Chapter 9.09
Sound and Vibration1
Sections:
9.09.010 Findings--Policy to prevent excessive sound and vibration.
9.09.020 Applicability and scope of provisions.
9.09.040 Maximum permissible noise levels.
9.09.041 Public disturbance noises.
9.09.060 Prohibited vibrations.
9.09.070 Variances and implementation schedules.
9.09.100 Penalties for violations.
9.09.010 Findings--Policy to prevent excessive sound and vibration.
Excessive sound and vibration are a serious hazard to the public health and welfare, safety and the quality of life. A substantial body of science and technology exists by which excessive sound and vibration may be substantially abated. The people have an inalienable right to an environment free from excessive sound and vibration which may jeopardize their health or welfare or safety or degrade the quality of life. It is the policy of the City of DuPont to prevent excessive sound and vibration which may jeopardize the health and welfare or safety of its citizens or degrade the quality of life. (Ord. 208 § 1, June 14th, 1978; Ord. 08-864 § 1).
9.09.020 Applicability and scope of provisions.
This chapter shall apply to the control of all sound and vibration that affects any residential, commercial, or industrial property within the limits of the City of DuPont. (Ord. 208 § 2, June 14th, 1978; Ord. 08-864 § 1).
9.09.030 Definitions.
(a) “Background sound level” means the level of all sounds in a given environment, independent of the specific source being measured.
(b) “dBA” means the sound pressure level in decibels measured using the “A” weighting network on a sound level meter. The sound pressure level, in decibels, of a sound is 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure of 20 micropascals.
(c) “EDNA” means the environmental designation for noise abatement, being an area or zone (environment) within which maximum permissible noise levels are established.
(d) “Noise” means the intensity, duration and character of sounds, from any and all sources.
(e) “Noise Control Office” means the City of DuPont.
(f) “Noise Control Officer” means the City of DuPont Environmental Administrator or any designated representative of the City of DuPont.
(g) “Noise sensitive unit” shall include any building or portion of a building containing a residence, place of overnight accommodation, church, day care center, hospital, school or nursing care center. For the purpose of this definition, “residence and overnight accommodation” does not include living/sleeping quarters of a caretaker or watchperson on industrial or commercial property provided by the owner or operator of the industrial or commercial facility.
(h) “Person” means any individual, corporation, partnership, association, governmental body, state agency or other entity whatsoever.
(i) “Plainly audible sound” means any sound for which any of the content of that sound, such as, but not limited to, comprehensible musical rhythms, is communicated to a person using his or her unaided hearing faculties. For the purposes of the enforcement of this code, the detection of any component of sound, including, but not limited to, the rhythmic bass, by a person using his or her unaided hearing faculties is sufficient to verify plainly audible sound. It is not necessary for such person to determine the title, specific words or artist of music, or the content of any speech.
(j) “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 one or more other persons, and its vertical extension.
(k) “Racing event” means any motor vehicle competition conducted under a permit issued by a governmental authority having jurisdiction or, if such permit is not required, then under the auspices of a recognized sanctioning body.
(l) “Receiving property” means real property within which the maximum permissible noise levels specified in DMC 9.09.040 shall not be exceeded from sources outside such property.
(m) “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.
(n) “Sound reproduction device” means a device intended primarily for the production or reproduction of sound, including but not limited to any musical instrument, radio receiver, television receiver, tape recorder, phonograph or electronic sound amplifying system.
(o) “Temporary construction site” means construction occurring on any property for a period of not more than 90 days.
(p) “Unnecessarily loud noise” means any sound that interferes with normal spoken communications or that disturbs sleep.
(q) “Watercraft” means any contrivance, excluding aircraft, used or capable of being used as a means of transportation or recreation on water. (Ord. 208 § 3, June 14th, 1978; Ord. 08-864 § 1).
9.09.040 Maximum permissible noise levels.
(a) No person shall cause or permit noise to intrude into the property of another person which noise exceeds the maximum permissible noise levels set forth in this section.
(b) The noise limitations established are as set forth in WAC 173-60-040 and the following table. “EDNA” means environmental designation for noise abatement. EDNAs are broken down into the following classes:
Class A EDNA--residential areas;
Class B EDNA--commercial areas;
Class C EDNA--industrial areas.
(c) EDNAs are designated by the map2 in Appendix “A” of the ordinance codified in this chapter.
(d) The noise limitations established are as set forth in the following table after any applicable adjustments provided for herein are applied:
(1)
|
EDNA of Noise Source |
EDNA of Receiving Property |
||
|
Class A |
Class B |
Class C |
|
|
Class A |
55 dBA |
57 dBA |
60 dBA |
|
Class B |
57 |
60 |
65 |
|
Class C |
60 |
65 |
70 |
(2) 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.
(3) At any hour of the day or night the applicable noise limitations in subsections (d)(1) and (2) 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.
(e) “Unnecessarily loud noise” means any sound that interferes with normal spoken communications or that disturbs sleep within a noise sensitive unit as defined in DMC 9.09.030(g) which is not the source of the sound.
(f) Chapter 173-62 WAC, Motor Vehicle Noise Performance Standards, is hereby adopted by reference. (Ord. 208 § 4, June 14th, 1978; Ord. 08-864 § 1; Ord. 09-881 § 1).
9.09.041 Public disturbance noises.
(a) It is unlawful for any person to cause, or for any person in possession of property to allow originating from the property, sound that is:
(1) An unnecessarily loud noise, as defined in DMC 9.09.030(p); or
(2) Any sound that is plainly audible (as that term is defined in DMC 9.09.030(i)) within any noise sensitive unit, as defined in DMC 9.09.030(g); or
(3) Any sound produced by a sound reproduction device (as that term is defined in DMC 9.09.030(n)) that is plainly audible (as that term is defined in DMC 9.09.030(i)) 50 feet from the source of the sound; provided, that this subsection shall not apply to commercial music; or
(b) In addition to the provisions of this section, the following sounds are determined to be public disturbance noises:
(1) The frequent, repetitive, or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;
(2) 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 disturb or interfere with the peace, comfort, and repose of a reasonable person of normal sensibilities.
(3) Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible at a distance greater than 50 feet from the vehicle itself;
(c) Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose 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, which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property, such as sounds from audio equipment, musical instruments, band sessions, or social gatherings;
(e) Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself;
(f) Sound from audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source, and if not operated upon the property of the operator. The foregoing provisions shall not apply to regularly scheduled events at parks, such as public address systems for baseball games or park concerts.
(g) Noise from an animal that unreasonably disturbs one or more person’s reasonable expectation of peace and quiet. Factors to be considered in making such a determination include, but are not limited to, the nature, duration, volume, frequency, time, and location of the noise. (Ord. 08-864 § 1).
9.09.042 Compression brakes.
(a) Except as provided in this chapter, no person shall use motor vehicle compression brakes within the corporate limits of the City of DuPont. It shall be an affirmative defense to prosecution under this section that compression brakes were applied in an emergency to protect persons and or property.
(b) This chapter shall not apply to vehicles of any municipal Fire Department, whether or not responding to an emergency.
(c) As used in this chapter, the term “compression brakes” means a device which, when manually activated, retards the forward motion of a motor vehicle by the compression of the engine of the vehicle or any unit or part of the engine. Compression brakes are also referred to as “jake brakes.”
(d) Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to the terms and conditions of Chapter 1.17 DMC, Enforcement. (Ord. 08-864 § 1).
9.09.050 Exemptions.
Certain sounds shall be exempt from the noise limitations established in DMC 9.09.040. These exemptions are enumerated in WAC 173-60-050, Exemptions, and are as follows:
(a) The following shall be exempt from the provisions of this chapter between the hours of 7:00 a.m. and 10:00 p.m.:
(1) Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances.
(2) Sounds created by the discharge of firearms on authorized shooting ranges.
(3) Sounds created by blasting.
(4) Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible.
(5) Sounds created by the installation or repair of essential utility services.
(b) The following shall be exempt from the provisions of DMC 9.09.040(d)(2):
(1) Noise from electrical substations and existing stationary equipment used in the conveyance of water by a utility.
(2) Noise from existing industrial installations which exceed the standards contained in these regulations and which, over the previous three years, have consistently operated in excess of 15 hours per day as a consequence of process necessity and/or demonstrated routine normal operation. Changes in working hours which would affect exemptions under this regulation require approval of the Noise Control Officer.
(c) The following shall be exempt from the provisions of this chapter except insofar as such provisions relate to the reception of noise within Class A EDNAs between the hours of 10:00 p.m. and 7:00 a.m.:
(1) Sounds originating from temporary construction sites as a result of construction activity.
(2) Sounds originating from forest harvesting and silviculture activity.
(d) The following shall be exempt from all provisions of this chapter:
(1) Sounds created by motor vehicles when regulated by Chapter 173-62 WAC.
(2) Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations.
(3) Sounds created by surface carriers engaged in interstate commerce by railroad.
(4) Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes, and carillons.
(5) Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible.
(6) Sounds created by emergency equipment and work necessary in the interests of law enforcement or for health, safety or welfare of the community.
(7) Sounds originating from motor vehicle racing events at existing, authorized facilities.
(8) Sounds originating from officially sanctioned parades and other public events.
(9) Sounds originating from natural gas transmission and distribution facilities installed prior to September 1, 1975, shall be exempt from all provisions of this chapter until the Department of Ecology amends Chapter 173-60 WAC. The Noise Control Officer shall make recommendations to the City Council concerning this exemption after the Department of Ecology completes its action.
(10) Sounds emitted from petroleum refinery boilers during startup of said boilers; provided, that the startup operation is performed during daytime hours whenever possible.
(11) Sounds created by watercraft.
(12) Sounds created by the discharge of firearms in the course of hunting.
(13) Sounds caused by natural phenomena and unamplified human voices.
(14) Sounds created by motor vehicles, licensed or unlicensed, when operated off public highways, except when such sounds are received in Class A EDNAs.
(e) Nothing in these exemptions is intended to preclude the Noise Control Officer from requiring installation of the best available noise abatement technology consistent with economic feasibility. (Ord. 208 § 5, June 14th, 1978; Ord. 08-864 § 1).
9.09.060 Prohibited vibrations.
Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 50 feet from the source if on a public space or public right-of-way shall be prohibited by this chapter. For the purposes of this section, “vibration perception threshold” means the minimum ground- or structure-borne vibration motion necessary to cause a person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. The Noise Control Officer is hereby designated final authority in cases involving vibration. (Ord. 208 § 6, June 14th, 1978; Ord. 08-864 § 1).
9.09.070 Variances and implementation schedules.
(a) Variances may be granted to any person from any particular requirement of this chapter, 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. Any such variance or renewal thereof shall be granted only for a minimum time period found to be necessary under the facts and circumstances.
(b) An implementation schedule for achieving compliance with this chapter shall be incorporated into any variance issued.
(c) Variances shall be issued only upon application in writing and after providing such information as may be requested. No variances shall be issued for a period of more than 30 days, except upon due notice to the public with opportunity to comment. Public hearing may be held, when substantial public interest is shown, at the discretion of the City Council.
(d) Sources of noise, subject to this chapter, upon which construction begins after the effective date of the ordinance codified in this chapter shall immediately comply with the requirements of this chapter, except in extraordinary circumstances where overriding considerations of public interest dictate the issuance of a variance. (Ord. 208 § 7, June 14th, 1978; Ord. 08-864 § 1).
9.09.080 Appeals.
Any person aggrieved by any decision of the Noise Control Officer in relation to the enforcement of the maximum permissible noise levels provided for in this chapter, the granting or denial of a variance or the approval or disapproval of a local resolutions or ordinance for noise abatement and control may appeal to the City Council. (Ord. 208 § 9, June 14th, 1978; Ord. 08-864 § 1).
9.09.090 Severability.
If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated. (Ord. 208 § 10, June 14th, 1978; Ord. 08-864 § 1).
9.09.100 Penalties for violations.
Enforcement shall be undertaken only upon receipt of a complaint made by a person who resides, owns property, or is employed in the area affected by the noise complained of, except for parks, recreational areas, and wildlife sanctuaries. For enforcement purposes, each day (defined as the 24-hour period beginning at 12:01 a.m.) in which violation of the noise control regulations occurs shall constitute a separate violation.
Any violation of any provision, or failure to comply with any of the requirements, of this chapter shall be subject to the terms and conditions of Chapter 1.17 DMC, Enforcement. (Ord. 208 § 8, June 14th, 1978; Ord. 08-864 § 1).
Prior legislative history: Ord. 203.
The map attached to the ordinance codified in this chapter is on file in the City Clerk’s office.