Chapter 9.28
NOISE REGULATIONS
Sections:
9.28.010 Declaration of policy.
9.28.040 Enforcement authority.
9.28.050 Designation of EDNAs.
9.28.060 Environmental sound levels – Quantitative standards.
9.28.070 Public disturbance noise.
9.28.010 Declaration of policy.
It is the policy of the city to minimize the exposure of citizens to physiological and psychological dangers of excessive noise and to protect, promote and preserve the public health, safety and general welfare. It is the express intent of the city council to control the level of noise in a manner which promotes the use, value and enjoyment of property, sleep and repose, commerce and the quality of the environment. (Ord. 3349 § 1, 2007).
9.28.020 Findings.
Pursuant to RCW 70.107.060, the city council finds that the regulations set forth in this chapter are made necessary by local conditions. The problem of noise in Mount Vernon has been studied and it is documented by the complaints received and logged in the Mount Vernon police department, and by complaints recorded and noted at public meetings. The council therefore finds that special conditions exist which make necessary any and all differences between this chapter and the regulations adopted by the Washington State Department of Ecology. (Ord. 3349 § 1, 2007).
9.28.030 Definitions.
For purposes of implementation and enforcement of this chapter, the following terms shall have the assigned meanings:
A. “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 the sound to a reference pressure of 20 micropascals.
B. “EDNA” means the environmental designation for noise abatement, being an area or zone (environment) within which maximum permissible noise levels are established. For purposes of this definition, MVMC 9.28.050, identifying and describing the classes of EDNAs, shall be recognized as designating EDNAs to conform to the city’s zoning ordinance. In areas not covered by a local zoning ordinance, WAC 173-60-030(1), identifying and describing the classes of EDNAs recognized by the state Department, shall be adopted by reference.
C. “Noise” means the intensity, duration and character of sounds, from any and all sources.
D. “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.
E. “Receiving property” means real property within which the maximum permissible noise levels specified within this chapter shall not be exceeded from sources outside such property.
F. “Sound level meter” means a device which measures sound pressure levels and conforms to Type I, S1A, Type II or S2A, as specified in the American National Standards Institute Specification Section 1.4 (1971) as now exists or as hereafter amended or modified. (Ord. 3349 § 1, 2007).
9.28.040 Enforcement authority.
The city’s community and economic development department along with the city attorney’s office and the city’s police department shall enforce this chapter and shall be responsible for the issuance of any notice, citation, or complaint. (Ord. 3349 § 1, 2007).
9.28.050 Designation of EDNAs.
Pursuant to the authority of Chapter 70.107 RCW and WAC 173-60-030(2), the city council designates all residentially zoned property within the boundaries of the city limits to be EDNA Class A (residential). EDNA Class A zones shall include zones designated as R-A, R-1, R-2, R-3, R-4, R-0, P, HD, P-O, and MHP. The council further designates all commercially zoned property within the boundaries of the city limits to be EDNA Class B (commercial). EDNA Class B zones shall include zones designated as LC, C-1, C-2, C-3, and C-4. The council further designates all industrially zoned property within the boundaries of the city limits to be EDNA Class C (industrial). EDNA Class C zones shall include zones designated as M-1 and M-2. (Ord. 3349 § 1, 2007).
9.28.060 Environmental sound levels – Quantitative standards.
A. It is unlawful for any person to cause noise, or for any person in possession of property to permit noise originating from such property to intrude into the real property of another person, which such noise exceeds the maximum permissible noise levels established by this chapter, with the point of measurement being at the property boundary of the receiving property or anywhere within. The noise limitations established are set forth in the following table after any applicable adjustments provided for in this chapter are applied:
|
|
EDNA of Receiving Property |
||
|---|---|---|---|
|
EDNA of Noise Source |
Class A |
Class B |
Class C |
|
Class A |
55 dBA |
57 dBA |
60 dBA |
|
Class B |
57 dBA |
60 dBA |
65 dBA |
|
Class C |
60 dBA |
65 dBA |
70 dBA |
B. Deviations. The following deviations from the maximum permissible noise levels are permitted:
1. 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.
2. At any hour of the day or night the applicable noise limitations in subsections A and B of this section may be exceeded for any receiving property by no more than:
a. Five dBA for a total of 15 minutes in any one-hour period; or
b. Ten dBA for a total of five minutes in any one-hour period; or
c. Fifteen dBA for a total of one and one-half minutes in any one-hour period.
C. If the measurements of sound are made with a sound level meter, the instrument shall be in good operating condition and shall meet the requirements for a Type I, S1A, Type II or S2A instrument, as described in American National Standards Institute Specifications as now exist or as hereafter amended or modified. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such a manner that the overall accuracy shall be at least that called for in the National Standards Institute specifications.
D. Exemptions. The following shall be exempt from the provisions of subsection A of this section 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 maintenance or repair of homes, grounds and appurtenances.
2. Sounds created by the discharge of firearms on authorized shooting 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.
E. Nighttime Exemption. The following shall be exempt from the provisions of subsection (B)(1) of this section:
1. Noise from electrical substations and existing stationary equipment used in the conveyance of water, wastewater, and natural gas by a utility.
2. Noise from existing industrial installations which exceeds 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 affect exemptions under this regulation, require approval of the director of the community and economic development department.
F. Exemptions Other Than Residential. The following shall be exempt from the provisions of subsection A of this section, except insofar as such provisions relate to the reception of noise within Class A EDNAs 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.
G. Other Exemptions. The following shall be exempt from all provisions of subsection A of this section:
1. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations;
2. Sounds created by surface carriers engaged in interstate commerce by railroad;
3. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes, and carillons;
4. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible;
5. Sounds created by emergency equipment and work necessary in the interests of law enforcement or for the health, safety or welfare of the community;
6. Sounds originating from motor vehicle racing events at existing authorized facilities;
7. Sounds originating from officially sanctioned parades and other public events;
8. Sounds emitted from petroleum refinery boilers during startup of said boilers; provided, that the startup operation is performed during daytime hours whenever possible;
9. Sounds created by the discharge of firearms in the course of hunting;
10. Sounds caused by natural phenomena and unamplified human voices;
11. Sounds created by motor vehicles, licensed or unlicensed, when operated off public highways, except when such sounds are received in Class A EDNAs;
12. Sounds originating from existing natural gas transmission and distribution facilities.
H. The standards provided in this chapter represent the minimum protections for citizens from noises which are deemed appropriate. The city is aware of technologies and techniques which would reduce the impact of noise on citizens even further, but has chosen not to require them due to the impact on existing commercial and industrial uses. The fact that a new commercial or industrial use will meet the requirements of this code does not preclude other steps for noise abatement being required by the city when considering conditional use permits and making SEPA determinations. Nothing in these exemptions is intended to preclude the director of community and economic development from requiring installation of the best available noise abatement technology consistent with economic feasibility. (Ord. 3349 § 1, 2007).
9.28.070 Public disturbance noise.
It is unlawful for any person to cause, or for any person in possession or control of property to allow to originate from the property, sound that is a public disturbance noise. The following sounds or acts are determined to be public disturbance noises or acts producing public disturbance noises:
A. It is unlawful for any person to operate, or for any owner to permit any person to operate, any motor vehicle upon the public highways or easement roads which is not equipped with a muffler in good working order, in constant operation, and which meets the requirements established by RCW 46.37.390 as it now exists or as may hereafter be amended;
B. Operation of a motor vehicle in such a manner as to intentionally cause, or allow to be emitted, squealing, screeching, or other such sound from the tires in contact with the ground because of rapid acceleration, intentional and unnecessary braking or excessive speed around corners or other such reason; provided, that sound resulting from emergency braking or emergency evasive action to avoid imminent danger shall not be considered a public disturbance noise;
C. Operation off of any improved public highway, street or alley of any motorcycle, or any motor vehicle intended for off-road use, or any motor vehicle not licensed for use on public highways, where the noise therefrom is audible in or on any residential property and unreasonably disturbs or annoys others so as to interfere with the peace and comfort of persons in residential districts;
D. The frequent, repetitive or continuous sounding of any horn, siren, or alarm attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;
E. Using or operating any mechanical or electronic device or loudspeaker in a fixed or movable position exterior to any building, or mounted upon a motor vehicle, aircraft, or boat for commercial or business advertising purposes or for the purpose of attracting attention to any performance, show or sale or display of merchandise, where the sound therefrom may be heard upon any public street, park, or place; provided, that nothing in this chapter is intended to prohibit incidental sounds emanating from a sporting or entertainment or public event; provided further, that ice cream or vegetable vendors whose sole method of selling is from a moving vehicle shall be exempt from this provision from the hours of 7:00 a.m. to 8:00 p.m. so long as the level of noise is not unreasonably loud;
F. Owning, keeping, possessing or harboring any animals which by frequent or habitual howling, barking, crowing or other noise-making can be heard in a residential zone except R-A zones; provided, that nothing in this chapter shall be construed to limit the applicability of Chapter 6.04 MVMC;
G. The erection, including excavation, demolition, alteration or repair, of any building other than between the hours of 7:00 a.m. to 10:00 p.m. except in case of urgent necessity in the interest of public safety and convenience, and then only by written permission of the building official or city engineer;
H. 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;
I. The use, operation or permitting to be used, played or operated any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound, and including portable audio equipment such as those devices commonly known as “boom boxes,” in such a manner as to unreasonably disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room or chamber in which such machine or device is operated and who are voluntary listeners thereto. To unreasonably disturb the peace, quiet and comfort of the neighboring inhabitants shall include, but not be limited to, the operation of any such set, instrument, phonograph, machine or device in such a manner as to be audible at a distance of 50 feet from the building or structure in which it is located or which is audible in any other structure or building when the doors and windows of such other building or structure are closed; provided, however, that nothing herein shall prohibit such sounds at or from a wedding, reception, party, musical or theatrical performance or other similar event where a permit therefor has first been obtained from the director of the parks department, and subject to such conditions and restrictions as the parks director shall designate. This shall not apply to regularly scheduled events at parks or schools, such as public address systems for baseball or football games or park concerts between the hours of 9:00 a.m. and 10:00 p.m.;
J. Operation of any power lawn mower, power snow remover or blower, chainsaw or other powered equipment used in temporary or periodic maintenance or repair of residential property or grounds, except between the hours of 7:00 a.m. to 10:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m. on weekends;
K. The operation of any aircraft for the purpose of take-off or landing where the noise therefrom is audible in or on any residential property, whether or not such aircraft is regulated by the Federal Aviation Administration or other federal law, and including those aircraft commonly referred to as “ultralights.” (Ord. 3681 § 1, 2016; Ord. 3349 § 1, 2007).
9.28.080 Compression brakes.
A. Except as provided in this chapter, no person shall use motor vehicle compression brakes within the corporate limits of the city of Mount Vernon. It shall be an affirmative defense to prosecution under this section that compression brakes were applied in an emergency to protect persons or property.
B. As used in this chapter, the term “compression brakes” means a device which, when manually activated, retards the forward motion of motor vehicle by the compression of the engine of the vehicle or any unit or part of the engine. “Compression brakes” are also referred to as “jake brakes.” (Ord. 3349 § 1, 2007).
9.28.090 Violation – Penalty.
A. Violations – Unlawful. The violation or failure to comply with any of the provisions of this chapter is declared to be unlawful.
B. Civil Noise Infraction. Any violation of the provisions of MVMC 9.28.070 or 9.28.080 is a civil noise infraction for which a monetary penalty may be assessed as follows:
1. Upon a first violation, a fine of $100.00;
2. Upon a second separate subsequent offense by the same violator within a one-year period of time, a fine of $200.00;
3. Upon a third separate subsequent offense by the same violator within a one-year period of time, a fine of $300.00.
The procedure for issuance of a notice of infraction and the processing thereof in the courts shall be substantially as set forth for traffic infractions pursuant to the infraction rules for courts of limited jurisdiction (IRLJ) as now or hereafter promulgated by the Washington State Supreme Court and Chapter 7.80 RCW.
C. Criminal Violations. Any violation of the provisions of MVMC 9.28.060 in addition to any other penalty provided in this chapter or by law is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 30 days, or by both. (Ord. 3349 § 1, 2007).
9.28.100 Purpose – Liability.
A. 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 especially protected or benefited by the terms of this chapter.
B. 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 city, 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 any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation of enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 3349 § 1, 2007).