Chapter 8.26
NOISE
Sections:
8.26.020 Public disturbance noise.
8.26.030 Maximum permissible environmental noise levels.
8.26.040 Motor vehicle noise performance standards.
8.26.090 Violation-Penalty Enforcement.
8.26.100 Chapter additional to other law.
8.26.010 Definitions.
As used in this chapter:
“dB(A)” means the sound pressure level, measured in decibels using the “A” weighing network on a sound level meter. A decibel is a unit of sound, based on a logarithmic scale, of the ratio of the magnitude of a particular sound pressure to a standard reference pressure of twenty micropascals.
“Distribution facilities” means any facility used for distribution of commodities to final consumers, including facilities of utilities that convey water, waste water, natural gas and electricity.
“District” means the land use zones listed in the zoning code, to which the provisions of this chapter are applied. For the purposes of this chapter:
(1) Residential district includes districts zoned for R6, R10, RS15 uses;
(2) Commercial district includes districts zoned for BG, BT, AG, MW uses;
(3) Industrial district includes districts zoned for I, LMFT uses.
“Emergency work” means work required 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 to provide or restore immediately necessary utility service.
“Enforcement officer” means any law enforcement officer commissioned by the city to enforce the provisions of this chapter.
“Equipment” means any stationary or portable device or any part thereof capable of generating sound.
“Existing” means a process, event or activity in an established area, producing sound subject to or exempt from this chapter prior to the effective date of the ordinance codified in this chapter.
“Gross vehicle weight rating (GVWR)” means the value specified by the manufacturer as the loaded weight of a single vehicle.
“Motorcycle” means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, except farm vehicles.
“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. Aircraft, watercraft and vehicles used exclusively on stationary rails or tracts are not motor vehicles as that term is used in this chapter.
“Muffler” means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise resulting therefrom.
“New motor vehicle” means a motor vehicle manufactured after December 31, 1975, whose equitable or legal title has never been transferred to a person who, in good faith, purchases the new motor vehicle for purposes other than resale.
“Noise” means the intensity, duration and character of sounds from any and all sources.
“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.
“Person” means and includes any individual, firm, partnership, corporation and any association of natural persons, or any other entity, public or private.
“Property boundary” means the surveyed line exterior to any enclosed structure 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. The property boundary of multifamily units, including, but not limited to, duplexes, triplexes, apartment houses and condominiums shall include the walls, ceilings and floors of each unit.
“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.
“Receiving property” means real property within which sound originating from a source outside the property is received.
“Sound level” means a weighted sound pressure level measured by use of a sound level meter using an “A” weighted network and reported as dB(A).
“Sound level meter” means a device which measures sound pressure levels and conforms to Type 1, S1A, Type 2, or S2A, as specified in the American National Standards Institute Specification S1.4-1971 as now exists or as hereafter amended or modified.
“Warning device” means any device intended to provide a warning of potentially hazardous, emergency or illegal activities including, but not limited to, a burglar alarm, fire alarm or a vehicle backup signal. (Ord. 1056 § 1, 1991)
8.26.020 Public disturbance noise.
(a) Public Disturbance Noise Defined. “Public disturbance noise” means any sound which:
(1) Endangers or injures the safety or health of humans or animals; or
(2) Endangers or damages personal or real property; or
(3)(A) Annoys, disturbs or perturbs any reasonable person of normal sensitivities; and
(B) Is specifically included in those listed in subsection (b) of this section; and
(C)(i) May be heard or felt within a residence not originating the noise or outdoors at a distance of seventy-five feet or more from the noise source; or (ii) causes a noise complaint to be reported within the time periods set forth in subsection (b) of this section by two or more persons occupying separate residences, neither of which residence is within the same property boundary.
(b) Public Disturbance Noise Prohibited. No person, whether or not that person is in actual possession of the noise source, shall create, continue, or cause to be created or continued, or allow to be created or continued any public disturbance noise. Public disturbance noises shall include the following specific sounds:
(1) Any sound made between the hours of ten p.m. and seven a.m. and which is received during that period in a residential zoned district which is:
(A) Sound made by an unamplified human voice which emanates from a building, structure or property;
(B) Sound made by the construction, excavation, repair, demolition, destruction, or alteration of any building, property, or upon any building site.
(2) Any sound made at any time which is received in a residential zoned district which is:
(A) Electronically amplified sound made by the use of a musical instrument, sound amplifier, jukebox, radio, stereo, cassette player, compact disc player, MP3 player, television, or other similar device which emanates from a building, structure, or property;
(B) Sound made by the use of a sound amplifier, radio, stereo, cassette player, compact disc player, MP3 player, or other similar device which emanates from a motor vehicle.
(3) Any sound made at any time which is received in any district which is:
(A) Sound made by the discharge or exhaust gases from an internal combustion engine except through a muffler;
(B) Sound made by a horn or other similar signaling device attached to a motor vehicle except when reasonably necessary to ensure safe operation as permitted in RCW 46.37.380;
(C) Sound made by a loudspeaker or sound amplifier exterior to any building for commercial advertising or sales purposes or for attracting the attention of the public to any performance, show, or other event.
(4) Sound made at any time which is received at any school, institution of learning, court, hospital, nursing, or convalescent facility, or other area where exceptional quiet is necessary; provided, signs are displayed in adjacent or contiguous streets indicating that the area is a quiet zone.
(c) Provisions Not Exclusive. Sounds which are public disturbance noises under the provisions of subsections (a) and (b) of this section are also subject to regulation under the provisions of Section 8.26.030. (Ord. 1351 § 1, 2002: Ord. 1056 § 2, 1991)
8.26.030 Maximum permissible environmental noise levels.
(a) Except as provided in Sections 8.26.040, 8.26.050 and 8.26.060, no person shall cause or permit noise to intrude into the property of another person which exceeds the permissible noise levels set forth in Table I, with the point of measurement being at the property boundary of the receiving property or anywhere within. When a receiving property lies within more than one district, the maximum permissible noise level shall be determined by the district within which the measurement is made.
|
District of Noise Source |
District of Receiving Property |
||
|---|---|---|---|
|
Residential |
Commercial |
Industrial |
|
|
Residential |
55 dB(A) |
57 dB(A) |
60 dB(A) |
|
Commercial |
57 |
60 |
65 |
|
Industrial |
60 |
65 |
70 |
(b) The maximum permissible noise levels established by this section shall be reduced or increased by the sum of the following:
(1) Between the hours of ten p.m and seven a.m., the noise levels shall be reduced by ten dB(A) for receiving property within residential districts.
(2) At any hour of the day or night, the applicable noise levels may be exceeded for any receiving property by no more than:
(A) Five dB(A) or a total of fifteen minutes in any period of sixty consecutive minutes; or
(B) Ten dB(A) for a total of five minutes in any period of sixty consecutive minutes; or
(C) Fifteen dB(A) for a total of 1.5 minutes in any period of sixty consecutive minutes. (Ord. 1176 § 11, 1996; Ord. 1056 § 3, 1991)
8.26.040 Motor vehicle noise performance standards.
(a) No person shall operate any motor vehicle or any combination of such vehicles upon any public highway under any conditions or grade, load, acceleration or deceleration in such a manner as to exceed the maximum permissible sound levels for the category of vehicle in Table II, as measured under procedures established by the State Commission on Equipment in Chapter 204-56 WAC, “Procedures for Measuring Motor Vehicle Sound Levels.”
|
Maximum Sound Level dB(A) Speed Zones |
||||
|---|---|---|---|---|
|
Vehicle Category Type |
Effective Date |
45 mph (72 kph) or less |
Over 45 mph (72 kph) |
Stationary Test |
|
Motorcycles |
7/1/80 |
78 |
82 |
N/A |
|
Automobiles, light trucks and all other motor vehicles 10,000 pounds (4,536 kg) GVWR or less |
7/1/80 |
72 35 mph 56 (kph) or less |
78 Over 35 mph 56 (kph) |
N/A |
|
All motor vehicles over 10,000 pounds (4,536 kg) GVWR |
6/1/77 |
86 |
90 |
86 |
(b) No person shall operate any motor vehicle upon any public highway if the vehicle exhaust system exceeds the maximum permissible sound levels of Table III for the category and year of vehicle, as measured under procedures established by the State Commission on Equipment in Chapter 204-56 WAC, “Procedures for Measuring Motor Vehicle Sound Levels.”
|
Vehicle Category (type) |
Model Year |
Maximum Sound Level dB(A) |
|---|---|---|
|
Motorcycles |
All |
99 |
|
Automobiles, light trucks and all other motor vehicles 10,000 pounds (4,536 kg) GVWR or less |
All |
95 |
(c) Every motor vehicle operated upon the public highways shall at all times be equipped with an exhaust system and a muffler in good working order and constant operation to prevent excessive or unusual noise.
(d) No person shall operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching, or other such noises from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason, except that noise resulting from emergency braking to avoid imminent danger shall be exempt from this provision. (Ord. 1056 § 4, 1991)
8.26.050 Exemptions.
(a) The following sounds are exempt from the provisions of this chapter at all times:
(1) Sounds caused by natural phenomena;
(2) Sounds originating from aircraft in flight;
(3) Sounds that originate at airports which are directly related to flight operations;
(4) Sounds created by the discharge of firearms in the course of lawful hunting activities;
(5) Sounds created by surface carriers engaged in commerce by railroad;
(6) Sounds created by safety and protective devices where noise suppression would defeat the intent of the device, or is not economically feasible;
(7) Sounds created by fire alarms and warning devices, bells, chimes and carillons not operating continuously for more than five minutes;
(8) Sounds originating from officially sanctioned parades and other such officially sanctioned public events;
(9) Sounds created by equipment used for highway maintenance;
(10) Sounds created by emergency equipment and work necessary in the interest of law enforcement or for the health, safety or welfare of the community;
(11) Sounds originating from existing natural gas transmission and distribution facilities.
However, in circumstances where such sounds impact residential districts and complaints are received, the chief of police may take action to abate such sounds by applying the industrial source limits to the facility as set forth in 8.26.030.
(b) The following is exempt from the provisions of Section 8.26.020 at all times:
Unamplified sounds originating from public parks, playgrounds and recreational areas during times they are open for public use.
(c) The following are exempt from the provisions of Section 8.26.030 between the hours of seven a.m. and ten p.m.
(1) Sounds created by blasting;
(2) Sounds created by equipment used in temporary or periodic maintenance or repair of residential property, including grounds and appurtenances;
(3) Sounds created by the installation or repair of essential utility services;
(d) The following is exempt from the provisions of Section 8.26.030 except when received in a residential district between the hours ten p.m. and seven a.m.:
Sounds originating from temporary construction sites as a result of construction activity.
(e) The following are exempt from the provisions of Section 8.26.030(b)(1):
(1) Sounds from electrical substations and existing stationary equipment used in the conveyance of water, wastewater and natural gas by a utility;
(2) Sounds from existing industrial installations which exceed the standards contained in these regulations and which, over the previous three years, have consistently operated in excess of fifteen hours per day as a consequence of process necessity, and/or demonstrated routine normal operation. Changes in working hours, which would affect exemptions under this regulation, require approval of the chief of police.
(f) The following are exempt from the provisions of Section 8.26.030:
(1) Sounds caused by unamplified human voices;
(2) Sounds created by motor vehicles when regulated by Section 8.26.040. (Ord. 1056 § 5, 1991)
8.26.060 Variances.
(a) Variances may be granted to any person from any requirement of Section 8.26.020 if findings are made that any such variance is in the public interest and that the proposed activity will have a substantial public participation.
(b) Variances may be granted to any person from any requirement of Section 8.26.030 of this chapter if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon existing noise source or because of nonavailability of feasible technology or control methods.
(c) The chief of police is designated as the administrator for the purpose of processing variances to the standards established in this chapter. Variances shall be issued only upon application in writing and after providing such information as may be requested. An application for a variance of a duration less than thirty days may be administratively approved by the chief of police. An application for a variance of a longer duration shall be processed as a Class III action pursuant to the provisions of Chapter 20.08 of this code.
(d) Any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances.
(e) An implementation schedule for achieving compliance with this chapter shall be incorporated into any variance from Section 8.26.030 that is issued.
(f) Sources of noise, subject to this chapter, upon which construction begins after the effective date of the ordinance codified in this chapter shall immediately comply with the requirements of this chapter, except in extraordinary circumstances where overriding considerations of public interest dictate the issuance of a variance. (Ord. 1176 § 12, 1996; Ord. 1056 § 6, 1991)
8.26.070 Compression brakes.
The use of compression brakes, jake brakes or any similar type braking system other than the conventional pedal-activated braking system in conjunction with the operation of a motor vehicle as defined in this chapter shall be prohibited within the Sumas city limits and shall be considered a public disturbance noise as defined in Section 8.26.020 and shall be punished as such in accordance with Section 8.26.090. (Ord. 1064 § l, 1992)
8.26.080 Enforcement.
(a) Noise Measurement Required-Exception. Noise measurement for the purposes of enforcing the provisions of any section of this chapter shall be measured in dB(A) with a sound level meter in good operating condition, and properly calibrated; provided, however, that noise measurement is not necessary for the enforcement of Section 8.26.020.
(b) Complaints Necessary for Enforcement-When.
Enforcement of Sections 8.26.020 and 8.26.030 shall be undertaken only upon receipt of a complaint by an identifiable person who resides, owns property, or is employed in an area affected by the noise complained of.
(c) Procedure for Enforcement of Section 8.26.020.
Upon receipt of a complaint from a person satisfying the requirements of Sections 8.26.020(a)(4) and (5) within the time periods established in Section 8.26.020(b), the procedure for enforcing the provisions of Section 8.26.020 shall be enforced as follows:
(1) Before issuing a warning as provided for in subsection (C)(2) of this section and before issuing a notice of infraction as provided for in subsection (C)(3) of this section, an enforcement officer shall verify that the sound or sounds complained of is or are being received at the residence of the complainant. The opinion of the enforcement officer as to the loudness or objectionability of the sound or sounds is not material in the enforcement of Section 8.26.020, but the opinion of complainants is material.
(2) After verification, an enforcement officer shall then notify a responsible person at the location of the source of the noise complained of and inform that person that a noise complaint has been received and warn that if other complaints are received from persons satisfying the requirements of Sections 8.26.020(a)(4) and (5) and within the applicable time period established in Section 8.26.020(b) that a notice of infraction will be issued to a person responsible for the noise or responsible for the premises from which the noise is coming.
(3) Upon receipt of a second identifiable complaint and any subsequent identifiable complaint within the applicable time period set forth in Section 8.26.020(b) from a person affected by the noise complained of and who satisfies the criteria set forth in Sections 8.26.020(a)(4) and (5), an enforcement officer after verification and without the need for further warnings shall be cause for the issuance of a notice of infraction to the person responsible for the noise or responsible for the premises from which the noise is coming as provided for in subsection (c)(4) of this section.
(4) Each complaint about a previously complained of noise, satisfying the requirements of Sections 8.26.020(a)(4) and (5) that is received within the time periods established in Section 8.26.020(b) but after the issuance of a notice of infraction in accordance with the provisions of subsection (c)(3) of this section shall be cause for:
(A) The issuance of subsequent notices of infraction without the necessity of giving another warning prior to issuing any subsequent notices of infraction. If the noise complained of is the same as that for which the prior notice of infraction was issued and is a sound or sounds described in Section 8.26.020(b)(2), (3) or (4), occurring and reported between the hours of seven a.m. to ten p.m. on any given day.
(B) The issuance of a notice of infraction for failure to comply with the intent of the first notice of infraction without the necessity of giving further warning prior to issuing any original or subsequent notice of infraction for failure to comply, if the noise complained of is the same as that for which the prior notice of infraction was issued and is a sound or sounds described in Section 8.26.020(b)(1), (2), (3) or (4) occurring and reported between the hours of ten p.m. and seven a.m. on the following day.
(d) When enforcing the provisions of Section 8.26.020, an enforcement officer at the time of notifying a person and requesting compliance as set forth in sub section (c) of this section and also at the time of issuing a notice of infraction may request that:
(1) The individual against whom a noise complaint has been received; or
(2) The individual with whom the enforcement officer is speaking at a premises which is the source of a noise complaint; who would reasonably be expected by the enforcement officer to control the source of the noise complaint to identify himself or herself by giving to the enforcement officer his or her true name. An individual failing to provide such identification if requested by the enforcement officer to do so shall be considered to have obstructed the enforcement officer in the performance of the officer’s official duties.
(e) An enforcement officer who by use of the initial inspection procedures of Chapter 204-56 WAC suspects that a motor vehicle may be in violation of the standards of Section 8.26.040 may require the operator to have the vehicle presented for sound level measurement. Measurements of a motor vehicle may be performed for off-road sites to determine compliance with the in-use standards. (Ord. 1056 § 7, 1991)
8.26.090 Violation—Penalty—Enforcement.
(a)(1) Except as otherwise provided herein, any person found to be in violation of the provisions of Section 8.26.020 or 8.26.080(c)(4) shall be deemed to have committed a civil infraction and for each violation shall be subject to a civil penalty not to exceed five hundred dollars.
(2) Except as otherwise provided herein, any person found to be in violation of the provisions of Section 8.26.020(b)(2)(B), 8.26.020(b)(3)(B), or 8.26.040 shall be deemed to have committed a traffic infraction and for each violation shall be subject to a civil penalty not to exceed five hundred dollars.
(b) Any person who fails to comply with the directive to present the vehicle for a sound level measurement as required in Section 8.26.080 of this chapter shall be in violation of Section 8.26.040.
(c) Forfeitures. In lieu of a court appearance, any person charged with having committed a civil or traffic infraction under the provisions of this chapter may forfeit to the Sumas municipal court a penalty in the sum of three hundred dollars.
(d) Every person violating this chapter three or more times within any five-year period will be guilty of a gross misdemeanor and accordingly punished as such. (Ord. 1351 § 2, 2002: Ord. 1056 § 8, 1991)
8.26.100 Chapter additional to other law.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other claim, cause or action or remedy; nor, unless specifically provided, shall it be deemed to repeal or amend or modify any law, ordinance or regulation relating to noise, but shall be deemed additional to existing legislation and common law on noise. (Ord. 1056 § 9, 1991)