Chapter 9.14
NOISE REGULATIONS

Sections:

9.14.010  Purpose.

9.14.020  Definitions.

9.14.030  Quantitative standards for sounds.

9.14.040  Public disturbance noise – Prohibited.

9.14.050  Public disturbance noise – Definition.

9.14.060  Exemptions.

9.14.070  Enforcement.

9.14.080  Penalties.

9.14.090  Other remedies.

9.14.100  Repealed.

Legislative history: Ords. 95-352 and 96-388.

9.14.010 Purpose.

The purpose of this chapter is to minimize the exposure of citizens to the harmful physiological and psychological effects of excessive noise. The intent of the city council is to control the level of noise pollution in a manner that promotes commerce; the use, value and enjoyment of property; sleep and repose; and the quality of the environment; by establishing maximum environmental noise levels applicable within the city and to declare certain noise production activities to be noise disturbances.

9.14.020 Definitions.

Specific terms used in this chapter are defined below. Technical terminology used in this chapter and not defined herein shall be interpreted in conformance with the American National Standards Institute Specifications, Section 1.1-1960 and Section 1.4-1971 as now in force or as later amended. All other terms shall be interpreted in conformance with their usual and ordinary meaning.

A. "Civil hearing officer" is that officer or judicial court authorized by law to preside over the civil infraction hearing provided for in this chapter.

B. "Construction" means any site preparation, clearing, grading, assembly, erection, demolition, substantial repair, alteration or similar action for or of public or private rights-of-way, structures, utilities or similar property.

C. "Day" or "daytime" means the hours between 7:00 a.m. and 9:00 p.m. on weekdays, and between 8:00 a.m. and 9:00 p.m. on weekends.

D. "District" means the land use zones to which the provisions of this chapter are applied. For the purpose of this chapter:

1. "Residential district" includes those districts defined as PRD 7200, LDR, MDR and HDR.

2. "Business district" includes those districts defined as CB and PCB.

3. "Commercial district" includes those districts defined as BP and ND.

E. "Multi-family" or "multi-family dwellings" means those structures defined in MCMC Title 17, and shall include apartment buildings and complexes, condominiums, and similar residential structures.

F. "Night" or "nighttime" means those hours not defined as "day" or "daytime" in subsection C of this section.

G. "Noise" means the intensity, duration and character of sounds from any and all sources.

H. "Originating property" means the real property upon which, or within which, the noise originates.

I. "Property boundary" means an imaginary line exterior to any enclosed structure, at ground surface, which separates the real property of one or more persons from that owned by others, and its vertical extension. For structures containing multiple units, such as condominiums, apartment buildings, office buildings or similar structures, the property boundary shall be coincident with the internal surface of any wall, ceiling or floor.

J. "Real property" means an interest or aggregate of rights in land that is guaranteed and protected by law. For the purposes of this chapter, "real property" includes leasehold interests, including interests in a unit of a multiple unit structure, such as a condominium, apartment building, office building or other structures, regardless of whether the unit in question is a ground floor unit or not. For the purpose of this chapter, "ground floor" is synonymous with "first floor" and such term shall be given its usual and ordinary meaning.

K. "Receiving property" means real property within which sound originating from outside the property is received.

L. "Weekday" means any day, Monday through Friday, that is not a legal holiday as defined in RCW 1.16.050.

M. "Weekend" means Saturday, Sunday and any legal holiday as defined in RCW 1.16.050.

9.14.030 Quantitative standards for sounds.

A. Unlawful Sounds. Except as provided in MCMC 9.14.060, it is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, or for any person operating or in control of a motor vehicle to allow to originate from that vehicle, sound that intrudes into the real property of another person and which exceeds the maximum permissible sound levels established in subsection B of this section. Penalties for violation of this section shall be in accordance with MCMC 9.14.080.

B. Maximum Permissible Sound Levels. Noise measurement shall be measured in dB(A) with a sound level meter. Measurement of sound levels from all sources shall be made at or within the property boundary of the receiving property. For the purpose of this chapter, rural districts shall be considered as residential districts. Maximum permissible sound levels for districts within the city of Mill Creek, expressed in dB(A)s are described in Table 9-1.

Table 9-1

C. Modifications to Maximum Permissible Sound Levels. The maximum permissible sound levels established by this chapter received on or in property within a residential district shall be reduced by 10 dB(A) during nighttime hours.

9.14.040 Public disturbance noise – Prohibited.

Except as provided in MCMC 9.14.060, it shall be unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, or for any person operating or in control of a motor vehicle to allow to originate from that vehicle, sound that is a public disturbance noise as defined in MCMC 9.14.050. Penalties for violation of this section shall be in accordance with MCMC 9.14.080.

9.14.050 Public disturbance noise – Definition.

"Public disturbance noise" means any sound that endangers or injures the safety or health of humans or animals, or endangers or damages personal or real property, or annoys, or disturbs any reasonable person of normal sensitivities, and includes, but is not limited to those noises listed in subsections A through E of this section.

A. The creation, by use of a musical instrument, sound amplifier, radio, tape player, compact disk player, television, or other device capable of producing or reproducing sound, of sounds heard as comprehendible voices or music rhythms with a residence not originating the noise, or outdoors in a rural or residential district at a distance of 75 feet or more from the noise source.

B. The creation of frequent, repetitive or continuous sounds in connection with starting, repairing, operating or testing of motor vehicles, off-road vehicles or internal combustion engines in a manner that interferes with the peace and comfort of persons in rural or residential districts.

C. The frequent, repetitive, or continuous sounding of vehicle horns for purposes other than public safety.

D. The creation, by use of musical instrument, whistle, human voice, sound amplifier, or other device capable of producing or reproducing sound, of loud and raucous sounds which emanate frequently, repetitively or continuously from any building, structure, vehicle or property, such as sound originating from a band session or social gathering. For the purposes of this subsection, any sound that can be clearly heard and discerned by a person of normal sensitivities within a residence not located on the property from where the noise originates, or in the case of multi-family dwellings, any sound that can be clearly heard and discerned by a person of normal sensitivities within a residence that is not the location of the source of the sound, shall be considered loud and raucous. The provisions of this subsection, to the extent that they differ from subsection A of this section, shall not apply during daytime hours. The content of the speech shall not be considered against any person in determining a violation of this subsection.

E. The operation of any mechanically powered saw, drill, sander, grinder, blower, fan, garden tool, or similar device, when operated other than during daytime hours; provided, however, that this subsection shall not apply to the use of lawn care or similar equipment used by or at the Mill Creek golf course for the preparation of the course for play, where such preparation cannot reasonably be done during daytime hours.

9.14.060 Exemptions.

A. Sounds Exempt at All Times. The following sounds are exempt, at all times, from the prohibitions of this chapter:

1. Sounds created by emergency equipment and vehicle necessary for law enforcement or for the health, safety and welfare of the community, when used for these purposes.

2. Sounds caused by the necessary and emergency repair or maintenance of any public facility or utility.

3. Sounds caused by fire alarms being used as such.

4. Sounds created by warning devices, provided the devices do not operate continuously for more than five minutes per incident.

5. Sounds created by safety and protective devices, where noise suppression would defeat the safety purpose of the device.

6. Sounds created by the normal operation, on public highways, of motor vehicles. Vehicles operated in violation of Chapter 46.37 RCW shall be prosecuted in accordance with the provisions of that chapter.

B. Sounds Exempt during Daytime Hours. The following sounds are exempt, during daytime hours, from the prohibitions of this chapter:

1. Sounds created by construction equipment and vehicles, operated at designated construction sites, when operated in compliance with permits issued by the city of Mill Creek or other authorized authority.

2. Sounds created by the installation, maintenance or repair of public facilities or utilities.

3. Sounds created by the temporary or periodic maintenance or repair of residential or commercial property.

4. Those persons exempt from compliance with MCMC 5.08.110.

5. Noise originating from properly licensed businesses when operated in accordance with the licensing provisions of that business; provided, that all such businesses are subject to MCMC 9.14.030.

9.14.070 Enforcement.

A. Authorization and Enforcement of Provisions. The chief of police of the Mill Creek police department, and all duly appointed and commissioned police officers, are authorized and directed to administer and enforce the provisions of this chapter.

B. Enforcement of Quantitative Standards. A civil infraction may be issued whenever an authorized enforcement officer obtains a sound level measurement exceeding the applicable maximum level set forth in MCMC 9.14.030.

C. Enforcement of Public Disturbance Noise. Except for public disturbance noise originating from a motor vehicle, a civil infraction may be issued by an authorized enforcement officer for public disturbance noise upon receipt of at least three individual complaints. At least two of those complainants must hold an interest in real property located within the city of Mill Creek or be a member of a Mill Creek household. This third complainant may be a police officer. Multiple complaints from the same household shall count as one complainant. A civil infraction for public disturbance noise originating from a motor vehicle may be issued by the enforcing officer without additional individual complaints.

9.14.080 Penalties.

A. Civil Penalty. Any person, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business, in violation of any of the provisions of this chapter shall be deemed to have committed a civil infraction for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted. The penalty for each violation shall be a fine of $100.00.

B. Response to Civil Infraction – Forfeiture – Appeal. Any person, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business, cited for violating the provisions of this chapter shall respond to that infraction within 30 days of issuance. A person may respond either by forfeiting the amount of bail printed upon the face of the infraction or by filing an administrative appeal to the city council pursuant to Chapter 14.11 MCMC.

C. Criminal Penalties. Any person, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business, who fails to respond within 30 days of being issued a civil infraction for violating the provisions of this chapter or who fails to obey an order of the city council shall be guilty of a misdemeanor punishable by a fine in a sum not exceeding $1,000 or by imprisonment in the Snohomish County jail for a term not exceeding 90 days or by being both fined and imprisoned. Each day of noncompliance with any of the applicable provisions of the chapter shall constitute a separate offense.

D. Alternative/Additional Relief. In addition to the procedures and penalties specified above, the city may in its discretion seek legal or equitable relief to enjoin any acts or practices and/or abate any condition which constitutes or will constitute a violation of this chapter. Such decision may be made without regard to whether civil or criminal procedures or penalties have or have not been commenced, assessed or imposed. (Ord. 2006-647 § 1)

9.14.090 Other remedies.

Nothing in this chapter shall be construed as limiting any remedies that the city may have, at law or in equity, for enforcement of this chapter or the application of general penalties specified in Chapter 1.16 MCMC. (Ord. 2006-647 § 2)

9.14.100 Appeals.

Repealed by Ord. 2006-647.