Chapter 9.56
NOISE CONTROL
Sections:
9.56.030 Noise control officer – Creation.
9.56.040 Noise control officer – Powers and duties.
9.56.050 Identification of environments.
9.56.060 Maximum permissible environmental noise levels.
9.56.080 Public disturbance noises.
9.56.085 Automatic reverse signal alarms.
9.56.090 Nuisance regulations not prohibited.
9.56.150 Other rights, remedies, powers, duties and functions.
9.56.010 Scope and intent.
This chapter shall apply to the control of all sound originating within the city of Fife. It is the policy of the city to minimize the exposure of citizens to the physiological and psychological dangers of excess noise, and to protect, promote, and preserve the public health, safety and welfare. In furtherance of this policy, it is the intent of the city council that noise be prohibited when it is in excess of specified decibel levels, as well as when it unreasonably disturbs the comfort, peace and repose of others. (Ord. 1673 § 1, 2008; Ord. 698 § 1, 1983).
9.56.020 Definitions.
As used in this chapter, unless the context or subject matter clearly requires otherwise, the following words or phrases shall have the following meanings:
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 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 appeal board” means a board which is designated by the city council to hear and decide noise variance cases.
F. “Noise control officer” means the noise control officer of the city or his designated representative.
G. “Person” means any individual, corporation, partnership or association and the agents, employees, servants and legal successors thereof; or agency of state, county or municipal government; or agency of the federal government which is subject to the jurisdiction of the state of Washington.
H. “Owner” shall include the owner or owners of the premises or lesser estate therein, a mortgage or vendee in possession, an assignee for rents, receiver, executor, trustee or other person, firm or corporation in control of a building or property.
I. “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.
J. “Multifamily units” shall include, but not be limited to: duplexes, triplexes, apartment houses and condominiums. The property lines of such units shall include the walls, ceilings and floors of each unit.
K. “Receiving property” means real property within which the maximum permissible noise levels specified herein shall not be exceeded from sources outside such property.
L. “Shoreline” means the existing intersection of water with the ground surface or with any permanent shore connected facility.
M. “Sound level meter” means a device which measures sound pressure levels and conforms to Type 1s or Type 2s as specified in the American National Standards Institute Specifications. (Ord. 698 § 2, 1983).
9.56.030 Noise control officer – Creation.
The position of noise control officer is hereby created. The noise control officer shall be the building official of the city or his designated representative. (Ord. 698 § 3, 1983).
9.56.040 Noise control officer – Powers and duties.
In order to implement this chapter, the noise control officer or his designee shall:
A. Conduct, or cause to be conducted, research, monitoring and other studies related to sound.
B. Conduct programs or public education related to causes, effects and methods to abate and control noise.
C. Encourage the participation of public interest groups in such public information efforts.
D. Cooperate with all appropriate state and federal agencies.
E. Draft needed noise control regulations.
F. Recommend entering into contracts with the approval of the city council for providing technical and enforcement services.
G. Review public and private projects and advise whether such projects are likely to cause violations of this chapter.
H. Require the owner or operator of any commercial or industrial activity to measure the sound level from any source in accordance with the methods and procedures and at such locations and times as the noise control officer may reasonably prescribe and to furnish reports of the results of such measurements to the noise control officer. The noise control officer may require the measurements to be conducted in the presence of his enforcement officials.
I. Seek noise program grants and other funds and gifts from public and private sources. (Ord. 698 § 4, 1983).
9.56.050 Identification of environments.
A. The EDNA of any property shall be based on the following typical uses:
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:
a. Residential;
b. Multiple-family living accommodations;
c. Recreational and entertainment (e.g., camps, parks, camping facilities and resorts);
d. Community service (e.g., orphanages, homes for the aged, hospitals, health and correctional facilities).
2. Class B EDNA. Lands involving uses requiring protection against noise interference with speech. Typically, Class B EDNA will be the following types of property:
a. Commercial living accommodations;
b. Commercial dining establishments;
c. Motor vehicle services;
d. Retail services;
e. Banks and office buildings;
f. Miscellaneous commercial services; property not used for human habitation;
g. Recreation and entertainment; property not used for human habitation (e.g., theaters, stadiums, fairgrounds and amusement parks);
h. Community services; property not used for human habitation (e.g., educational, religious, governmental, cultural and recreational facilities).
3. Class C EDNA. Lands involving economic activities of such a nature that higher noise levels than experienced in other areas are 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. Typically, Class C EDNA will be the following types of property:
a. Storage, warehouse and distribution facilities;
b. Industrial property used for the production and fabrication of durable and nondurable manmade goods;
c. Agricultural and silvicultural property used for the production of crops, wood products or livestock.
B. Land classification shall conform with FMC Title 19, Zoning, as follows:
1. Class A EDNA are districts primarily utilized for residential purposes in the city and include SFR, SLR, MDR, HDR, and NR. Any future zoning change will also control the EDNA classification (e.g., if a NR is changed to I, the I EDNA would apply).
2. Class B EDNA are districts primarily utilized for commercial purposes in the city and include NC, CMU, and RC.
3. Class C EDNA are districts primarily utilized or potentially utilized for industrial purposes in the city and include I. EDNA designations shall be amended as necessary to conform to zone changes under FMC Title 19.
4. A special use/combining district in the city shall be governed by the lowest decibel level of the abutting district.
5. When one district abuts another district, the lowest decibel level shall apply. (Ord. 1673 § 2, 2008; Ord. 698 § 5, 1983).
9.56.060 Maximum permissible environmental noise levels.
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 below in this section.
A. The noise limitations established are as set forth in the following table after any applicable adjustments provided for herein are applied.
EDNA of Noise
EDNA of Receiving Property
|
Source |
Class A |
Class B |
Class C |
|---|---|---|---|
|
Class A |
55 dBA |
57 dBA |
60 dBA |
|
Class B |
57 |
60 |
65 |
|
Class C |
60 |
65 |
70 |
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 subsections (1) and (2) may be exceeded for any receiving property by no more than:
1. Five dBA for a total of 15 minutes in any one-hour period; or
2. Ten dBA for a total of five minutes in any one-hour period; or
3. Fifteen dBA for a total of one and one-half minutes in any one-hour period.
D. No construction, excavation, hauling or removal of fill shall be permitted before the hour of 9:00 a.m. on Saturday or Sunday.
E. If the background sound level is above the maximum permissible environmental noise levels set forth in this section, the maximum permissible sound source level in excess of the background sound level shall be 10 decibels, measured at or within a receiving property. (Ord. 1673 § 3, 2008; Ord. 832 § 1, 1985; Ord. 698 § 6, 1983).
9.56.070 Exemptions.
A. The following shall be exempt from FMC 9.56.060 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 construction maintenance or repair of homes, ground and appurtenances.
2. Sounds created by the discharge of firearms on authorized shooting or firing 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 FMC 9.56.060A(2):
1. Noise from electrical substations and existing stationary equipment used in the conveyance of water or waste 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 effect exemptions under this regulation, require approval of the noise control officer.
C. The following shall be exempt from FMC 9.56.060, except insofar as such provisions relate to the reception of noise within Class A EDNA’s 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 silvicultural activity.
D. The following shall be exempt from FMC 9.56.060:
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 operated continuously for more than five minutes or bells, chimes and carillons.
5. Sounds created by safety and protective devices where noise suppression could defeat the intent of the device, or is not economically feasible, except automatic reverse signal alarms regulated by FMC 9.56.085.
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 or motorcycle racing events at existing authorized facilities, or being sanctioned by a responsible authority.
8. Sounds originating from officially sanctioned parades and other public events.
9. Sounds emitted from petroleum refinery boilers during startup of said boilers; provided that the startup operation is performed during daytime hours whenever possible.
10. Sounds caused by natural phenomena and unamplified human voices.
11. Animal noises which are regulated.
12. Sounds created by motor vehicles, licensed or unlicensed, when operated off public highways except when such sounds are received in Class A EDNAs. (Ord. 1673 § 4, 2008; Ord. 698 § 7, 1983).
9.56.075 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 because of rapid acceleration or excessive speed around corners or other such reason; provided, that noise resulting from emergency braking to avoid imminent danger shall be exempt from this section. (Ord. 2026 § 1, 2020).
9.56.080 Public disturbance noises.
A. General Prohibition. In addition to sounds that exceed the maximum permissible sound levels described in this chapter, 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, without regard to sound level measurement. 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 Chapter 5.24 FMC are exempt from this subsection. Notwithstanding any other provision of this chapter, if the owner or other person having custody of the animal cannot, with reasonable inquiry, be located by the investigating officer or if the animal is a repeated violator of this subsection, the animal shall be impounded subject to redemption in the manner provided by FMC 6.02.070 and/or 6.02.080.
2. 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.
3. The creation of frequent, repetitive, or continuous sounds 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 district so as to unreasonably disturb or interfere with the peace, comfort, and repose of owners or possessors of real property.
4. 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.
5. The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, or yard or parking lot adjacent thereto, which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property, such as sounds from audio equipment, musical instruments, televisions, band sessions, or social gatherings.
6. 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.
7. 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 50 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 50 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.
8. Any other frequent, repetitive, or continuous noise, sound or signal within a residential 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 the following:
1. Authorized community events at parks, schools or other public property, such as parades, sporting events, or park concerts.
2. Sounds originating from residential property between the hours of 7:00 a.m. and 10:00 p.m., relating to temporary projects for the maintenance or repair of homes, grounds, or appurtenances, including but not limited to sounds of lawn mowers, hand power tools, chain saws, snow removal equipment and composters.
3. Sounds originating from construction sites, including but not limited to sounds from construction equipment, power tools and hammering, between 7:00 a.m. and 10:00 p.m.
4. 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. (Ord. 1901 § 15, 2015; Ord. 1673 § 5, 2008; Ord. 698 § 8, 1983).
9.56.085 Automatic reverse signal alarms.
A. After March 31, 2009, the only automatic reverse signal alarms allowed on yard vehicles shall be broadband (white noise) sound alarms or self-adjusting tone alarms that continuously monitor background sound and automatically adjust the alarm volume to no more than 10 decibels above the sampled noise level, as determined by manufacturer’s specifications. After March 31, 2009, use of any nonbroadband noises or nonself-adjusting automatic reverse signal alarm, or an alarm volume that is more than 10 decibels above the background sound level, shall be a violation of this chapter.
B. For the purposes of this section, “yard vehicle” means a motor vehicle used primarily on-premises, and not used on public highways, for carrying or moving materials or property, including forklifts, truck lifts, yard hostlers, or yard tractors.
C. This section shall not apply to yard vehicles on construction sites or property used primarily for the commercial production of crops or livestock. (Ord. 1673 § 6, 2008).
9.56.090 Nuisance regulations not prohibited.
Nothing in this chapter shall be construed as preventing the city from regulating noise from any source as a nuisance. (Ord. 698 § 9, 1983).
9.56.100 Noise control appeal board.
Repealed by Ord. 1673. (Ord. 1593-06 § 28, 2006; Ord. 698 § 10, 1983).
9.56.110 Variances and implementation schedules.
Repealed by Ord. 1673. (Ord. 698 § 11, 1983).
9.56.120 Enforcement.
The police department, as well as other persons designated by the city manager, shall have the authority to enforce the provisions of this chapter and police officers and other persons designated by the city manager shall have authority to issue civil infractions for violation of this chapter. (Ord. 1673 § 7, 2008; Ord. 698 § 12, 1983).
9.56.130 Appeals.
Repealed by Ord. 1673. (Ord. 698 § 13, 1983).
9.56.140 Penalties.
Violation of the provisions of this chapter shall be a class 1 civil infraction. Each day during which a violation occurs or exists shall be deemed a separate civil infraction. Three separate subsequent violations of this chapter by the same violator within a one-year period of time shall also constitute a misdemeanor, punishable as provided in FMC 1.24.010. (Ord. 1673 § 8, 2008; Ord. 842 § 10, 1986; Ord. 698 § 14, 1983).
9.56.150 Other rights, remedies, powers, duties and functions.
A. Nothing in this chapter shall be construed to deny, abridge or alter an alternative right of action or remedies in equity or under common law or statutory law, criminal or civil.
B. Nothing in this chapter shall deny, abridge or alter any powers, duties and functions relating to noise abatement and control now or hereafter vested in any state agency, nor shall this chapter be construed as granting jurisdiction over the industrial safety and health of employees in work places, as now or hereafter vested in the department of labor and industries. (Ord. 698 § 15, 1983).