Chapter 9.44
VEHICLE AND WATERCRAFT NOISE RESTRICTIONS
Sections:
9.44.010 Short title—Pleading—Jurisdiction.
9.44.040 Noise-muffling devices required—Operating noisy vehicles prohibited when.
9.44.050 Noise level limitations—On public roads.
9.44.060 Noise level limitations—Areas other than public roads.
9.44.070 Noise-sensitive areas—Sound level restrictions during certain hours.
9.44.080 ORV use area noise level limitations.
9.44.090 Exemptions from chapter applicability.
9.44.100 Testing methods and techniques generally.
9.44.110 Pass-by technique—For motor vehicles.
9.44.120 Pass-by technique—For snowmobiles.
9.44.130 Shoreline pass-by technique for motorized watercraft.
9.44.140 Fixed-distance pass-by technique for watercraft.
9.44.160 Half-meter method—For motorcycles.
9.44.170 Noise-sensitive areas—Methods for monitoring noise.
9.44.180 Relief from chapter provisions—Conditions.
9.44.010 Short title—Pleading—Jurisdiction.
The resolution codified in this chapter shall be known as the “vehicle noise resolution,” and may be so pleaded in court. Its jurisdiction shall apply to all unincorporated areas of Chelan County. (§ 100 of Res. 78-61, May 16, 1978 at Vol. F page 67).
9.44.020 Findings and policy.
(a) It is declared that at certain levels, at certain locations, at certain durations and at certain times of day, vehicle noise is detrimental to the health, safety and general welfare of the people of Chelan County.
(b) In order to control unnecessary and excessive noise emitted from vehicles, it is declared to be the policy of Chelan County to protect the health, safety, and general welfare of the county by prohibiting any use of vehicles in a manner that is not in conformity with the provisions of this chapter. (§ 200 of Res. 78-61, May 16, 1978 at Vol. F page 67).
9.44.030 Definitions.
For the purposes of this chapter, unless otherwise clearly required by the context, the following terms are defined as follows:
(1) “Ambient noise level” means the steady level of background noise at the measurement location when the noise source to be tested is not in operation.
(2) “dBA” means the decibel on the “A” weighted scale, decibel being a logarithmic unit of measurement for sound pressure levels. The “A” scale is the scale of measurement using decibels which most closely resembles the manner in which the human ear hears, and which is defined by the American National Standards Institute Publication S1.1, 1960, Acoustical Studies.
(3) “Farm and orchard equipment” means any vehicle or any attachment to a vehicle when used on agricultural lands for agricultural purposes, including, but not limited to: tractors, sprayers, combines, etc.
(4) “GVWR” or “GCWR” means gross vehicle weight rating or gross combination weight rating, respectively, which are the values specified by the manufacturer as the loaded weight of a single or combination vehicle.
(5) “Motorcycle” means any motor vehicle having a saddle and designed to travel with three or less wheels on the ground, but does not include vehicles whose engines cannot exceed five horsepower (minibikes).
(6) “Motorized watercraft” means any boat or vessel equipped with an engine for propulsion which is used primarily for travel on or across water, especially for recreational purposes.
(7) “Motor vehicle” means any vehicle which is self-propelled, is used primarily for transport of persons or goods and, when operating on a public road, is required to be licensed under RCW 46.16.010, and includes, but is not limited to, cars, trucks, motorcycles, jeeps, dune buggies, go-carts, etc.
(8) “Muffler” means a chambered, baffled or other designed device which receives the exhaust gas from an internal combustion engine, resulting in a reduction of sound.
(9) “Noise” means the intensity, duration, and character of sounds from any and all sources.
(10) “Noise-sensitive area” means any lot or property upon which a utilized dwelling, a hospital, school, nursing home, public library or church exists. This definition does not include the remaining or random units within an industrial zone as designated in the Chelan County comprehensive plan.
(11) “Non-highway roads” means any road other than a highway generally capable of travel by a conventional two-wheel-drive passenger automobile during most of the year.
(12) “Nonroad areas” means any area where a road or trail of any sort does not exist, but which is nonetheless capable of cross-country travel thereon by all or some motor vehicles.
(13) “Off-road vehicle (ORV) commission” means the group of citizens established by the authority of the Chelan County commissioners to provide guidance for Chelan County ORV plans.
(14) “Off-road vehicle (ORV) use area” means any area used primarily for intensive recreational use by ORVs and which is designated by the Chelan County commissioners.
(15) “Person” means any individual, corporation, partnership, association, governmental body, state agency or other entity whatsoever.
(16) “Public road” means a dedicated right-of-way which provides a location for vehicular travel and a means of access to abutting properties.
(17) “Snowmobile” means any self-propelled vehicle designed for travel over snow or ice which utilizes an endless belt, tread, cleats, etc., for propulsion, and which is steered by skis or sled-type runners, and which is required to be registered under RCW 46.10.
(18) “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 Publication S1.4-1971, Standard Specification for Sound Level Meters.
(19) “Unnecessary and excessive noise” means any unusually loud, shrill, lengthy in duration, or otherwise disturbing sound which annoys, injures or endangers the health, safety or general welfare of any person or causes damage to property or business.
(20) “Vehicle” means any motor vehicle, snowmobile, and motorized watercraft as defined in this chapter. (§ 300 of Res. 78-61, May 16, 1978 at Vol. F page 67).
9.44.040 Noise-muffling devices required—Operating noisy vehicles prohibited when.
(a) Every vehicle operated within this county shall be equipped with a noise-muffling device in good working order and in constant operation except when such a device is technologically not feasible and except as otherwise provided in this chapter.
(b) No person shall operate a motor vehicle in such a manner so as to emit a squealing, screeching or other such noise from the tires in contact with the ground, unless such noise is created in an emergency situation and/or to avoid imminent danger.
(c) No person shall alter or make additions to a vehicle’s muffler or other part of the vehicle such that noise emissions exceed those specified in this chapter.
(d) No person shall operate, or cause or permit to be operated, any vehicle so out of repair, so loaded, or, in such a manner so as to cause unnecessary and excessive noise. (§ 400 of Res. 78-61, May 16, 1978 at Vol. F page 67).
9.44.050 Noise level limitations—On public roads.
The following are the noise limitations placed on motor vehicles operating under normal conditions on public roads:
(1) Any motor vehicle under ten thousand GVWR or GCWR, with the exception of motorcycles:
(A) May not exceed seventy-six dBA when operating at speeds of thirty-five mph or less, or eighty dBA when operating at speeds of greater than thirty-five mph, as measured using the pass-by technique as described in Section 9.44.110 of this chapter, or
(B) May not exceed one hundred dBA when tested using the half-meter method described in Section 9.44.150 of this chapter;
(2) Any motorcycle:
(A) May not exceed eighty dBA when operating at speeds of thirty-five mph or less, or eighty-four dBA when operating at speeds greater than thirty-five mph when measured using the pass-by technique as described in Section 9.44.110 of this chapter, or
(B) May not exceed one hundred five dBA when tested using the half-meter method described in Section 9.44.160 of this chapter;
(3) Any motor vehicle over ten thousand GVWR or GCWR:
(A) May not exceed eighty-six dBA when operating at speeds of thirty-five mph or less, or ninety dBA when operating at speeds of greater than thirty-five mph, when measured using the pass-by technique as described in Section 9.44.110 of this chapter except if said public road is a designated truck route. (§ 500 of Res. 78-61, May 16, 1978 at Vol. F page 67).
9.44.060 Noise level limitations—Areas other than public roads.
(a) No person shall operate a motor vehicle except where otherwise provided in Section 9.44.090 of this chapter, on areas other than public roads within the county such that the noise emitted from the motor vehicle:
(1) Exceeds eighty dBA when operating at speeds of thirty-five mph or less, or eighty-four dBA when operating at speeds of greater than thirty-five mph as measured by the pass-by technique described in Section 9.44.110 of this chapter, or
(2) Exceeds one hundred five dBA when measured using the half-meter method described in Section 9.44.150 of this chapter;
(b) No person shall operate a snowmobile on lands within Chelan County such that the noise emitted from the snowmobile:
(1) Exceeds eighty-eight dBA when measured using the pass-by technique for snowmobiles described in Section 9.44.120 of this chapter;
(c) No person shall operate a motorized watercraft on any body of water within the county such that the noise emitted from the watercraft:
(1) Exceeds seventy-six dBA between the hours of seven a.m. and ten p.m., and sixty-six dBA between the hours of ten p.m. and seven a.m., when measured using the shoreline pass-by technique for motorized watercraft as described in Section 9.44.130 of this chapter, or
(2) Exceeds eighty-two dBA when measured at a distance of fifty feet or seventy-six dBA when measured at a distance of one hundred feet using the fixed distance pass-by technique for watercraft described in Section 9.44.140 of this chapter. (§ 600 of Res. 78-61, May 16, 1978 at Vol. F page 67).
9.44.070 Noise-sensitive areas—Sound level restrictions during certain hours.
(a) During the hours of seven a.m. to ten p.m., no vehicle or collection of vehicles operating for a common purpose shall emit a noise such that it is received in excess of the following dBA ratings and time durations by a noise-sensitive area to be measured at the receiving site as described in Section 9.44.170 of this chapter:
(1) seventy dBA for a duration of not more than 1.5 minutes per hour,
(2) sixty-five dBA for a duration of not more than five minutes per hour,
(3) sixty dBA for a duration of not more than fifteen minutes per hour,
(4) fifty-five dBA for the remaining time in the day;
(b) During the hours of ten p.m. to seven a.m., no vehicle or collection of vehicles operating for a common purpose shall emit noise such that it is received in excess of the following dBA ratings and time durations by a noise-sensitive area to be measured at the receiving site as described in Section 9.44.170 of this chapter:
(1) sixty dBA for a duration not to exceed 1.5 minutes per hour per day,
(2) fifty-five dBA for a duration not to exceed four minutes per hour per day,
(3) fifty dBA for a duration not to exceed fifteen minutes per hour per day,
(4) forty-five dBA for the remainder of the night. (§ 700 of Res. 78-61, May 16, 1978 at Vol. F page 67).
9.44.080 ORV use area noise level limitations.
ORV use areas may have special noise provisions and limitations exclusively for application thereof, which must be approved by the ORV commission and the Chelan County commissioners; provided, that the noise-sensitive limitations of Section 9.44.070 are complied with. (§ 800 of Res. 78-61, May 16, 1978 at Vol. F page 67).
9.44.090 Exemptions from chapter applicability.
The following vehicles and situations shall be exempt from the provisions of this chapter, except subsections (a), (b) and (d) of Section 9.44.040:
(1) Any farm or orchard equipment;
(2) Any public emergency vehicles;
(3) Any law enforcement vehicles;
(4) Any vehicle operating for the purpose of public road building or maintenance, or for on-site construction of structures between the hours of seven a.m. and ten p.m.;
(5) Any vehicle acting in a public emergency;
(6) Any motor vehicle over ten thousand GCWR or GVWR on designated truck routes, non-highway roads, private roads, or private nonroad areas between the hours of seven a.m. and ten p.m. and on designated truck routes between ten p.m. and seven a.m.;
(7) Any airplanes or railroad transport. (§ 900 of Res. 78-61, May 16, 1978 at Vol. F page 67).
9.44.100 Testing methods and techniques generally.
The following shall be the official method and technique utilized for testing noise emissions from vehicles in Chelan County. (§ 1000 (part) of Res. 78-61, May 16, 1978 at Vol. F page 67).
9.44.110 Pass-by technique—For motor vehicles.
A measuring site shall be selected which shall be open and free of sound-reflecting surfaces within a one-hundred-foot radius of the position of the microphone. The sound level meter shall be properly operating and calibrated. Fifty feet shall be measured between the path of travel of the vehicle to be tested and the microphone, which shall be four feet above the ground. The recorded reading shall be the highest sound level obtained as the vehicle passes by, disregarding unrelated peaks due to ambient sounds. These measurements of motor vehicle noise shall be in compliance with WAC 204.56.010 and WAC 204.56.020, issued by the Department of Ecology. When a clear one-hundred-foot radius is not feasible, the noise level adjustment schedule in the above cited codes may be used. (§ 1000.100 of Res. 78-61, May 16, 1978 at Vol. F page 67).
9.44.120 Pass-by technique—For snowmobiles.
A measuring site shall be selected which shall be open and free of sound reflecting surfaces within a one-hundred-foot radius of the position of the microphone. The sound level meter shall be properly operating and calibrated. Fifty feet shall be measured from the path of travel of the snowmobile to be tested to the microphone, which shall be four feet above the snow pack level of the path of travel of the snowmobile. The snowmobile shall pass by at full throttle, and the recorded reading shall be the highest sound level obtained as the snowmobile passes by, disregarding unrelated peaks due to ambient sounds. The measurement of snowmobile noise using the pass-by technique shall be in compliance with the Forest Service Winter Test Procedures, Test Report 7120-5. (§ 1000.200 of Res. 78-61, May 16, 1978 at Vol. F page 67).
9.44.130 Shoreline pass-by technique for motorized watercraft.
A properly operating and calibrated sound level meter shall be set up directly at the shoreline of a body of water, in a position four feet above the level of the water. No sound-reflecting surfaces shall be within a one-hundred-foot radius of the microphone. As a motorized watercraft passes within the scope of the measurement of the sound level meter, the recorded reading shall be the highest sound level obtained, disregarding unrelated peaks due to ambient sounds. The measurements of motorized watercraft noise using the pass-by technique shall be in reasonable compliance with the Society of Automotive Engineers Test Procedure J34. (§ 1000.300 of Res. 78-61, May 16, 1978 at Vol. F page 67).
9.44.140 Fixed-distance pass-by technique for watercraft.
A properly operating and calibrated sound level meter shall be set up four to five feet above the water surface and no closer than two feet from a dock or deck surface. Aside from the tester and the subject, the site shall be free of large obstructions, such as boats, buildings, hills, large piers, etc., for a distance of one hundred feet around the microphone and the subject’s test path. The water shall be free from rough waves, and the wind shall not be blowing strongly. At least two buoys or markers shall be placed the correct distance (either fifty or one hundred feet) from the microphone. The test craft shall pass at full throttle 1 to 3 feet from the far side of the markers. The meter shall be set at fast response, and the highest sound level for the run shall be applicable. Both sides of the boat should be tested, and the average of the two shall be the sound level of the watercraft. The measurement of watercraft using this pass-by technique is based upon Society of Automotive Engineers Test Procedure J34. (§ 1000.400 of Res. 78-61, May 16, 1978 at Vol. F page 67).
9.44.150 Half-meter method—For all motor vehicles under ten thousand GVWR or GCWR (excluding motorcycles).
(a) The microphone for a properly operating and calibrated sound level meter shall be placed at the same height as the center of the exhaust outlet. The microphone shall be no closer to the ground or pavement than eight inches when the exhaust is lower than this height (see Figure 1)*. The sound level meter shall be positioned with its longitudinal axis parallel to the ground, twenty inches (plus or minus one inch) from the axis of the outlet (see Figure 2)*. For exhaust outlets located under the vehicle body, the sound level meter shall be located at the specified angle and at least eight inches from the nearest part of the vehicle (see Figure 3)*. For exhaust outlets with different exhaust angles or dual side-by-side exhaust, the microphone positions illustrated in Figure 4* shall be duplicated within above-specified tolerances.
(b) The engine shall be at normal operating temperature with the transmission in neutral. Measurement shall be made at three-quarters of maximum RPM. If RPM data is unavailable, three thousand RPM shall be used.
(c) The recorded exhaust-system sound level of a stationary vehicle shall be the highest reading obtained during the test, disregarding peaks due to extraneous ambient noise. When there is more than one exhaust outlet, the sound level shall be for the loudest outlet. When there are two or more exhaust outlets separated by less than twelve inches, measurements shall be made on the outlet closest to the side or rear of the vehicle (see Figure 4).
(d) This measurement technique follows California Highway Patrol Title 13, Register 75, Number 48, Article 9. (§ 1000.500 of Res. 78-61, May 16, 1978 at Vol. F page 67).
* (Figures 1—5 of Res. 78-61 are available in county clerk’s office.)
9.44.160 Half-meter method—For motorcycles.
A properly operating and calibrated sound level meter shall be placed directly behind the exhaust pipe, tilted at an upward angle of forty-five degrees (Figure 5 illustrates this microphone position)*. The stationary motorcycle shall then maintain a steady engine speed of one-half maximum (“red line”) engine speed, or the speed in RPM calculated at sixty percent of the speed at which maximum horsepower is attained. The measurement of motorcycle noise using the half-meter method is based upon the Motorcycle Industry Council’s Stationary test MIC/E—76. (§ 1000.600 of Res. 78-61, May 16, 1978 at Vol. F page 67).
* (Figures 1—5 of Res. 78-61 are available in county clerk’s office.)
9.44.170 Noise-sensitive areas—Methods for monitoring noise.
(a) The measuring site shall be on property purported to be receiving excessive noise, and shall be at least ten feet from the property line in closest proximity to the noise source. The measuring point shall be at least ten feet from any building, wall or either sound-obstructing object, and no individual other than the operator shall be within ten feet of the sound level meter.
(b) The properly operating and calibrated sound level meter shall be pointed toward the noise source and be at least four feet above the ground. Monitoring shall proceed for the duration needed to determine whether provisions of Section 9.44.170 have been violated. The operator shall keep an accurate record of the dBA levels recorded and their durations, regarding unrelated peaks due to extraneous ambient sound. (§ 1000.700 of Res. 78-61, May 16, 1978 at Vol. F page 67).
9.44.180 Relief from chapter provisions—Conditions.
Should any person anticipate any activity that may not comply with the provisions of this chapter, and can demonstrate that undue hardship would be rendered upon them by compliance with this chapter, that person may apply for relief from the provisions of this chapter, to be granted at the discretion of the Chelan County commissioners. Such relief may have stipulations that provide other dBA limitations, time of day limitations, and expiration dates. (§ 1300 of Res. 78-61, May 16, 1978 at Vol. F page 67).
9.44.190 Enforcement.
A law enforcement officer may direct a vehicle or watercraft suspected to be in violation of this resolution to submit to noise measurement. (§ 1200 of Res. 78-61, May 16, 1978 at Vol. F page 67).
9.44.200 Violation—Penalty.
(a) Any person who causes a vehicle to emit a noise which is proven, through the measurements in Section 9.44.100 through 9.44.170, to exceed the levels of Sections 9.44.050, 9.44.060 or 9.44.070, or which violate Section 9.44.040 by the discretion of the law enforcement officer, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be fined an amount not to exceed one hundred dollars or be imprisoned in the county jail for a period of not longer than thirty days, or both.
(b) Any vehicle found in violation of this chapter shall be deemed a public nuisance and may be subject to abatement by a sustaining order, confiscation order or injunction order issued by the court. Any vehicle found in violation of this chapter shall report to the Chelan County sheriff’s department within thirty days of conviction to be tested for compliance with this chapter, or show cause (demolition, etc.) why this is not possible. (§ 1100 of Res. 78-61, May 16, 1978 at Vol. F page 67).