Chapter 9.09
NOISE
Sections:
9.09.010 Declaration of policy.
9.09.020 Washington Administrative Code adopted.
9.09.030 Public disturbance noise prohibited.
9.09.040 Exemptions and special provisions.
9.09.070 Clerk to maintain copy of adopted statute and regulation.
9.09.010 Declaration of policy.
A. The city council of the city of Port Townsend finds that noise can unreasonably disturb and interfere with the peace and quiet of citizens and visitors, and that it is appropriate and reasonable to balance the rights of citizens who are disturbed by excessive noise with the rights of citizens to free expression and to be free from unreasonable governmental regulation. It is the policy of the city to minimize the exposure of citizens to excessive levels of noise, and to promote and preserve the public health, safety, and general welfare. The regulation of noise in this chapter is based on proscribing only conduct that unreasonably disturbs or interferes with the peace, comfort and repose of others.
B. The intent of the city council is to regulate the level of noise in a manner that promotes commerce, the use, value and enjoyment of property, sleep, repose, and the quality of the environment, recognizing that expression associated with sounds must be protected so long as the manner of expression does not unreasonably interfere with the peace, comfort and repose of others.
C. In particular, the city’s historic commercial district is associated with uses and places where music is an important aspect of the district. Such music should reasonably be accommodated, and the intent of this chapter is to place reasonable hour limitations on the playing of music so as to protect against excessive noise that disturbs sleep and that do not unduly burden the playing of music in the historic commercial district.
D. While some cities have based noise regulation on decibel-based measures only, the city council believes that public disturbance noise regulations provides an additional reasonable measure to address excessive noise. As stated by the Washington Court of Appeals in Everett v. O’Brien, 31 Wn. App. 319, 641 P. 2d 714 (1982) (upholding Everett’s ordinance proscribing noise which “unreasonably disturb(s) or interfere(s) with the peace, comfort and repose of owners or possessors of real property”): “Requiring a police officer to promptly appear with a sound-metering device whenever a noise complaint is filed unreasonably restricts the City’s ability to control the level of noise in the community.” Also, as stated by the Court in Everett v. O’Brien: “A person of ordinary understanding is capable of determining when noise from his motorcycle is unreasonably disturbing the peace, comfort, and repose of others. This standard is more helpful than decibel levels to the average citizen in determining whether or not conduct is unlawful.” To the same effect is the Court of Appeals statement in Holland v. City of Tacoma, 90 Wn. App. 533, 954 P. 2d 290 (1998) (upholding against constitutional challenge Tacoma’s ordinance which prohibited the playing of car sound systems at a volume that would be “audible” at a distance greater than 50 feet): “This ordinance has clear guidelines. A person of ordinary intelligence knows what it means for sound to be ‘audible’ at more than 50 feet.”
E. With the exception of sound from motor vehicle sound systems audible at a distance greater than 50 feet, the intent of this chapter is to require notice to the person making or responsible for allowing public disturbance noise or noise in violation of decibel levels warning that continued making of such noise is unlawful, and violations of noise regulations in this chapter should occur only when a person intentionally refuses to cease the disturbing noise after having been requested to do so by a law enforcement officer. (Ord. 2831 § 1, 2003).
9.09.015 Noise violation.
A noise violation can occur based either on creating noise in excess of the limits established by Chapter 173-60 WAC, Maximum Environmental Noise Levels, as adopted by this chapter, or creating a “public disturbance noise” as defined in this chapter. (Ord. 2831 § 1, 2003).
9.09.020 Washington Administrative Code adopted.
There is adopted for the city, as part of the Port Townsend Municipal Code, the following: Chapter 173-60 WAC, Maximum Environmental Noise Levels, specifically and including WAC 173-60-040, Maximum permissible noise levels, except:
A. The following sections, subsections, and portions of Chapter 173-60 WAC are not adopted:
1. WAC 173-60-060, Nuisance regulations not prohibited.
2. WAC 173-60-070, Reserved.
3. WAC 173-60-100, Appeals.
4. WAC 173-60-110, Cooperation with local government.
5. WAC 173-60-120, Effective date.
6. WAC 173-60-030(3), relating to areas not covered by local zoning ordinance, and WAC 173-60-030(4), relating to the State Department of Ecology allowing special designation on certain lands.
7. WAC 173-60-050(1)(a), relating to sounds originating from residential property relating to temporary projects. (See PTMC 9.09.040(C).)
8. WAC 173-60-050(3), relating to sounds originating from temporary construction sites. (See PTMC 9.09.040(B).)
9. WAC 173-60-050(4)(k), relating to exemption for unamplified human voices.
10. WAC 173-60-050(6), relating to the State Department of Ecology requiring installation of best available noise technology.
11. WAC 173-60-080, Variances and implementation schedules. (See PTMC 9.09.045, Variances.)
12. WAC 173-60-050, Exemptions. (See PTMC 9.09.040, Exemptions and special provisions.)
B. The following sections, subsections, and portions of Chapter 173-60 WAC are adopted as modified by the following:
1. Strike “pursuant to RCW 70.107.050” in last sentence of WAC 173-60-090 relating to enforcement.
2. Delete last sentence in WAC 173-60-010 which reads: “Vessels, as defined in RCW 88.12.010(21) and regulated for noise under chapter 88.12 (regulation of recreational vessels), shall be exempt from chapter 173-60.”
3. Change WAC 173-60-020, Definitions, to read: “Sound level meter means a sound level measuring device which measures sound pressure levels and conforms to Type I or Type II as specified in the American National Standards Institute Specifications S1.4 – 1983.”
C. In WAC 173-60-030(2), reference to “areas” means the following:
1. “Residential zones” means residential zoning districts;
2. “Commercial zones” means commercial and mixed use zoning districts; and
3. “Industrial zones” means all zoning districts of the city which are not set forth above, namely, zoning districts other than residential zoning districts, commercial zoning districts, or mixed use zoning districts.
D. “Department” refers to the city police department.
E. “Director” refers to ten police chief or designee, who shall have the authority to administer the provisions of this chapter, with the exception of PTMC 9.09.045, Variances, which shall be under the authority of the city manager or designee.
F. “Chapter” refers to the chapter created by this noise ordinance.
G. One copy of Chapter 173-60 WAC, Maximum Environmental Noise Levels, shall be kept by the city clerk on file for use and examination by members of the public. (Ord. 2831 § 1, 2003).
9.09.030 Public disturbance noise prohibited.
A. Definition. For purposes of this chapter, “public disturbance noise” is any sound or sounds that is or are of such loudness, frequency, or duration so as to unreasonably disturb or interfere with the peace, comfort and repose of one or more persons of average sensitivities. A sound meter reading is not necessary to establish that a “public disturbance noise” exists.
B. Prohibition – General. Except as provided in this chapter (see PTMC 9.09.040, Exemptions and special provisions), it is unlawful for any person to knowingly cause or make, or for any person in possession of property, including a motor vehicle, knowingly to allow to originate from the property or vehicle sound that is a “public disturbance noise.”
C. Prohibition – Specific. Except as provided in this chapter (see PTMC 9.09.040, Exemptions and special provisions), creation of the following sounds so as to unreasonably disturb or interfere with the peace, comfort, and repose of one or more persons of average sensitivities are determined to be public disturbance noises. The list is not exclusive of other sounds that constitute public disturbance noise, or noises that are otherwise prohibited by law.
1. The frequent, repetitive or continuous sounding of any horn, siren, or car alarm attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law.
2. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within or audible within a residential district established pursuant to the city of Port Townsend zoning code.
3. Loud and frequent, repetitive or intermittently continuous sounds made by the human voice or voices.
4. The creation of loud and frequent, repetitive or intermittently continuous sounds, including temporary projects for the maintenance of or repair of homes, grounds, and including but not limited to sounds from lawnmowers, powered hand tools, snow removal equipment and composters, which emanate from any building, structure or property within a residential district established pursuant to the city of Port Townsend zoning code.
5. The creation of loud and frequent, repetitive or intermittently continuous sounds made by the use of a musical instrument, sound amplifier, or other device or combination of devices, capable of producing or reproducing sound.
6. The creation of loud and frequent, repetitive or intermittently continuous sounds from any sound system, such as radios, compact disc players, or tape players.
7. The use of a sound amplifier or other device capable of producing or reproducing amplified sound upon public streets for the purpose of commercial advertising, sales, or attracting the attention of the public to any person, group of persons, vehicle, structure, or property, except as permitted by law.
8. The frequent, repetitive or intermittently continuous sounds made by any animal, owned by or in the possession of a person, including but not limited to, barking, howling, yelping, or whining. Animal noise defined in this section is hereby declared to be a public nuisance, and is subject to abatement procedures, seizure and impoundment, as prescribed by law.
9. Frequent or repetitive sounding of false car alarm.
D. Noise from Moving Vehicle. The playing, using, operating or permitting to be played or used or operated of any sound system from a moving motor vehicle, such as radios, compact disc players, or tape players, operated at a volume as to be audible at distances greater than 50 feet from the location of the vehicle is a “public disturbance noise.” The 50-foot requirement does not apply to a motor vehicle that is standing or stopped.
The intent of this section is that it is a violation of this chapter regulating noise if a sound system from a moving vehicle is audible at a distance of 50 feet. As provided by PTMC 9.09.050(B), Enforcement, it is not required that a citizen complaint be made concerning the noise and from a moving vehicle the police officer is not required to give a written warning before a citation is issued. The reason to allow the police to take prompt action concerning a moving vehicle is precisely because the vehicle is moving and prompt action is necessary to alleviate the situation. By the time a citizen makes a complaint, the vehicle has moved on somewhere else.
The last sentence of this section means that it is a violation of the noise ordinance for a nonmoving vehicle (one that is standing or parked) to make loud noise, without reference to whether it is audible for a distance of 50 feet. The operator of a vehicle that is stopped or standing can only receive a citation if a citizen first complains, and the operator does not cease the noise after a written warning from a police officer. A parked vehicle is like any other noise source. There must first be a citizen complaint and a written warning before a citation issues. Also, it wouldn’t make sense to allow a vehicle to be parked outside a house or business at a distance less than 50 feet and generate loud noise that unreasonably offends the property owner. In that situation, the property owner could complain and the police could respond and give the car operator a warning. (Ord. 2831 § 1, 2003).
9.09.040 Exemptions and special provisions.
A. The following sounds are exempt from the provisions of this chapter at all times and all locations:
1. Sounds originating from:
a. Officially sanctioned events to which the general public is solicited to attend without charge, including, but not limited to, parades, festivals, or carnivals, for which a permit from the city has been issued;
b. Sounds originating from officially sanctioned civic or park events;
c. League or school sponsored events, including, but not limited to, athletic events and band practice;
d. Entertainment pursuant to a permit issued by the city for a special event, temporary use, or assembly.
2. Animal noise that originates from lawfully operated animal shelters, kennels, pet shops or veterinary clinics.
3. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC.
4. Sounds originating from aircraft in flight.
5. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes, and carillons.
6. Sounds created by safety and protective devices.
7. Sounds created by emergency equipment and work necessary in the interests of law enforcement or for health safety or welfare of the community.
8. Sounds originating from motor vehicle racing events at existing authorized facilities.
9. Noise from electrical substations and existing stationary equipment used in the conveyance of water and wastewater by a utility.
10. Sounds created by the installation or repair of essential utility services or work necessary to protect the public health, safety, and welfare.
11. Vessels regulated for noise under Chapter 79A.60 RCW, Regulation of recreational vessels.
B. The following sound shall be exempt from the provisions of this chapter between the hours of:
• 7:00 a.m. and 7:00 p.m. on weekdays (other than holidays); and
• 9:00 a.m. and 7:00 p.m. on weekends and holidays. “Holidays” are legal holidays as defined by RCW 1.16.050.
1. Sound created by construction activity or equipment, including special construction vehicles (such being any vehicle which is designed and used primarily for grading, paving, earthmoving, and other construction work), and emanating from temporary construction sites; provided, however, that:
a. A city construction permit, where required, shall have been issued prior to such construction, and further, the terms of the permit may limit the hours of construction work on commercial and multifamily projects near residential districts to 7:00 a.m. and 6:00 p.m. on weekdays (other than holidays); or
b. Construction work permitted within city rights-of-way be consistent with the hours specified in the Engineering Design Standards Manual (i.e., prohibited on weekends and holidays with limited exceptions).
2. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds or appurtenances, such as created by powered or hand-operated equipment, lawnmowers, powered hand tools, hammers, saws, snow removal equipment and composters or composting equipment.
C. Within the historic commercial district (C-III) established pursuant to the city of Port Townsend zoning code, the following sounds shall be exempt from the provisions of this chapter between the hours of 7:00 a.m. and 1:00 a.m.:
Sounds made by the human voice or voices, or use of a musical instrument, sound amplifier, or other device or combination of devices, capable of producing or reproducing sound, which emanate from any building or structure within the historic commercial district established pursuant to the city of Port Townsend zoning code.
D. Within property zoned M-II(A) (Boat Haven) and M-II(B) (Point Hudson), sound from work done on or associated with recreational, commercial and industrial vessels, floats, barges, or marine-related works projects, and from commercial and industrial businesses, between the hours of:
• Monday through Saturday, between the hours of 7:00 a.m. and 10:00 p.m.; and
• Sunday and holidays, between the hours of 8:00 a.m. and 6:00 p.m. “Holidays” are legal holidays as defined by RCW 1.16.050;
are exempt from enforcement as provided by the city-port memorandum of agreement dated June 3, 2003 (“city-port MOA”).
The city agrees that it will not enforce the city’s noise ordinance, under either the public disturbance or WAC maximum environmental noise level provisions, for one year after the ordinance is adopted with regard to the above activity within property zoned M-II(A) (Boat Haven) and M-II(B) (Point Hudson). After that time, the noise ordinance will be enforced only if the city-port MOA is terminated.
A copy of the city-port MOA shall be available for public viewing or copying during business hours at the city clerk’s office and the Port of Port Townsend administrative office. (Ord. 3035 § 1, 2010; Ord. 2831 § 1, 2003).
9.09.045 Variances.
A. Application for a variance shall be submitted to the city manager, or designee, on forms provided by the city manager.
B. Under appropriate circumstances, the city manager is authorized to issue a variance from the requirements stated in this chapter. “Appropriate circumstances” for waiving the requirements of this chapter include, but are not limited to, the following:
1. The activity is planned for a limited duration of time and will have nominal impacts upon public health and welfare;
2. The activity is sponsored in whole or in part by the city of Port Townsend or another governmental entity, and all considerations addressed in this chapter are sufficiently addressed through the city’s internal review procedures;
3. The activity is otherwise sufficiently regulated in other chapters of the Port Townsend Municipal Code;
4. In the judgment of the city manager, the public will derive substantial benefits from the activity, such as tourism promotion, or the promotion of economic development, and in the balance, the activity will have nominal impacts upon public health and welfare; or
5. Special circumstances rendering compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source, or because of nonavailability of feasible technology or control methods.
C. The city manager may prescribe appropriate conditions and safeguards, and may condition issuance of a variance on an agreement setting forth conditions, safeguards and assurances.
D. No variance shall be issued for a period longer than 30 days except upon due notice to the public with opportunity to comment. Public hearings may be held, when substantial public interest is shown, in the discretion of the manager. (Ord. 2831 § 1, 2003).
9.09.050 Enforcement.
A. Except as provided in subsection B of this section, before any notice of infraction, or arrest/criminal citation or criminal complaint shall be issued or occur:
1. A law enforcement officer shall have received a citizen’s complaint, which may be oral or written.
2. A law enforcement officer shall issue a warning notice advising the person making or causing a noise violation, or person owning or in possession of property who knowingly allows a noise violation to originate from the property, to cease the noise violation, and that failure to comply is a violation of this chapter and subjects the person to notice of infraction or arrest/criminal citation.
A person who has been advised as provided in this section, and thereafter within a 24-hour period causes or makes a noise violation, need not be advised a second time to cease, and may be issued a notice of infraction or be subject to arrest/criminal citation or complaint for making or allowing a noise violation. A person who, within a 24-hour period, has been issued a notice of infraction or was arrested or issued a criminal citation or complaint for making or allowing a noise violation, need not be given another warning that they are in violation of this chapter before being issued a notice of infraction or becoming subject to arrest or issuance of a criminal citation or complaint for making or allowing a noise violation. A person who has been advised as provided in this section three or more times within a 12-month time period need not be given another warning that they are in violation of this chapter before being issued a notice of infraction.
B. The enforcement procedures in this section do not apply to the following:
The playing, using, operating or permitting to be played or used or operated of any sound system from a motor vehicle, such as radios, compact disc players, or tape players, operated at a volume as to be audible at distances greater than 50 feet from the location of the vehicle (prohibited by PTMC 9.09.030(D)). (Ord. 2831 § 1, 2003).
9.09.060 Penalty.
A. Any person found to be in violation of the provisions of this chapter shall be deemed to have committed a civil infraction as established in Chapter 7.80 RCW, and subject to the procedures set forth in Chapter 7.80 RCW and applicable court rules.
The penalty for a first violation shall be $66.00. The penalty for a second violation of this chapter within a one-year period shall be $114.00. The penalty for a third violation of this chapter within a one-year period shall be $209.00. The penalties may be reduced, suspended or deferred in the discretion of the court.
A notice of voluntary resolution procedures provided in Chapter 2.82 PTMC, Dispute Resolution Program, shall accompany the notice of infraction.
The court may direct any person who has received a notice of infraction or citation/complaint to participate in voluntary resolution of the matter causing the notice of infraction or citation/complaint to be issued, through the procedures provided in Chapter 2.82 PTMC, Dispute Resolution Program. If the court determines voluntary resolution has occurred, then the court shall take that into account in determining a proper order, and the court may waive, reduce, or suspend any finding or monetary penalty based on voluntary resolution.
A separate violation exists if, after a person is issued a citation, a person continues, renews, resumes, or makes or allows a noise violation, notwithstanding the second noise violation is within the same day, or arises from the same type of conduct that caused the first citation to issue.
B. Where a person has been found to have committed the same offense in violation of this chapter three or more times in a one-year period, a subsequent charge brought within one year of the last adjudication constitutes a misdemeanor punishable, as provided by PTMC 9.02.130, by a fine of not more than $1,000 or by imprisonment in a jail for not more than 90 days, or by both such fine and imprisonment.
C. Any person charged with a civil infraction under the provisions of this chapter shall respond to the notice of infraction in the manner set forth in Chapter 7.80 RCW, which is adopted for the city. A notice of infraction may be issued by the chief of police or the chief’s appointed officers or by a specially commissioned police officer. “Law enforcement officer” in this chapter includes any specially commissioned police officer. (Ord. 2831 § 1, 2003).
9.09.070 Clerk to maintain copy of adopted statute and regulation.
The city clerk shall maintain a copy of Chapter 173-60 WAC, Maximum Environmental Noise Levels, and Chapter 7.80 RCW for public inspection and use. (Ord. 2831 § 1, 2003).
9.09.080 Public nuisance.
Violation of this chapter shall constitute a nuisance. Nothing in this chapter shall preclude the city from abating or taking any action concerning nuisances, whether defined in this chapter or otherwise, by any legal means. (Ord. 2831 § 1, 2003).