Chapter 9.28
NOISE AND PUBLIC DISTURBANCE
Sections:
9.28.030 Maximum permissible sound levels.
9.28.040 Modifications to maximum permissible sound levels.
9.28.050 Public disturbance noise – Prohibited.
9.28.060 Public disturbance noise – Defined.
9.28.900 Provisions not exclusive.
9.28.010 Purpose.
The purpose of this chapter is to control the level of noise in a manner which promotes the public health, safety, and welfare; the use, value, and enjoyment of property; the quality of the environment; and commerce by establishing maximum environmental noise levels applicable within the city of Asotin and declaring certain noise production activities to be noise disturbances. (Ord. 06-690 § 1, 2006)
9.28.020 Definitions.
Specific terms used in this chapter shall have the following meanings. All technical terminology used in this chapter and not defined specifically herein shall be interpreted in conformance with the American National Standards Institute Specifications. All other terms shall be interpreted in conformance with their usual and ordinary meaning.
A. “Civil hearing officer” is that officer or judicial court authorized by law to preside over the civil infraction hearing provided for in this chapter.
B. “Day” or “daytime” means the hours between 6:00 a.m. and 10:00 p.m. on weekdays, and between 7:00 a.m. and 10:00 p.m. on weekends.
C. “db(A)” means the sound level measured in decibels, using the “A” weighting network on a sound level meter.
D. “Emergency work” means work required 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 immediate restoration of necessary utility service.
E. “Noise” means the intensity, duration, and character of sound from any and all sources.
F. “Originating property” means the real property upon which, or within which, the noise originates.
G. “Property boundary” means an imaginary line exterior to any enclosed structure, at ground surface, which separates the real property of one or more persons from that owned by others, and its vertical extension. For structures containing multiple units, such as condominiums, apartment buildings, office buildings, or similar structures, the property boundary shall be coincident with the internal surface of any wall, ceiling, or floor.
H. “Public disturbance noise” means any sound as defined in AMC 9.28.060.
I. “Real property” means 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 structure, regardless of whether the unit in question is a ground floor unit or not. For the purposes of this chapter, “ground floor” is synonymous with “first floor,” and such term shall be given its usual and ordinary meaning.
J. “Receiving property” means real property within which sound originating from outside the property is received.
K. “Weekday” means any day, Monday through Friday, that is not a legal holiday as defined in RCW 1.16.050.
L. “Weekend” means any Saturday or Sunday or any legal holiday as defined in RCW 1.16.050.
M. “Zone” means the land use zone to which the provisions of this chapter are applied, as such zones are, or may at some future date be, defined in AMC Title 18 and adopted by appropriate ordinance or regulation. For the purpose of this chapter:
1. “Residential” includes zones designated as R1 suburban residential, R2 low-intensity residential, and R3 high-intensity residential.
2. “Commercial” includes zones designated as C1 low-intensity commercial and C2 high-intensity commercial.
3. “Industrial” includes zones designated as industrial. (Ord. 06-690 § 1, 2006)
9.28.030 Maximum permissible sound levels.
For sound sources located within the city limits, the maximum permissible sound levels are as follows:
|
Zone of Originating Property |
Zone of Receiving Property |
||
|---|---|---|---|
|
Residential |
Commercial |
Industrial |
|
|
Residential |
55 db(A) |
57 db(A) |
60 db(A) |
|
Commercial |
57 db(A) |
60 db(A) |
65 db(A) |
|
Industrial |
60 db(A) |
65 db(A) |
70 db(A) |
(Ord. 06-690 § 1, 2006)
9.28.040 Modifications to maximum permissible sound levels.
The maximum permissible sound levels established by this chapter shall be reduced or increased by the sum of the following:
A. Between the hours of 10:00 p.m. and 6:00 a.m. during weekdays, and between the hours of 10:00 p.m. and 7:00 a.m. during weekends, the maximum permissible sound levels are reduced by 10 db(A) where the receiving property lies within a residential zone.
B. For any source of sound that is of short duration, the maximum permissible sound levels are increased by:
1. Five db(A) for a total of 15 minutes in any one-hour period; or
2. Ten db(A) for a total of five minutes in any one-hour period; or
3. Fifteen db(A) for a total of 1.5 minutes in any one-hour period. (Ord. 06-690 § 1, 2006)
9.28.050 Public disturbance noise – Prohibited.
It is unlawful for any person to cause, or for any person in possession or control of real property to allow to originate from such property, sound that is a public disturbance noise. (Ord. 06-690 § 1, 2006)
9.28.060 Public disturbance noise – Defined.
A public disturbance noise is:
A. Any sound that exceeds the maximum permissible sound levels defined in this chapter; or
B. Any sound that unreasonably disturbs or interferes with the peace, comfort, and repose of owners or possessors of real property without regard to sound level measurement, including but not limited to the following:
1. The frequent, repetitive, or continuous sounding of any horn, siren, or alarm attached to a motor vehicle, except when used as a warning of danger or as specifically permitted or required by law;
2. The creation of frequent, repetitive, or continuous sounds in connection with the starting, operation, repair, rebuilding, or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine within a residential zone;
3. The creation of frequent, repetitive, or continuous sounds emanating from real property, such as sounds from audio/video equipment, musical instruments, band sessions, or social gatherings, which are audible at a distance greater than 50 feet from the source of such sounds at any time;
4. The creation of frequent, repetitive, or continuous sounds which emanate from, are caused by, or are associated with the operation of construction and industrial equipment;
5. Frequent, repetitive, or continuous yelling, shouting, whistling, singing, or other vocal noises on or near public streets;
6. Sound caused by operating or playing of motor vehicle audio equipment such as tape players, radios, or compact disc players, whether portable, stationary, or mounted on or within a motor vehicle, operated at a volume so as to be audible at a distance greater than 50 feet from the motor vehicle itself;
7. Sounds caused by the use of blasting devices without the appropriate permits; or
8. Sounds caused by maintaining any animal which causes frequent, repetitive, or continuous noise. (Ord. 06-690 § 1, 2006)
9.28.070 Exemptions.
A. The following sounds are exempt from the prohibitions of this chapter at all times:
1. Sounds created by emergency equipment and vehicles necessary for law enforcement or for the health, safety, and welfare of the community, when used for these purposes;
2. Sounds caused by emergency work or the necessary repair or maintenance of any public facility or utility;
3. Sounds created by fire alarms being used as such;
4. Sounds created by warning devices, provided the devices do not operate continuously for more than five minutes per incident;
5. Sounds created by safety and protective devices, where noise suppression would defeat the safety purpose of the device;
6. Sounds originating from city-sanctioned events; and
7. Sounds created by the normal operation, on public highways, of motor vehicles.
B. The following sounds are exempt from the prohibitions of this chapter during daytime hours:
1. Sounds created by the use of hand or powered equipment used in temporary or periodic maintenance or repair of residential homes, grounds, and appurtenances, including but not limited to hammers, saws, powered hand tools, or equipment with electrical or internal combustion engines such as lawnmowers, snow removal equipment, etc.;
2. Sounds created by bells, chimes, or carillons operating for not more than five minutes in any one hour; and
3. Sounds created by the installation, maintenance, or repair of public facilities or utilities, or by the temporary or periodic maintenance or repair of residential or commercial property. (Ord. 06-690 § 1, 2006)
9.28.080 Enforcement.
A. The city of Asotin police department, the Asotin County sheriff, and all duly appointed and commissioned police officers and deputies are authorized and directed to administer and enforce the provisions of this chapter.
B. A civil infraction may be issued whenever an authorized enforcement officer obtains a sound level measurement exceeding the applicable maximum permissible sound level set forth in AMC 9.28.030 and 9.28.040.
C. A civil infraction may be issued whenever an authorized enforcement officer observes a violation of AMC 9.28.050 or upon a sworn complaint by a named person alleging that a violation of AMC 9.28.050 has taken place. (Ord. 06-690 § 1, 2006)
9.28.090 Penalty.
Unless a different penalty is provided within a particular section of this chapter, any person found to have violated any provision of this chapter shall be deemed to have committed a civil infraction, which shall be punishable as follows:
A. A violation of AMC 9.28.050 shall be punished by a mandatory fine of $200.00 upon the first conviction. The court shall not suspend or defer more than 50 percent of such fine.
B. A violation based upon exceeding the applicable maximum permissible sound level set forth in AMC 9.28.030 and 9.28.040 by less than 110 percent of the level allowed shall be punished by a mandatory fine of $200.00 upon the first conviction. The court shall not suspend or defer more than 50 percent of such fine.
C. A violation based upon exceeding the applicable maximum permissible sound level set forth in AMC 9.28.030 and 9.28.040 by more than 110 percent but less than 150 percent of the level allowed shall be punished by a mandatory fine of $500.00 upon the first conviction. The court shall not suspend or defer more than 50 percent of such fine.
D. A violation based upon exceeding the applicable maximum permissible sound level set forth in AMC 9.28.030 and 9.28.040 by more than 150 percent of the level allowed shall be punished by a mandatory fine of $1,000 upon the first conviction. The court shall not suspend or defer more than 50 percent of such fine.
E. Second or subsequent violations shall be punished by a mandatory fine double the amount provided for a first conviction under this section. The court shall not suspend or defer more than 25 percent of such fine. (Ord. 06-690 § 1, 2006)
9.28.100 Response to citation – Methods of response – Right to hearing – Penalty for failure to respond – Penalty for violating order of civil hearings officer.
Any person cited for violating the provisions must respond to the notice of infraction within 15 days of issuance.
A. A person may respond by forfeiting the amount of bail printed upon the face of the infraction, or by requesting in writing a hearing before a civil hearings officer.
B. A person requesting a hearing shall be notified of the place, date, and time of such hearing.
C. Any person who fails to respond to the notice of infraction within 15 days of issuance shall be deemed to have committed the infraction and shall be punished by imposition of the applicable maximum fine set forth in AMC 9.28.090. The court shall not suspend or defer any portion of such fine.
D. Any person who violates or fails to obey any order issued by the civil hearings officer pursuant to this chapter shall be guilty of a misdemeanor punishable by a jail sentence not to exceed 90 days and a fine not to exceed $1,000. (Ord. 06-690 § 1, 2006)
9.28.110 Appeals.
Appeals from a decision of the civil hearings officer shall be as specified for appeals of civil infractions under Chapter 12.36 RCW. (Ord. 06-690 § 1, 2006)
9.28.900 Provisions not exclusive.
The provisions of this chapter shall be cumulative and not exclusive, and shall not affect any other claim, cause of action, right, or remedy; nor, unless specifically provided herein, 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 relating to noise. (Ord. 06-690 § 1, 2006)
9.28.910 Short title.
This chapter may be referred to as the “city noise ordinance.” (Ord. 06-690 § 1, 2006)
9.28.920 Severability.
If any part of this chapter, or its application to any person or circumstance, is held invalid, the remainder shall not be affected. (Ord. 06-690 § 1, 2006)
9.28.930 Effective date.
This chapter shall take effect and be in force five days from and after the passage, approval, and legal publication of the ordinance codified in this chapter. (Ord. 06-690 § 1, 2006)