Chapter 8.30 NOISE CONTROL

Chapter 8.30
NOISE CONTROL

Sections:

8.30.030 Enforcement, violations and penalties.

8.30.010 Purpose.

The purpose of this chapter is to minimize the exposure of citizens to the harmful physiological effects of excessive noise. The intent of the city council is to control the level of noise pollution in a manner which promotes commerce, the use, value and enjoyment of property, sleep and repose and the quality of the environment by declaring certain noise producing activities to be noise disturbances. (Ord. 07-14 § 6, 2014; Ord. 38-99 § 1, 1999).

8.30.020 Public disturbance noises.

(1) 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.

(2) The following sources of sound shall be public disturbance noises:

(a) The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except those from a police, fire or medical emergency vehicle, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property;

(b) 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 a residential district, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property;

(c) Yelling or shouting which is audible on the public streets or public grounds between the hours of 10:00 p.m. and 8:00 a.m. or at any time and place so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property;

(d) The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment or condominium and which unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property, such as sounds from band sessions or social gatherings;

(e) The creation of sound from any motor vehicle audio sound system, operated at a volume so as to be audible at least 50 feet from the source;

(f) The creation of sound from any audio equipment, such as a tape player, radio or compact disc player, television, musical instrument, or similar device, whether portable or stationary, operated at a volume as to be audible at least 50 feet from the source, except that sound created by children practicing musical instruments shall not be a public disturbance noise;

(g) The creation of squealing, screeching or other similar sounds from motor vehicle tires in contact with the ground or other roadway surface because of rapid acceleration, braking or excessive speed around corners or because of such other reason; provided, that sounds which result from actions which are necessary to avoid danger shall be exempt from this section;

(h) The creation of sounds originating from residential real property relating to temporary projects for the maintenance or repair of grounds and appurtenances, including, but not limited to, sounds from lawnmowers, powered hand tools, snow removal equipment and composters, between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and between the hours of 10:00 p.m. and 9:00 a.m. on weekends;

(i) Sounds emanating from construction, pumping or dewatering activity which are audible on residential property; provided, that such sounds shall not constitute a disturbance between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and between the hours of 8:00 a.m. and 8:00 p.m. on weekends. For the purposes of this section, sounds emanating from construction, pumping or dewatering activity shall include, but not be limited to, sounds resulting from the operation of tractors, backhoes, excavators, dump trucks, combustion engine pumps, hammers, drills and saws, except during emergency situations.

(3) The prohibitions set forth in this section shall not apply to a civic event or gathering approved in advance by the city administrator or his/her designee; and provided that the city shall approve the activities and hours of operation for which the noise level shall be exempt. (Ord. 07-14 § 6, 2014; Ord. 01-11 § 1, 2011; Ord. 38-99 § 1, 1999).

8.30.022 Public disturbance noise.

(1) It is unlawful for any person to cause or permit any sound or noise listed in BMC 8.30.020 to intrude into the property of another person which sound or noise exceeds the maximum permissible noise levels set forth below in this section. For purposes of this chapter, and in compliance with Chapter 173-60 WAC, the properties within the city of Buckley are as follows:

(a) Residential zones – Class A EDNA.

(b) Commercial zones – Class B EDNA.

(2) (a) The sound and noise limitations established herein are as set forth in the following table after any applicable adjustments provided herein are applied:

Property Sound or EDNA of Noise Source	EDNA of Receiving Property 7:00 a.m. to 10:00 p.m.
	Class A	Class B	Class C
Class A	55 dBA	57 dBA	60 dBA
Class B	57 dBA	60 dBA	65 dBA
Class C	60 dBA	65 dBA	70 dBA

(b) Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table shall be reduced by 10 dBA for receiving property within Class A EDNAs.

(c) At any hour of the day or night the applicable noise limitations in subsection (2)(a) of this section may be exceeded for any receiving property by no more than:

(i) Five dBA for a total of 15 minutes in any one-hour period; or

(ii) Ten dBA for a total of five minutes in any one-hour period; or

(iii) Fifteen dBA for a total of one and one-half minutes in any one-hour period.

For purposes of this chapter, enforcement shall be undertaken by a person with city delegated authority with respect to violations. For enforcement purposes, each day, defined as the 24-hour period beginning at 12:01 a.m., in which violation of the public disturbance noise regulations in this chapter occurs shall constitute a separate violation. (Ord. 08-18 § 1, 2018).

8.30.026 Exceptions from prohibitions.

None of the terms or prohibitions of this chapter shall apply or be enforced against:

(1) Any vehicle of the city while engaged in necessary public business;

(2) Excavations or repairs of bridges, dams, streets or highways by or on behalf of the city, Pierce County, federal or state government during the night season when the public welfare and convenience render it impossible to perform such work during the day;

(3) The reasonable use of amplifiers or loudspeakers in the course of public addresses or public events at reasonable times and reasonable hours; provided, that no amplifier or loudspeaker shall be used in any area of the city except from 12:00 noon through 10:30 p.m., and that such public addresses by use of loudspeakers or amplifier shall not be used for more than three hours of continuous operation in any one location;

(4) Sound created by emergency equipment and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community or individuals of the community, or to restore property to a safe condition following a public calamity;

(5) Sounds originating from officially sanctioned parades and other public events, including officially sanctioned fireworks displays;

(6) Sounds, including sounds created by sound amplification equipment, emanating from any event or activity for which a special use permit has been issued by the city in which case the provisions of the special use permit shall control. The city shall retain the authority to approve with conditions or deny special use permits at its sole discretion;

(7) Sounds that are the result of agricultural activities;

(8) Public works projects and other projects within the public rights-of-way for which the city council determines that the public benefit of night-time construction outweighs the short-term impacts of such construction. (Ord. 08-18 § 2, 2018).

8.30.030 Enforcement, violations and penalties.

Any person violating or failing to comply with any of the provisions of this title shall be subject to enforcement, violations and/or penalty provisions of Chapter 1.12 BMC. Except that any person who violates the provisions of this chapter shall be subject to a civil penalty of up to $250.00; provided, that the penalty for a second or subsequent violation within a two-year period shall be a civil penalty of up to $500.00; provided, however, that if the same violator is found, in any forums, to have committed violations hereof three or more separate times occurring at the same location within the same 12-month period, any further violation shall constitute a misdemeanor, punishable as provided in BMC 1.04.020. (Ord. 07-14 § 6, 2014; Ord. 38-99 § 1, 1999).