Noise law considered for unincorporated areas of Jefferson County

PORT TOWNSEND — Jefferson County commissioners will consider adopting or revising a proposed noise ordinance Monday.

The proposal is intended to define what constitutes a public disturbance in unincorporated Jefferson County while setting out terms for enforcement.

“We have had many complaints from citizens and law enforcement that the county lacked an enforceable noise ordinance,” said County Administrator Philip Morley.

“We don’t really have the tools we need to be able to respond to complaints when the actions of one person becomes a nuisance to those around them.”

The proposed ordinance will be discussed during a public hearing at 11 a.m. in commissioners’ chambers at the Jefferson County Courthouse, 1820 Jefferson St.

Morley said establishing a noise ordinance had been urged frequently but that the county was unable to find the resources to address the matter.

It’s on the agenda now due to the urging of Commissioner John Austin, who will leave office Dec. 31 after two terms.

“It has taken us some time to get to this, but it’s always been on our to-do list,” Morley said.

“It is addressed now because Commissioner Austin promised this would get attended to, and he is making good on that promise.”

The proposed noise ordinance’s structure parallels an animal responsibility code now under consideration.

On Monday, commissioners are expected to set a 10 a.m. Dec. 8 public hearing at the Cotton Building. 607 Water St., on the proposed animal law.

Both measures include objective criteria but substantially depend on the judgment of the deputy as to whether complaints are reasonable.

“Both ordinances are geared toward promoting harmony among people who are living and working together,” Morley said.

“If a person is unreasonably disturbing others through noise, this provides law enforcement the ability to step in and resolve the situation.”

It’s similar to the proposed animal responsibility ordinance in that “dogs and cats are a source of great joy for their owners but can also be problematic for their neighbors,” Morley said.

Both ordinances would be “liberally applied,” which means the deputy has the flexibility to apply the law in a way that meets its objective rather than using narrower parameters for enforcement, Morley said.

Both ordinances would require a warning for a first offense and a possible ticket if the offensive behavior continues.

Offenders who do not agree with the deputy’s assessment could address their complaints through the courts, Morley said.

The proposed noise ordinance would forbid loud music in either a commercial or private setting between the hours of 10 p.m. and 7 a.m. Sundays through Thursdays and from 11 p.m. to 7 a.m. Fridays and Saturdays.

Sound from portable audio equipment as well as “yelling, shouting, hooting, whistling or singing” also could represent violations if these sounds can be clearly heard by a person with normal hearing in a location 150 feet from the source and not on the property of where the sound originates, the proposal says.

The proposal focuses on “frequent, repetitive or continuous sound” from any automotive source as violations, except when used as a warning.

Exemptions to the ordinance include the sound of private generators during power failures, sounds resulting from construction and repair as long as they are within the hours of 7 a.m. to 10 p.m., livestock noises and the lawful discharge of firearms in the act of protecting life or property.

After the public hearing, commissioners can instruct county staff to rewrite portions of the ordinance, add their own amendments in discussion or pass it as written.

“I expect they will want to massage it a little,” Morley said.

________

Jefferson County Editor Charlie Bermant can be reached at 360-385-2335 or cbermant@peninsuladailynews.com.

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