Chapter 8.08
NOISE CONTROL
Sections:
8.08.005 Declaration of policy.
8.08.020 Motor vehicles – Specific prohibitions.
8.08.030 Nuisance noises designated.
8.08.050 Provisions not exclusive.
8.08.005 Declaration of policy.
It is hereby declared to be the policy of the city of Brier to minimize the exposure of citizens to harmful, physiological and psychological effects of excessive noise. It is the express intent of the city to control the level of noise in a manner which promotes the use, value and enjoyment of property, sleep and repose, and the quality of the environment. (Ord. 135.A § 1(part), 1999)
8.08.010 Definitions.
The following definitions apply in this chapter:
A. “Motorcycle” is 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.
B. “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.
C. “Noise” means the intensity, duration, and character of sounds from any and all sources.
D. “Person” means any individual, firm, association, partnership, corporation or any other entity, public or private.
E. “Property boundary” means the survey line at ground surface which separates the real property owned, rented or leased by any one or more other persons and its vertical extension.
F. “Receiving property” means any real property within which sound originating from sources outside the property is received. (Ord. 135.A § 1(part), 1999: Ord. 135 § 1, 1982)
8.08.020 Motor vehicles – Specific prohibitions.
Every motor vehicle operated upon the public highways shall at all times be equipped with a muffler in good working order and constant operation. 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 comers or other such reason; provided, that noise resulting from emergency braking to avoid imminent danger shall be exempt from this section. 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 in violation of this chapter. (Ord. 135.A § 1(part), 1999: Ord. 135 § 2, 1982)
8.08.030 Nuisance noises designated.
It is unlawful for any person to cause, or for any person in possession of property, to allow to originate from the property, a sound that is a public nuisance as defined in this chapter. The following sources of sound are defined to be public nuisance noises:
A. The frequent, repetitive, or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;
B. The creation of frequent, repetitive, or continuous noise in connection with the starting, operating, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine;
C. The use of a sound amplifier or other device capable of producing or reproducing amplified sounds upon public streets for the purpose of commercial sales or for attracting the attention of the public to any vehicle, structure, or property, or the contents therein, except as permitted by law and excepting vehicles whose sole method of selling is from a moving vehicle, shall be exempt from this subsection;
D. The making of any loud or raucous noise which unreasonably interferes with the use of any school, church, hospital, sanitarium, or nursing or convalescent facility;
E. The creation by use of a musical instrument, whistle, sound amplifier, stereo, jukebox, radio, television, or other device capable of loud and raucous noises which emanate frequently, repetitively, or continuously from any building, structure, motorcycle, motor vehicle, or property, such as sounds originating from a band session, or social gathering;
F. 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 clearly be heard by a person of normal hearing at a distance of fifty feet or more from the vehicle while the vehicle is being operated on any public street or is in or on any public property;
G. 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 fifty feet or more from the source of the sound, while the equipment is being operated on any public property;
H. Any sound made by the construction, excavation, repair, demolition, destruction or alteration of any building or property upon any building site anytime on Sundays and holidays and outside the hours of seven a.m. through six p.m. Monday through Friday and nine a.m. through five p.m. Saturday. (Ord. 466 § 1(Exh. A), 2020: Ord. 135.A § 1(part), 1999: Ord. 250 § 1, 1992; Ord. 135 § 3, 1982)
8.08.040 Exemptions.
The following noises are exempt from the provisions of this chapter at all times:
A. Noise originating from aircraft in flight;
B. Noises created by safety and protective devices such as relief valves where noise suppression would defeat the safety release intent of the device;
C. Noises created by fire alarms;
D. Noises created by emergency equipment including, but not limited to, emergency standby or backup equipment, and emergency work necessary in the interest of law enforcement or the health, safety, and welfare of the community, and including, but not limited to, any emergency work necessary to replace or repair essential utility services;
E. Noises created by auxiliary equipment on motor vehicles used for highway maintenance;
F. Noise originating from officially sanctioned parades, sporting events and other public events;
G. Noises created by warning devices not operated continuously for more than thirty minutes per incident;
H. Nothing herein shall be construed to limit or prohibit different or more restrictive hours for any work authorized under a development permit issued under any chapter of this code as may be specified in any determination or decision issued under BMC Title 16;
I. Noise created by powered equipment used in temporary or periodic maintenance or repair of residential homes and property, including, but not limited to, grounds and appurtenances, such as lawnmowers, powered hand tools, etc., between seven a.m. and ten p.m. any day of the week;
J. Noises created by installation or repair of essential utility services. (Ord. 135.A § 1(part), 1999: Ord. 135 § 4, 1982)
8.08.050 Provisions not exclusive.
The provisions of this chapter shall be cumulative and nonexclusive, 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, additional to existing legislation and common law noise. (Ord. 135.A § 1(part), 1999: Ord. 135 § 5, 1982)
8.08.055 Citizen complaint.
In addition to the other remedies stated herein, whenever it is stated in writing by two or more persons having separate residences in a neighborhood that any person is violating any of the provisions of BMC 8.08.030, the code enforcement officer shall advise the person originating the noise or owning or in possession of the property from which the noise originates that such noise is a nuisance and must cease. (Ord. 135.A § 1(part), 1999)
8.08.060 Violation – Penalty.
Violation of any part or portion of this chapter or conduct made unlawful in this chapter shall constitute an infraction and shall be punished in accordance with the provisions set forth in BMC 1.28.030(C) for a Class A nontraffic civil infraction; provided, however, any violator who fails to abate any noise violation promptly after issuance of a first infraction notice shall be guilty of a second, separate violation, failure to abate, which shall be punished as a Class C infraction. Continual failure to abate a violation for which a second notice has been issued shall constitute a misdemeanor and shall be punished under the provisions of BMC 1.28.030(A). Evidence of sound level through the use of a sound level meter shall not be required to establish commission of a noise violation offense. (Ord 435 § 2 (Exh. B) (part), 2016: Ord. 135.A § 1(part), 1999: Ord. 135 § 6, 1982)