Chapter 8.12   NOISE

Sections:


8.12.010   Adoption of state law.

RCW Chapter 70.107, entitled the "Noise Control Act of 1974," together with amendments thereof or additions thereto, is adopted by reference.

(Ord. 310 § 1, 1985)

8.12.020   Copies of act on file.

Not less than three copies of RCW Chapter 70.107, and amendments and additions shall be on file for use and examination by the public in the office of the city clerk-treasurer of the city.

(Ord. 310 § 2, 1985)

8.12.030   Variance.

A.

A variance from the regulations in this chapter may be granted by the city council, after conducting a public hearing as set forth herein. A variance may only be granted if it is necessary to further a public purpose, no reasonable alternatives are available, and it is for the shortest time duration possible in order to accomplish the public purpose.

B.

Prior to commencing any activity that would result in noise that would otherwise violate the conditions of this chapter, Section 8.16.010(Q) or Section 18.80.030, an application shall be made to the city clerk for a noise variance and the variance granted by the city council. The application shall be made on a form provided by the city and signed by the applicant. The applicant shall provide such information as will allow the council to make the findings required in subsection A above. The applicant shall pay the application fee set forth in the city's fee schedule at the time the application is filed.

C.

The city council, before considering a noise variance request, shall conduct a public hearing, provided notice in the same manner is required for a variance from zoning code requirements. The council, after holding the public hearing, may grant, deny or modify the request, and may impose such conditions as it deems necessary to protect the public health, safety and welfare.

D.

If a variance is granted, so long as the noise generated is in compliance with the variance conditions, the noise shall not be considered a violation of Section 8.16.010(Q).

(Ord. 773 § 1, 2004)

8.12.040   Public disturbance noises.

A.

General Prohibition. 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 is a public disturbance noise.

B.

Definition. "Public disturbance noise" means any noise, sound or signal which unreasonably disturbs the comfort, peace, or repose of another person or persons. The following sounds are declared to be public disturbance noises for the purposes of this section:

1.

Frequent, repetitive, or continuous noise made by any animal which unreasonably disturbs or interferes with the peace, comfort, and repose of property owners or possessors, except that such sounds made by animal shelters, or commercial kennels, veterinary hospitals, pet shops, or pet kennels licensed under and in compliance with applicable regulations shall be exempt from this subsection;

2.

The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle except as a warning of danger or specifically permitted or required by law;

3.

The creation of frequent, repetitive, or continuous noise in connection with the starting, operation, repair, maintenance, rebuilding, or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine in any residential or rural area district so as to unreasonably disturb or interfere with the peace, comfort, and repose of owners or possessors of real property;

4.

The use of a sound amplifier or other device capable of producing or reproducing amplified sounds from the property of a business operation which is intended to either attract the attention of the potential customers to the business or to communicate with employees who are at extended portions of the business property, audible to the human ear beyond any perimeter of the subject business property;

5.

The making of any loud and raucous noise within one hundred feet from any school, church, hospital, sanitarium or nursing or convalescent facility which unreasonably interferes with the use of such school, church, hospital, sanitarium or nursing or convalescent facility;

6.

The creation by use of a musical instrument, whistle, sound amplifier, stereo, jukebox, radio, television, or other device capable of reproducing sound and raucous noises which emanate frequently, repetitively, or continuously from any building, structure, or property, such as sounds originating from a band session, tavern operation or commercial sales lot;

7.

Sound from 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 seventy-five feet from the vehicle itself or which causes vibrations to be felt from a distance of greater than seventy-five feet;

8.

Sound from audio equipment, such as loud speakers, amplification equipment, tape players, radios and compact disc players, operated at a volume so as to be audible greater than fifty feet from the source and not operated upon the property of the operator or with the knowledge, permission or consent of the owner or legal occupant of the property, and if operated on the property of the operator or with the knowledge, permission or consent of the owner or legal occupant of the property, than so as to be audible greater than fifty feet from the boundary of the property. For the purposes hereof, any sound, music or other noise emanating from fixed or portable audio equipment of or in a business shall be presumed to be with the knowledge, permission or consent of the owner or legal occupant of the property, which presumption may be rebutted by reasonable evidence to the contrary;

9.

Any other frequent, repetitive, or continuous noise, sound or signal within a residential or rural area district which unreasonably disturbs or interferes with the comfort, peace and repose of owners or possessors of real property.

C.

Exemptions. This section shall not apply to regularly scheduled events at parks, schools or other public property between the hours of eight a.m. and ten-thirty p.m. nor shall it apply to sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds, appurtenances, including but not limited to sounds of lawn mowers, hand power tools, chain saws, snow removal equipment and composters between the hours of seven a.m. and nine p.m. Sounds originating from construction sites, including but not limited to sounds from construction equipment, power tools and hammering between seven a.m. and eight p.m. on weekdays, between eight a.m. and six p.m. on Saturdays, and between nine a.m. and six p.m. on Sundays shall also be exempt. This section shall not apply to any public construction projects, emergency construction or repair by public utility agencies, emergency vehicle operation or actions by emergency service providers or any other emergency repair and construction to prevent further damage to persons or property during floods or windstorms or other property or life-threatening emergencies which may occur.

D.

Violation—Penalty. Violation of the provisions of this section shall be a misdemeanor and penalized as set forth in Section 1.12.010.

(Ord. 826 § 1, 2007)