Chapter 8.70
NOISE CONTROL
Sections:
8.70.050 Public nuisance noises.
8.70.080 Provisions not exclusive.
8.70.090 Disclaimer of liability.
8.70.100 Liberal construction.
8.70.010 Purpose.
It is county policy to minimize the exposure of citizens to the harmful nuisance, physiological, and psychological effects of excessive noise and 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.
This chapter supplements existing regulations for the control of public nuisance noise. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be specially protected or benefited by the terms of this chapter. [Ord. 2-15 § 1 (Att. A)]
8.70.020 Definitions.
(1) “Board” means the board of commissioners of Jefferson County.
(2) “County” and “Jefferson County” mean the unincorporated areas of Jefferson County.
(3) “Noise” means the intensity, duration and character of sounds from any and all sources.
(4) “Person” means any individual, corporation, partnership, association, governmental body, state, or other entity whatsoever. [Ord. 2-15 § 1 (Att. A)]
8.70.030 Administration.
Administration and enforcement of this chapter is the responsibility of the Jefferson County sheriff, his designee and/or other entity designated by the board, collectively referenced herein as law enforcement. [Ord. 2-15 § 1 (Att. A)]
8.70.040 Violation defined.
Within unincorporated Jefferson County, it shall be a violation of this chapter for any person to generate, produce, disseminate or cause, or for any person in possession or control of property, including a motor vehicle, to allow a “public nuisance noise” which law enforcement determines unreasonably disturb(s) or interfere(s) with the peace, comfort and repose of reasonable persons of normal hearing, including property owners or possessors of property in a different location, or citizens in a public area. [Ord. 2-15 § 1 (Att. A)]
8.70.050 Public nuisance noises.
All of the following are defined as “public nuisance noises”:
(1) Sound that originates from the property that exceeds the noise levels permitted by Chapter 173-60 WAC (Maximum Environmental Noise Levels), as that chapter now exists or as it may hereafter be amended;
(2) Frequent, repetitive, or continuous sound of any horn, siren or car alarm attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;
(3) Between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday (example: 10:00 p.m. Sunday to 7:00 a.m. Monday) or between 11:00 p.m. and 7:00 a.m. on Friday or Saturday (example: 11:00 p.m. Friday to 7:00 a.m. Saturday), frequent, repetitive, or continuous noises from starting, operating, repairing, rebuilding, or testing of any motor vehicle, motorcycle, dirt bike, other off-highway or off-road vehicle, or any internal combustion engine, and between the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday or between 7:00 a.m. and 11:00 p.m. on Friday or Saturday, this category of noise shall also be a public nuisance noise if the noise constitutes or rises to, in the opinion of law enforcement, a violation of subsection (11) of this section;
(4) Between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday (example: 10:00 p.m. Sunday to 7:00 a.m. Monday) or between 11:00 p.m. and 7:00 a.m. on Friday or Saturday (example: 11:00 p.m. Friday to 7:00 a.m. Saturday), any sound made by persons or by use of a musical instrument, whistle, sound amplifier, portable audio equipment, or other device, electronic or not, capable of producing or reproducing sound, which sound emanates frequently, repetitively, or continuously from any social gathering, building, structure, or property, such as sound originating from a band session, tavern or bar operation, an indoor or outdoor social gathering, and where law enforcement determines the volume of such sound is such that it can be clearly heard by a person of normal hearing at a location which is (a) 150 feet or more from the source of the sound and (b) not located on the property containing the source of the sound;
(5) Sound from portable audio equipment, including that found in or as part of a motor vehicle audio system, while traveling or parked in public streets, or in park areas, residential and commercial zones, or any area where residences, schools, human service facilities, or commercial establishments are in obvious proximity to the source of the sound, and where the volume of such audio equipment is such that law enforcement determines it can be clearly heard by a person of normal hearing at a distance of 150 feet or more from the source of the sound; provided, however, that this section shall not apply to persons operating portable audio equipment within a public park pursuant to an event sanctioned by a responsible authority under valid permit or license;
(6) Between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday (example: 10:00 p.m. Sunday to 7:00 a.m. Monday) or between 11:00 p.m. and 7:00 a.m. on Friday or Saturday (example: 11:00 p.m. Friday to 7:00 a.m. Saturday), frequent, repetitive, or continuous yelling, shouting, hooting, whistling or singing, with or without electronic amplification, which law enforcement determines can be clearly heard by a person of normal hearing at a location which is (a) 150 feet or more from the source of the sound and (b) not located on the property containing the source of the sound;
(7) Noise from a dog in violation of JCC 6.05.080, “Howling and barking,” as presently enacted and codified, or as may be subsequently enacted and codified;
(8) Sound from the discharge or use of any explosive device between the hours of 10:00 p.m. and 7:00 a.m.;
(9) Sound from a propane cannon, cherry gun, or similar sound-producing device;
(10) Sound from a refrigeration unit on a commercial vehicle or from a commercial vehicle’s engine when used to operate a refrigeration unit, when the vehicle is stationary for longer than 30 minutes and the sound can be clearly heard on a separate residential property at a distance greater than 150 feet from the source by a person of normal hearing;
(11) Sound which law enforcement determines unreasonably disturbs or interferes with the peace, comfort, and repose of one or more reasonable persons of normal hearing, regardless of the distance between the source of the public nuisance noise and the person(s) being unreasonably disturbed or annoyed. Under this subsection, a sound meter reading is not necessary to establish that a public nuisance noise exists;
(12) Any other noise that is otherwise prohibited by state or federal law. [Ord. 2-15 § 1 (Att. A)]
8.70.060 Exempt noises.
Sounds originating from the sources listed here do not constitute a violation of this chapter, are not “public nuisance noises” and are defined as an “exempt noise” regardless of where or when they occur, unless otherwise noted.
(1) Officially sanctioned events to which the general public is solicited to attend, including, but not limited to, parades, festivals, or carnivals;
(2) Officially sanctioned civic or park events, and amplified or unamplified sounds as allowed by a special event permit;
(3) League, homeowner association or school sponsored events, including, but not limited to, athletic events or use of sport courts, and band practice;
(4) Lawfully operated animal shelters, animal welfare facilities, kennels, pet shops, or veterinary clinics;
(5) Aircraft in flight or flight operations at airports and airfields including aircraft engine testing and maintenance;
(6) Bells, chimes, and carillons not operating continuously for more than five minutes;
(7) Warning, safety or protective devices not operating continuously for more than five minutes, including, but not limited to, back-up warning signals;
(8) Emergency equipment and work necessary in the interests of law enforcement or for the health, safety, or welfare of the community;
(9) Electrical substations and stationary equipment used in the conveyance of water and wastewater by any utility;
(10) The installation or repair of essential utility services or work necessary to protect the public health, safety, and welfare;
(11) Generators during periods when there is no electrical service available from the primary supplier due to power outage, where a generator is the only available source of electrical power, and the normal periodic testing of generators during daylight hours;
(12) Vessels regulated for noise under Chapter 79A.60 RCW, “Regulation of Recreational Vessels”;
(13) Agricultural activities not considered a nuisance pursuant to JCC 18.15.095(3), and the natural sounds made by livestock, such as, by way of example, cows, bison, llamas, chickens, and roosters, and noise from a livestock guard dog on property subject to JCC 18.15.095(3), when such noise is exempt pursuant to the animal responsibility chapter of the county code;
(14) Announcements upon public streets made for the purpose of commercial advertising, or sales, or for attracting the attention of the public by those vendors whose sole method of selling is from moving vehicles;
(15) The operation of motor vehicles on highways which are regulated under Chapter 173-62 WAC;
(16) Between the hours of 7:00 a.m. and 10:00 p.m., sounds originating from residential property as a result of temporary projects for the construction, maintenance, or repair of home, grounds, and appurtenances;
(17) The legal discharge of fireworks pursuant to RCW 70.77.395(2) and county code;
(18) The lawful discharge of firearms;
(19) Sounds exempted under Chapter 173-60 WAC, as that chapter now exists or as it may hereafter be amended. [Ord. 2-15 § 1 (Att. A)]
8.70.070 Penalties.
(1) Any violation of this chapter shall be punished as follows:
(a) The first violation by a person within the preceding year shall be a warning.
(b) The second violation by a person within a one-year period shall be a Class 2 civil infraction carrying a monetary penalty of $125.00 plus statutory assessments.
(c) A third or subsequent violation by a person within a one-year period shall be a criminal misdemeanor punishable by a fine of up to $1,000, 90 days in jail, or both.
(2) In any prosecution for a civil infraction or criminal misdemeanor, evidence of a sound’s level through use of a sound-level meter reading shall not be necessary to establish the commission of the offense.
(3) Civil infractions under this chapter shall be enforced pursuant to Chapter 7.80 RCW and the court rules. [Ord. 2-15 § 1 (Att. A)]
8.70.080 Provisions not exclusive.
The provisions of this chapter shall be cumulative and nonexclusive, and shall not affect any other claim, cause of action or remedy and do not repeal, amend or modify any existing law, ordinance or regulation relating to noise, but shall be deemed additional to existing statutes, regulations and ordinances. [Ord. 2-15 § 1 (Att. A)]
8.70.090 Disclaimer of liability.
Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the county, its officers, employees or agents, for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter, or by reason or in consequence of the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the county related in any manner to the enforcement of this chapter by its officers, employees or agents. [Ord. 2-15 § 1 (Att. A)]
8.70.100 Liberal construction.
This chapter shall be liberally construed to carry out its broad purposes. [Ord. 2-15 § 1 (Att. A)]