Chapter 8.24
NOISE CONTROL
Sections:
8.24.015 Maximum permissible environmental noise levels.
8.24.020 Motor vehicle noise – Specific prohibitions.
8.24.030 Nuisance noises designated.
8.24.050 Enforcement procedures.
8.24.060 Provisions not exclusive.
8.24.005 Policy and purpose.
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 the use, value and enjoyment of property, sleep and repose, and the quality of the environment. (Ord. 1198 § 1, 2019)
8.24.010 Definitions.
The following definitions shall apply in this chapter:
A. “Motorcycle” is 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 farm tractors and such vehicles powered by engines of less than five horsepower.
B. “Motor vehicle” means any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010.
C. “Noise” means the intensity, duration, and character of sounds from any and all sources.
D. “Person” means any individual, firm, association, partnership, corporation or any other entity, public or private.
E. “Receiving property” means any real property within which sound originating from sources outside the property is received. (Ord. 1198 § 1, 2019; Ord. 1130 § 5, 2016; Ord. 349 § 1, 1986)
8.24.015 Maximum permissible environmental noise levels.
No person shall cause or permit noise to intrude into a receiving property which noise exceeds the maximum permissible noise level set forth in WAC 173-60-040, which section is hereby adopted by reference. (Ord. 1198 § 1, 2019)
8.24.020 Motor vehicle noise – Specific prohibitions.
A. Every motor vehicle operated upon the public highways shall at all times be equipped with a muffler in good working order and constant operation.
B. Sounds Created by Operation of Motor Vehicles. It is unlawful for any person to operate upon any highway any motor vehicle or any combination of motor vehicles under any conditions of grade, load, acceleration, or deceleration in such a manner that the motor vehicle’s exhaust noise or engine noise:
1. Exceeds 95 decibels as measured by the Society of Automotive Engineers (SAE) test procedure J1169 (May 1998); or
2. Can be clearly heard by a person of normal hearing at least 75 feet away from the vehicle.
C. It is unlawful for any person to operate a motor vehicle in such 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. Further, no person shall use within city limits motor vehicle brakes commonly known as “Jacobs” or “Jake” brakes, which are in any way activated or operated by compression of the engine from any such motor vehicle or any unit thereof.
D. It is unlawful for any person to change or modify any part of a motor vehicle or install any device thereon in any manner that permits sound to be emitted in violation of this chapter. (Ord. 1198 § 1, 2019; Ord. 1130 § 5, 2016; Ord. 349 § 2, 1986)
8.24.030 Nuisance noises designated.
It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property onto a receiving property, a sound that is a public nuisance as defined in this section. The following sources of sound are defined to be public nuisance noises:
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 made in animal shelters or commercial kennels, veterinary hospitals, pet shops or pet kennels licensed in compliance with city ordinances shall be exempt from this subsection; provided, however, that, notwithstanding any other provision of this chapter, if the owner or other person having custody of the animal cannot, with reasonable inquiry, be located or if the animal is a repeated violator of this subsection, the animal shall be impounded as provided in the city animal control ordinance.
B. The frequent, repetitive, or continuous sounding of any horn or siren attached to a motor vehicle which unreasonably disturbs or interferes with the peace, comfort and repose of owners or possessors of real property, except as a warning of danger or as specifically permitted or required by law.
C. The creation of frequent, repetitive, or continuous noise in connection with the starting, operating, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine.
D. The use of a sound amplifier or other device capable of producing or reproducing amplified sounds for the purpose of commercial sales or attracting the attention of the public to any vehicle, structure, or property, or the contents therein, or vehicles whose sole method of selling is from a moving vehicle, which unreasonably disturbs or interferes with the peace, comfort and repose of owners or possessors of real property.
E. The making of any loud or raucous noise which unreasonably disturbs or interferes with the peace, comfort and repose of owners or possessors of real property.
F. The creation by use of a musical instrument, whistle, sound amplifier, stereo, juke box, radio, television, tape player, or other device capable of loud and raucous noises which emanate frequently, repetitively or continuously from any building, structure, motorcycle, motor vehicle, or property, such as sounds originating from a band session, or social gathering, which unreasonably disturbs or interferes with the peace, comfort and repose of owners or possessors of real property.
G. The creation of frequent, repetitive, or continuous noise in connection with the starting, operating, or repair of heating, air-conditioning or other machinery.
H. Any sound made by the construction, excavation, repair, demolition, destruction or alteration of any building or property, or upon any building site, outside the hours of 7:00 a.m. through 8:00 p.m., Monday through Friday, and 9:00 a.m. through 5:00 p.m. on Saturday and Sunday, and any time on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
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. (Ord. 1198 § 1, 2019; Ord. 1130 § 5, 2016; Ord. 349 § 3, 1986)
8.24.040 Exemptions.
The following noises are exempt from the provisions of this chapter at all times:
A. Noise originating from an aircraft in flight;
B. Noises created by safety and protective devices such as relief valves where noise suppression would defeat the safety release intent of the device;
C. Noises created by fire alarms;
D. Noises created by emergency equipment including, but not limited to, emergency standby or backup equipment, and emergency work necessary in the interest of law enforcement or the health, safety, and welfare of the community, and including, but not limited to, any emergency work necessary to replace or repair essential utility services;
E. Noises created by auxiliary equipment on motor vehicles used for highway maintenance;
F. Noise originating from officially sanctioned parades, sporting events and other public events;
G. Noises created by warning devices not operated continuously for more than 15 minutes per incident;
H. Noises originating from residential property relating to temporary projects that do not require a city permit for the maintenance of homes, grounds and appurtenances and noises created by powered equipment including, but not limited to, lawnmowers, powered hand tools, and chainsaws used in temporary or periodic maintenance, within the hours of 7:00 am through 9:00 p.m, Monday through Friday, and 8:00 a.m. through 6:00 p.m., Saturday and Sunday and on the holidays identified in LFPMC 8.24.030(H);
I. Noises created by installation or repair of essential utility services. (Ord. 1198 § 1, 2019; Ord. 1130 § 5, 2016; Ord. 759 § 1, 1998; Ord. 683 § 1, 1996; Ord. 349 § 4, 1986)
8.24.050 Enforcement procedures.
This chapter shall be enforced as provided in Chapter 1.25 LFPMC. The provisions of this chapter are not exclusive and may be used in addition to other enforcement provisions authorized by the Lake Forest Park Municipal Code except as precluded by law. (Ord. 1198 § 1, 2019; Ord. 1130 § 5, 2016; Ord. 349 § 5, 1986)
8.24.060 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, nor, unless specifically provided, shall this chapter be deemed to repeal, amend, or modify any law, ordinance, or regulation relating to noise, but shall be deemed additional to existing legislation and common law noise. (Ord. 1198 § 1, 2019; Ord. 1130 § 5, 2016; Ord. 349 § 6, 1986)
8.24.070 Violation – Penalty.*
Repealed by Ord. 784. (Ord. 349 § 7, 1986)
*Code reviser’s note: Penalty provisions can be found in Chapter 8.90 LFPMC.