Chapter 8.26
NOISE, REGULATION

Sections:

8.26.010    Declaration of policy.

8.26.020    Definitions.

8.26.030    Identification of environments.

8.26.040    Maximum permissible environmental noise levels.

8.26.050    Exemptions.

8.26.060    Public nuisance and disturbance noises.

8.26.065    Construction noise hours.

8.26.070    Citizen complaints.

8.26.080    Motor vehicle noise levels.

8.26.090    Variances.

8.26.100    Penalty for violation.

8.26.010 Declaration of policy.

It is hereby declared to be the policy of the city of Bothell to minimize the exposure of citizens to the harmful physiological and psychological effects of excessive noise. It is the express intent of the city to control the level of noise in a manner which promotes commerce, the use, value and enjoyment of property, sleep and repose, and the quality of the environment. (Ord. 2125 § 2 (Exh. B), 2013; Ord. 1689 § 1, 1997).

8.26.020 Definitions.

All technical terminology used in this chapter, not otherwise defined, shall be interpreted in conformance with Chapters 173-60 and 173-62 WAC. The following words and phrases shall have the meanings indicated below:

A.    “DBA” means the sound pressure level in decibels measured using the “A” weighing network on a sound level meter. The sound pressure level, in decibels, of a sound is 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure of 20 micropascals.

B.    “EDNA” means the environmental designation for noise abatement, being an area or zone (environment) within which maximum permissible noise levels are established.

C.    “Holiday(s)” means the “legal holidays” set forth in RCW 1.16.050 as it may be amended from time to time.

D.    “Noise” means the intensity, duration and character of sounds, from any and all sources.

E.    “Person” means any individual, corporation, partnership, association, governmental body, state agency or other entity whatsoever.

F.    “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.

G.    “Receiving property” means real property within which the maximum permissible noise levels specified herein shall not be exceeded from sources outside such property.

H.    “Sound level meter” means a device which measures sound pressure levels and conforms to Type 1 or Type 2 as specified in the American National Standards Institute Specification S1.4-1971. (Ord. 2125 § 2 (Exh. B), 2013; Ord. 1689 § 1, 1997).

8.26.030 Identification of environments.

A.    Class A EDNA. Lands where human beings reside and sleep, including all properties in the city which are zoned in single-family residential or multiple-family residential classifications.

B.    Class B EDNA. Lands involving uses requiring protection against noise interference with speech, including all properties in the city which are zoned in neighborhood business, community business, general commercial and freeway service classifications.

C.    Class C EDNA. Lands involving economic activities of such a nature that higher noise levels than experienced in other areas is normally to be anticipated. Persons working in these areas are normally covered by noise control regulations of the Department of Labor and Industries. Such areas shall include all properties in the city which are zoned in light industrial and general industrial classifications. (Ord. 2125 § 2 (Exh. B), 2013; Ord. 1689 § 1, 1997).

8.26.040 Maximum permissible environmental noise levels.

No person shall cause or permit noise to intrude into the property of another person which noise exceeds the maximum permissible noise level set forth in WAC 173-60-040, which section is hereby adopted by reference. (Ord. 2125 § 2 (Exh. B), 2013; Ord. 1689 § 1, 1997).

8.26.050 Exemptions.

The exemptions to the maximum permissible environmental noise levels set forth in WAC 173-60-050 are hereby adopted by reference. (Ord. 2125 § 2 (Exh. B), 2013; Ord. 1689 § 1, 1997).

8.26.060 Public nuisance and disturbance noises.

It is unlawful for any person to cause, or for any person in possession of property to allow to originate from said property, sound that is a public nuisance. The following sources of sound are defined to be public nuisances, except to the extent that they may be specifically exempted by other provisions of this chapter:

A.    Frequent, repetitive or continuous noise made by any animal which unreasonably disturbs or interferes with peace, comfort and repose of property owners or possessors, except that such sounds shall be exempt when originating from lawfully operated animal shelters, kennels, pet shops, and veterinary clinics;

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 noise in connection with the starting, operation, repair, rebuilding, or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine within Class A EDNA, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property;

D.    Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time and place so as to unreasonably disturb or interfere with peace, comfort and repose of owners or possessors of real property;

E.    The use of a sound amplifier or other device capable of producing or reproducing amplified sound on 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, except that vendors whose sole method of selling is from a moving vehicle shall be exempt from this subsection;

F.    The making of any loud and raucous noise which unreasonably interferes with the use of any residential property, school, church, hospital, sanitarium, nursing or convalescent facility;

G.    Any sound made by the construction, excavation, repair, demolition, destruction, or alteration of any building or property or upon any building site that is not consistent with BMC 8.26.065, Construction noise hours;

H.    The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium which unreasonably interferes with the peace, comfort and repose of owners or possessors of real property;

I.    Sound from motor vehicle audio systems, such as, but not limited to, tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 75 feet from the source;

J.    Sound from audio equipment, such as, but not limited to, tape players, radios and compact disc players, operated at a volume so as to be audible greater than 75 feet from the source;

K.    The foregoing provisions shall not apply to regularly scheduled events at parks or stadiums, such as public address systems for baseball games or park concerts, or to community festivals or permitted parades. (Ord. 2125 § 2 (Exh. B), 2013; Ord. 1689 § 1, 1997).

8.26.065 Construction noise hours.

A.    Purpose. Construction noise can be a public nuisance if not controlled. The purpose of the following regulations is to control construction noise in a manner that prevents construction noise from becoming a public nuisance as established by this chapter.

B.    Exemptions.

1.    Certain construction noise activities, due to their importance to the overall community, are exempt from this section;

2.    The following construction activities are exempt from the provisions of this section:

a.    Freeway, highway, or arterial construction and improvements;

b.    Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds, and appurtenances between 7:00 a.m. and 10:00 p.m. any day of the week;

c.    Construction noise resulting from local, state or national emergencies;

d.    Construction noise related to the repair or installation of essential utility services such as, but not limited to, sanitary sewer, domestic water, electrical, natural gas, and other essential utility services; and

e.    The exemptions to the maximum permissible environmental noise levels as set forth in WAC 173-60-050 are hereby adopted by reference.

3.    Nothing herein shall be construed to limit or prohibit different or more restrictive hours for any work hours as specified under a development permit issued under BMC Title 11.

C.    Hours of Allowed Construction Noise.

1.    It is unlawful for any person to cause, or for any person in possession of property to allow sound to originate from construction noise generated by the construction, excavation, repair, demolition, destruction, or alteration of any building or property beyond the allowed construction noise hours identified within Table 8.26.065 – 1, Construction Noise Hours, or other construction noise hours as may be allowed under this section.

 

Table 8.26.065 – 1 Construction Noise Hours

Monday through Friday

Saturday

Sunday

7:00 a.m. to 8:00 p.m.

9:00 a.m. to 6:00 p.m.

Prohibited

2.    Construction noise activity shall be prohibited on the following holidays:

a.    New Year’s Day;

b.    Memorial Day;

c.    July 4th;

d.    Labor Day;

e.    Veterans Day;

f.    Thanksgiving Day;

g.    Day after Thanksgiving; and

h.    Christmas Day.

D.    The community development director is hereby authorized to allow expansion of the Monday through Friday and Saturday construction noise hours of Table 8.26.065 – 1, consistent with the following:

1.    Types of activities that may exceed construction noise hours:

a.    Construction activities which must be completed in a single operation, such as but not limited to:

(1)    Concrete pours;

(2)    Pavement applications;

(3)    Certain types of foundation work; and

(4)    Other construction activities that must be completed in a single operation as deemed appropriate by the community development director.

b.    Weather-sensitive construction activities which must be performed during periods of favorable weather conditions, such as but not limited to:

(1)    Roofing;

(2)    Paint applications;

(3)    Parking lot striping;

(4)    Large grading operations;

(5)    Stream restoration or fish enhancement projects; and

(6)    Other weather-sensitive work activities as deemed appropriate by the community development director.

c.    In exercising the authority granted herein, the community development director shall not allow expansion of construction noise hours to Sundays, the holidays identified in subsection (C)(2) of this section and construction noise occurring between the hours of 10:00 p.m. and 6:00 a.m.;

d.    A construction noise hours extension shall follow the process as set forth below:

(1)    Type I application pursuant to BMC 11.04.003;

(2)    The applicant shall submit the request upon a form approved by the director of community development. At a minimum, the application submittal shall include:

(A)    The name, address and contact information of the applicant;

(B)    The location, site address, parcel number of the affected property;

(C)    The city case number of the underlying development permit;

(D)    The name, address, telephone number, and e-mail address of the after-hours contact person who shall be on site during extended construction hour periods;

(E)    The dates, times and duration of all work periods proposed to occur beyond the construction noise hours as set forth within subsection C of this section;

(F)    The type of construction work proposed to be performed during the expanded hours period;

(G)    The reason the work must occur outside the normal construction noise hours; and

(H)    Other information as determined necessary by the community development director to evaluate the request;

(3)    A fee as established by the fee resolution; and

(4)    The community development director shall have seven calendar days following receipt of a complete construction noise hours expansion request to approve, conditionally approve, or deny the request;

e.    Notification to surrounding property owners and residents shall be provided by the applicant as set forth below:

(1)    The applicant shall cause to be mailed or hand-delivered to all property owners and all residents within 300 feet of the subject property a postcard or letter stating that the city has authorized an expansion of the allowed construction noise hours;

(2)    The postcard or letter shall contain language, including contact information, as established by the community development director;

(3)    The notice shall be mailed at least 72 hours before expanded construction noise hours commence; and

(4)    Failure to provide timely notice shall result in a delay of the commencement of the expanded construction hours until notification as required herein is provided. (Ord. 2125 § 2 (Exh. B), 2013)

8.26.070 Citizen complaints.

Whenever it is stated in writing by two or more persons having separate residences in a neighborhood that any person is violating any of the provisions of BMC 8.26.060, the code enforcement officer shall advise the person originating the noise or owning or in possession of the property from which the noise originates that such noise is a nuisance and must cease. (Ord. 2125 § 2 (Exh. B), 2013; Ord. 1689 § 1, 1997).

8.26.080 Motor vehicle noise levels.

A.    Noise Standards – Violations. No person shall operate any motor vehicle or any combination of such vehicles upon any public highway in violation of standards specified in WAC 173-62-060(1) through (4), which section is hereby adopted by reference. For purposes of this chapter, “public highway” means the entire width between the boundary lines of every road, street, alley, lane, boulevard, parking lot, and every way or place in the city, whether publicly or privately maintained, when any part thereof is open at any time to the use of the public for purposes of vehicular traffic.

B.    Exemptions. The exemptions to motor vehicle noise as stated in WAC 173-62-040 are hereby adopted by reference. (Ord. 2125 § 2 (Exh. B), 2013; Ord. 1689 § 1, 1997).

8.26.090 Variances.

A.    Variances may be granted to any person from any requirement of BMC 8.26.040, if findings are made by the director of community development or their designee that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source, or because of non-availability of feasible technology or control methods. Variances shall not be granted for any requirement of BMC 8.26.060.

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

C.    Variances shall be heard and decided in the manner set forth in Chapter 11.04 BMC for administrative interpretations of development regulations by the community development director. The decision of the director shall be a Type I action under BMC 11.04.003 for purposes of decision-making procedure. (Ord. 2125 § 2 (Exh. B), 2013; Ord. 1689 § 1, 1997).

8.26.100 Penalty for violation.

A.    Motor Vehicle Offenses. All offenses defined in this chapter relating to the operation of motor vehicles shall constitute traffic infractions, and a violator shall be civilly liable for a monetary penalty as specified in BMC 10.60.025.

B.    Other Noise Offenses. All other noise offenses defined in this chapter shall constitute a civil infraction and enforceable as set forth in Chapter 11.20 BMC, Enforcement.

C.    Separate Offenses. Each day for which a violation continues, or is repeated, shall constitute a separate offense.

D.    Supplement to Other Laws. The provisions of this chapter, and the penalties provided herein, shall be cumulative and nonexclusive, and shall not affect any other claim, cause of action, or remedy provided in the Bothell Municipal Code or by common law. (Ord. 2125 § 2 (Exh. B), 2013; Ord. 1689 § 1, 1997).