Chapter 9.38
NOISE REGULATION

Sections:

9.38.005    Declaration of policy.

9.38.010    Maximum environmental noise levels.

9.38.020    Public disturbance noise prohibited.

9.38.030    Exemptions.

9.38.040    Designation of zoned areas.

9.38.050    Exceptions.

9.38.060    Enforcement.

9.38.070    Violations.

9.38.080    Chapter additional to other law.

9.38.090    Severability.

9.38.005 Declaration of policy.

It is hereby declared to be the policy of the city of West Richland to minimize the exposure of citizens to the harmful and annoying effects of excessive noise. It is the express intent of the city council to control the level of noise in a manner which promotes commerce; the use, value, and enjoyment of property; sleep and repose; and the quality of the environment. [Ord. 17-95 § 1, 1995; Ord. 10-95 § 1, 1995].

9.38.010 Maximum environmental noise levels.

WAC 173-60-020, 173-60-040, 173-60-050, and 173-60-090 and all future amendments thereto, unless specifically exempted within this chapter, are hereby adopted by reference. [Ord. 17-95 § 1, 1995; Ord. 10-95 § 1, 1995].

9.38.020 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 noise” means:

A. Any sound which is specifically included in, but not limited to, those listed in subsection C or D of this section;

B. Any sound that unreasonably disturbs or interferes with the peace, comfort, and repose of owners or occupants of real property and causes a noise complaint to be reported by two or more persons occupying separate residences neither of which residence is within the same property boundary;

C. Any sound which occurs between 10:00 p.m. in the evening and 6:00 a.m. the following morning and shall include, but not be limited to, the following:

1. Any sound made by the construction, excavation, repair, demolition, destruction, or alteration of any building, property or upon any building site.

2. Frequent, repetitive or continuous sound made by any animal which emanates from a building, structure, or property and is received within a residential zone.

3. Any sound made by the discharge of exhaust gases from an internal combustion engine except through a muffler.

4. Any sound made by the operation of any motorcycle, motorbike, off-road or all-terrain vehicle in the city on any property not a part of the public street system when such motorcycle, motorbike, off-road or all-terrain vehicle does not conform to muffler standards required for the operation on the public streets when such sound is received within the residential district.

5. Any 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 event.

6. Any sound which is audible at any school, other 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;

D. Any sound in a residential zone made at any time by using, operating, playing or permitting to be used, operated or played, any amplification device or equipment, including, but not limited to, radios, musical instruments, phonographs, tape players, CD players or recorders, sound amplification systems or other machines or devices used for producing or reproducing sound at any time with volume louder than is audible by the owners or occupiers of dwelling units within such residential zone, where said owners or occupiers of the dwelling units are within such dwelling units, and where such dwelling units are not attached to another building or dwelling unit from which the sound emanates;

E. The specified sounds enumerated in subsections C and D of this section are also subject to regulation under the provisions of WRMC 9.38.010. [Ord. 17-95 § 1, 1995; Ord. 10-95 § 1, 1995].

9.38.030 Exemptions.

The following shall be exempt from the provisions of WRMC 9.38.020:

A. Noise from existing industrial installations which, over the previous two-year period, have operated in excess of 16 hours per day and which noise is a consequence of process necessity and/or demonstrated routine normal operations.

B. Noises originating from silvicultural/forestry activity or on-farm agricultural activities.

C. Noises created by emergency equipment operated by, including but not limited to, law enforcement, fire department, public works or medical emergency personnel.

D. Noises from solid waste collection from single-family residences, multifamily complexes and mixed-use buildings between the hours of 6:00 a.m. to 6:00 p.m., Monday through Friday.

E. Noises from solid waste collection from commercial customers (excluding customers located within a mixed-use building) daily between the hours of 5:00 a.m. to 6:00 p.m., with the exception of those commercial customers located near single-family residences, multifamily complexes and mixed-use buildings, which solid waste collection shall be made only between the hours of 6:00 a.m. to 6:00 p.m., Monday through Friday. The public works director or designee shall give solid waste contractor written notice of which commercial customers are located near single-family residences, multifamily complexes and mixed-use buildings that shall be subject to residential collection hours. [Ord. 2-18 § 1, 2018; Ord. 21-95 § 1, 1995; Ord. 17-95 § 1, 1995; Ord. 10-95 § 1, 1995].

9.38.040 Designation of zoned areas.

The EDNA (environmental designation of noise abatement) is hereby established as follows:

A. Residential zones, and mobile home parks use districts: Class A EDNA.

B. Commercial use districts, neighborhood business districts, and professional office districts: Class B EDNA.

C. Industrial zones, agricultural use districts, floodplain zones, and public reserve: Class C EDNA. [Ord. 17-95 § 1, 1995; Ord. 10-95 § 1, 1995].

9.38.050 Exceptions.

A. Per WRMC 8.04.070, the public works director or designee may grant a temporary exception to the requirements of WRMC 9.38.020 and 9.38.030 to allow the solid waste contractor to make solid waste collections outside the normal hours and/or days of operation for make-up collections, holidays, and inclement weather, on an as-needed basis.

B. All other requests for exceptions shall be made in writing to the community development department a minimum of 45 days prior to the requested exception’s effective date along with payment of the noise exception administrative fee per the city’s master fee schedule. The city community development department may require additional information from the applicant to evaluate the requested exception. The community development director or designee shall make a recommendation for approval, with or without conditions, or denial of the requested exception to the city council. The community development director or designee shall provide public notice of the requested noise exception by mailing notice to property owners within 600 feet of the subject parcel (as shown by the records of Benton County assessor’s office), posting notice on or near property, and by posting notice either on the official city website or at the official posting places set forth pursuant to WRMC 1.12.010. The posting and mailing of the public notice required under this subsection shall be at least 21 days prior to any public hearing on the exception. The city council shall then make a final determination of approval, with or without conditions, or denial of a requested exception following a public hearing.

1. City council may grant an exception from any requirements of WRMC 9.38.020 if findings are made that any such exceptions are in the public interest and that the proposed activity will have a substantial public participation; i.e., festivals, parades, and other community celebrations.

2. City council may grant an exception from any requirements of WRMC 9.38.020 if findings are made that extraordinary circumstances and overriding considerations of public interest dictate the issuance of an exception.

3. City council may grant an exception from any requirements of WRMC 9.38.020 if findings are made that immediate compliance with such requirement cannot be achieved because special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon existing noise source or because of non-availability of feasible technology or control methods. Any such exceptions or renewal thereof shall be granted only for the minimum time period found to be necessary under the circumstances and an implementation schedule for achieving compliance with this chapter shall be incorporated into any exception from WRMC 9.38.020 that is issued. [Ord. 2-18 § 2, 2018; Ord. 17-95 § 1, 1995; Ord. 10-95 § 1, 1995].

9.38.060 Enforcement.

Noise measurement is not necessary for the enforcement of WRMC 9.38.020. If noise measurement for the purpose of enforcing the provisions of any section of this chapter is used, it shall be measured in dBA with a sound level meter in good operating condition, and properly calibrated. Except for parks and recreation areas, enforcement of WRMC 9.38.010 and 9.38.020 shall be undertaken upon receipt of complaints by two or more persons occupying separate residences or employed on separate properties in the area affected by the noise complained of. Whenever any police officer commissioned by the city of West Richland or the code enforcement officer of the city has reason to believe that any person is in violation of WRMC 9.38.010 or 9.38.020, he shall, before the issuance of a citation, notify such person of the violation and request compliance with this chapter. Failure of any person to cease after notification thereof of any violation of WRMC 9.38.020 shall be cause for the issuance of a citation. [Ord. 17-95 § 1, 1995; Ord. 10-95 § 1, 1995].

9.38.070 Violations.

Any person found to be in violation of the provisions of WRMC 9.38.010 or 9.38.020 shall be deemed to have committed a civil infraction, and for each violation shall be subject to a civil penalty not to exceed $500.00; provided, however, that the third or subsequent violation of any provision of WRMC 9.38.010 or 9.38.020 with a 12-month period shall be deemed a misdemeanor, subject to the penalties set forth in WRMC 9.04.030. Each day that the violation continues shall be deemed a separate violation subject to the maximum penalty thereof. [Ord. 17-95 § 1, 1995; Ord. 10-95 § 1, 1995].

9.38.080 Chapter additional to other law.

The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other claim, cause of action or remedy; nor, unless specifically provided, shall 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. 17-95 § 1, 1995; Ord. 10-95 § 1, 1995].

9.38.090 Severability.

If any section, part of section, sentence, clause or phrase of this chapter shall be held to be unconstitutional or invalid, the remaining provisions of this chapter shall nevertheless remain in full force and effect. [Ord. 21-95 § 1, 1995; Ord. 17-95 § 1, 1995; Ord. 10-95 § 1, 1995].