Chapter 9.48
NOISE REGULATION
Sections:
9.48.005 Declaration of policy.
9.48.010 Maximum environmental noise levels.
9.48.020 Public disturbance noise prohibited.
9.48.025 Public disturbance noise—Vehicle audio systems.
9.48.040 Designation of zoned areas.
9.48.080 Chapter additional to other law.
9.48.005 Declaration of policy.
It is declared to be the policy of the city to minimize the exposure of citizens to the harmful and annoying effects of excessive noise. 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. (Ord. 1035 § 1, 2023).
9.48.010 Maximum environmental noise levels.
Chapter 173-60 WAC and all future amendments thereto, unless specifically exempted within this chapter, are adopted by reference. (Ord. 1035 § 1, 2023).
9.48.020 Public disturbance noise prohibited.
No person, whether or not that person is in actual possession of the noise source, shall create, continue, or cause to be created or continued, or allow to be created or continued, any public disturbance noise. “Public disturbance noise” means any sound which unreasonably disturbs or interferes with the peace, comfort and repose of owners or occupants of real property and causes a noise complaint to be reported by two or more persons occupying separate residences, neither of which residence is within the same property boundary. Public disturbance noise includes, but is not limited to, those noises specifically enumerated in subsections (a) and (b) of this section:
(a) Any sound which occurs between ten p.m. in the evening and six a.m. the following morning and shall include, but not be limited to, the following:
(1) Any sound made by the construction, excavation, repair, demolition, destruction or alteration of any building, property or upon any building site;
(2) Any sound made by the discharge of exhaust gases from an internal combustion engine except through a muffler, which sound is heard within a residential zone;
(3) Any sound made by the operation of any motorcycle, motorbike, off-road or all-terrain vehicle in the city on any property not a part of the public street system when such motorcycle, motorbike, off-road or all-terrain vehicle does not conform to muffler standards required for operation on public streets and such sound is heard within a residential district;
(4) Any sound made by a loud speaker or sound amplifier exterior to any building for commercial advertising or sales purposes, or for attracting the attention of the public to any performance, show or other event;
(5) Any sound which is audible at any school, other institution of learning, court, hospital, nursing or convalescent facility, or other area where exceptional quiet is necessary; provided, signs are displayed on adjacent or contiguous streets indicating that the area is a quiet zone;
(b) Any sound heard in a residential zone made at any time by using, operating, playing or permitting to be used, operated or played, any amplification device or equipment, including, but not limited to, radios, musical instruments, phonographs, tape players, CD players or recorders, sound amplification systems or other machines or devices used for producing or reproducing sound at any time with volume louder than is audible by the owners or occupiers of dwelling units within such residential zone, where said owners or occupiers of the dwelling units are within such dwelling units, and where such dwelling units are twenty feet or more from the source of the noise, and where such dwelling units are not attached to another building or dwelling unit from which the sound emanates. (Ord. 1035 § 1, 2023).
9.48.025 Public disturbance noise—Vehicle audio systems.
No person, who is the operator or owner of a vehicle, shall permit any audio system in or on that vehicle to make any sound which is audible outside the passenger compartment at a frequency below one hundred thirty-eight Hz, or which is otherwise amplified by a subwoofer, or to allow the sound of other audible frequencies to be heard more than fifty feet outside the passenger compartment. (Ord. 1035 § 1, 2023).
9.48.030 Exemptions.
The following shall be exempt from the provisions of Section 9.48.020:
(a) Noises from existing industrial installations which, over the previous two-year period have operated in excess of sixteen hours per day and which noise is a consequence of process necessity and/or demonstrated routine normal operation;
(b) Noises originating from on-farm agricultural activities;
(c) Noises created by emergency equipment operated by law enforcement, fire department or medical emergency personnel;
(d) Noises generated from the conduct of the annual community celebration known as the “Fall Festival,” where such celebration is sponsored by the recognized community committee and located on public property;
(e) Sounds emanating from aircraft in flight or sounds that originate at the airport which are directly related to flight operations;
(f) Sounds created by the discharge of firearms in the course of lawful hunting activities;
(g) Sounds created by surface carriers engaged in commerce by railroad. (Ord. 1035 § 1, 2023).
9.48.040 Designation of zoned areas.
The EDNA (Environmental Designation for Noise Abatement) is established as follows:
(a) Residential zones and mobile home park use districts—Class A EDNA;
(b) Commercial use districts, neighborhood business districts and professional office districts—Class B EDNA;
(c) Industrial zones, agricultural use districts, floodplain zones and public reserve—Class C EDNA. (Ord. 1035 § 1, 2023).
9.48.050 Exceptions.
(a) Exceptions may be granted to any person from any requirement of Section 9.48.020 if findings are made that any such exception is in the public interest and that the proposed activity will have substantial public participation; i.e., festivals, parades and other community celebrations.
(b) Exceptions may be granted to any person from any requirement of Section 9.48.020 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 existing noise source, or because of nonavailability of feasible technology or control methods.
(c) Applications for exceptions shall be made to the city clerk or designee. Exceptions shall be issued only upon application in writing and after providing such information as may be requested. No exception shall be issued for a period of more than thirty days except upon due notice to the public with opportunity to comment to the city clerk or designee. The city administrator shall make a recommendation for approval or disapproval to the city council in all such cases. The city council shall then make a final determination of approval or disapproval of an exception. Public hearings may be held before the city council, in any case, at the discretion of the city administrator when substantial public interest is shown.
(d) Any exception or renewal thereof shall be granted only for the minimum time period found to be necessary under the circumstances.
(e) Sources of noise, subject to 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 an exception. (Ord. 1035 § 1, 2023).
9.48.060 Enforcement.
Noise measurement is not necessary for the enforcement of Section 9.48.020. If noise measurement for the purpose of enforcing the provisions of any section of this chapter is used, it shall be measured in dBA with a sound level meter in good operating condition, and properly calibrated. Enforcement of Sections 9.48.010 and 9.48.020 shall be undertaken upon receipt of complaints by two or more persons occupying separate, detached residences, or employed on separate properties in the area affected by the noise. Whenever any police officer, commissioned by the city, has reason to believe that any person is in violation of Section 9.48.010 or 9.48.020, the officer shall, before the issuance of an infraction, notify such person of the violation and request compliance with this chapter. Failure of any person to cease after notification thereof of any violation of Section 9.48.020 shall be cause for the issuance of an infraction. (Ord. 1035 § 1, 2023).
9.48.070 Violations.
Any person found to be in violation of any provision of this chapter shall be deemed to have committed an infraction, and for each violation shall be subject to a civil penalty as outlined in the master fee schedule as amended from time to time. Each day that the violation continues shall be deemed a separate violation. (Ord. 1035 § 1, 2023).
9.48.080 Chapter additional to other law.
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 it be deemed to repeal, amend or modify any law, ordinance or regulation relating to noise, but shall be deemed in addition to legislation and common law on noise. (Ord. 1035 § 1, 2023).
9.48.090 Severability.
If any section, sentence, clause or phrase of this chapter shall be held to be unconstitutional or invalid, the remainder of this chapter shall, nevertheless, remain in full force and effect. (Ord. 1035 § 1, 2023).