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Title 8
HEALTH AND SANITATIONChapters:
8.04 Health Officer
8.12 Garbage
8.20 Noise Control
Chapter 8.04
HEALTH OFFICERSections:
8.04.010 Dangerous, contagious or infectious disease defined.
8.04.020 Appointment – Reports.
8.04.030 Duties – Powers.
8.04.040 Physician to give notice of disease.
8.04.050 Determination of disease.
8.04.060 Health officer duties – Failure to perform – Removal.
8.04.070 Expenses.
8.04.080 Penalty for violations.
8.04.010 Dangerous, contagious or infectious disease defined.
“Dangerous, contagious or infectious disease,” as used in this chapter means such disease or diseases as the State Board of Health designates as contagious or infectious or dangerous to the public health. (1958 Code § 5.04.050).
8.04.020 Appointment – Reports.
The mayor of the city shall every year appoint a legally qualified physician city health officer in and for the city, whose compensation shall be fixed by the council and whose term of office is until January 31st of the year following that in which he is appointed or until his successor is appointed and qualified. He shall report immediately to the State Board of Health every new outbreak of any contagious or infectious disease and shall make weekly reports to the county health officer of all of the contagious and infectious diseases occurring within the city. (1958 Code § 5.04.010).
8.04.030 Duties – Powers.
It is the duty of the city health officer, upon the appearance of any dangerous, contagious or infectious disease within the city immediately to investigate all circumstances concerning such diseases, and to make a full report thereof as above required and at all times, promptly, to take such measures for the prevention, suppression and control of such diseases as may be needful and proper. He shall have the power to remove to and restrain in a pest house or isolation hospital or to quarantine or isolate any person sick with any dangerous, contagious or infectious disease until such person has thoroughly recovered and been disinfected; provided that no person shall be removed to or restrained in a pest house or isolation hospital until such person has been examined by the city health officer or a medical deputy. He shall also quarantine, isolate, restrain, vaccinate or disinfect any person or persons exposed to any dangerous, contagious or infectious disease in such a manner and for such time as he may deem best or the State Board of Health may direct. He shall disinfect any room, house or building and the contents thereof or any clothing, bedding, furniture or other articles that may be infected in such a manner that the danger of conveying any disease by such means is destroyed. (1958 Code § 5.04.020).
8.04.040 Physician to give notice of disease.
Whenever any physician attends any person sick with any dangerous, contagious or infectious disease, or with any disease required by the State Board of Health to be reported, he shall, within 24 hours give notice thereof to the city health officer. (1958 Code § 5.04.030).
8.04.050 Determination of disease.
In case of the question arising as to whether or not any person is affected or is sick with a dangerous, contagious or infectious disease, the opinion of the city health officer shall prevail until the State Board of Health can be notified, and then the opinion of the executive officer of the State Board of Health, or any member or physician he may appoint to examine such case shall be final. (1958 Code § 5.04.040).
8.04.060 Health officer duties – Failure to perform – Removal.
Any health officer who refuses or neglects to obey or enforce the provisions of this chapter or the rules or regulations or orders of the State Board of Health or who refuses or neglects to make prompt and accurate reports to the County Health Office or to the State Board of Health may be removed as health officer by the city council and shall not again be reappointed except with the consent of the State Board of Health. (1958 Code § 5.04.070).
8.04.070 Expenses.
All expenses incurred in carrying out the provisions of this chapter, or any of them, shall be paid by the city. (1958 Code § 5.04.060).
8.04.080 Penalty for violations.
Any person violating any of the provisions of this chapter or violating or refusing or neglecting to obey any of the rules or regulations or orders made for the prevention, suppression and control of dangerous, contagious or infectious diseases by the county board of health, city health officer or State Board of Health, or who leaves any pest house or isolation hospital or quarantine house or place without the consent of the city health officer, or who evades or breaks quarantine or conceals a case of contagious or infectious disease or assists in evading and breaking any quarantine or assists in concealing any case of contagious disease, or who fails to make any report as in this chapter required, is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.08 EMC. (Ord. 1079 § 2, 1973; 1958 Code § 5.04.080).
Chapter 8.12
GARBAGESections:
8.12.010 System established.
8.12.020 Definitions.
8.12.030 Removal – Duty.
8.12.040 Removal – City right to contract.
8.12.050 Contractor’s bonds.
8.12.060 Contract termination – Reimbursement for equipment.
8.12.070 Authorized collector only.
8.12.080 Vehicles employed by contractor.
8.12.090 Collector – Records.
8.12.110 Cans – Required.
8.12.120 Cans – Specifications – Use.
8.12.130 Cans – Securing against marauding animals.
8.12.135 Waste to comply with the Resource Conservation Recovery Act.
8.12.140 Residential classification – Prepared garbage.
8.12.150 Segregation of paper and swill.
8.12.160 Storage.
8.12.164 One and one-half yard containers – Required for newly constructed multiple dwelling units.
8.12.166 One and one-half yard containers – When an account required to purchase.
8.12.170 Bulk collection – Containers.
8.12.180 Collection – Rates.
8.12.185 Utility tax on garbage collection.
8.12.190 Collection – Schedule – Swill removal – Method.
8.12.200 Charges – Special or irregular service.
8.12.210 Charges – Loads which cannot be placed in cans.
8.12.220 Charges – Billing – Lien against property.
8.12.230 Unlawful to throw, place or scatter garbage.
8.12.240 Dead animals.
8.12.250 Penalty for violation.
8.12.010 System established.
There is hereby established for the city a system for the collection, removal and disposal of garbage and all waste and refuse, etc.; and providing rules and regulations for the collection and disposal of all garbage, waste and refuse within the city; providing rates for collection and disposal, and providing methods for payment therefor. (1958 Code § 5.08.010).
8.12.020 Definitions.
In this chapter:
A. “Garbage” includes all sweepings, cleanings, trash, rubbish, litter, industrial or domestic wastes, organic waste or residue from animals, kitchen waste, whether organic or inorganic, trees, shrubs, grass, trimmings, ashes, cinders, dirt, wood, stone, brick, cans, plaster, or any materials resulting from demolition, alteration or construction, bottles, boxes, wire, nails, scrap metal or any waste substance that may become a nuisance or a hindrance to the health, sanitation or general appearance of the city.
B. “Prepared garbage” is waste material from kitchens, dining rooms, etc., from which liquids have been drained and solid matter wrapped in papers.
C. “Raw garbage” is swill or other like substance, not prepared as provided in subsection B of this section. (1958 Code § 5.08.060).
8.12.030 Removal – Duty.
It shall be the duty of every person to cause garbage and refuse to be removed and disposed of by the garbage and refuse department of the city. (1958 Code § 5.08.120).
8.12.040 Removal – City right to contract.
The city may collect and remove garbage or may on every sixth year, if desired, on or before the first day of May, ask for and receive bids for the collection, removal and disposal of garbage, refuse, waste and other substances as provided for in this chapter, and enter into garbage contracts accordingly. The contracts shall be for not more than six years, but may be made subject to cancellation by the contractor on 60 days’ written notice at the middle point only of the contract, without forfeiture by the contractor of the cash or surety bond described in EMC 8.12.050. There shall be added a charge of 20 percent to the amount from the contractor to cover the billing, collection and administration expenses of this contract, which charge shall be paid by the customer together with the original billing to the city. (Ord. 1269 § 1, 1979; 1958 Code § 5.08.020).
8.12.050 Contractor’s bonds.
Contractors under the provisions of this chapter shall be required to furnish a cash or surety bond, approved by the city council, in an amount not less than $500.00, conditioned for the faithful performance of their duties, and the payment of any and all damages occasioned by their willful act or negligence of their duties. (1958 Code § 5.08.030).
8.12.060 Contract termination – Reimbursement for equipment.
Every contract entered into by virtue of this chapter shall specify that the city may terminate such contract for failure of performance on the part of the contractor, and may in any event terminate the contract upon 60 days’ notice without cause; provided that in event the contract is terminated without cause, the city shall purchase all equipment used in connection therewith at a value to be determined by a board of appraisers, one appointed by the contractor, one by the city and a third by the two thus appointed. The decision of any two appraisers is controlling. (1958 Code § 5.08.040).
8.12.070 Authorized collector only.
From and after the effective date of the ordinance codified in this chapter, it is unlawful for any person other than the duly authorized collector and/or contractor, to engage in the business of collection, removal or disposal of garbage, refuse, etc., in the city, or to use the garbage dump without special permission from the city for the specific purpose desired. (1958 Code § 5.08.050).
8.12.080 Vehicles employed by contractor.
Trucks and vehicles employed by a contractor must be a packer-type body. (1958 Code § 5.08.220).
8.12.090 Collector – Records.
The collector shall keep an accurate account of all services by him rendered with the names, locations, and items and dates of service, on forms to be furnished by the city and shall turn the same in to the city garbage cashier not later than the twenty-fifth day of each month; and he shall also be required to provide a telephone for the receiving of calls related to matters connected with his contract, or report at regular specified times, as the city may require, to the city garbage cashier. (1958 Code § 5.08.200).
8.12.110 Cans – Required.
It is the duty of every person in possession, charge or control of any occupancy, business or other establishment where garbage and refuse is created or accumulates, at all times to keep or cause to be kept, portable cans for the deposit therein of garbage and refuse; and to deposit or cause to be deposited the same therein. (Ord. 1790 § 3, 1993; 1958 Code § 5.08.070).
8.12.120 Cans – Specifications – Use.
Cans shall be water-tight, of not less than 10 and not more than 32-gallon capacity, shall have two handles at the sides thereof, and tight-fitting lids. Such lids shall not be removed except when necessary to place garbage and refuse in the cans or to take some therefrom; and the lids shall be properly replaced. Cans shall be kept in a sanitary condition with the outside clean and free from accumulating grease and decomposing material. Each can shall be placed curbside on the appropriate collection day for proper collection, removal and disposal. (Ord. 1790 § 4, 1993; 1958 Code § 5.08.080).
8.12.130 Cans – Securing against marauding animals.
All garbage cans shall be protected or secured so that they are not upset by dogs or other marauding animals. (1958 Code § 5.08.100).
8.12.135 Waste to comply with the Resource Conservation Recovery Act.
A. All waste generated or collected from within the corporate limits of the city which is delivered to the system for disposal shall be in compliance with the Resource Conservation Recovery Act, as amended (42 U.S.C. 6901 et seq.), Chapter 70.95 RCW, King County Board of Health Rules and Regulations #8.
B. A copy of those provisions set forth in subsection A of this section shall be made available for public review with the city clerk/treasurer, city of Enumclaw during normal business hours. (Ord. 1595 §§ 1, 2, 1990).
8.12.140 Residential classification – Prepared garbage.
It is unlawful for any person, firm or corporation in the residential classification to dispose of or store garbage in standard garbage cans unless such garbage has been prepared and complies with the definition of prepared garbage as set out in this chapter; providing however, that fruit or vegetable waste resulting from canning, etc., containing a high moisture content not susceptible to ready draining, may be deposited and segregated with noncombustible garbage. (1958 Code § 5.08.110).
8.12.150 Segregation of paper and swill.
The city reserves the right to and may at its option, require the segregation of paper and swill or other component parts of garbage and may require the deposit thereof in separate cans and may prescribe the method of disposal thereof. (1958 Code § 5.08.150).
8.12.160 Storage.
It is unlawful for any person, firm or corporation, to store or permit the storage of garbage for collection on or about their premises or premises occupied by them unless the garbage is kept in an approved can-container such as a 20-gallon or otherwise authorized mini-can, 32-gallon can, 95-gallon or otherwise authorized wheeled cart, recyclable bins, dumpster-container or other receptacle authorized by the city. (Ord. 1790 § 5, 1993; 1958 Code § 5.08.140).
8.12.164 One and one-half yard containers – Required for newly constructed multiple dwelling units.
Multiple dwelling units consisting of two to four or more units per building shall provide a city specified one and one-half yard container upon the construction of each building. That container shall be purchased by the owner and dedicated to the city. (Ord. 1374 § 1, 1982).
8.12.166 One and one-half yard containers – When an account required to purchase.
At the establishment of any new commercial account, or when an active commercial account changes from any other type of container to a city specified one and one-half yard container, that account will be required to purchase the initial container and dedicate the same to the city. (Ord. 1374 § 2, 1982).
8.12.170 Bulk collection – Containers.
Large suitable containers for bulk collection of garbage and refuse may, with the approval of the garbage department, be used by hotels, restaurants, boardinghouses, eating places, apartment houses, schools and hospitals, and in the business districts. (1958 Code § 5.08.090).
8.12.180 Collection – Rates.
A. Effective January 1, 2008, the following monthly rate for solid waste removal shall be, and shall be billed, as follows for one collection per week:
1. Can-Container Rates. These rates apply to single-family dwellings or family units and other collections, including commercial, apartments, rooming houses, public buildings and other establishments where a can-container will adequately serve the customer based upon weekly pickup:
a. One 20-gallon mini-can: $13.61 per month;
b. One 32-gallon can: $17.70 per month;
c. Two 32-gallon cans: $28.20 per month;
d. Three 32-gallon cans: $38.55 per month;
e. Additional cans (incidental): $3.54 per collection.
This rate includes the service of curbside collection of recyclables on alternate weekly pickup.
2. Wheeled Cart-Container Rates.
a. Ninety-six-gallon wheeled cart-container: $37.69 per month;
b. Additional collections for 96-gallon wheeled cart-containers at five or more collections per month: $9.42 per collection.
3. Dumpster-Container Rates. These rates apply to commercial establishments, apartment houses, rooming houses, public buildings and other establishments where a cubic yardage dumpster- container will adequately serve the customer based upon periodic collections per month. The city will allow dumpster-containers in the following sizes at the following rates:
a. One-and-one-half-cubic-yard container: $99.33 per month;
b. Additional collections for one-and-one-half-cubic-yard containers at five or more collections per month: $24.84 per collection.
4. Yard Waste Container Rate. This rate applies to all customer classes including residential, commercial, public or other establishments where a 96-gallon wheeled cart container will adequately serve the customer based upon alternate weekly pickup opposite the collection date for curbside recyclables. The yard waste container rates shall be:
a. One 96-gallon wheeled cart: $8.22 per month;
b. Second 96-gallon wheeled cart: $7.41 per month;
c. Additional 96-gallon wheeled carts: $6.66 per month;
d. Additional bagged or properly bundled yard waste, 45-gallon bag maximum, 50-pound maximum weight: $3.54 per bag or bundle per collection.
B. No privately owned wheeled carts, dumpster-containers or recycling bins will be allowed.
C. The prices set forth above are for cans and containers placed within 20 feet of the curb or shoulder. Those containers outside the 20 feet from curb or shoulder shall not be picked up. No can, filled or otherwise, may exceed 50 pounds.
D. Charges for collection of items placed outside of containers or of unusual shape or material will be based on an estimated value as established by the department, except that properly bundled recyclable material will be collected at no additional charge, at the discretion of department personnel.
E. Customers that terminate and then restart yard waste collection will be charged a $20.00 container delivery charge. There is no delivery charge for the initial signup.
F. The yard waste container rate specified in subsection (A)(4) of this section is not mandatory but optional as a service to the customer. It is intended to be available as a year-round service just as garbage collection and recycling are year-round services available to the customer.
G. Within the definition of “garbage” contained in EMC 8.12.020(A), materials referenced as trees, shrubs, grass, trimmings and related organic materials shall be deemed as “yard waste.” Yard waste will no longer be accepted in the normal refuse collection program, and must only be deposited for collection, removal and disposal as authorized through the city’s yard waste program.
H. Any person violating the terms of this section is guilty of a misdemeanor and shall be punished in accordance with EMC 9.00.030. (Ord. 2380 § 1, 2007; Ord. 2324 § 1, 2006; Ord. 2296 § 1, 2005; Ord. 2142 §§ 1, 2, 2002; Ord. 2036 § 1, 1999; Ord. 2006 § 1, 1999; Ord. 1931 §§ 1, 2, 1997; Ord. 1920 §§ 2, 3, 1996; Ord. 1839 § 1, 1995; Ord. 1790 § 2, 1993).
8.12.185 Utility tax on garbage collection.
A. An eight percent utility tax shall be applied to the garbage utility gross receipts and/or amounts collected by private carriers of garbage or recyclable materials. The gross receipts consist of those moneys received from charges as set forth in EMC 8.12.180.
B. This utility tax shall be applied to mobile home parks which collect garbage or recyclable materials for the residences of the park, which amount of tax shall be determined by applying the amount of the tax rate times the amount the mobile home park pays to the disposal or receiving site.
C. The mobile home park shall submit a quarterly report in a form provided by the city setting forth, under oath, the amount of the fees paid to the disposal or receiving site, and they shall make payment of the applicable tax within 30 days from the end of each quarter. Delinquencies may be assessed interest at the rate established for judgments in King County Superior Court plus a penalty of 10 percent times the amount owed, less interest.
D. Private carriers of garbage or recyclable materials shall submit quarterly reports on amount charged to customers and pay a utility tax on the amount received from customers, at a rate as set forth above. The report shall be on a form provided by the city, and shall be submitted together with the above tax within 30 days from the end of each quarter. Delinquencies may be assessed as set forth in subsection C of this section. (Ord. 1888 § 1, 1996; Ord. 1772 § 1, 1993).
8.12.190 Collection – Schedule – Swill removal – Method.
Collections in the business district shall be two or three times a week as required; collections from cafes, restaurants, butcher shops, etc., shall be made on Mondays, Wednesdays and Saturdays where unprepared garbage accumulates; provided, however, the collector may not be required to remove swill. Swill removal shall be contracted privately. Boxes, paper and combustible material shall not be placed in alleys and, should such material find its way there, it shall at once be removed by the party responsible therefor. The collector shall see that the alleys, streets and private property he may cross are left in a clean and sanitary condition after loading. The collector, or anyone hauling garbage, shall not permit any material to be dropped or spilled from the truck on any of the public ways of the city, nor on or along the side of roads in King County. (1958 Code § 5.08.230).
8.12.200 Charges – Special or irregular service.
Should more or less frequent service in the residential or business districts or any part thereof be directed by the garbage department, an increase or decrease in rates proportionate to the added or reduced cost of service shall be made.
Where can is kept within a basement, in a building or upstairs and is inaccessible by reason of locked doors, or it is necessary to call or knock for owner or occupant of building to gain admittance, an additional charge based upon the time consumed shall be made. (1958 Code § 5.08.210).
8.12.210 Charges – Loads which cannot be placed in cans.
Special loads that cannot be placed in cans may be contracted for with the collector, who in turn shall turn in the charges for such special loads to the city garbage cashier for collection. Ninety percent of the moneys so collected for special loads shall be paid to the contractor each month, which moneys shall be paid in addition to the amounts specified in his contract. (1958 Code § 5.08.190).
8.12.220 Charges – Billing – Lien against property.
There will be collection charges to be billed by the city on the first business day of each and every second month for the previous two months and shall be payable within 30 days thereafter and if not so paid shall become a lien against the property for which the garbage service is rendered and collectible as provided in RCW 35.21.140 and 35.21.150. (1958 Code § 5.08.180).
8.12.230 Unlawful to throw, place or scatter garbage.
It is unlawful for any person, firm or corporation to throw, place or scatter any garbage as listed above upon a city street, alley or driveway, or adjacent thereto, either with or without the intent of later removal or to suffer or permit the accumulation of such on any premises owned, occupied or controlled by the person, firm, or corporation, which would make the premises offensive, unsanitary, unsightly or unsafe to public health or hazardous to fire. (1958 Code § 5.08.130).
8.12.240 Dead animals.
It shall be the duty of every person in possession, charge of or control of any dead animal, or any premises on which the same may be located, to cause the same to be removed and disposed of within 24 hours. A charge shall be made by the city of $0.50 for cats, dogs or small animals. (1958 Code § 5.08.160).
8.12.250 Penalty for violation.
Any person who violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.08 EMC. (Ord. 1079 § 2, 1973; 1958 Code § 5.08.260).
Chapter 8.20
NOISE CONTROLSections:
8.20.010 Declaration of policy.
8.20.020 Definitions.
8.20.030 Identification of environments.
8.20.040 Maximum permissible environmental noise levels.
8.20.050 Exemptions.
8.20.060 Public nuisance and disturbance noises.
8.20.070 Motor vehicle noise levels – WAC standards adopted by reference.
8.20.080 Variances.
8.20.090 Penalties.
8.20.100 WAC standards on file.
8.20.010 Declaration of policy.
It is declared to be the policy of the city to minimize exposure of citizens to harmful and psychological effects of extensive noise. It is the expressed 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. 1599 § 3, 1988).
8.20.020 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 meaning indicated below:
A. “Decibel (dB(A))” 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 logarithmic to the base 10 of the ratio of the pressure of the sound to the reference pressure of 20 micropascals.
B. “Environmental designation for noise abatement (EDNA)” being an area or zone (environmental) within which maximum permissible noise levels are established.
C. “Noise” means the intensity, duration and character of sounds, from any and all sources.
D. “Person” means any individual, corporation, partnership, association, governmental body, state agency or other entity whatsoever.
E. “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.
F. “Receiving property” means real property within which the maximum permissible noise level specified herein shall not be exceeded from sources outside such property.
G. “Sound level meter” means the device which measures sound pressure levels and conforms to Type I or Type II as specified in the American National Standards Institute’s Specifications Section 1.4-1971. (Ord. 1599 § 4, 1988).
8.20.030 Identification of environments.
A. Class A EDNA are 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 are 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 are 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. 1599 § 5, 1988).
8.20.040 Maximum permissible environmental noise levels.
No person shall cause or permit property of another person which noise exceeds the maximum permissible noise level set forth in WAC 173-60-040, which section is adopted by reference. (Ord. 1599 § 6, 1988).
8.20.050 Exemptions.
The exemptions to the maximum permissible environmental noise levels set forth in WAC 173-60-050 are adopted by reference. (Ord. 1599 § 7, 1988).
8.20.060 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 the peace, comfort and repose of property owners or possessors except that such sounds shall be exempt when originating from lawfully operated animal shelters;
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. 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;
E. The making of any loud and raucous noise which unreasonably interferes with the use of any school, church, hospital, sanitarium, nursing or convalescent facility;
F. The creation by use of a musical instrument, whistle, sound amplifier, stereo, jukebox, radio, television, or other device capable of reproducing loud and raucous noises which emanate frequently, repetitively or continuously from any building, structure or property, such as sound originating from a band session, tavern operation, or social gathering. (Ord. 1599 § 8, 1988).
8.20.070 Motor vehicle noise levels – WAC standards adopted by reference.
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 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 adopted by reference. (Ord. 1599 § 9, 1988).
8.20.080 Variances.
A. The board of adjustment shall have authority to grant variances from the requirements of this chapter. Variance procedures specified in Chapter 18.54 EMC shall apply.
B. Variances may be granted to any person from any particular requirement of this chapter, if findings are made by the board of adjustment 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 nonavailability of feasible technology or control methods. 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. An implementation schedule for achieving compliance with this chapter shall be incorporated into any variance issued. (Ord. 1599 § 10, 1988).
8.20.090 Penalties.
A. Motor Vehicle Offenses. All offenses defined in this chapter relating to the operation of motor vehicles shall constitute traffic infractions.
B. Other Noise Offenses. All other noise offenses defined in this chapter shall constitute misdemeanors and be punishable as set forth in EMC 9.00.030.
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 this code or by common law. (Ord. 1599 § 11, 1988).
8.20.100 WAC standards on file.
A copy of the Washington Administrative Code, incorporated by reference herein, shall be available for public inspection with the city clerk, during all business hours. (Ord. 1599 § 12, 1988).