Chapter 8.14
NOISE ABATEMENT AND CONTROL
Sections:
8.14.030 Identification of environments.
8.14.040 Maximum permissible environmental noise levels.
8.14.060 Sound amplification at events and activities.
8.14.070 Sounds exempt during daytime hours.
8.14.080 Motor vehicle noises – Stationary test.
8.14.090 Motor vehicle noises – Road test.
8.14.010 Purpose.
The purpose of this chapter is to minimize the exposure of citizens to the harmful physiological and psychological 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 establishing maximum environmental noise levels applicable within designated areas or zones of the city; to adopt appropriate exemptions to the provisions of this chapter to allow for the functioning of commercial business and the operation of construction and emergency equipment; and to declare certain noise-producing activities to be noise disturbances. (Ord. 1660 § 2, 2008).
8.14.020 Definitions.
As used in this chapter, the following terms shall have the following meanings. All technical terminology used in this chapter and not defined specifically herein shall be interpreted in conformance with the most recent definitions used by the American National Standards Institute (ANSI) or its successor body.
A. “A-weighted sound level” means the sound pressure level in decibels measured using the A-weighted network on a sound level meter as specified by the American National Standards Institute specification for sound level meters as now existing or as hereafter amended or modified. The level so read is designated dBA.
B. “Decibel (dB)” means a unit for measuring the volume of sound.
C. “District” means the land use zone to which the provisions of this chapter are applied. For the purposes of this chapter:
1. “Residential district” includes single- family (R-1), duplex (R-2) and multifamily (R-3) zones and the open space and parks (OSPA) zone;
2. “Business and commercial district” includes medium residential and neighborhood business (MR-NB), business (B-1), general commercial (C-1) zones, and the downtown zoning districts as they may be hereafter classified;
3. “Heavy commercial and industrial district” includes the heavy commercial (C-2) and industrial (M-1) zones.
D. “EDNA” means the environmental designation for noise abatement, being an area or zone (environment) within which maximum permissible noise levels are established.
1. Class A EDNA – Lands where human beings reside and sleep. Typically, Class A EDNA will be the following types of property used for human habitation, such as residential, multiple-family living accommodations, recreational and entertainment (e.g., camps, parks, camping facilities, and resorts).
2. Class B EDNA – Lands involving uses requiring protection against noise interference with speech, such as commercial living accommodations, dining establishments, motor vehicle services, retail services, banks and office buildings, miscellaneous commercial services, and property not used for human habitation.
3. Class C EDNA – Lands involving economic activities of such a nature that higher noise levels than experienced in other areas are normally to be anticipated. Persons working in these areas are normally covered by noise control regulations of the Department of Labor and Industries. Uses typical of Class A EDNA are generally not permitted within such areas.
E. “Emergency work” means work required to restore property to a safe condition following a public calamity, work required to protect persons or property from an immediate exposure to danger, or work by private or public utilities for providing or restoring immediately necessary utility services.
F. “Equipment” means any stationary or portable device or any part thereof capable of generating sound.
G. “Gross vehicle weight rating (GVWR)” means the value specified by the manufacturer as the recommended maximum loaded weight of a single vehicle.
H. “Motor vehicle” means any vehicle which is self-propelled, used primarily for transporting persons or property. Aircraft, watercraft, and vehicles used exclusively on stationary rails or tracks are not motor vehicles as that term is used herein. It includes motorcycles unless distinction is made in the context of use. It also includes self-propelled vehicles commonly known as all-terrain vehicles.
I. “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 that farm tractors and vehicles powered by engines of less than five horsepower shall not be included.
J. “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 sound resulting therefrom.
K. “Noise” means the intensity, duration, and character of sounds, from any and all sources.
L. “Noise disturbance” means any sound which annoys, disturbs, or perturbs reasonable persons with normal sensitivities; or any sound which unreasonably injures or endangers the comfort, repose, health, hearing, peace, or safety of persons or animals.
M. “Person” means any individual, firm, association, partnership, corporation, or any other entity, public or private.
N. “Person responsible for the violation” means any person who is required by the applicable regulation to comply therewith, or who commits any act or omission which is a violation or causes or permits a violation to occur or remain upon property in the city, and includes but is not limited to owner(s), lessor(s), tenant(s), or other person(s) entitled to control, use and/or occupy property where a violation occurs.
O. “Property boundary” means the surveyed line at ground surface which separates the real property owned, rented, or leased by one or more persons from that owned, rented, or leased by another or others, and its vertical extension.
P. “Receiving property” means the real property within which sound originating from outside the property is received.
Q. “Race vehicle” means a motor vehicle not licensed for use on the public streets and/or which is used primarily for sanctioned or unsanctioned racing events.
R. “Sound level meter” means a device which measures sound pressure levels and conforms to Type 1 or Type 2 as specified in the American National Standards Institute Specification S1.4.1971. (Ord. 1660 § 2, 2008).
8.14.030 Identification of environments.
A. Environmental designations for noise abatement are as follows:
1. Residential land use district: Class A EDNA;
2. Business and commercial land use district: Class B EDNA;
3. Heavy commercial and industrial land use district: Class C EDNA.
B. The land use districts listed in the City of Burlington Zoning Code, BMC Title 17, are classified for the purposes of this chapter as follows:
1. Residential land use district: R-1, R-2, R-3, and OSPA;
2. Business and commercial land use district: MR-NB, B-1, C-1 and the downtown zoning districts as they may be hereafter classified;
3. Heavy commercial and industrial land use district: C-2 and M-1. (Ord. 1660 § 2, 2008).
8.14.040 Maximum permissible environmental noise levels.
A. No person shall cause or permit sound to intrude onto the real property of another person which exceeds the maximum permissible sound levels established by this chapter. The point of measurement shall be at the property boundary of the receiving property or anywhere within.
B. For sound sources located within the city, the maximum permissible sound levels are as follows:
|
Maximum Permissible Sound Levels by Receiving Property |
|||
|
EDNA of Noise Source |
EDNA of Receiving Property |
||
|
Class A |
Class B |
Class C |
|
|
(dBA) |
(dBA) |
(dBA) |
|
|
Class A |
55 |
57 |
60 |
|
Class B |
57 |
60 |
65 |
|
Class C |
60 |
65 |
70 |
C. Modifications to maximum permissible sound levels are as follows:
1. Reduce by 10 dBA nights 10:00 p.m. to 7:00 a.m. for receiving property in Class A EDNAs; and
2. Reduce by five dBA for impulsive or pure tone sounds for any receiving property at any time; and
3. Increase for short duration for any receiving property at any time:
a. Increase by five dBA for 15 minutes in any one-hour period; or
b. Increase by 10 dBA for five minutes in any one-hour period; or
c. Increase by 15 dBA for one and one-half minutes in any one-hour period.
D. If the measurements of sound are made with a sound level meter, the instrument shall be in good operating condition and shall meet the requirements for a Type I or Type II instrument, as described in American National Standards Institute Specifications as now exist or as are hereafter amended or modified. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such manner that the overall accuracy shall be at least that called for in the National Standards Institute Specifications.
E. Where a receiving property lies within more than one EDNA, the maximum permissible sound level shall be determined by the most noise-sensitive EDNA. (Ord. 1660 § 2, 2008).
8.14.050 Exemptions.
The following sounds are exempt from the provisions of this chapter. However, these exemptions are provisional in nature and shall be reviewed periodically for modification:
A. Noises caused by motor vehicles used for highway maintenance or noises caused in the performance of emergency work for the immediate safety, health or welfare of the community or of individuals of the community, or to restore property to a safe condition following a public calamity;
B. Sounds created by bells, chimes, or carillons not operating for more than five minutes in any one hour;
C. Sounds originating from aircraft in flight, and from watercraft;
D. Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release purpose of the device;
E. Sounds created by fire alarms and emergency equipment operated by law enforcement, firefighters, and aid personnel;
F. Sounds created by the operation of equipment or facilities of surface carriers engaged in commerce by railroad;
G. Sounds originating from officially sanctioned parades and other events to which the general public is solicited to attend without charge and sounds originating from league or school-sponsored athletic events;
H. Sounds caused by natural phenomena and unamplified human voices, except for noise disturbances as set forth in BMC 8.14.020(L) and BMC 8.14.130;
I. Nothing in these exemptions is intended to preclude the applicable department director through the authority of the State Environmental Policy Act from requiring installation of the best available noise abatement technology consistent with feasibility. (Ord. 1660 § 2, 2008).
8.14.060 Sound amplification at events and activities.
Sounds, including sounds created by sound amplification equipment, emanating from any event or activity after 10:00 a.m. and ending at 10:00 p.m. in a park, community center, or public place, for which a permit has been issued by the city of Burlington, shall be exempt; provided, that sound created by sound amplification equipment from such event shall be exempt only if the permit authorized the use of sound amplification equipment and such use was in compliance with all terms and conditions of the permit. Sound amplification equipment shall be allowed to operate until 11:00 p.m. on Friday and Saturday evenings at the Maiben Park Community Center. (Ord. 1660 § 2, 2008).
8.14.070 Sounds exempt during daytime hours.
The following sounds are exempt from the provisions of this chapter between the hours of 7:00 a.m. to 10:00 p.m.:
A. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances including but not limited to lawn mowers, saws, hammering and gardening, but excluding sounds from race vehicles;
B. Sounds created by blasting;
C. Sounds originating from temporary construction sites as a result of construction activity in residential districts, provided this exemption shall apply only between the hours of 10:00 a.m. to 6:00 p.m. on weekends and holidays, and 7:00 a.m. to 10:00 p.m. on weekdays;
D. Sounds created by the installation or repair of essential utility service. (Ord. 1660 § 2, 2008).
8.14.080 Motor vehicle noises – Stationary test.
It is unlawful for any person to operate any motor vehicle upon any public highway or easement road if the vehicle exhaust system exceeds the maximum permissible sound levels for the category of vehicle as measured at a distance of 20 inches (one-half meter) from the exhaust outlet under procedures set forth in WAC 173-58-080, as amended.
|
Vehicle Category |
Model Year |
Maximum Sound Level |
|
Motorcycles |
Before 1986 |
99 dB(A) |
|
Automobiles, light trucks, and motor vehicles 10,000 pounds GVWR or less |
Before 1986 |
95 dB(A) |
|
All motor vehicles over 10,000 pounds GVWR |
Before 1986 |
86 dB(A) |
While on real property other than highways or easement roads, motor vehicles shall not exceed the maximum permissible sounds as specified herein for other than motor vehicles. (Ord. 1660 § 2, 2008).
8.14.090 Motor vehicle noises – Road test.
It is unlawful for any person to operate any motor vehicle or any combination of motor vehicles upon any public highway or easement road under any conditions of grade, load, acceleration or deceleration in such a manner as to exceed the maximum permissible sound levels for the category of vehicle as measured at a distance of 50 feet from the center of the lane of travel within the speed limit specified under procedures set forth in WAC 173-62-030, as amended:
|
Vehicle Category |
45 mph or less |
Over 45 mph |
|
Motorcycles |
78 dB(A) |
82 dB(A) |
|
Motor vehicles over 10,000 pounds GVWR |
86 dB(A) |
90 dB(A) |
|
All other motor vehicles |
72 dB(A) |
78 dB(A) |
While on real property other than highways or easement roads, motor vehicles shall not exceed the maximum permissible sounds as specified herein for other than motor vehicles. (Ord. 1660 § 2, 2008).
8.14.100 Mufflers.
It is unlawful for any person to operate, or for any owner to permit any person to operate, any motor vehicle upon the public highways or easement roads which is not equipped with a muffler in good working order, in constant operation, and which meets the requirements established by RCW 46.37.390 as it now exists or as may hereafter be amended. (Ord. 1660 § 2, 2008).
8.14.110 Tire noise.
It is unlawful for any person to operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such sounds from the tires in contact with the ground or other roadway surface because of rapid acceleration or excessive speed around corners or other such reason; provided, that the sounds resulting from emergency braking to avoid imminent danger shall be exempt from this section. (Ord. 1660 § 2, 2008).
8.14.120 Variances.
A. Variances may be granted to any person from any requirement of BMC 8.14.040 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 an existing noise source or because of nonavailability of feasible technology or control methods.
B. Any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances.
C. Variances shall be heard and decided in the manner as set forth in the City of Burlington Municipal Code for land use variances.
D. The grant of a variance shall not relieve any person from the requirements of BMC 8.14.130 relating to noise disturbances. (Ord. 1660 § 2, 2008).
8.14.130 Noise disturbances.
All noise disturbances defined in BMC 8.14.020(L) and not exempt under BMC 8.14.050 are prohibited at all times. The content of the sound will not be considered in determining a violation. It is unlawful for any person knowingly to cause or make, or for any person in possession of property knowingly to allow originating from the property, unreasonable noise which disturbs another, and to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a police officer. The following acts are considered to be noise disturbances if the noise is clearly audible across a real property boundary, or at least 75 feet from the source:
A. Operating or playing, or permitting the operating or playing of, any audio equipment, television set, musical instrument and similar device, whether portable or stationary or mounted on or within a motor vehicle;
B. Intentional sounding or permitting the sounding outdoors of any emergency warning device where an actual emergency does not exist; provided, that sounds created during maintenance or testing of such emergency warning devices do not constitute a noise disturbance;
C. Permitting any sounds to emanate from a construction site outside the hours that construction sounds are exempt from the provisions of this chapter or outside expanded hours authorized by the applicable department director pursuant to BMC 8.14.120;
D. Operating sound amplification equipment before 10:00 a.m. or after 10:00 p.m. in a park, community center, or public place subject to special event permits issued by the city of Burlington;
E. Frequent, repetitive or intermittently continuous sounds made by any animal, except that such sounds made in animal shelters or in commercial kennels duly licensed shall be exempt;
F. Frequent, repetitive or intermittently continuous sounds made by any horn or siren attached to a motor vehicle, except such sounds that are made to warn of danger or that are specifically permitted or required by law;
G. Frequent, repetitive or intermittently continuous sounds made in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, race vehicle, off-highway vehicle or internal combustion engine;
H. Loud and frequent, repetitive or intermittently continuous sounds made by the use of a musical instrument or instruments or other device capable of producing sound when struck by an object, or by a whistle, or by a sound amplifier or other device capable of producing, amplifying or reproducing sounds, where the noise is clearly audible at a distance of 50 feet;
I. Loud and frequent, repetitive or intermittently continuous sounds made by the unamplified human voice or voices which are plainly audible at a distance of 50 feet or which can be plainly heard in any structure or building when the doors and windows are closed;
J. Sounds made for any duration or frequency from the starting and/or running of the engine of a race vehicle;
K. Operation off of any improved public highway, street or alley of any motorcycle, or any motor vehicle intended for off-road use, or any motor vehicle not licensed for use on public highways, where the noise therefrom is clearly audible in or on any residential property;
L. The foregoing enumeration of acts shall not be construed as excluding other acts which may constitute noise disturbances;
M. Sounds which do not exceed the maximum environmental noise levels set forth in BMC 8.14.040 may constitute noise disturbances. (Ord. 1660 § 2, 2008).
8.14.140 Citizen complaints.
Whenever it is stated in writing by two or more persons having separate residences in a neighborhood that any person is violating any of the provisions of this chapter, the Burlington police department shall investigate and, if appropriate, advise the person of the complaint and that such violations must cease. Failure of any person to cease any violation of this chapter shall be deemed a misdemeanor and, upon conviction, the person shall be punished as set forth in BMC 1.24.020. (Ord. 1660 § 2, 2008).
8.14.150 Penalties.
Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be punished as set forth in BMC 1.24.020. (Ord. 1660 § 2, 2008).