Chapter 9.20
PUBLIC DISTURBANCE NOISE
Sections:
9.20.010 Declaration of policy.
9.20.030 Finding of special conditions.
9.20.040 Public disturbance noise.
9.20.050 Sound level measurement requirements.
9.20.070 Violation—Misdemeanor—Penalty.
9.20.080 Violation—Civil infraction—Penalty.
9.20.010 Declaration of policy.
It is the policy of Adams County to minimize the exposure of citizens to the physiological and psychological dangers of excessive noise and to protect, promote and preserve the health, safety and welfare of the general public. It is the express intent of the county 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. The county recognizes the preferred position of the guarantees of freedom of speech in our society. If those guarantees are to be truly effective, it is necessary that each citizen tolerate unwelcome speech and ideas. Without that, the guarantees of free speech cannot serve their critical role of fostering the exchange of ideas. The county also recognizes the vital role of the right to privacy, the right to be left alone, in an increasingly clamorous world. Nowhere is that more insistent than in the sanctuary of the home and upon one’s real property.
Sound is a principal medium of communication. By its nature, however, it is a potentially intrusive medium to those who do not wish to hear the specific noise or message. The purpose of this chapter is to protect to the greatest extent possible both the right of free speech and the right to privacy within the home and upon real property. The purpose is to guarantee ample channels of communication for ideas, whether welcome or unwelcome by recipients, yet also to secure the private property as a refuge from unwelcome noise. (Ord. O-01-14 § 1, 2014)
9.20.020 Definitions.
“Motorized vehicle” means any self-propelled motor vehicle that has the ability to transport a person over land while operating the vehicle. (Ord. O-01-14 § 2, 2014)
9.20.030 Finding of special conditions.
The Adams County sheriff and the Adams County board of commissioners are apprised of numerous citizen complaints regarding specialized noise occurrences, such as the playing of amplified music, the reproduction of amplified speech, the operating of motorized vehicles, and the running of either gas or diesel powered generators or other engines at such volume and duration as to unreasonably disturb and interfere with the peace, comfort and repose of others. Such noises constitute a public disturbance. These noise occurrences adversely affect the public health and welfare, the value of property, the quality of the environment and constitute special conditions within the county which make necessary any and all differences between this chapter and regulations adopted by the Department of Ecology. (Ord. O-01-14 § 3, 2014)
9.20.040 Public disturbance noise.
It is unlawful for any person willfully to cause, or any person in possession of property willfully to allow originating from the property, any sound which:
A. Is caused by the operation of a motorized vehicle upon property, other than a public roadway/right-of-way, that exceeds seventy dBA between the hours of seven a.m. and ten p.m. and fifty-five dBA between the hours of ten p.m. and seven a.m., measured at any adjacent parcel or public right-of-way; or
B. Is caused by the operation of any device designed for sound production or reproduction, such as but not limited to radios, televisions, musical instruments, phonographs, stereos and loudspeakers, that exceeds seventy dBA between the hours of seven a.m. and ten p.m. and fifty-five dBA between the hours of ten p.m. and seven a.m., measured at any adjacent parcel or public right-of-way; or
C. Is caused by the operation of either a gas or diesel powered generator, or other engine, that exceeds seventy dBA between the hours of seven a.m. and ten p.m. and fifty-five dBA between the hours of ten p.m. and seven a.m., measured at any adjacent parcel or public right-of-way; or
D. Is caused by any noise source described in subsections A, B and C of this section which unreasonably disturbs or interferes with the peace, comfort and repose of owners or possessors of real property determined at any point on the affected property.
For purposes of this chapter, noise complaints may only be initiated by a person who resides or owns the property in the area affected by the noise complaint. (Ord. O-01-14 § 4, 2014)
9.20.050 Sound level measurement requirements.
For the purposes of this chapter, sound measurements shall be conducted in accordance with sound level measurement procedures provided by the state of Washington, Department of Ecology, WAC Chapter 173-58. (Ord. O-01-14 § 5, 2014)
9.20.060 Exemptions.
The following sounds are exempt from the provisions of this chapter:
A. Sounds created by fire alarms;
B. Sounds created by emergency equipment and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community;
C. Sounds created by off-highway vehicles while being used in officially designated off-road vehicle parks;
D. Sounds created by warning devices not operated continuously for more than thirty minutes per incident;
E. Sounds created by yard maintenance equipment utilized for yard maintenance purposes between the hours of seven a.m. and ten p.m.;
F. Sounds created by uses or activities for which required federal, state and/or local governmental approval has been obtained;
G. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances between the hours of seven a.m. and ten p.m.;
H. Sounds originating from temporary construction sites as a result of construction activities between the hours of seven a.m. and ten p.m.;
I. Sounds created by the use of a generator during power outages;
J. Sounds from customary agricultural activities;
K. Sounds created by the installation or repair of essential utility services;
L. Sounds from the combined activities of starting, servicing, idling, revving or testing motorized vehicles unrelated to use of the vehicle for the purpose of ingress and egress as provided in subsection M of this section;
M. The operation of motorized vehicles for the purpose of ingress and egress to the property, including idling a vehicle to warm the engine prior to departure from property. This is limited to what is customary for a reasonably prudent resident of Adams County. However, for purposes of warming-up a vehicle, idling is limited to ten minutes for all vehicles except commercial diesel vehicles which are limited to twenty minutes. (Ord. O-01-14 § 6, 2014)
9.20.070 Violation—Misdemeanor—Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the Adams County jail for a period of not more than ninety days, or by a fine of not more than one thousand dollars, or by both such imprisonment and fine. (Ord. O-01-14 § 7, 2014)
9.20.080 Violation—Civil infraction—Penalty.
A. In addition to, or as an alternative to, those provisions set forth in Section 9.20.070, a violation of any of the provisions of this chapter shall constitute a civil infraction, subject to a monetary penalty in the amount of one hundred dollars per day for each violation. Each such violation shall be a separate and distinct offense, and in case of a continuing violation, each day’s continuance shall be a separate and distinct violation.
B. The procedures for issuance of a notice of infraction, hearings, assessment and payment of monetary penalties shall be in accordance with the provisions of RCW Chapter 7.80. Hearings on notices of infractions issued pursuant to this section shall be held in Adams County district court. (Ord. O-01-14 § 8, 2014)
9.20.090 Review hearing.
The board of Adams County commissioners shall, within one calendar year of the effective date of the ordinance codified in this chapter, set a review hearing for public comment and inquiry. The purpose of said hearing will be to review enforcement operations, to consider public comment regarding the effectiveness of this chapter, and to consider any amendments hereto which would be proper at such time. (Ord. O-01-14 § 9, 2014)