Chapter 8.04
NOISE
Sections:
8.04.060 Alteration of vehicle equipment.
8.04.070 Excessive vehicle noise.
8.04.080 Environmental designations for noise abatement.
8.04.090 Maximum noise levels.
8.04.100 Deviations from noise levels.
8.04.105 Temporary noise variances.
8.04.120 Nighttime exemptions.
8.04.130 Nonresidential exemptions.
8.04.140 Motor vehicle noise level—Public way.
8.04.150 Motor vehicle noise level—Off public way.
8.04.160 Snowmobile noise levels.
8.04.165 Compression braking prohibited.
8.04.010 Statutory authority.
The legislature of the state has in RCW 36.32.120(7) delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. RCW Chapter 70.107 further authorizes local government to adopt noise regulations consistent with rules adopted by the Department of Ecology. Therefore, the Board of County Commissioners ordains the provisions of this chapter. (Ord. dated 8/27/79 § 1.1)
8.04.020 Findings.
A. Environmental noise is a serious hazard to the public health and welfare and the quality of life.
B. A substantial body of science and technology exists by which noise may be substantially abated.
C. Each person has a right to an environment free from noise that may jeopardize his health or welfare or degrade the quality of life. (Ord. dated 8/27/79 § 1.2)
8.04.030 Policy.
It is the policy of the county to prevent noise which may jeopardize the health or welfare of its citizenry or degrade the quality of life. (Ord. dated 8/27/79 § 1.3)
8.04.040 Definitions.
Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. All acoustical-scientific terminology used, not defined in this section, shall be in conformance with applicable publications of the American National Standards Institute (ANSI).
A. “Ambient sound level” means the steady level of background noise at the measurement location independent of the source being tested.
B. “dBA” means the sound pressure level in decibels measured using the “A” weighting network of a sound level meter as specified in the American National Standards Institute Specifications (S 1.4-1971) for sound level meters.
C. “EDNA” means the environmental designation for noise abatement, being an area or zone within which maximum permissible noise levels are established.
D. “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.
E. “GVWR” or “GCWR” means gross vehicle weight rating or gross combination weight rating, which are the values specified by the manufacturer as the loaded weight of a single or combination vehicle.
F. “Motorcycle” means any motor vehicle having a saddle and designed to travel; with three or less wheels on the ground, except such vehicles powered by engines not to exceed five horsepower.
G. “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, and includes but is not limited to cars, trucks, motorcycles, jeeps and dune buggies.
H. “Muffler” means a chambered, baffled, or other designed device which receives exhaust gas from an internal combustion engine and is effective in reducing noise resulting therefrom.
I. “Noise” means the intensity, duration and character of sounds from any and all sources.
J. “Off-highway vehicle” means any self-propelled vehicle not used primarily for transporting persons or property upon public highways nor required to be licensed under RCW 46.16.010.
K. “Person” means any individual, corporation, partnership, association, government or state agency or other entity whatsoever.
L. “Property boundary” means the surveyed line at ground surface which separates the real property owned, rented or leased by one or more persons from that owned, rented or leased by one or more other persons, and its vertical extension.
M. “Public highway” means the entire width between the boundary lines of every way publicly maintained by the Department of Transportation or any county or city when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right.
N. “Receiving property” means any real property at the boundaries of which the maximum permissible noise levels specified in this chapter shall not be exceeded from sources outside such property.
O. “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 Chapter 46.10.
P. “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 publications (S 1.4-1971). (Ord. dated 8/27/79 § 2.0)
8.04.050 Mufflers required.
Every motor vehicle operated within the unincorporated areas of the county shall be equipped with a muffler in good working order and constant operation. (Ord. dated 8/27/79 § 3.1)
8.04.060 Alteration of vehicle equipment.
No person shall alter or make addition to a vehicle’s muffler or other part of the vehicle such that noise emissions exceed those specified in this chapter. (Ord. dated 8/27/79 § 3.2)
8.04.070 Excessive vehicle noise.
No person shall operate or cause or permit to be operated any vehicle so out of repair, so loaded, or in such a manner as to cause unnecessary and excessive noise. (Ord. dated 8/27/79 § 3.3)
8.04.080 Environmental designations for noise abatement.
Environmental designations for noise abatement (EDNA) are established by this section. They are based primarily on the present use of land, but also take into consideration the zoning, future and historical usage, as well as the usage of adjacent lands.
A. Class A EDNA are lands where human beings reside and sleep. Typically, class A EDNA will be the following types of property used for human habitation:
1. Residential;
2. Multifamily living accommodations;
3. Recreational and entertainment (e.g., camps, parks, camping facilities, and resorts);
4. Community service (e.g., hospitals, homes for the aged, health and correctional facilities).
B. Class B EDNA are lands involving uses requiring protection against noise interference with speech. Typically, class B EDNA will be the following types of property:
1. Commercial living accommodations;
2. Commercial dining establishments;
3. Motor vehicle services;
4. Retail services;
5. Banks and office buildings;
6. Miscellaneous commercial services, property not used for human habitation;
7. Recreation and entertainment, property not used for human habitation (e.g., theaters, stadiums, fairgrounds, and amusement parks);
8. Community services, property not used for human habitation (e.g., educational, religious, governmental, cultural and recreational facilities).
C. Class C EDNA are lands involving economic activities of such a nature that higher noise levels than experienced in other areas is normally to be anticipated. Typically, class C EDNA will be the following types of property:
1. Storage, warehousing and distribution facilities;
2. Industrial property used for the production and fabrication of durable and nondurable manmade goods;
3. Agricultural property used for the production of crops, plant products or livestock. (Ord. dated 8/27/79 § 4.0)
8.04.090 Maximum noise levels.
No person shall cause or permit noise to intrude into the property of another person which noise exceeds the maximum permissible noise levels set forth as follows in this section, with the point of measurement being at the property boundary of the receiving property or anywhere within. The noise limitations established are as set forth in the following table after any applicable adjustments provided for in this chapter are applied:
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MAXIMUM PERMISSIBLE ENVIRONMENTAL NOISE LEVELS |
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EDNA of Noise Source |
EDNA of Receiving Property |
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Class A |
Class B |
Class C |
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Class A |
55 dBA |
57 dBA |
60 dBA |
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Class B |
57 |
60 |
65 |
|
Class C |
60 |
65 |
70 |
(Ord. dated 8/27/79 § 5.1)
8.04.100 Deviations from noise levels.
The following deviations from the maximum permissible noise levels are permitted:
A. Between the hours of ten p.m. and seven a.m. the noise limitations of Table 8.04.090 shall be reduced by ten dBA for receiving property within class A EDNAs.
B. At any hour of the day or night the applicable limitations in Table 8.04.090 and the nighttime restrictions of subsection A of this section may be exceeded for any receiving property by no more than:
1. Five dBA for a total of fifteen minutes in any one-hour period; or
2. Ten dBA for a total of five minutes in any one-hour period; or
3. Fifteen dBA for a total of 1.5 minutes in any one-hour period. (Ord. dated 8/27/79 § 5.2)
8.04.105 Temporary noise variances.
When compliance with the provisions of this chapter may not be feasible or in the best interest of the public, a person may petition the board of county commissioners for a temporary noise variance. Only short-term activities that benefit the public and for which compliance can be demonstrated to be impossible, impracticable or detrimental to public health, welfare and safety will be considered as grounds for issuance of a temporary noise variance.
A petition for a temporary noise variance, together with all applicable filing fees and estimated costs for publishing and mailing of notices, is submitted to the county engineer’s office on forms provided. A petition should be submitted at least twenty-five business days prior to the proposed start of activity for which the variance is sought. The county engineer will review the petition, determine if the petition is complete and sufficient for a public hearing, and may request additional information from the petitioner and other agencies and departments as needed. When the petition is deemed complete and sufficient, a public hearing will be scheduled before the board of county commissioners, with notice to the petitioner and potentially affected property owners. The county engineer will make recommendations to the board. The petitioner is encouraged to attend and present justification for the variance. The board may approve or deny the petition, or approve the petition with conditions. Costs associated with meeting conditions set by the board shall be borne by the petitioner. The decision of the board is final. (Ord. TLS 18-04-08B)
8.04.110 Daytime exemptions.
The following shall be exempt from the provisions of Section 8.04.090 between the hours of seven a.m. and ten p.m.:
A. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances;
B. Sounds created by the discharge of firearms on authorized shooting ranges;
C. Sounds created by aircraft engine testing and maintenance not related to flight operation; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible;
D. Sounds created by the installation or repair of essential utility services;
E. Sounds created by blasting. (Ord. dated 8/27/79 § 5.3)
8.04.120 Nighttime exemptions.
The following shall be exempt from the provisions of Section 8.04.100(A):
A. Noise from electrical substations and existing, stationary equipment used in the conveyance of water by a utility.
B. Noise from existing industrial installations which exceed the standards contained in this chapter and which, over the previous three years, have consistently operated in excess of fifteen hours per day as a consequence of a process necessity and/or demonstrated routine normal operation. (Ord. dated 8/27/79 § 5.4)
8.04.130 Nonresidential exemptions.
The following vehicles and situations shall be exempt from the provisions of this chapter, except Sections 8.04.050, 8.04.060 and 8.04.070:
A. Any farm or orchard equipment operated on existing farm or orchard properties;
B. Any public emergency vehicles, or any vehicles operating in a public emergency;
C. Any law enforcement vehicles;
D. 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.;
E. Sounds originating from motor vehicle racing events at existing authorized facilities;
F. Any airplanes or railroads;
G. Sounds created by motor vehicles when regulated by WAC Chapter 173-62;
H. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes and carillons;
I. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible;
J. Sounds originating from officially sanctioned parades and other public events;
K. Sounds emitted from petroleum refinery boilers during startup of the boilers;
L. Sounds created by watercraft;
M. Sounds created by the discharge of firearms in the course of hunting;
N. Sounds caused by natural phenomena and unamplified human voices;
O. Sounds created by motor vehicles, licensed or unlicensed, when operated off public highways, except when such sounds are received in class A EDNAs. (Ord. dated 8/27/79 § 5.5)
8.04.140 Motor vehicle noise level—Public way.
No person shall operate any motor vehicle upon any public highway or any combination of such vehicles under any conditions of grade, load, acceleration or deceleration in such a manner as to exceed the following maximum permissible sound levels for the category of vehicle, as measured at a distance of fifty feet from the center of the lane of travel within the speed limits specified, using procedures as established by the State Commission on Equipment in WAC Chapter 204-56.
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Maximum Sound Level, dBA
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Vehicle Category |
45 mph (72 kph) or less |
Over 45 mph |
Stationary Text |
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Motorcycles |
78 |
82 |
N/A |
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Automobiles, light trucks, and all other motor vehicles under 10,000 pounds |
72 |
78 |
N/A |
|
|
35 mph (56 kph) or less |
Over 35 mph (56 kph) |
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|
All motor vehicles over 10,000 pounds |
86 |
90 |
86 |
(Ord. 86-3 Am. 6: Ord. dated 8/27/79 § 6.1)
8.04.150 Motor vehicle noise level—Off public way.
No person shall operate a motor vehicle except as otherwise provided in Section 8.04.130 on areas other than public rights-of-way within the unincorporated areas of the county without an adequate, and operating, muffling device which effectively limits vehicle noise to no more than eighty-six decibels on the “A” scale at fifty feet as measured by the Society of Automotive Engineers (SAE) test procedure J 331a, except that a maximum noise level of one hundred five decibels on the “A” scale at a distance of twenty inches from the exhaust outlets shall be an acceptable substitute in lieu of the SAE test procedure J 331a when measured:
A. At a forty-five degree angle at a distance of twenty inches from the exhaust outlet;
B. With the vehicle stationary and the engine running at a steady speed equal to one-half of the manufacturer’s maximum allowable (“red line”) engine speed or where the manufacturer’s maximum allowable engine speed is not known the test speed in revolutions per minute calculated as sixty percent of the speed at which maximum horsepower is developed; and
C. With the microphone placed ten inches from the side of the vehicle, one-half way between the lowest part of the vehicle body and the ground plane, and in the same lateral plane as the rearmost exhaust outlet where the outlet of the exhaust pipe is under the vehicle. (Ord. dated 8/27/79 § 7.1)
8.04.160 Snowmobile noise levels.
No person shall operate a snowmobile on lands within the unincorporated areas of the county such that the noise emitted from the snowmobile exceeds the standards established in Section 8.04.150. (Ord. dated 8/27/79 § 7.2)
8.04.165 Compression braking prohibited.
A. No person shall use motor vehicle brakes within the urban growth areas as delineated below, and as may be hereafter amended, which are in any way activated or operated by the compression of the motor vehicle’s engine or any unit or part thereof; provided, that the use of compression braking in order to protect persons and/or property shall be an affirmative defense to a violation of this section. This prohibition shall apply to the following urban growth areas:
1. The Greater East Wenatchee Urban Growth Area, as defined within the Greater East Wenatchee comprehensive plan adopted April 17, 1996; except Badger Mountain Road.
2. The Rock Island Urban Growth Area, as defined by the Rock Island Urban Area comprehensive plan adopted May 14, 1996.
B. The county engineer is authorized and directed to post permanent traffic signs advising the public of the prohibition of compression braking. (Res. TLS 18-11-43B: Ord. TLS 97-07-64B: Ord. TLS 96-64-01 § 1)
8.04.170 Violation—Penalty.
A. A violation of this chapter shall constitute an infraction punishable by a civil penalty not to exceed one hundred fifty dollars.
B. The driver of any motor vehicle suspected of violating this chapter may be directed by law enforcement to immediately submit the motor vehicle to noise level measurements.
C. The registered owner of any motor vehicle found to be in violation of this chapter shall, within thirty days after the adjudication, provide written certification that the vehicle has been repaired or otherwise modified to comply with this chapter. (Ord. TLS 96-64-01 § 2; Ord. dated 8/27/79 § 8.0)