Chapter 8.40
NOISE REGULATIONS
Sections:
8.40.010 Declaration of policy and findings of special conditions.
8.40.020 Relations to state laws and regulations.
8.40.080 Provisions not exclusive.
8.40.010 Declaration of policy and findings of special conditions.
(A) Declaration of Policy. It is hereby declared to be the policy of the town of Index to minimize exposure of citizens to the harmful physiological and psychological effects of excessive noise. It is the express intent of the Index council to control the level of noise in a manner that promotes commerce, the use, value and enjoyment of property, sleep and repose, and the quality of the environment.
(B) Findings of Special Conditions. The problem of noise is documented by citizen complaints received by the town of Index. (Ord. 398 § 1, 2009).
8.40.020 Relation to state laws and regulations.
This chapter is a complement to, and not in conflict with, Chapter 70.107 RCW, the Noise Control Act of 1974, and Chapters 173-58, 173-60 and 173-62 WAC, which regulate excessive noise using a performance-based code that sets exact decibel levels of tolerable noise. This chapter regulates excessive noise as a nuisance as authorized by WAC 173-60-060. (Ord. 398 § 2, 2009).
8.40.030 Definitions.
For purposes of this chapter, the words and phrases used herein shall have the meanings indicated below:
(A) “Emergency work” means work made necessary to restore property to a safe condition following a public calamity, work required to protect persons or property from imminent exposure to danger, or work by private or public utilities for providing or restoring immediately necessary utility service.
(B) “Motor vehicle” means any motor 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 and duration character of sounds from any and all sources.
(D) “Person” means any individual, corporation, partnership, association, governmental body, state agency, or other entity whatsoever.
(E) “Plainly audible” means any sound that can be detected by a person using his or her unaided hearing faculties.
(F) “Public highway” means the entire width between the boundary lines of every way publicly maintained by the Department of Highways 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.
All other terms shall be interpreted in conformance with their usual and ordinary meaning. (Ord. 398 § 3, 2009).
8.40.040 Noise disturbances.
(A) It shall be unlawful for any person to make or cause to be made any loud or unreasonable noise between the hours of ten p.m. and eight a.m. Noise shall be deemed to be unreasonable when it disturbs, injures, or endangers the peace or health of another or when it endangers the health, safety, or welfare of the community. Any such noise shall be considered to be a public nuisance and an unlawful noise disturbance.
(B) It shall be unlawful for any person to make or cause to be made, without a reasonable cause therefor, frequent, repetitive, or continuous noise from the discharge of a firearm between sunset and sunrise. Any such noise shall be considered to be a public nuisance and an unlawful noise disturbance.
(C) It shall be unlawful for any person to make or cause to be made any of the following unreasonable noises at any time. Such noise shall be deemed to be unreasonable when it disturbs, injures, or endangers the peace or health of another or when it endangers the health, safety, or welfare of the community. The following noises shall be considered to be a public nuisance and an unlawful noise disturbance regardless of the time of day:
(1) Frequent, repetitive, or continuous noise made by any animal which unreasonably disturbs or interferes with the peace, comfort, and repose of property owners or possessors. Notwithstanding any other provision of this chapter, if the owner or other person having custody of the animal cannot, with reasonable inquiry, be located by the investigating officer, or if the animal is a repeat violator of this subsection, the animal may be impounded by the animal control officer or his designee, subject to redemption in the manner provided by the Town of Index Municipal Code.
(2) The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle except as a warning of danger or specifically permitted or required by law.
(3) The creation of frequent, repetitive, or continuous noise in connection with the starting, operation, repair, rebuilding, or testing of any motor vehicle, motorcycle, or off-highway vehicle so as to unreasonably disturb or interfere with the peace, comfort, and repose of owners or occupants of real property.
(4) The creation of frequent, repetitive, or continuous noise by use of a musical instrument, whistle, sound amplifier, stereo, radio, television, or other device capable of reproducing sound so as to unreasonably disturb or interfere with the peace, comfort, and repose of owners or occupants of real property.
(5) 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 is plainly audible by a person of normal hearing at a distance of seventy-five (75) feet or more from the vehicle itself and lasts more than thirty (30) seconds.
(6) Sound from portable audio equipment, such as a radio, tape player or compact disc player, which is operated at such a volume that it is plainly audible by a person of normal hearing at a distance of seventy-five (75) feet or more from the source of the sound and lasts for more than thirty (30) seconds. (Ord. 398 § 4, 2009).
8.40.050 Exemptions.
The following noises are exempt from the provisions of this chapter at all times:
(A) Noise originating from aircraft in flight, and sounds which originate at airports and are directly related to flight operations.
(B) Noise created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible.
(C) Noise created by emergency work necessary in the interest of law enforcement or for the health, safety, or welfare of the community.
(D) Noise created by motor vehicles operating on public highways when regulated by WAC 173-60-040.
(E) Noise originating from officially sanctioned parades, sporting events, and other public events.
(F) Noise created by natural phenomena.
(G) Noise created by un-amplified human voices except yelling, shouting, or otherwise making loud and raucous noise which unreasonably disturbs or interferes with the peace, comfort, and repose of owners or possessors of real property.
(H) Noise created from school marching bands while practicing or parades on public streets.
(I) Noise from events for which a town of Index special events permit was obtained under the Index Municipal Code.
(J) Noise from agricultural activities including the planting and harvesting of crops and the sounds of farm animals including horses, cattle, pigs, sheep, goats, llamas, and alpacas.
(K) Noise created by firearm discharge on properly authorized shooting ranges. (Ord. 398 § 5, 2009).
8.40.060 Penalties.
(A) Punishment for Violations.
(1) The first violation of any provision of this chapter within a one (1) year period shall be a civil infraction carrying a monetary penalty of fifty dollars ($50.00) plus statutory assessments.
(2) The second violation of any provision of this chapter within a one (1) year period shall be a civil infraction carrying a monetary penalty of one hundred dollars ($100.00) plus statutory assessments.
(3) A third or subsequent violation of any provision of this chapter within a one (1) year period shall constitute a criminal misdemeanor punishable by a fine of up to one thousand dollars ($1,000), ninety (90) days in jail, or both.
(B) Right to Hearing. The recipient of an infraction notice under this chapter is entitled to a hearing in district court to contest the infraction notice and civil penalty in accordance with Chapter 7.80 RCW.
(C) Evidence in Proceedings. In any proceeding under this chapter, evidence of sound level through the use of sound level meter readings shall not be necessary to establish the commission of the offense. (Ord. 398 § 6, 2009).
8.40.070 Enforcement.
This chapter shall be enforced by the Snohomish County sheriff’s office. The sheriff’s office may issue a notice of violation only after it receives a complaint from an identified person who owns, rents, or leases property that is affected by a noise source, except that the section of this chapter relating to motor vehicle audio systems (Section 8.40.040(C)(5)) shall be subject to enforcement proceedings regardless of whether a complaint has been received. (Ord. 398 § 7, 2009).
8.40.080 Provisions not exclusive.
The provisions of this chapter shall be cumulative and not exclusive. This chapter 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. Instead, the chapter shall be deemed complementary to existing legislation and common law on noise. (Ord. 398 § 8, 2009).