CHAPTER 2
NOISE
SECTION:
6-2-2: Public Noise Disturbances
6-2-4: Identification Of Environments
6-2-5: Maximum Permissible Environmental Noise Levels
6-2-7: Sound Amplification Permits
6-2-9: Civil Infraction; Penalty
6-2-1 DEFINITIONS:
Specific terms used in this chapter are defined below and shall be interpreted to be in accordance with RCW 70.107.020 and WAC 173-60-020, as now enacted or hereafter amended. In all cases of direct conflict, said statute and regulations shall control; and if not set forth there, terms shall be interpreted in conformance with the definitions set forth herein; and if not set forth there, terms shall be interpreted in conformance with definitions used by the American National Standards Institute (ANSI) or its successor body; and if not set forth there, terms shall be interpreted in conformance with their usual and ordinary meaning.
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A-WEIGHTED SOUND LEVEL: |
The sound pressure level in decibels measured using the "A"-weighted network on a sound level meter as specified by the American National Standards Institute specification for sound level meters as now existing or as hereafter amended or modified. The level so read is designated dBA. |
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CONSTRUCTION: |
Any site preparation (including blasting), grading, assembly, erection, demolition, substantial repair, alteration or similar action for or of public or private rights-of-way, structures, utilities or similar property. |
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DAY OR DAYTIME: |
The hours between seven o’clock (7:00) A.M. and ten o’clock (10:00) P.M. on weekdays, and between nine o’clock (9:00) A.M. and seven o’clock (7:00) P.M. on Saturdays, Sundays and legal holidays. "Legal holidays," for purposes of this Chapter shall be those set forth in RCW 1.16.050 as now enacted or hereafter amended. |
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DECIBEL (dB): |
A decibel is a unit for measuring the volume of sound. (dBA) is defined above under the heading "A-WEIGHTED SOUND LEVEL." |
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EDNA (Environmental Designation for Noise Abatement): |
An area or zone within which maximum permissible noise levels are established by the Washington State Department of Ecology and this code. |
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EXISTING: |
A process, event, or activity in an established area prior to September 1, 1975. |
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IMPULSIVE SOUND: |
Sound of short duration, usually less than one second, with an abrupt onset and rapid decay, with a peak value exceeding the ambient level by more than 10 dBA. |
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LDN: |
The day-night average sound level which is a 24-hour energy average of the A-weighted sound pressure level where 10 dBA is added to nighttime noise levels from 10:00 p.m. to 7:00 a.m. before averaging. |
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LEQ: |
The equivalent A-weighted sound level which is the constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound. |
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NIGHT OR NIGHTTIME: |
Those hours not defined as "day or daytime" in this section. |
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NOISE: |
The intensity, duration and character of sounds from any and all sources. |
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NOISE DISTURBANCE: |
Any sound which annoys, disturbs, or perturbs reasonable persons with normal sensitivities; or any sound which unreasonably injures or endangers the comfort, repose, health, hearing, peace, or safety of persons or animals. |
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PERSON RESPONSIBLE FOR THE VIOLATION: |
Any individual, corporation, partnership, association, government body, state agency or other entity whatsoever, who is required by the applicable regulation to comply therewith, or who commits any act or omission which is a violation or causes or permits a violation to occur or remain upon property in the city, and includes but is not limited to owner(s), lessor(s), tenant(s), or other person(s) entitled to control, use and/or occupy property where a violation occurs. |
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PURE TONE COMPONENT: |
Any sound which can be distinctly heard as a single pitch or a set of single pitches. A pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five decibels for center frequencies of 500 Hz and above, by eight decibels for center frequencies between 160 Hz and 400 Hz, and by 15 decibels for center frequencies less than or equal to 125 Hz. |
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REAL PROPERTY: |
An interest or aggregate of rights in land that is guaranteed and protected by law. For the purposes of this chapter, "real property" includes leasehold interests, including interests in a unit of a multiple unit structure, such as a condominium, apartment building, office building or other structures, regardless of whether the unit in question is a ground floor unit or not. For the purpose of this chapter, "ground floor" is synonymous with "first floor" and such term shall be given its usual and ordinary meaning. |
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RECEIVING PROPERTY: |
Real property within which sound originating from outside the property is received and within which unreasonably disturbing noise, as defined herein, or the maximum permissible noise levels specified herein, shall not be exceeded from sources outside such property. |
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SOUND AMPLIFICATION EQUIPMENT: |
Any machine or device for the amplification of the human voice, music or any other noise or sound. |
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SOUND LEVEL: |
A weighted sound pressure level measured by the use of a sound level meter using an A-weighted network and reported as decibels, dBA. |
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SOUND LEVEL METER: |
A device which measures sound pressure levels and conforms to Type 1 or Type 2, as specified in the American National Standards Institute Specification Section 1.4 (1971) as now exists or as hereafter amended or modified. |
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WARNING DEVICE: |
Any device intended to provide public warning of potentially hazardous, emergency or illegal activities, including but not limited to a burglar alarm or vehicle backup signal. |
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WEEKDAY: |
Any day, Monday through Friday, for purposes of this Chapter, that is not a "legal holiday" as defined in RCW 1.16.050 as now enacted or hereafter amended. |
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WEEKEND: |
Saturday, Sunday and any "legal holiday" as defined in RCW 1.16.050. (Ord. 655, 8-25-2003; Ord. 895, 8-26-2013) |
6-2-2 PUBLIC NOISE DISTURBANCES:
A. Public Noises Disturbances Enumerated: "Public disturbance noise" as defined in RCC 6-2-1 includes, but is not limited to, those noises listed in this subsection that are not exempt under RCC 6-2-6. The following acts are considered to be noise disturbances, if the noise is clearly audible across a real property boundary, or at least 75 feet from the source; provided, however, that nothing in this Chapter is intended to, nor shall be construed to, conflict with the Washington State Department Code provisions promulgated by the DOE, as currently set forth in Chapter 173-60 WAC, as now enacted or hereafter amended. Content of the sound will not be considered in considering a violation.
1. Loud and raucous, and frequent, repetitive or continuous sounds made by any horn or siren attached to a motor vehicle, except that any sounds made by an emergency warning system specifically permitted or required by law shall be allowed; provided, that an actual emergency must exist.
2. Loud and raucous, and frequent, repetitive or continuous sounds made in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off highway vehicle or internal combustion engine.
3. Any loud and raucous sound made by use of a television set, audio equipment, musical instrument, whistle, sound amplifier, or other device capable of producing or reproducing sound which emanates frequently, repetitively or continuously from any building, structure or property, such as sound originating from a band session, tavern operation or social gathering and which unreasonably disturbs or interferes with the peace, comfort and repose of owners or possessors of real property in the area affected by such noise not otherwise permitted by law or by an exemption under this Chapter, or by city permit.
4. Loud and raucous, and frequent, repetitive or continuous sounds made by the amplified or unamplified human voice or by an animal between the hours of ten o’clock (10:00) P.M. and seven o’clock (7:00) A.M and not otherwise exempted by this Chapter, or permitted by law or by city permit. The content of the speech shall not be considered against any person in determining a violation of this subsection.
5. A sound amplifier or other device capable of producing or reproducing an amplified sound upon public streets, whether stationary or moving, except as permitted by law or city permit.
6. Loud and raucous, and frequent, repetitive or continuous sounds clearly audible at schools, hospitals, sanitariums, or nursing or convalescent facilities.
7. Any sound from a motor vehicle, audio sound systems, such as tape players, radios and compact disc players except as permitted by law or by city permit.
8. Sound from portable audio equipment such as tape players, radios and compact disc players except as permitted by law or by city permit.
9. Sound from a construction site outside the hours that construction sounds are exempt from the provisions of this chapter or outside expanded hours authorized by city permit.
10. Sounds which do not exceed the maximum environmental noise levels set forth in RCC 6-2-5 may consititute noise disturbances under the criteria set forth in this section. (Ord. 655, 8-25-2003; Ord. 895, 8-26-2013)
6-2-3 PUBLIC NUISANCE NOISES:
It is unlawful for any person to cause or allow to be emitted a public nuisance noise. A "public nuisance noise" is any noise which affects equally the rights of an entire community or neighborhood, although the extent of the damage may be unequal. Nothing in this Chapter is intended nor shall interfere with the City or any individual from pursuing rights and remedies under Chapter 7.48 RCW. (Ord. 655, 8-25-2003; Ord. 895, 8-26-2013)
6-2-4: IDENTIFICATION OF ENVIRONMENTS:
A. Environmental designations for noise abatement are as follows:
1. Residential land use district: Class A EDNA;
2. Commercial land use district: Class B EDNA;
3. Industrial land use district: Class C EDNA.
B. The land use districts listed in the City of Roy Land Development Code, RCC Title 11, are classified for the purposes of this chapter as follows:
1. Residential land use district: SFR, TRD, MFR;
2. Commercial land use district: C, R, MU;
3. Industrial land use district: LI.
C. The EDNA of any property shall be based on typical uses set forth in WAC 173-60-030, as now existing or hereafter amended. (Ord. 895, 8-26-2013)
6-2-5: MAXIMUM PERMISSIBLE ENVIRONMENTAL NOISE LEVELS:
A. No person shall cause or permit sound to intrude onto the real property of another person which exceeds the maximum permissible sound levels established by this chapter. The point of measurement shall be at the property boundary of the receiving property or anywhere within.
B. For sound sources located within the City, the maximum permissible sound sources are as follows:
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EDNA of Noise Source |
EDNA of Receiving Property |
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Class A (dBA) |
Class B (dBA) |
Class C (dBA) |
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Class A |
55 |
57 |
60 |
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Class B |
57 |
60 |
65 |
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Class C |
60 |
65 |
70 |
C. Maximum permissible sound levels shall be modified as follows:
1. Reduce by 10 dBA, nights, 10:00 p.m. to 7:00 a.m., for receiving property in Class A EDNAs; and
2. Reduce by five dBA for impulsive or pure tone sounds for any receiving property at any time; and
3. Increase for short duration for any receiving property at any time:
a. Increase by five dBA for 15 minutes in any one-hour period; or
b. Increase by 10 dBA for five minutes in any one-hour period; or
c. Increase by 15 dBA for 1.5 minutes in any one-hour period; and
4. Increase by 10 dBA for the operation of sound amplification equipment operated in compliance with a permit issued pursuant to RCC 6-2-7.
D. If the measurements of sound are made with a sound level meter, the instrument shall be in good operating condition and shall meet the requirements for a Type 1 or Type 2 instrument, as described in American National Standards Institute Specifications as now exist or as hereafter amended or modified. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such manner that the overall accuracy shall be at least that called for in the National Standards Institute Specifications.
E. Where a receiving property lies within more than one EDNA, the maximum permissible sound level shall be determined by the most noise-sensitive EDNA. (Ord. 895, 8-26-2013)
6-2-6 EXEMPTIONS:
A. Sounds exempt at all times from decibel limitations of this chapter; provided, however, that such sounds may still be violations under the noise disturbances provisions of this chapter:
1. Sounds created by motor vehicles when regulated by WAC 173-60-040 and other RCC provisions.
2. Sound originating from aircraft in flight, and sounds which originate at airports and 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 such as relief valves where noise suppression would defeat the safety release intent of the device or is not economically feasible, as determined by the City.
6. Sounds originating from officially sanctioned parades or other public events.
7. Sounds created by emergency equipment and work necessary in the interest of law enforcement or for health, safety or welfare of the community.
8. Sounds created by the discharge of firearms in the course of lawful hunting activities.
9. Sounds created in the interest of law enforcement or for the health, safety or welfare of the City, including but not limited to sounds created by equipment used in the conveyance of water by utility and sounds created by electrical substations.
10. Sounds created by generators that do not exceed a sound level of 75 dBA during periods when there is no electrical service available from the primary supplier due to natural disaster or power outage.
11. Sounds, including sounds created by sound amplification equipment, emanating from any event or activity, for which a permit has been issued pursuant to RCC 6-2-7; provided, that sound created by sound amplification equipment from such event shall be exempt only if the permit issued pursuant to RCC 6-2-7 authorized the use of sound amplification equipment and such use was in compliance with all terms and conditions of the permit.
12. Sounds caused by unamplified human voices.
B. Sounds exempt from decibel limitations during daytime hours from the prohibitions of this chapter; provided, however, that such sounds may still be violations under the noise disturbances provisions of this chapter:
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 the installation or repair of essential utility services.
C. Noise from electrical substations and existing stationary equipment used in the conveyance of water, waste water, and natural gas by a utility, and noise from existing industrial installations which exceed the standards contained in the Code, and which, over the preceding three years, have consistently operated in excess of 15 hours per day as a consequence of process necessity and/or demonstrated routine normal operation shall be exempt from the limitation as to decibel levels permitted during night hours. Changes in working hours which would affect exemptions under this provision require the approval of the City.
D. Sounds originating from temporary construction sites as a result of construction activity, and sounds originating from forest harvesting and silvicultural activity shall be exempt from the decibel level limitations in this Chapter, except insofar as such provisions relate to the reception of noise within Class A EDNAs between the hours of 10 p.m. and 7 a.m.
E. Nothing in this chapter or the exemptions provided herein shall be construed as preventing the City of Roy from regulating noise from any source as a nuisance. (Ord. 655, 8-25-2003; Ord. 895, 8-26-2013)
6-2-7: SOUND AMPLIFICATION PERMITS:
A. Any person desiring to operate sound amplification equipment consistent with RCC 6-2-6.A.11. and the owner of property on which such equipment is proposed to be operated shall jointly file with the city clerk-treasurer and the chief of police an application for a permit and shall provide the following information:
1. The name and address of the sound amplification equipment operator, and a phone number where the operator can be reached during the time when the sound amplification equipment is proposed to be in use;
2. The name and address of the property owner for the location described in subsection A.3. of this section if different from the operator, and a phone number where the property owner can be reached during the time when the sound amplification equipment is proposed to be in use;
3. A statement describing the address and location at which the sound amplification equipment will be in operation;
4. A general description of the sound amplification equipment and the purposes for which it is to be used; and
5. A statement designating the proposed time during which the sound amplification equipment will be in operation.
B. Use of sound amplification equipment may be authorized by the city clerk-treasurer and the chief of police subject to the following criteria:
1. The use of amplified sound equipment shall not be allowed at the same location or on the same property on more than four days in any calendar week, nor shall one business operator be allowed to exceed decibel limits in favor of another business seeking the same benefit in the same EDNA; and
2. Amplified sound shall be subject to the maximum permissible noise levels for amplified sound set forth in RCC 6-2-5, except that the permit may provide exemptions only during the nighttime hours between 7:00 p.m. and 1:00 a.m.
C. Permit Fee: At the time of submitting the application for a permit for sound amplification, the applicant shall also pay the amount of the permit fee in full. The fee for a sound amplification permit shall be as follows:
1. $60.00 when an applicant applies to obtain a permit for sound amplification for a calendar year;
2. $40.00 when an applicant applies to obtain a permit for sound amplification for a calendar quarter; or
3. $20.00 when an applicant applies to obtain a permit for sound amplification for a single-day event.
Nothing contained in this provision shall be construed to entitle any applicant to a permit for sound amplification. (Ord. 895, 8-26-2013)
6-2-8 ENFORCEMENT:
A. Police Department: The police department shall enforce the provision of this chapter.
B. Enforcement On Complaint Only:
1. For public disturbance noise that is not related to motor vehicles and noise emanating from vehicles, enforcement shall be undertaken only upon receipt of a complaint made by a person who resides, owns or rents property, or is employed in the area affected by the public disturbance noise.
2. For public nuisance noise, enforcement shall be undertaken only upon receipt of complaint or complaints of three (3) or more persons residing within separate residences in the same community or neighborhood.
C. Vehicle Noise: The sections of this chapter relating to motor vehicles and noise emanating from vehicles shall be subject to enforcement proceedings with or without a citizen’s complaint. (Ord. 655, 8-25-2003; Ord. 895, 8-26-2013)
6-2-9 CIVIL INFRACTION; PENALTY:
Any person who violates any of the provisions of this chapter shall be deemed to have committed a civil infraction and, upon conviction thereof, shall pay a penalty as provided in section 1-4-1 of this code. Any person who violates any provision of this Chapter shall also be subject to penalties as set forth in RCW 70.107.050. (Ord. 655, 8-25-2003; amd. 2006 Code; Ord. 895, 8-26-2013)
6-2-10: VARIANCES:
A. Variances may be granted to any person from any particular requirements of this Chapter if findings are made 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 on an existing noise source, 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 necessary by the City under the facts and circumstances.
B. Variances shall be issued only upon application in writing and after providing such information as the City requests. No variance may be issued for more than 30 days except with notice to the public and an opportunity for the public to be heard. (Ord. 895, 8-26-2013)
6-2-11: APPEALS:
Any person aggrieved by a decision relating to the enforcement of maximum, permissible noise levels, or granting or denial of a variance or approval or disapproval of a local resolution or ordinance for noise abatement may appeal to the pollution control hearings board. (Ord. 895, 8-26-2013)