Chapter 9.37
NOISE REGULATIONS
Sections:
9.37.020 Quantitative standards for sounds.
9.37.030 Public disturbance noise – Prohibited.
9.37.040 Public disturbance noise – Definition.
9.37.010 Definitions.
Specific terms used in this chapter are defined below. Technical terminology used in this chapter and not defined herein shall be interpreted in conformance with the American National Standards Institute Specifications, Section 1.1-1960 and Section 1.4-1971 as now in force or as later amended. All other terms shall be interpreted in conformance with their usual and ordinary meaning.
A. “Construction” means any site preparation, clearing, grading, assembly, erection, demolition, substantial repair, alteration or similar action for or of public or private rights-of-way, structures, utilities or similar property.
B. “Day” or “daytime” means the hours between 7:00 a.m. and 7:00 p.m. on weekdays, and between 9:00 a.m. and 7:00 p.m. on Saturdays, Sundays and legal holidays. Legal holidays are defined in RCW 1.16.050.
C. “District” means the land use zones to which the provisions of this chapter are applied. For the purpose of this chapter:
1. “Residential district” includes those districts defined as RS, RM, RMD and OS.
2. “Business district” includes those districts defined as B and MX.
3. “Commercial district” includes the districts defined as CF and M-1.
For the PD district, residential uses shall be designated “residential district,” commercial and public uses shall be designated “business district,” and industrial uses shall be designated “commercial district.” In the case of ambiguity, the more restrictive district shall apply.
D. “Night” or “nighttime” means those hours not defined as “day” or “daytime” in subsection B of this section.
E. “Noise” means the intensity, duration and character of sounds from any and all sources.
F. “Originating property” means the real property upon which, or within which, the noise originates.
G. “Property boundary” means an imaginary line exterior to any enclosed structure, at ground surface, which separates the real property of one or more persons from that owned by others, and its vertical extension. For structures containing multiple units, such as condominiums, apartment buildings, office buildings or similar structures, the property boundary shall be coincident with the internal surface of any wall, ceiling or floor.
H. “Real property” means an interest or aggregate of rights in land that is guaranteed and protected by law. For the purposes of this chapter, “real property” includes leasehold interests, including interests in a unit of a multiple unit structure, such as a condominium, apartment building, office building or other structures, regardless of whether the unit in question is a ground floor unit or not. For the purpose of this chapter, “ground floor” is synonymous with “first floor” and such term shall be given its usual and ordinary meaning.
I. “Receiving property” means real property within which sound originating from outside the property is received.
J. “Weekday” means any day, Monday through Friday, that is not a legal holiday as defined in RCW 1.16.050.
K. “Weekend” means Saturday, Sunday and any legal holiday as defined in RCW 1.16.050. (Ord. 1743 § 1, 2009; Ord. 1317 § 1, 1998).
9.37.020 Quantitative standards for sounds.
A. Unlawful Sounds. Except as provided in MMC 9.37.050 it is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that intrudes into the real property of another person and which exceeds the maximum permissible sound levels established in subsection B of this section. Penalties for violation of this section shall be in accordance with MMC 9.37.070.
B. Maximum Permissible Sound Levels. Noise measurement shall be measured in dBA with a sound level meter. Measurement of sound levels from all sources shall be made at or within the property boundary of the receiving property. Maximum permissible sound levels for districts within the city of Milton expressed in dBAs are:
|
|
District of Noise Source |
||
|---|---|---|---|
|
District of Receiving Property |
Residential |
Business |
Commercial |
|
|
|
|
|
|
Residential |
55 |
57 |
60 |
|
Business |
57 |
60 |
65 |
|
Commercial |
60 |
65 |
70 |
C. Modifications to Maximum Permissible Sound Levels. The maximum permissible sound levels established by this chapter received on in property within a residential district shall be reduced by 10 dBA during nighttime hours.
D. Existing Industrial Uses Exempt from Nighttime Noise Restrictions. Existing industrial installations are exempt from the 10 dBA noise reduction requirement of subsection C of this section. Existing industrial installations are defined as the industrial uses which exceed the standards contained in these regulations and which, since January 1, 2007, have consistently operated in excess of 15 hours per day as a consequence of process necessity and/or demonstrated routine normal operation. Changes in working hours, which would affect this exemption, require approval of the hearing examiner.
E. Temporary Increases in Noise Levels. At any hour of the day or night, the applicable noise limitations of this section may be exceeded for any receiving property by no more than:
1. Five decibels (dBA) for a total of 15 minutes in any one-hour period; or
2. Ten decibels (dBA) for a total of five minutes in any one-hour period; or
3. Fifteen decibels (dBA) for a total of one and one-half minutes in any one-hour period. (Ord. 1743 §§ 2, 3, 2009; Ord. 1317 § 1, 1998).
9.37.030 Public disturbance noise – Prohibited.
Except as provided in MMC 9.37.050, it shall be unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, or for any person operating or in control of a motor vehicle to allow to originate from that vehicle, sound that is a public disturbance noise as defined in MMC 9.37.040. Penalties for violation of this section shall be in accordance with MMC 9.37.070. (Ord. 1317 § 1, 1998).
9.37.040 Public disturbance noise – Definition.
“Public disturbance noise” means any sound that endangers or injures the safety or health of humans or animals, or endangers or damages personal or real property, or annoys, or disturbs any reasonable person of normal sensitivities, and includes, but is not limited to, those noises listed in subsections A through K.
A. Loud, raucous, frequent, repetitive, or continuous sounds made by any animal.
B. Loud, raucous, frequent, repetitive, or continuous sounds made by any horn or siren attached to a motor vehicle, except such sounds that are made to warn of danger or that are specifically permitted or required by law.
C. Loud, raucous, frequent, repetitive, or continuous sounds made in connection with the starting, operation, repair, rebuilding, or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine.
D. Loud, raucous, frequent, repetitive, or continuous sounds created by use of any device capable of producing an impulsive sound such as when being struck by an object, by a whistle, by a sound amplifier, or by any audio equipment such as a radio, tape player, disc player or any other audio device capable of producing, reproducing or amplifying sound so as to be audible greater than 50 feet from the source of sound, whether stationary, portable or in a motor vehicle.
E. Loud, raucous, frequent, repetitive, or continuous sounds made by the amplified or unamplified human voice between the hours of 10:00 p.m. and 7:00 a.m. The content of the speech shall not be considered against any person in determining a violation of this subsection.
F. A sound amplifier or other device capable of producing or reproducing an amplified sound upon public streets for the purpose of commercial advertising or sales or for attracting the attention of the public to any vehicle, structure or property, or the contents therein, except as permitted by law.
G. The creation of any loud and raucous sound within 1,000 feet of any school, hospital, sanitarium, nursing or convalescent facility.
H. Any sound out of doors that interferes with normal conversations at a distance of 50 feet from the source of the sound.
I. Any sound from a motor vehicle, audio sound systems, such as tape players, radios, and compact disc players operated at a volume so as to be audible greater than 50 feet from the vehicle itself.
J. Sound from portable audio equipment such as tape players, radios and compact disc players operated at a volume so as to be audible greater than 50 feet from the source, if not operated upon the property of the operator.
K. Any sound that exceeds the decibel levels set forth in MMC 9.37.020.
The foregoing provisions shall not apply to regularly scheduled events at parks such as public address systems for baseball games or park concerts between the hours of 9:00 a.m. and 10:00 p.m. (Ord. 1317 § 1, 1998).
9.37.050 Exemptions.
A. Sounds Exempt at All Times. The following sounds are exempt at all times from the prohibition of this chapter.
1. Sounds originating from aircraft in flight, and sounds which originate at airports and are directly related to flight operations.
2. Sounds created by safety and protective devices such as relief valves where noise suppression would defeat the safety release intent of the device.
3. Sounds created by fire alarms.
4. Sounds created by emergency equipment and work necessary in the interest of law enforcement or for health, safety or welfare of the community.
5. Sounds created by auxiliary equipment on motor vehicles used for maintenance.
6. Sounds created by warning devices or alarms not operated continuously for more than 30 minutes per incident.
7. Sounds created by stationary equipment used in the conveyance of water by utility.
8 Sounds created by electrical substations.
9. Sounds created in the interest of law enforcement or for the health, safety or welfare of the city.
B. Sounds Exempt During Daytime Hours. The following sounds are exempt during daytime hours from the prohibitions of this chapter:
1. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances.
2. Sounds created by the discharge of firearms on authorized shooting ranges.
3. Sounds created by blasting.
4. Sounds created by the installation or repair of essential utility services.
5. Sounds created by bells, chimes or carillons not operating for more than five minutes in any one hour.
6. Sounds created by construction equipment and vehicles operating at designated construction sites when operating in compliance with permits issued by the city of Milton or other authorized authority.
7. Noise originating from properly licensed businesses when operating in accordance with the licensing provisions of that business; provided, that all such businesses are subject to MMC 9.37.020.
8. Sounds created by bells or music originating from mobile vendors, such as ice cream vendors, provided they are properly licensed.
C. Amplified and unamplified sounds originating from officially sanctioned parades and other city-sponsored or approved public events are exempt from the prohibitions of this chapter. (Ord. 1514 § 1, 2002; Ord. 1317 § 1, 1998).
9.37.055 Variance.
Variances may be granted by the hearing examiner to any person from any particular requirement of this chapter, if the examiner issues findings that immediate compliance with such requirements cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source, or because of the nonavailability of feasible technology or control methods.
A. Any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances.
B. An implementation schedule for achieving compliance with this chapter shall be incorporated into any variance issued.
C. Variances shall be issued only upon an application in writing. The application shall set forth all the information necessary to determine compliance with the variance criteria specified in this section. A public hearing and public notice shall be provided for the variance application pursuant to the procedures that apply to zoning code variances under MMC Title 17. The hearing examiner shall hold the public hearings and issue final decisions on noise variance requests. (Ord. 1743 § 4, 2009).
9.37.060 Enforcement.
A. Enforcement of Quantitative Standards. The public works director, or his designated representative, or the Milton police department shall have authority to administer and enforce the quantitative standards provisions of this chapter.
B. Enforcement of Public Disturbance Noise. The Milton police department shall have authority to administer and enforce the public disturbance noise provisions of this chapter.
A citation may be issued by any Milton police officer for a public disturbance noise defined in MMC 9.37.040(I) and (J).
A citation may be issued by any Milton police officer for a public disturbance noise defined in MMC 9.37.040(A) through (H) only upon receipt of at least two individual complaints. At least one of those complaints must hold an interest in real property located within the city of Milton or be a member of a Milton household. The second complainant may be a police officer. (Ord. 1317 § 1, 1998).
9.37.070 Penalty.
Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in an amount fixed by the court of not more than $1,000 or by imprisonment for a maximum term fixed by the court of not more than 90 days or by both such fine and imprisonment. Each day that the violation continues shall be deemed a separate violation subject to the maximum penalty therefor. (Ord. 1317 § 1, 1998).