Chapter 8.20
NOISE CONTROL1
Sections:
8.20.030 Identification of environment.
8.20.040 Maximum permissible environmental noise levels.
8.20.060 Variances and implementation schedules.
8.20.073 Impoundment--Authority.
8.20.075 Impoundment--Procedure.
8.20.078 Vehicle equipment prohibitions.
8.20.080 Enforcement--Generally.
8.20.010 Definitions.
As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this chapter:
A. "Backround sound level" means the level of all sounds in a given environment, independent of the specific source be ing 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 twenty times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure of twenty micropascals.
C. "EDNA" means the environmental designation for noise abatement, being an area or zone (environment) within which maximum permissible noise levels are established.
D. "Gross combination weight rating" means the value specified by the manufacturer as the loaded weight of a combination vehicle.
E. "Gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle.
F. " 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 such vehicles powered by engines not exceeding five horsepower, and farm tractors.
G. "Motor vehicle" means any vehicle which is selfpropelled, used primarily for transporting persons or property upon public highways and required to be licensed under RCW 46.16.010. Aircraft, watercraft and vehicles used exclusively on stationary rails or tracks are not motor vehicles as that term is used in this chapter.
H. "Muffler" means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas fron an internal combustion engine and effective in reducing noise resulting therefrom.
I. "New motor vehicle" means a motor vehicle manufactured after December 31, 1975, whose equitable or legal title has never been transferred to a person who, in good faith, purchases the new motor vehicle for purposes other than resale.
J. "Noise" means the intensity, duration and character of sounds, from any and all sources.
K. "Off-highway vehicle" means any self-propelled vehicle not used primarily for transporting persons or property upon public highways nor required to be licensed under RCW 46.16.010.
L. "Person" means any individual, corporation, partnership, association, governmental body, state agency or other entity whatsoever.
M. "Property boundary" means an imaginary line exterior to any enclosed structure at ground surface which separates the real property owned by one person from that owned by another person, and its vertical extension.
N. "Public highway" means the entire width between the boundary lines of every way publicly maintained by the city of Colfax when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right.
O. "Receiving property" means real property within which the maximum permissible noise levels specified in this chapter shall not be exceeded from sources outside such property.
P. "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 §1.4-1971. (Prior code §8.28.010).
8.20.020 Vehicle noise.
A. No person shall operate anywhere within the city of Colfax any motorcycle, motor vehicle, new motor vehicle or off-highway vehicle, or any combination thereof, under any conditions of grade, load or acceleration in such a manner as to exceed the following maximum permissible sound levels for the category of vehicle, as measured in dBA with an approved sound level meter no closer than fifty feet from the place of location and/or travel of the respective vehicle.
|
|
|
Sound |
|---|---|---|
|
|
Vehicle |
Level |
|
Class A: |
Motor vehicles over 10,000 pounds GVWR or GCWR, new motor vehicles over 10,000 pounds GVWR or GCWR or off-highway vehicles |
86 dBA |
|
Class B: |
Motorcycles |
80 dBA |
|
Class C: |
All other motor vehicles |
76 dBA |
B. Every motor vehicle, new motor vehicle, motorcycle and off-highway vehicle operated anywhere within the city of Colfax shall, at all times, be equipped with a muffler in good working order and constant operation.
C. No person shall operate a motor vehicle, new motor vehicle, motorcycle or off-highway vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such noise from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason, except that noise resulting from emergency braking to avoid imminent danger shall be exempt from this provision. (Ord. 1166 §1, 1984: prior code §9.28.020).
8.20.030 Identification of environment.
Environmental designations for noise abatement shall be classified as follows:
A. Class A EDNA:
1. R-1 zone;
2. R-2 zone;
3. R-3 zone.
B. Class B EDNA:
1. S-service zone;
2. B-service zone;
3. SC zone.
C. Class C EDNA:
1. M-manufacturing zone;
2. C-commercial zone. (Prior code §8.28.030).
8.20.040 Maximum permissible environmental noise levels.
A. No person shall cause or permit noise to intrude in to the property of another person, which noise exceeds the maximum permissible noise levels set forth in this section.
B. The noise limitations established are as follows, after any applicable adjustments provided for in this chapter 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 ten p.m. and seven a.m. the noise limitations of the foregoing table shall be reduced by ten dBA for receiving property within Class A EDNA’s.
D. At any hour of the day or night the applicable noise limitations in subsections B and C of this section may be exceeded for any receiving property by not more than:
1. Five dBA for a total of fifteen minutes in any one-hour period;
2. Ten dBA for a total of five minutes in any one-hour period;
3. Fifteen dBA for a total of one and five-tenths minutes in any one-hour period. (Prior code §8.28.040).
8.20.050 Exemptions.
A. The following shall be exempt from the provisions of this chapter between the hours of seven a.m. and ten 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 blasting;
3. Sounds created by the installation or repair of essential utility services.
B. The following shall be exempt from the provisions of this chapter:
1. Noise from electrical substations and existing stationary equipment used in the conveyance of water 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 fifteen 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 chapter shall be subject to such approval as may be required by the Washington State 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 EDNA’s between the hours of ten p.m. and seven a.m.: sounds originating from temporary construction sites as a result of construction activity.
D. The following shall be exempt from all provisions of this chapter:
1. Sounds originating from aircraft in flight;
2. Sounds created by surface carriers engaged in interstate commerce by railroad;
3. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes and carillons;
4. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible;
5. Sounds created by emergency equipment and work necessary in the interest of law enforcement, or for health, safety, or welfare of the community;
6. Sounds originating from officially sanctioned parades and other public events;
7. Sounds from existing refrigeration equipment for preservation of retail food goods;
8. Sounds caused by natural phenomena and unamplified human voices;
9. Noise caused by auxiliary equipment on motor vehicles used for highway maintenance.
E. Nothing in this chapter shall be construed to permit law enforcement, ambulance, fire or other emergency personnel or highway maintenance personnel to make excessive noise in the performance of their duties when such noise is clearly unnecessary.
F. Nothing in these exemptions is intended to preclude the requirement that persons install the best available noise abatement technology consistent with economic feasibility.
Such requirements shall be as set forth from time to time by the Washington State Department of Ecology, subject to the laws of the state of Washington. (Prior code §8.28.050).
8.20.060 Variances and implementation schedules.
A. Variances may be granted by the Colfax city council or their duly authorized representatives to any person from any particular requirement 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 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.
B. An implementation schedule for achieving compliance with this chapter shall be incorporated into any variance issued.
C. Variances shall be issued only upon application in writing and after providing such information as may be requested. No variance shall be issued for a period of more than thirty days except upon due notice to the public with opportunity to comment. Public hearings may be held, when substantial public interest is shown, at the discretion of the issuing agency.
D. Sources of noise subject to this chapter upon which construction begins after the effective date of the ordinance codified in this chapter shall immediately comply with the requirements of this chapter, except in extraordinary circumstances where overriding considerations of public interest dictate the issuance of a variance. (Prior code §8.28.060).
8.20.070 Right of entry.
The chief of police or his designated assistant shall have the authority to enter upon and remain upon private property to enforce the provisions of this chapter; provided, however, that such entry is specifically limited to a period of time to investigate an existing possible violation of this chapter and to contact the driver and impound the vehicle, if necessary, as herein authorized. (Ord. 1166 §3, 1984).
8.20.073 Impoundment--Authority.
In addition to any other civil remedies prow d d herein, the chief of police or his designated assistant shall have the authority to impound any motor vehicle, new motor vehicle, motorcycle or off-highway vehicle which violates this chapter upon the following procedures:
A. The respective vehicle has been the subject of at least two civil violations of this chapter in any one calendar year;
B. The respective vehicle shall be held in the care, custody and control of the city of Colfax until the owner thereof pays an impoundment fee of one hundred dollars, plus ten dollars per day that the vehicle has been impounded, and further provides that the vehicle shall be properly equipped in compliance with this chapter. (Ord. 1166 §4, 1984).
8.20.075 Impoundment--Procedure.
The following process is established with respect to any vehicle which is impounded as herein authorized:
A. Any aggrieved party may file a petition for release with the municipal court for the release and/or adjustment of the impoundment and storage fees.
B. The petition for release shall be in a form prescribed by the municipal court clerk and shall state the reason and specific request for relief.
C. The municipal court clerk shall schedule a hearing within ninety days before the municipal court to determine the request for relief of any petition for release.
D. The municipal court clerk shall notify each person filing a petition for release that a public hearing will be conducted, and will indicate the day, time and place.
Any such person may testify and present further information in support of the respective petition for release. Upon the completion of the hearing on each petition for release, the municipal court clerk shall enter the decision of the municipal court in the court records and shall mandate such relief as allowed.
E. Any aggrieved party may appeal the final decision of the municipal court to the Whitman County superior court within thirty days of the entry of the final decision. (Ord. 1166 §5, 1984).
8.20.078 Vehicle equipment prohibitions.
Notwithstanding any other provision herein, the operator of any motor vehicle, new motor vehicle, motorcycle or off-highway vehicle shall not allow to be used within the city of Colfax any compression or jake brakes. (Ord. 1166 §6, 1984).
8.20.080 Enforcement--Generally.
The chief of police or his designated assistant shall be required for conducting all sound level measurements as may be necessary. Except as may otherwise be required by the State Department of Ecology, no special permits or licenses shall be required to authorize a person to conduct a sound level measurement, and any person so conducting such measurements shall be competent to testify as to his findings in any enforcement proceeding. (Prior code §8.28.080).
8.20.090 Violation--Penalty.
Any person who violates any provision of this chapter, or any amendment thereto, shall be deemed guilty of a civil infraction and shall be fined a sum not to exceed two hundred fifty dollars. (Ord. 1101 §l, 1981: prior code §8.28.090).
For statutory provisions on noise control, see RCW 70.107.