Chapter 6.16
NOISE CONTROL
Sections:
6.16.010 Declaration of policy – Findings of special conditions.
6.16.020 Adoption of state laws and regulations by reference.
6.16.040 Motor vehicle noise – Specific prohibitions.
6.16.050 Public nuisances and disturbance noises.
6.16.060 Noises exempt – Completely or partially.
6.16.070 Noises exempt – Daylight hours.
6.16.080 Enforcement – Complaints.
6.16.090 Provisions not exclusive.
6.16.010 Declaration of policy – Findings of special conditions.
(1) Declaration of Policy. It is hereby declared to be the policy of the city to minimize exposure of citizens to the harmful physiological and psychological effects of excessive noise. It is the express intent of the city council 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.
(2) Findings of Special Conditions. The problem of noise in the city has been observed by the city council and the city staff and is documented by the complaints received and logged in the police department. On the basis of these observations and complaints, the city council finds that special conditions exist within the city which make necessary any and all differences between this chapter and the regulations adopted by the Washington State Department of Ecology. (Ord. 2242 § 1, 1990).
6.16.020 Adoption of state laws and regulations by reference.
Chapter 70.107 RCW, Chapters 173-58, 173-60 and 173-62 WAC as existing on the date of enactment of the ordinance codified in this chapter or as hereafter amended by the state of Washington or applicable agencies, is hereby adopted by reference as if fully set forth herein. (Ord. 2242 § 1, 1990).
6.16.030 Definitions.
All technical terminology used in this chapter not defined herein shall be interpreted in conformance with American National Standards Institute Specifications Section 1.4-1983 as now in force or hereinafter amended. For purposes of this chapter, the words and phrases used herein shall have the meaning indicated below:
(1) “EDNA” means the environmental designation for noise abatement, being an area or zone (environment) within which maximum permissible noise levels are established.
(a) “Class A EDNA – Residential Zones” means zones designated in PMC Title 20, the Puyallup zoning code, as RS single-family residential zones, RM multiple-family residential zones and PDR planned residential development zones.
(b) “Class B EDNA – Commercial Zones” means zones designated in PMC Title 20, the Puyallup zoning code, as C commercial zones, OP professional office zones and PDC planned community development zones.
(c) “Class C EDNA – Industrial Zones” means zones designated in PMC Title 20, the Puyallup zoning code as M manufacturing zones.
(2) “Emergency work” means work made necessary 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 for providing or restoring immediately necessary utility service.
(3) “Motorcycle” means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, except farm tractors and such vehicles powered by engines of less than five horsepower.
(4) “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.
(5) “New motor vehicle” means a motor vehicle manufactured after December 31, 1976, the equitable or legal title of which has never been transferred to a person who, in good faith purchases the new motor vehicle for purposes other than resale.
(6) “Noise” means the intensity and duration character of sounds from any and all sources.
(7) “Off-highway vehicle” means any self-propelled motor driven vehicle not used primarily for transporting persons or property upon public highways nor required to be licensed under RCW 46.16.010.
(8) “Person” means any individual, firm, association, partnership, corporation, or any other entity, public or private.
(9) “Property boundary” means the survey line at ground service which separates the real property owned, rented, or leased by one or more other persons and its vertical extension.
(10) “Public nuisance noise” means any sound which unreasonably either annoys, injures, interferes with, or endangers the comfort, repose, health or safety of three or more persons residing within separate residences in the same community or neighborhood, although the extent of the damage may be unequal. (Ord. 2365 § 1, 1993; Ord. 2242 § 1, 1990).
6.16.040 Motor vehicle noise – Specific prohibitions.
(1) Mufflers. It is unlawful for any person to operate a motor vehicle upon the public highways which is not equipped with a muffler in good working order, in constant operation, and in accordance with state regulations adopted by the State Patrol.
(2) Tire Noise. It is unlawful for any person to operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching, or other such sounds from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason provided that noise resulting from emergency braking to avoid imminent danger shall be exempt from this section.
(3) Alteration of Motor Vehicles. It is unlawful for any person to change or modify any part of a motor vehicle or install any device thereon in any manner that permits sound to be emitted by the motor vehicle which violates this chapter. (Ord. 2242 § 1, 1990).
6.16.050 Public nuisances and disturbance noises.
(1) Public Nuisance Noises. It is unlawful for any person to cause or allow to be emitted a noise which has been determined to be a public nuisance noise as defined herein.
(2) Public Disturbance Noise. It is unlawful for any person to cause or any person in possession of property to allow to originate from the property, sound that is a public disturbance. No sound source specifically exempted from this chapter shall be a public nuisance noise or public disturbance noise in so far as the particular source is exempted. The following source of sound shall be public disturbance noises:
(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 made by animal shelters, or commercial kennels, veterinary hospitals, pet shops, or pet kennels licensed under and in compliance with applicable regulations shall be exempt from this subsection. Notwithstanding any other provision of this chapter, if the owner or other person having custody of the animal cannot, with reasonable inquiry, be located by the investigating officer, or if the animal is a repeat violator of this subsection, the animal shall be impounded by the animal control officer or his designee, subject to redemption in the manner provided by Chapter 8.04 PMC;
(b) The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle except as a warning of danger or 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 in any residential zone 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 sounds from the property of a business operation which is intended to either attract the attention of the potential customers to the business or to communicate with employees who are at extended portions of the business property. Prior to January 1, 2010, any such sound amplifier, loudspeaker or pager shall not violate the levels set forth in WAC 173-60-040, except the provisions of WAC 173-60-040(2)(c) shall not apply to sounds created by sound amplifiers or other device capable of producing or reproducing amplified sounds originating from Class A EDNA, Class B EDNA or Class C EDNA, when such sounds are received by residential zones. As of January 1, 2010, no such sound amplifier, loudspeaker or pager shall be audible to the human ear beyond any perimeter of the subject business property;
(e) The making of any loud and raucous noise which unreasonably interferes with the use of any school, church, hospital, sanitarium or 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 sound and raucous noises which emanate frequently, repetitively, or continuously from any building, structure, or property, such as sounds originating from a band session, tavern operation or commercial sales lot;
(g) Public disturbance noise from portable or motor vehicle audio equipment:
(i) While in park areas, residential or commercial zones, or any area where residences, schools, human service facilities or commercial establishments are in obvious proximity to the source of the sound, it is unlawful for any person to negligently cause, make or allow to be made from audio equipment under such person’s control or ownership the following:
(A) Sound from a motor vehicle audio system, such as a radio, tape player or compact disc player, which is operated at such a volume that it could be clearly heard by a person of normal hearing at a distance of 50 feet or more from the vehicle itself; or
(B) Sound from portable audio equipment, such as a radio, tape player or compact disc player, which is operated at such a volume that it could be clearly heard by a person of normal hearing at a distance of 50 feet or more from the source of the sound.
(ii) This section shall not apply to persons operating portable audio equipment within a public park pursuant to an event under a permit issued by the city. (Ord. 2784 § 1, 2004; Ord. 2365 § 2, 1993; Ord. 2242 § 1, 1990).
6.16.060 Noises exempt – Completely or partially.
(1) The following noises are exempt from the provisions of this chapter at all times, provided, that nothing in these exemptions is intended to preclude the possible reduction of noise consistent with economic feasibility:
(a) Noise originating from aircraft in flight, and sounds which originate at airports and are directly related to flight operations;
(b) Noise created by safety and protective devices, such as relief valves where noise suppression would defeat the safety relief intent of the device;
(c) Noise created by fire alarms, or noise created by emergency equipment, including but not limited to emergency standby or back-up equipment, and emergency work necessary in the interests of law enforcement or of the health, safety, or welfare of the community, and including, but not limited to, any emergency work necessary to replace or repair essential utility services;
(d) Noise created by auxiliary equipment on motor vehicles used for highway maintenance;
(e) Noise originating from officially sanctioned parades, sporting events, and other public events, including but not limited to, events conducted by or at the Fairgrounds of the Western Washington Fair;
(f) Noise created by warning devices not operated continuously for more than 30 minutes per incident;
(g) Noise created by motor vehicles when regulated by PMC 6.16.030;
(h) Noise created by natural phenomenon and unamplified human voices;
(i) Noise created by motor vehicles, licensed or unlicensed when operated off public highways except when such sounds are received in residential zones of the city;
(j) Noise created by existing stationary equipment used in the conveyance of water by utilities and noise created by existing electrical substations;
(k) Noise created by sources in industrial districts which over the previous three years have consistently operated in excess of 15 hours per day as a demonstrated routine or as a consequence of process necessity;
(l) Noise created from school marching bands while practicing for parades on public streets.
(2) The following sources of noise are exempt or partially exempt from the provisions of this chapter:
(a) Noise created by the operation of equipment or facilities of surface carriers engaged in commerce by railroad;
(b) Noise emanating from temporary construction sites except between the hours of 10:00 p.m. and 7:00 a.m.;
(c) The public works director, or his or her designee, shall have the authority to prohibit, or to allow with or without mitigating conditions, noise that emanates from construction or related activity during evening or nighttime hours.
(3) It is the intention of city council to consider amendments to this chapter controlling the sources exempted in subsection (2) of this section whenever the Washington State Department of Ecology promulgates specific regulations relating to the specific sources in the future. (Ord. 3063 § 1, 2014; Ord. 2671 § 1, 2000; Ord. 2503 § 1, 1997; Ord. 2242 § 1, 1990).
6.16.070 Noises exempt – Daylight hours.
The following noises shall be exempt from the provisions of this chapter between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends:
(1) Noise created by powered equipment used in temporary or periodic maintenance or repair of resident property including but not limited to grounds and appurtenances, such as, but not limited to lawn mowers, powered hand tools, and composters;
(2) Noise created by the discharge of firearms on authorized shooting ranges;
(3) Noise created by the installation and repair of essential utility services;
(4) Noise created by blasting;
(5) Noise created by bells, chimes, or carillon not operated for more than five minutes in any one hour. (Ord. 2242 § 1, 1990).
6.16.080 Enforcement – Complaints.
(1) Complaint Only Basis. Only after a complaint has been received from an identified person who owns, rents, or leases property that is affected by a noise source may a civil infraction be issued; provided, that the section of this chapter relating to motor vehicles and noise emanating therefrom shall be subject to enforcement proceedings regardless of whether a complaint has been received; provided further, that with the exception of motor vehicle noises, noise created by industrial areas are to be enforced by the state of Washington.
(2) Separate Offenses. For enforcement purposes, each day defined as a 24-hour period beginning at 12:01 a.m. in which a violation of this chapter occurs, shall constitute a separate violation. (Ord. 3012 § 2, 2012; Ord. 2242 § 1, 1990).
6.16.090 Provisions not exclusive.
The provisions of this chapter shall be accumulative and not exclusive, and shall not affect any other claim, cause of action or remedy, nor, unless specifically provided, shall this chapter be deemed to repeal, 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. 2242 § 1, 1990).
6.16.100 Violation.
(1) Punishment. Any violation of the provisions of the ordinance codified in this chapter shall be punishable as a civil infraction with a maximum penalty of $250.00.
(2) Evidence in Proceedings. In any proceeding under this chapter, unless specifically required by regulations adopted herein by reference, evidence of sound level through the use of sound level meter readings shall not be necessary to establish the commission of the violation.
(3) Each day of violation shall be deemed a separate violation. (Ord. 2242 § 1, 1990).
6.16.110 Severability.
If any provision of the ordinance codified in this chapter, or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provisions to other persons or circumstances, shall not be affected. (Ord. 2242 § 1, 1990).