for the health, safety, or welfare of the community.

(k) Noises originating from existing natural gas transmission and distribution facilities.

(l) Unamplified noises originating from public parks, playgrounds, and recreational areas during times these public facilities are open for public use.

(m) Noise from electrical substations and existing stationary equipment used in the conveyance of water, waste water, and natural gas by a utility.

(2) The following are exempt from the provisions of Section 8.80.020 of this Chapter between the hours of 7 o'clock a.m. and 10 o'clock p.m.:

(a) Noises created by blasting;

(b) Noises created by equipment used in temporary or periodic maintenance or repair of public or private property, including but not limited to, striking or cutting sounds from hammers, saws, or equipment with electrical or internal combustion engines such as lawnmowers, powered hand tools, snow removal equipment, and composters;

(c) Noises created by the installation or repair of essential utility services;

(d) Noises created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible.

(e) Noises originating from temporary construction sites as a result of construction activity, including but not limited to, striking or cutting sounds from hammers, saws, pile drivers, or use of equipment with electrical or internal combustion engines;

(f) Noises originating from the discharge of firearms on shooting ranges authorized under state and local law.

(4) The following are exempt from the provisions of Section 8.80.020 of this Chapter:

Noises from existing industrial installations which exceed the standards contained in these regulations and which, over the previous three years, have consistently operated in excess of fifteen hours per day as a consequence of process necessity and/or demonstrated routine normal operation.  Changes in working hours, which would affect exemptions under this regulation, require approval of the Chief of Police.

(Ord.05-8 §4, 2005; Ord. 99-40 §2, 1999; Ord. 99-26 §5, 1999; Ord. 88-4 §3, 1988; Ord. 87-28 §9, 1987; Ord. 82-50 §3, 1982; Ord. 82-20 §1(part), 1982).

8.80.060  Variances.

(1)  Variances may be granted to any person from any requirement of Section 8.80.020 of this Chapter if findings are made that any such variance is in the public interest and that the proposed activity will have a substantial public participation.

(2)  Variances may be granted to any person from any requirement of Section 8.80.020 of this Chapter if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic and physical factors, encroachment upon existing noise source or because of non-availability of feasible technology or control methods.

(3)  Application shall be made to the Chief of Police.  Variances shall be issued only upon application in writing and after providing such information as may be requested.  No variance shall be issued for a period of more than thirty days except upon due notice to the public with opportunity to comment.  Public hearings may be held, when substantial public interest is shown, at the discretion of the Chief of Police.

(4)  Any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances.

(5)  An implementation schedule for achieving compliance with this Chapter shall be incorporated into any variance from Section 8.80.020 that is issued.

(6)  Sources of noise, subject to this Chapter, upon which construction begins after the effective date hereof shall immediately comply with the requirements of this Chapter, except in extraordinary circumstances where overriding considerations of public interest dictate the issuance of a variance. 

(7) A decision of the Chief of Police regarding a request for a variance may be appealed to the hearing Examiner within ten days of the decision of the Chief of Police. Such appeal must actually be received by the City Clerk within such ten (10) days.

(Ord. 05-8 §5, 2005; Ord. 99-26 §6, 1999; Ord. 87-28 §10, 1987; Ord. 82-20 §1(part), 1982).

8.80.070  Enforcement.

(1) Complaints necessary for enforcement - when.  Enforcement of Sections 8.80.020 of this Chapter shall be undertaken by an enforcement officer only upon receipt of a complaint by an identifiable person who resides, owns property, or is employed in an area affected by the noise.

(2) Procedure for enforcement of Section 8.80.020.  Upon receipt of a complaint from a person who resides, owns property, or is employed in the area affected by the noise complained of and within the time periods established in 8.80.020(2), the procedure for enforcing the provisions of 8.80.020 shall be as follows:

(a) If the measurement of sound is made with a sound level meter to determine if the maximum permissible sound levels are being exceeded, it shall be an instrument in good operating condition and shall meet the requirement for a Type I or Type II instrument, as described in American National Standards Institute Specifications, Section 1.4-1971. Noise measurement for the purpose of enforcing this Chapter shall be measured in dBA with a sound level meter with the point of measurement being at any point within the receiving property.

(b) Issuance - Notice of infraction.  Upon receipt of a complaint that satisfies the criteria set forth in 8.80.020,and is not exempted by 8.80.050, an enforcement officer may issue a notice of infraction and shall request immediate compliance with this Chapter of any and all persons who could reasonably be expected by the enforcement officer to control the source of the noise complaint.
 
(c) Repeat Violations. For enforcement purposes, each complaint by separate persons that satisfies the criteria of 8.80.020, or each day, defined as the 24-hour period beginning at 12:01 a.m., in which violation of the noise control ordinance occurs, shall constitute a separate and subsequent violation.  Where subsequent complaint(s) regarding noise emanating from the same person or property are made by the same complainant in a day, defined as the 24-hour period beginning at 12:01 a.m., the enforcement officer may issue a second notice of infraction with a mandatory court appearance required.  No more than two notices of infraction based on complaints from a single person may be issued in any day.
 
(3) When enforcing the provisions of this Chapter, an enforcement officer at the time of requesting compliance or at the time of issuing a notice of infraction may request that

(a) the individual against whom a noise complaint has been received; or

(b) the individual with whom the enforcement officer is speaking at a premises which is the source of a noise complaint, who could reasonably be expected by the enforcement officer to control the source of the noise complaint, to identify himself or herself by giving to the enforcement officer his or her true name and showing identification thereof.

If a person fails to provide such information and identification, then the enforcement officer may issue a notice of infraction to the following persons identified by name

(i) to an owner of the premises as determined by a search of public records or City utility records; or,

(ii) to a tenant or sub-tenant; or,

(iii)if the premises are occupied by a fraternity, sorority or other student or campus-related organization or association, an infraction may be issued to the current president or vice-president or secretary or treasurer thereof, giving preference to the person with the highest office.

Service of a notice of infraction shall be by personal delivery or service at the time of issuance; or by posting of the notice in a visible place at the premises from which the public disturbance noise originated; or by first class mail, delivery notice requested, within five calendar days after the date of the infraction.  The date of service or posting or mailing shall be considered the date of issuance for the purpose of computing time limits for forfeitures and appearances set forth in 8.80.080 provided three days shall be added for mailed notice. Where notice is provided by posting of the premises, a courtesy copy of the infraction shall be sent via U.S. Mail to the property owner’s last known address as determined by a search of public records of City utility records.

(Ord. 05-8 §6, 2005; Ord. 99-40 §3, 1999; Ord. 99-26 §7, 1999; Ord. 93-16 §2, 1993; Ord. 88-4 §4, 1988; Ord. 82-50 §4, 1982; Ord. 82-20 §1 (part), 1982).

8.80.080  Violations - Penalties - Enforcement.

(1) Any person found to be in violation of the provisions of this Chapter shall be deemed to have committed a civil infraction and for each violation shall be subject to a civil penalty not to exceed five hundred dollars.

 (2) Forfeitures.  In lieu of requesting a court appearance within 14 calendar days after the issuance of a notice of infraction under this Chapter, any person charged with having committed a first violation occurring in the period from August 1 through July 31 under the provisions of the noise ordinance may within 14 calendar days after the issuance of the notice of infraction forfeit to the Whitman County District Court a penalty in the sum of $100.00.

(3) Mandatory appearance.  Any person charged with having committed a second or subsequent civil infraction under the provisions of the noise ordinance shall appear before the Whitman County District Court within 14 calendar days after the issuance of the notice of infraction.  Upon a finding by the court that a second or subsequent infraction has occurred, the court shall impose a penalty of not less than $500.00 for each such finding unless the court finds that mitigating circumstances justify a lesser penalty.  Nothing herein shall preclude the court from imposing a penalty up to the sum set forth in 8.80.080(1) for first offenders.

(4) Failure to appear.  Any person who fails to forfeit as provided for in 8.80.080(2), or who fails to appear as required in 8.80.080(3), or otherwise fails to appear when required to do so shall be considered as having consented to the entry of a finding of guilty of the infraction charged, and the entry thereon of a judgment of guilty and the imposition of a penalty in the full amount set forth in 8.80.080(1) in favor of the city as liquidated damages for damages sustained by the public for the violation of this Chapter and the cost of enforcement thereof.

(5) Collection of penalties.  Any penalty not paid to the court when due or as ordered by the court shall be considered a debt due the city and after the passage of thirty calendar days thereafter shall be collected by the city using any legal or equitable remedies available, or by engaging the services of a collection agency or agencies to do so.

((1) Any person found to be in violation of the provisions of this Chapter shall be deemed to have committed a civil infraction and for each violation shall be subject to a civil penalty not to exceed five hundred dollars.

 (2) Forfeitures.  In lieu of requesting a court appearance within 14 calendar days after the issuance of a notice of infraction under this Chapter, any person charged with having committed a first violation occurring in the period from August 1 through July 31 under the provisions of the noise ordinance may within 14 calendar days after the issuance of the notice of infraction forfeit to the Whitman County District Court a penalty in the sum of $100.00.

(3) Mandatory appearance.  Any person charged with having committed a second or subsequent civil infraction under the provisions of the noise ordinance shall appear before the Whitman County District Court within 14 calendar days after the issuance of the notice of infraction.  Upon a finding by the court that a second or subsequent infraction has occurred, the court shall impose a penalty of not less than $500.00 for each such finding unless the court finds that mitigating circumstances justify a lesser penalty.  Nothing herein shall preclude the court from imposing a penalty up to the sum set forth in 8.80.080(1) for first offenders.

(4) Failure to appear.  Any person who fails to forfeit as provided for in 8.80.080(2), or who fails to appear as required in 8.80.080(3), or otherwise fails to appear when required to do so shall be considered as having consented to the entry of a finding of guilty of the infraction charged, and the entry thereon of a judgment of guilty and the imposition of a penalty in the full amount set forth in 8.80.080(1) in favor of the city as liquidated damages for damages sustained by the public for the violation of this Chapter and the cost of enforcement thereof.

(5) Collection of penalties.  Any penalty not paid to the court when due or as ordered by the court shall be considered a debt due the city and after the passage of thirty calendar days thereafter shall be collected by the city using any legal or equitable remedies available, or by engaging the services of a collection agency or agencies to do so.

(Ord. 05-8 §7, 2005; Ord. 99-40 §4, 1999; Ord. 99-26 §8, 1999; Ord. 93-16 §3, 1993; Ord. 88-4 §5, 1988; Ord. 82-20 §1(part), 1982).

8.80.090  Ordinance 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 or 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. 82-20 §1(part), 1982).

8.80.100  Severability.  If any section, part of section, sentence, clause, or phrase of this Chapter shall be held to be unconstitutional or invalid, the remaining provisions of this Chapter shall nevertheless remain in full force and effect.  (Ord. 82-20 §1(part), 1982).

Chapter 8.90

Emergency Plan

Sections: 

8.90.010            Emergency Management Plan.

8.90.020            Emergency.

8.90.030            Emergency – Proclamation by Mayor.

8.90.010  Emergency Management Plan.

(1)       RCW Chapter 38.52 authorizes and directs the establishment of a Comprehensive Emergency Management Plan for the provision of emergency services in any natural disaster or man-made calamity in accordance with the State Emergency Services Plan. The purpose of the Comprehensive Emergency Management Plan is to establish responsibilities for information analysis and planning for provision of essential functions including: law enforcement and firefighting, telecommunications and emergency alert warning, public works and engineering, public health, medical services and mass care of injured persons, search and rescue, hazardous materials control, provision of food, water and energy, coordination of military support from the state, recovery and restoration of an area struck by a disaster emergency, damage assessment and a transportation and evacuation movement plan to be utilized during a disaster emergency event.

(2)       The Chief of Police shall serve as Disaster Emergency Coordinator whose responsibilities shall include review and update of the Comprehensive Emergency Management Plan, maintaining liaison with the state and federal agencies during the planning process for emergency management preparedness, conducting training and exercises pertaining to disaster preparedness, and overseeing the implementation of the Comprehensive Emergency Management Plan during actual emergencies, from the warning stage through the mitigation stage. The Disaster Emergency Coordinator shall also be responsible for activating the Emergency Operations Center upon declaration of an emergency by the Mayor.

(3)       Local Emergency Planning Committee. A Local Emergency Planning Committee (LEPC) shall be responsible for periodic review of the Comprehensive Emergency Management Plan and to make recommendations for the incorporation of revisions to include, but not be limited to, emergency response planning, community right to know on hazardous materials, and the structure of a unified command for multi-agency responses to emergency or disaster events The Comprehensive Emergency Management Plan shall be developed, promulgated and maintained in accordance with applicable provisions of state and federal law.      (Ord. 04-10 §2, 2004, Ord. 01-26 §2, 2001)

            8.90.020 Emergency   

(1)       An emergency means any natural disaster or man-made calamity, or immediate potential therefore, including, but not limited to, flood, conflagration, cyclone, tornado, volcanic eruption, earthquake, or explosion within the corporate limits of this City, resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare, or

 (2)       Unforeseen circumstances beyond the control of the City which present real, immediate threat to the proper performance of essential functions of government.    (Ord. 04-10 §3, 2004, Ord. 01-26 §3, 2001)

8.90.030 Emergency—Proclamation by Mayor.  Whenever the Mayor, or in the event of his/her inability to act the Mayor pro tem, determines that an emergency exists, she/he shall forthwith proclaim in writing the existence of such state of emergency setting forth the facts constituting an emergency and a finding of the existence of an emergency and file a copy thereof in the office of the City Finance Director.  A news release relating to said state of emergency shall be issued at the earliest reasonable time. (Ord. 04-10 §4, 2004, Ord. 01-26 §4, 2001) 

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