Chapter 6.32
NOISE LEVELS
Sections:
6.32.010 POLICY AND APPLICATION.
6.32.030 ENVIRONMENTAL SOUND - MAXIMUM PERMISSIBLE LEVELS.
6.32.040 MEASUREMENT OF SOUND.
6.32.050 PUBLIC DISTURBANCE NOISES.
6.32.060 VIOLATIONS - CIVIL PENALTY, CRIMINAL PENALTY.
6.32.010 POLICY AND APPLICATION.
(a) It is the policy of the City to minimize the exposure of citizens to the physiological and psychological effects of excessive noise and to protect, promote and preserve the public health, safety and welfare. 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.
(b) The following environments have been identified and approaches adopted:
(1) Use of Property. The different zoning districts of the City establish lawful uses which can be anticipated to produce noise at certain reasonable levels associated with these uses. The provisions of BMC 6.32.030 utilize thresholds consistent with those set forth in Chapter 70.107 RCW entitled "Noise Control" and Chapter 173-60 WAC entitled "Maximum Environmental Noise Levels" and recognizing that decibel intervals are increased exponentially with each ten (10) MHz of noise generation. The use of property is better suited to the use of noise measuring devices because use is consistent and can be measured at the property line from the property of the complainant. Properly trained and certified City staff or a certified consultant trained in the field of sound level measurement can be utilized in these situations when warranted. Intermittent noises and noise generated for the purpose of annoyance is more sporadic in nature and requires a different approach. The provisions of BMC 6.32.050 entitled "Public Disturbance Noises" are aimed at those situations which are difficult or impossible to address through measurement pursuant to BMC 6.32.030 entitled "Environmental Sound - Maximum Permissible Levels." In administering and enforcing the provisions of this chapter, the City desires to coordinate the application of these two (2) approaches. The content of the speech shall not be considered against any person in determining a violation of this Chapter.
(2) Similarly, public uses of the rights-of-way, such as parades, and First Amendment speech such as a lawful demonstration should be differentiated from pure commercial speech. Pure commercial speech has been defined by the U.S. Supreme Court as speech "which does no more than propose a commercial transaction." Such speech while protected is susceptible of regulation; provided, that the City address the legitimate public concern of noise pollution in a thoughtful and targeted manner.
(3) Finally, the City recognizes that the use of bells, chimes and carillons may constitute a call to worship and accordingly such a use is protected as religious speech under the First Amendment. In addition, the historic use of a carillon by the City of Bremerton is an established historical use appropriate within the zone in which it is located. These noises are appropriate when limited by reasonable time, place and manner restrictions.
(c) The provisions of this chapter shall be administered and enforced by the Administrator defined in BMC 6.32.020(a). (Ord. 5453 §1, 2022)
6.32.020 DEFINITIONS.
All technical terminology used in this chapter not defined herein shall be interpreted in conformance with American National Standards Institute Specifications, Sections 1.1-1960 and 1.4-1971. For purposes of this chapter, the words and phrases used herein shall have the meaning indicated below:
(a) "Administrator" means the Chief of Police or the Director of the Department of Community Development, of the City of Bremerton, as applicable, or their designee.
(b) "dB(A)" means a sound level, measured in decibels, using the A frequency-weighting network of a sound level meter.
(c) "City" means City of Bremerton.
(d) "District" means the land use zones to which the provisions of this chapter apply. For the purposes of this chapter, the following noise control districts shall be established, which include land use zones designated in the Bremerton zoning and subarea plan ordinances, as follows:
|
Noise Control District |
Land Use Zones (pursuant to BMC Title 20 and Subarea Plans) |
|---|---|
|
District I |
R-10, R-18, R-40, East Park Subarea Plan (SAP) |
|
District II |
NB, BC, DCC, DW, DC, INST, GC, Bay Vista SAP, Downtown SAP, Gorst SAP, Eastside Village SAP |
|
District III |
I, CUL, WS, FC, PSIC SAP |
(e) "Emergency work" means:
(1) Work made necessary to restore property to a safe condition following a public emergency consistent with Chapter 2.26 BMC;
(2) Work required to protect persons or property from imminent exposure to danger; or
(3) Work by private or public utilities for providing or restoring immediately necessary utility service.
(f) "Enforcement Officer" means the Administrator or a City, county or state law enforcement officer, City code enforcement officer or other official designated or authorized by the Administrator to enforce the provisions of this chapter.
(g) "Impulsive sound" means sound having the following qualities: the peak of the sound level is less than one (1) second and short compared to the occurrence rate; the onset is abrupt; the decay rapid; and the peak value exceeds the ambient level by more than ten (10) dB(A).
(h) "Leq" means the equivalent sound level, which is the constant sound level in a given time period that conveys the same sound energy as the actual time-varying A-weighted sound. The applicable time period for the Leq must be specified.
(i) "Lmax" means the maximum sound level over a measurement interval determined by using a sound level meter set to "Fast" response time.
(j) "Motorcycle" means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, except farm tractors and such vehicles powered by an engine of less than five (5) horsepower.
(k) "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 or a motorized transportation device as defined in BMC 10.13.010. (Aircraft, watercraft, and vehicles used on rails or tracks are not motor vehicles as that term is used herein.)
(l) "Noise" means the intensity, duration and character of sounds from any and all sources. The terms "noise" and "sound" can be used interchangeably for purposes of this chapter.
(m) "Person" means any natural person, firm, association, partnership, corporation or any other entity, public or private.
(n) "Plainly audible" means any sound for which any of the content of that sound, such as, but not limited to, comprehensible musical rhythms, is communicated to a person using their unaided hearing faculties. For the purposes of enforcement of this code, the detection of any component of sound, including, but not limited to, the rhythmic bass by a person using their unaided hearing faculties is sufficient to verify plainly audible sound. It is not necessary for such person to determine the title, specific words or artist of music, or the content of any speech.
(o) "Property boundary" means the survey line at ground surface which separates real property owned, rented or leased by one (1) or more other persons and its vertical extension.
(p) "Receiving property" means real property within which sound originating from sources outside the property is received.
(q) "Sound" means vibrations that travel through the air or another medium and are audible to the human ear. The terms "sound" and "noise" can be used interchangeably for purposes of this chapter.
(r) "Sound level" means a weighted sound pressure level obtained by the use of a sound level meter and weighted as specified in American National Standards Institute Specifications (ANSI), Section 1.4-1983, as it now exists or is hereafter amended.
(s) "Sound level meter" means a sound level measuring device, either Type I or Type II, as defined by American National Standards Institute Specifications, Section 1.4-1983, as it now exists or as hereafter amended.
(t) "Weekend" means Saturday and Sunday or any legal holiday. (Ord. 5453 §1, 2022; Ord. 5301 §9, 2016: Ord. 4977 §2, 2006; Ord. 4915 §2, 2004; Ord. 4891 §1, 2004; Ord. 4226 §1, 1989; Ord. 3722 §1, 1982. Formerly 6.32.010)
6.32.030 ENVIRONMENTAL SOUND - MAXIMUM PERMISSIBLE LEVELS.
(a) It is unlawful for any person to cause or permit noise from any source located within the City of Bremerton to intrude into the property of another which exceeds the maximum or permissible exterior noise level limits set forth below:
|
District of Sound Source |
District Receiving Property Within the City of Bremerton |
||
|---|---|---|---|
|
|
I |
II |
III |
|
I |
55 dB(A) |
57 dB(A) |
60 dB(A) |
|
II |
57 dB(A) |
60 dB(A) |
65 dB(A) |
|
III |
60 dB(A) |
65 dB(A) |
70 dB(A) |
(b) The exterior noise level limits are based on the Leq, as defined in BMC 6.32.020, during the measurement interval, using a minimum interval of one (1) minute for a constant sound source, or a one (1) hour measurement for a noncontinuous sound source. The standard of measurement shall be a one (1) hour Leq. Leq may be measured for times not less than one (1) minute to project an hourly Leq.
(1) During a measurement interval, Lmax, as defined in BMC 6.32.020, may exceed the exterior sound level limits shown in Table I by no more than fifteen (15) dB(A).
(2) For any source of sound that is impulsive, as defined in BMC 6.32.020, and not measured with an impulse sound level meter, the exterior sound level limits established by Table I are reduced by five (5) dB(A).
(c) Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table shall be reduced by ten (10) dBA for receiving property within District I and District II.
(d) At any hour of the day or night the applicable noise limitations in subsections (a) and (c) of this section may not be exceeded for any receiving property.
(e) Exemptions.
(1) The following shall be exempt from the provisions of subsections (a) and (c) of this section between the hours of 7:00 a.m. and 10:00 p.m.:
i. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances.
ii. Sounds created by the discharge of firearms on authorized shooting ranges.
iii. Sounds created by blasting conducted in compliance with WAC 296-52-64005.
iv. Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible.
v. Sounds created by the installation or repair of essential utility services.
(2) The following shall be exempt from the provisions of subsection (c) of this section:
i. Noise from electrical substations and existing stationary equipment used in the conveyance of water, wastewater, and natural gas by a utility.
ii. Noise from existing industrial installations which exceed the standards contained in these regulations but which comply with or are authorized by the State Department of Ecology pursuant to Chapter 70.107 RCW entitled "Noise Control," Chapter 173-58 WAC entitled "Sound Level Measurement Procedures" and Chapter 173-60 WAC entitled "Maximum Environmental Noise Levels."
(3) The following shall be exempt from the provisions of subsections (a) and (c) of this section, except insofar as such provisions relate to the reception of noise within District I and District II between the hours of 10:00 p.m. and 7:00 a.m.:
i. Sounds originating from duly permitted temporary construction sites as a result of construction activity.
ii. Sounds originating from forest harvesting and silvicultural activity.
(4) The following shall be exempt from all provisions of subsections (a) and (c) of this section:
i. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC.
ii. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations.
iii. Sounds created by surface carriers engaged in interstate commerce by railroad.
iv. Sounds created by warning devices not operating continuously for more than five (5) minutes, or bells, chimes, and carillons which do not exceed five (5) minutes in an hour when operated between the hours of 7:00 a.m. and 10:00 p.m.
v. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible.
vi. Sounds created by emergency equipment and work necessary in the interests of law enforcement or for health, safety or welfare of the community.
vii. Sounds originating from motor vehicle racing events at existing authorized facilities.
viii. Sounds originating from parades and other public events when duly permitted and conducted within the public right-of-way or on a site designated by the applicable permit.
ix. Sounds created by motor vehicles, licensed or unlicensed, when operated off public highways except when such sounds are received in District I and District II.
x. Fireworks lawfully discharged within the City pursuant to Chapter 9.48 BMC.
xi. Sounds caused by the emergency repair, routine maintenance, or construction of any public facility, utility, or street approved by the City of Bremerton Public Works and Utilities Department. (Ord. 5453 §1, 2022; Ord. 4226 §3, 1989; Ord. 3722 §3, 1982. Formerly 6.32.040)
6.32.040 MEASUREMENT OF SOUND.
(a) If the measurements of sound are made with a sound level meter, it shall be an instrument in good operating condition meeting the requirements for a Type I or Type II instrument, as delineated in American National Standards Institute Specifications (ANSI), Section 1.4-1983, as it now exists or is hereafter amended. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such a manner that the overall accuracy shall be at least that called for in Section 1.4-1983 ANSI for Type II instruments.
(b) When the location, distance or technique for measurement of sound is impractical or would yield misleading or inaccurate results, measurements shall be taken at other locations or distances utilizing appropriate correction factors.
(c) Where a receiving party is partly within one (1) district and partly within another, the maximum permissible noise level at a point within the property boundary shall be that permitted into a receiving property wholly within the lowest intensity district in which the sound is measured. (Ord. 5453 §1, 2022; Ord. 4226 §4, 1989; Ord. 3722 §7, 1982. Formerly 6.32.050)
6.32.050 PUBLIC DISTURBANCE NOISES.
It is hereby unlawful and declared a public nuisance for any person to cause, or for any person in possession of property to allow to originate from the property, noise defined in this section. For prosecution under this section, evidence of sound level through the use of a sound level meter reading shall not be necessary to establish a commission of the offense. Provisions of this section shall be cumulative and not exclusive, and shall not affect any other claim, cause of action or remedy including any prosecution for violation of sections regulating environmental noise. The content of the noise will not be considered in determining a violation. Sounds which do not exceed the maximum environmental noise levels set forth in BMC 6.32.030 may constitute public disturbance noises. For purposes of this section, any noise or sound emanating from a business or other source on the property shall be presumed to be with knowledge, permission or consent of the owner or legal occupant of the property, which presumption may be rebutted by reasonable evidence to the contrary. The following shall be public disturbance noises:
(a) 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 District I and District II so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property so as to be plainly audible to a person of average hearing from a distance of one hundred (100) feet or more from the source.
(b) The use of a sound amplifier or other device capable of producing or reproducing amplified sound upon 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 operated at a volume so as to be plainly audible to a person of average hearing from a distance of one hundred (100) feet or more from the source, except as permitted by law.
(c) Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be plainly audible to a person of average hearing from a distance of one hundred (100) feet or more from the vehicle itself.
(d) Operating or playing, or permitting the operating or playing of, any audio equipment, television set, musical instrument, or any sound, music or other noise emanating from any other fixed or portable audio equipment or similar device, operated at a volume so as to be plainly audible to a person of average hearing from a distance of one hundred (100) feet or more from the source.
(e) Creating loud, raucous, frequent, repetitive, or continuous sounds with the human voice, whether by amplification equipment, such as a microphone, or not, so as to be plainly audible to a person of average hearing from a distance of one hundred (100) feet or more from the source.
(f) The creation of any loud noises which emanate frequently, or repetitively or continuously from any building, structure or property which unreasonably disturbs the peace, comfort and repose of others so as to be plainly audible to a person of average hearing from a distance of one hundred (100) feet or more from the source.
(g) Within District II and District III, between the hours of 3:00 p.m and 11:00 p.m. on Fridays and Saturdays, music originating from or in connection with the operation of any commercial establishment or enterprise shall only be subject to the provisions of this section and be considered public disturbance noises if such music is plainly audible to a person of average hearing from a distance of two hundred (200) feet or more from the source.
(h) Between the hours of 7:00 a.m. and 10:00 p.m. the following noises shall be exempt from the provisions of this section and shall not be considered public disturbance noises:
(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 the installation or repair of essential utility services.
(4) Sounds originating from duly permitted temporary construction sites as a result of construction activity.
(5) Sounds originating from forest harvesting and silvicultural activity.
(6) Sounds created by bells, chimes, and carillons which do not exceed five (5) minutes in an hour.
(i) At all times the following noises shall be exempt from the provisions of this section and shall not be considered public disturbance noises:
(1) Sounds created by warning devices not operating continuously for more than five (5) minutes.
(2) Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible.
(3) Sounds created by emergency equipment and work necessary in the interests of law enforcement or for the health, safety or welfare of the community.
(4) Sounds originating from parades and other public events when duly permitted and conducted within the public right-of-way or on a site designated by the applicable permit.
(5) Fireworks lawfully discharged within the City pursuant to Chapter 9.48 BMC.
(6) Sounds caused by the emergency repair, routine maintenance, or construction of any public facility, utility, or street approved by the City of Bremerton Public Works and Utilities Department.
(7) Sounds created from school marching bands while participating in school sanctioned practices or performances. (Ord. 5453 §1, 2022; Ord. 4851 §1, 2003; Ord. 4780, Amended, 11/26/2001; Ord. 4226 §9, 1989. Formerly 6.32.110)
6.32.060 VIOLATIONS - CIVIL PENALTY, CRIMINAL PENALTY.
(a) Civil Infraction. Any person who violates the provisions of this chapter shall be subject to a civil penalty of up to two hundred fifty dollars ($250.00); provided, that the penalty for a second or subsequent violation within a two-year period shall be a civil penalty of up to five hundred dollars ($500.00), unless determined to be a habitual violator pursuant to subsection (b) of this section.
(b) Habitual Violators - Misdemeanor. Any person, after receiving three (3) or more infractions, singularly or in combination, for prior violations of this chapter within a one hundred eighty (180) day period found to be committed by the Municipal Court shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2) upon a subsequent violation within said one hundred eighty (180) day period. A conviction of a misdemeanor under this subsection shall be considered and counted as an infraction for the purpose of determining whether or not a violator is a habitual violator. The civil penalty shall be collected by legal action brought in the name of the City.
(c) For enforcement purposes, each day, defined as a twenty-four (24) hour period beginning at 12:01 a.m. in which violation of this chapter occurs, shall constitute a separate violation. (Ord. 5453 §1, 2022; Ord. 4288 §3, 1990; Ord. 4226 §11, 1989. Formerly 6.32.120)