Chapter 8.20
NOISE POLLUTION
Sections:
8.20.030 Identification of environments.
8.20.040 Maximum permissible environmental noise levels.
8.20.010 Purpose.
The city council has found that inadequately controlled noise may adversely affect the health, safety, and general welfare of people, the value of property, and the quality of the environment. The purpose of this chapter is to minimize the exposure of residents and visitors to the harmful physiological and psychological effects of excessive noise by limiting noise pollution in a manner that promotes commerce; the use, value, and enjoyment of property; sleep and repose; and the quality of the environment. (Ord. 22-633 § 1 (Exh. A)).
8.20.020 Definitions.
The following terms shall have the meanings below for purposes of this chapter:
A. “Background sound level” means the level of all sounds in a given environment, independent of the specific source being measured.
B. “dBA” means the sound pressure level in decibels measured using the “A” weighting 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.
C. “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.
D. “EDNA” means the environmental designation for noise abatement, being an area or zone (environment) within which maximum permissible noise levels are established.
E. “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 September 1, 1975.
F. “Noise” means the intensity, duration and character of sounds, from any and all sources.
G. “Person” means any individual, corporation, partnership, association, governmental body, state agency or other entity whatsoever.
H. “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.
I. “Racing event” means any motor vehicle competition conducted under a permit issued by a governmental authority having jurisdiction or, if such permit is not required, then under the auspices of a recognized sanctioning body.
J. “Receiving property” means real property within which the maximum permissible noise levels specified herein shall not be exceeded from sources outside such property.
K. “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. 22-633 § 1 (Exh. A)).
8.20.030 Identification of environments.
The EDNA of any property shall be based on the following typical uses, taking into consideration the present, future, and historical usage, as well as the usage of adjacent and other lands in the vicinity.
A. Class A EDNA – Lands Where Human Beings Reside and Sleep. Typically, Class A EDNA will be the following types of property used for human habitation:
1. Residential.
2. Multiple family living accommodations.
3. Recreational and entertainment (e.g., camps, parks, camping facilities, and resorts).
4. Community service (e.g., orphanages, homes for the aged, hospitals, health and correctional facilities).
B. Class B EDNA – Lands Involving Uses Requiring Protection Against Noise Interference With Speech. Typically, Class B EDNA will be the following types of property:
1. Commercial living accommodations.
2. Commercial dining establishments.
3. Motor vehicle services.
4. Retail services.
5. Banks and office buildings.
6. Miscellaneous commercial services, property not used for human habitation.
7. Recreation and entertainment, property not used for human habitation (e.g., theaters, stadiums, fairgrounds, and amusement parks).
8. Community services, property not used for human habitation (e.g., educational, religious, governmental, cultural and recreational facilities).
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. Uses typical of Class A EDNA are generally not permitted within such areas. Typically, Class C EDNA will be the following types of property:
1. Storage, warehouse, and distribution facilities.
2. Industrial property used for the production and fabrication of durable and nondurable manmade goods.
3. Agricultural and silvicultural property used for the production of crops, wood products, or livestock. (Ord. 22-633 § 1 (Exh. A)).
8.20.040 Maximum permissible environmental noise levels.
A. No person shall cause or permit noise to intrude into the property of another person which noise exceeds the maximum permissible noise levels set forth below in this section.
B. The noise limitations established are as set forth in the following table after any applicable adjustments provided for herein are applied.
|
EDNA OF NOISE SOURCE |
EDNA OF RECEIVING PROPERTY |
||
|---|---|---|---|
|
|
Class A |
Class B |
Class C |
|
CLASS A |
55 dBA |
57 dBA |
60 dBA |
|
CLASS B |
57 |
60 |
65 |
|
CLASS C |
60 |
65 |
70 |
C. Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table shall be reduced by 10 dBA for receiving property within Class A EDNAs.
D. At any hour of the day or night the applicable noise limitations in subsections (A) and (B) of this section may be exceeded for any receiving property by no more than:
1. Five dBA for a total of 15 minutes in any one-hour period; or
2. Ten dBA for a total of five minutes in any one-hour period; or
3. Fifteen dBA for a total of one and one-half minutes in any one-hour period. (Ord. 22-633 § 1 (Exh. A)).
8.20.050 Exemptions.
A. The following shall be exempt from the provisions of this chapter between the hours of 7:00 a.m. and 10:00 p.m.:
1. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances.
2. Sounds created by the discharge of firearms on authorized shooting ranges.
3. Sounds created by blasting.
4. Sounds 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.
5. Sounds created by the installation or repair of essential utility services.
B. The following shall be exempt from the provisions of EMC 8.20.040(C):
1. Noise from electrical substations and existing stationary equipment used in the conveyance of water, waste water, and natural gas by a utility.
2. Noise 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 15 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 Department of Ecology.
C. The following shall be exempt from the provisions of this chapter, except insofar as such provisions relate to the reception of noise within Class A EDNAs between the hours of 10:00 p.m. and 7:00 a.m.
1. Sounds originating from temporary construction sites as a result of construction activity.
2. Sounds originating from forest harvesting and silvicultural activity.
D. The following shall be exempt from all provisions of this chapter:
1. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC.
2. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations.
3. Sounds created by surface carriers engaged in interstate commerce by railroad.
4. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes, and carillons.
5. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible.
6. Sounds created by emergency equipment and work necessary in the interests of law enforcement or for health, safety or welfare of the community.
7. Sounds originating from motor vehicle racing events at existing authorized facilities.
8. Sounds originating from officially sanctioned parades and other public events.
9. Sounds emitted from petroleum refinery boilers during startup of said boilers; provided, that the startup operation is performed during daytime hours whenever possible.
10. Sounds created by the discharge of firearms in the course of hunting.
11. Sounds caused by natural phenomena and unamplified human voices.
12. Sounds created by motor vehicles, licensed or unlicensed, when operated off public highways except when such sounds are received in Class A EDNAs.
13. Sounds originating from existing natural gas transmission and distribution facilities. However, in circumstances where such sounds impact EDNA Class A environments and complaints are received, the director of the Department of Ecology or designee may take action to abate by application of EDNA Class C source limits to the facility under the requirements of WAC 173-60-050(5). (Ord. 22-633 § 1 (Exh. A)).
8.20.060 Enforcement.
The mayor, or designee, and any law enforcement officer are authorized to enforce this chapter. (Ord. 22-633 § 1 (Exh. A)).
8.20.070 Violation – Penalty.
Any person who violates the provisions of this chapter shall be provided a warning upon first contact. Any person who violates the provisions of this chapter for a second time within a 48-hour period will be subject to issuance of a civil infraction and a civil penalty of up to $175.00. A third violation within a 48-hour period or a subsequent violation within any one-year period will subject the violator to a civil infraction and a civil penalty of up to $250.00. (Ord. 22-633 § 1 (Exh. A)).