Chapter 8.44


8.44.010    Purpose.

8.44.020    Application of chapter.

8.44.030    Noise levels.

8.44.040    Enforcement and violations.

8.44.010 Purpose.

The city council finds that inadequately controlled noise generated by heavy manufacturing businesses and activities in the City adversely affects the health, safety and welfare of the residents and citizens of the City. Existing City ordinances, however, have not adequately protected the residents and citizens of the City from the adverse effects of such noise, particularly during nighttime hours. The Washington State Department of Ecology has adopted maximum noise levels for specific environments and properties to protect against adverse effects of noise. However, those noise levels are enforceable only with sound level meters and sound level programs, which are expensive to establish and difficult to enforce. The purpose of this chapter is to supplement existing City authority to control noise generated by heavy manufacturing businesses and activities in the City. [Ord. 15-0403 § 1.]

8.44.020 Application of chapter.

The rules and regulations of this chapter shall govern the operations and activities of heavy manufacturing, as that term is defined in KMC 18.20.1676. The standards and requirements of this chapter shall be complied with immediately, unless a compliance schedule or deadline is established as part of the standard or requirement. [Ord. 15-0403 § 1.]

8.44.030 Noise levels.

A. Noise levels for heavy manufacturing businesses and activities shall comply with Chapter 173-60 WAC. No person shall cause or permit noise to intrude onto other property in violation of Chapter 173-60 WAC or this chapter. The owner of the business or operator of the activity shall ensure that the noise levels are monitored by a technician with the qualifications contained in Chapter 173-58 WAC, using instruments that meet the requirements of Chapter 173-58 WAC, at the boundary line of the lot or lots on which the business is located or the activities are conducted. If the noise exceeds the permissible levels, the owner or operator shall take immediate action to satisfy the noise level requirements, and to prevent noise level violations in the future. At least quarterly, or more frequently if requested by the city manager (as defined in KMC 18.20.468), the owner or operator shall provide a report of the noise monitoring.

B. Each owner or operator of heavy manufacturing businesses or activities must file with the city manager a proposed plan for monitoring the noise levels of such businesses or activities, in such form and with such information and content as is required by the city manager. The owner or operator must modify the monitoring plan as requested and required by the city manager. The owner or operator must comply with the monitoring plan. [Ord. 15-0403 § 1.]

8.44.040 Enforcement and violations.

Violations of this chapter and the plan required by KMC 8.44.030 shall be processed pursuant to Chapter 1.20 KMC. [Ord. 15-0403 § 1.]