Chapter 8.05
NOISE
Sections:
8.05.010 Declaration of policy.
8.05.015 Maximum permissible environmental noise levels.
8.05.025 Public nuisance and disturbance noises.
8.05.030 Posting notice of construction hours – When required.
8.05.040 Penalty for violation.
8.05.010 Declaration of policy.
The city council finds that inadequately controlled noise adversely affects the health, safety and welfare of the people, the value of property, and the quality of the environment. It is the express intent of the City 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. [Ord. 17-0442 § 1 (Exh. A); Ord. 98-0042 § 1.]
8.05.015 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 level set forth in WAC 173-60-040, which section is hereby adopted by reference. [Ord. 17-0442 § 2 (Exh. A).]
8.05.020 Exemptions.
The exemptions to the maximum permissible environmental noise levels set forth in WAC 173-60-050 are hereby adopted by reference. [Ord. 17-0442 § 2 (Exh. A).]
8.05.025 Public nuisance and disturbance noises.
It is unlawful for any person to cause, or for any person in possession of property to allow to originate from said property, sound that is a public nuisance. The following sources of sound are defined to be public nuisances, except to the extent that they may be specifically exempted by other provisions of this chapter:
A. 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 shall be exempt when originating from lawfully operated animal shelters, kennels, pet shops and veterinary clinics;
B. 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;
C. Frequent, repetitive or continuous noise in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; provided, however, this subsection shall not apply to airplanes and boats;
D. Yelling, shouting, 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;
E. Any loud and raucous noise which unreasonably interferes with the use of any residential property, school, church, hospital or convalescent facility;
F. Any sound made by the construction, excavation, repair, demolition, destruction or alteration of any building or property, or upon any building site, anytime on Sundays and holidays and outside the hours of 7:00 a.m. through 7:00 p.m., Monday through Friday, and 9:00 a.m. through 5:00 p.m. on Saturday, excepting:
1. Highway construction; and
2. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances as follows:
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November 1st – April 30th |
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Monday – Friday, 7:00 a.m. to 8:00 p.m. Saturday and Sunday, 9:00 a.m. to 8:00 p.m. |
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May 1st – October 31st |
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Monday – Friday, 7:00 a.m. to 9:00 p.m. Saturday and Sunday, 9:00 a.m. to 9:00 p.m. |
Nothing herein shall be construed to limit or prohibit different or more restrictive hours for any work authorized under a development permit issued by the City.
G. Frequent, repetitive or continuous sounds which emanate from any building, structure, apartment or condominium which unreasonably interferes with the peace, comfort and repose of owners or possessors of real property;
H. Sound from motor vehicle public address or audio systems, such as, but not limited to, tape players, radios and compact disc players, operated at a volume so as to be audible greater than 75 feet from the source;
I. Sound from audio equipment, such as, but not limited to, tape players, radios and compact disc players, operated at a volume so as to be audible greater than 75 feet from the source; and
J. The foregoing provisions shall not apply to regularly scheduled events at schools or stadiums, such as public address systems for baseball games or special events approved and permitted in accordance with Chapter 8.40 KMC. [Ord. 17-0442 § 4 (Exh. A); Ord. 12-0335 § 2; Ord. 00-0094 § 1; Ord. 98-0042 § 2. Formerly 8.05.020.]
8.05.030 Posting notice of construction hours – When required.
A sign providing notice of the limitation of construction hours contained in KMC 8.05.025(F) shall be posted on construction sites prior to commencement of any new development, including individual building permits. The city manager or his or her designee shall establish standards for size, color, layout, design, wording and placement of the signs. [Ord. 17-0442 § 3 (Exh. A).]
8.05.035 Variances.
A. Variances may be granted to any person from any requirement in KMC 8.05.025, if findings are made by the city manager or his or her designee 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, or where a variance to this code section is reasonably anticipated to reduce or limit other disturbances to the public, such as the total length of time the disturbance must occur.
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 set forth in Chapter 19.25 KMC for administrative interpretations of development regulations by the city manager or his or her designee. The decision of the city manager or his or her designee shall be a Type 1 action under KMC 19.25.020 for decision-making procedure. [Ord. 17-0442 § 3 (Exh. A).]
8.05.040 Penalty for violation.
Any person who violates the provisions of this chapter shall be subject to a civil fine not to exceed $250.00 for a first offense. For second and subsequent offenses within any 12-consecutive-month period, the person shall be subject to a civil fine not to exceed $1,000. [Ord. 17-0442 § 4 (Exh. A); Ord. 98-0042 § 3. Formerly 8.05.030.]