Chapter 8.50
NOISE CONTROL1
Sections:
8.50.030 Noise control officer – Creation.
8.50.040 Noise control officer – Powers and duties.
8.50.050 Identification of environments.
8.50.060 Maximum permissible environmental noise levels.
8.50.080 Public disturbance noises.
8.50.090 Nuisance regulations not prohibited.
8.50.130 Other rights, remedies, powers, duties and functions.
8.50.010 Scope and intent.
This chapter shall apply to the control of all sound originating within the city of Prosser. It is the policy of the city to minimize the exposure of citizens to the physiological and psychological dangers of excess noise, and to protect, promote, and preserve the public health, safety and welfare. In furtherance of this policy, it is the intent of the city council that noise be prohibited when it is in excess of specified decibel levels, as well as when it unreasonably disturbs the comfort, peace, and repose of others. (Ord. 2729 § 2, 2011).
8.50.020 Definitions.
As used in this chapter, unless the context or subject matter clearly requires otherwise, the following words or phrases shall have the following meanings:
A. “Background sound level” means the level of all sounds in a given environment, independent of the specific source being measured.
B. “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 twenty times the logarithm to the base ten of the ratio of the pressure of sound to a reference pressure of twenty micropascals.
C. “EDNA” means the environmental designation for noise abatement, being an area or zone (environment) within which maximum permissible noise levels are established.
D. “Multifamily units” shall include, but not be limited to: duplexes, triplexes, apartment houses and condominiums. The property lines of such units shall include the walls, ceilings and floors of each unit.
E. “Noise” means the intensity, duration and character of sounds, from any and all sources.
F. “Noise control officer” means the city’s code enforcement officer, building official, or any police officer, or any of their designees.
G. “Owner” shall include the owner or owners of the premises or lesser estate therein, a mortgagee or vendee in possession, an assignee for rents, receiver, executor, trustee or other person, firm, entity, or corporation in control of a building or property.
H. “Person” means any individual, corporation, partnership or association, or other entity and the agents, employees, servants and legal successors thereof; or agency of state, county or municipal government; or agency of the federal government which is subject to the jurisdiction of the state of Washington.
I. “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.
J. “Receiving property” means real property within which the maximum permissible noise levels specified herein shall not be exceeded from sources outside such property.
K. “Shoreline” means the existing intersection of water with the ground surface or with any permanent shore-connected facility.
L. “Sound level meter” means a device which measures sound pressure levels and conforms to Type 1s or Type 2s as specified in the American National Standards Institute Specifications. (Ord. 2729 § 3, 2011).
8.50.030 Noise control officer – Creation.
The position of noise control officer is hereby created. The noise control officer shall be the building official of the city, the code enforcement officer of the city of Prosser and any police officer, or any of their designees. (Ord. 2729 § 4, 2011).
8.50.040 Noise control officer – Powers and duties.
In order to implement this chapter, the noise control officer or his designee shall:
A. Conduct, or cause to be conducted, research, monitoring and other studies related to sound.
B. Conduct programs or public education related to causes, effects and methods to abate and control noise.
C. Encourage the participation of public interest groups in such public information efforts.
D. Cooperate with all appropriate state and federal agencies.
E. Draft needed noise control regulations.
F. Recommend entering into contracts with the approval of the city council for providing technical and enforcement services.
G. Review public and private projects and advise whether such projects are likely to cause violations of this chapter.
H. Require the owner or operator of any commercial or industrial activity to measure the sound level from any source in accordance with the methods and procedures and at such locations and times as the noise control officer may reasonably prescribe and to furnish reports of the results of such measurements to the noise control officer. The noise control officer may require the measurements to be conducted in the presence of his enforcement officials.
I. Seek noise program grants and other funds and gifts from public and private sources. (Ord. 2729 § 5, 2011).
8.50.050 Identification of environments.
A. The EDNA of any property shall be based on the following typical uses:
1. Class A EDNA. Lands where human beings reside and sleep. Typically, Class A EDNAs will be the following types of property used for human habitation:
a. Residential;
b. Multiple-family living accommodations;
c. Recreational and entertainment (e.g., camps, parks, camping facilities and resorts); and
d. Community service (e.g., orphanages, homes for the aged, hospitals, health and correctional facilities).
2. Class B EDNA. Lands involving uses requiring protection against noise interference with speech. Typically, Class B EDNAs will be the following types of property:
a. Commercial living accommodations;
b. Commercial dining establishments;
c. Motor vehicle services;
d. Retail services;
e. Banks and office buildings;
f. Miscellaneous commercial services; property not used for human habitation;
g. Recreation and entertainment; property not used for human habitation (e.g., theaters, stadiums, fairgrounds and amusement parks); and
h. Community services; property not used for human habitation (e.g., educational, religious, governmental, cultural and recreational facilities).
3. Class C EDNA. Lands involving economic activities of such a nature that higher noise levels than experienced in other areas are to be anticipated. Persons working in these areas are normally covered by noise control regulations of the Department of Labor and Industries. Uses typical of Class A EDNAs are generally not permitted within such areas. Typically, Class C EDNAs will be the following types of property:
a. Storage, warehouse and distribution facilities;
b. Industrial property used for the production and fabrication of durable and nondurable manmade goods; and
c. Agricultural and silvicultural property used for the production of crops, wood products or livestock.
B. Land classification shall conform with Title 18, Zoning, as follows:
1. Class A EDNAs are districts primarily utilized for residential purposes in the city and include RR, RL, RMS, RM, RH, RMP, SSR, UR, and PF. Any future zoning change will also control the EDNA classification (e.g., if an RL is changed to I, the I EDNA would apply).
2. Class B EDNAs are districts primarily utilized for commercial purposes in the city and include CN, CD, CG, CT, CP, and AT.
3. Class C EDNAs are districts primarily utilized or potentially utilized for industrial purposes in the city and include IL, IH, and A. EDNA designations shall be amended as necessary to conform to zone changes under Title 18.
4. A property with a conditional use permit in the city shall be governed by the lowest decibel level of the zoning district of the property.
5. When one district abuts other districts, the lowest decibel level shall apply. (Ord. 2729 § 6, 2011).
8.50.060 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 levels set forth below in this section.
A. The noise limitations established are as set forth in the following table after any applicable adjustments provided for herein are applied.
|
EDNA OF NOISE SOURCE |
EDNA OF RECEIVING PROPERTY |
||
|---|---|---|---|
|
Class A |
Class B |
Class C |
|
|
CLASS A |
55 dBA |
57 dBA |
60 dBA |
|
CLASS B |
57 |
60 |
65 |
|
CLASS C |
60 |
65 |
70 |
B. Between the hours of ten p.m. and seven a.m., the noise limitations of the table in subsection A of this section shall be reduced by ten dBA for receiving property within Class A EDNAs.
C. 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:
1. Five dBA for a total of fifteen minutes in any one-hour period; or
2. Ten dBA for a total of five minutes in any one-hour period; or
3. Fifteen dBA for a total of one and one-half minutes in any one-hour period.
D. No construction, excavation, hauling or removal of fill shall be permitted before the hour of nine a.m. on Saturday or Sunday.
E. If the background sound level is above the maximum permissible environmental noise levels set forth in this section, the maximum permissible sound source level in excess of the background sound level shall be ten decibels, measured at or within a receiving property. (Ord. 2729 § 7, 2011).
8.50.070 Exemptions.
A. The following shall be exempt from Section 8.50.060 between the hours of seven a.m. and ten p.m.:
1. Sounds originating from residential property relating to temporary projects for the construction, maintenance, or repair of homes, grounds and appurtenances.
2. Sounds created by the discharge of firearms on authorized shooting or firing 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.
B. The following shall be exempt from Section 8.50.060(A):
1. Noise from electrical substations and existing stationary equipment used in the conveyance of water or wastewater by a utility.
2. Noise from existing industrial installations which exceed the standards contained in these regulations and which, over the previous three years, have consistently operated in excess of fifteen 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 noise control officer.
C. The following shall be exempt from Section 8.50.060, except insofar as such provisions relate to the reception of noise within Class A EDNAs between the hours of ten p.m. and seven a.m.:
1. Sounds originating from temporary construction sites as a result of construction activity.
D. The following shall be exempt from Section 8.50.060:
1. Except as otherwise provided for by this chapter, sounds created by motor vehicles when regulated by Chapter 173-62 WAC.
2. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations.
3. Sounds created by surface carriers engaged in interstate commerce by railroad.
4. Sounds created by warning devices not operated continuously for more than five minutes or bells, chimes and carillons.
5. Sounds created by safety and protective devices where noise suppression could defeat the intent of the device or is not economically feasible.
6. Sounds created by emergency equipment and work necessary in the interests of law enforcement or for health, safety or welfare of the community.
7. Sounds originating from motor vehicle or motorcycle-racing events at existing authorized facilities, or being sanctioned by a responsible authority.
8. Sounds specifically permitted by a special event permit issued in accordance with Chapter 5.30.
9. Sounds emitted from petroleum refinery boilers during startup of said boilers; provided, that the startup operation is performed during daytime hours whenever possible.
10. Sounds caused by unamplified human voices, except for public disturbance noises as set forth in Section 8.50.080.
11. Animal noises which are regulated.
12. Except as otherwise provided for in this chapter, sounds created by motor vehicles, licensed or unlicensed, when operated off public highways except when such sounds are received in Class A EDNAs.
13. Sounds created by unamplified human voices in city parks, or created by recreational or sports activities in city parks, between the hours of ten a.m. and eleven p.m. from May 1st to September 1st.
14. Sounds created by school-sponsored events at Prosser School District facilities. (Ord. 2729 § 8, 2011).
8.50.080 Public disturbance noises.
A. General Prohibition. In addition to sounds that exceed the maximum permissible sound levels described in this chapter, it is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public disturbance noise.
B. Definition. “Public disturbance noise” means any noise, sound or signal which unreasonably disturbs the comfort, peace, or repose of another person or persons without regard to sound level measurement, and to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a police officer. The following sounds are declared to be public disturbance noises for the purposes of this section:
1. 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 by animal shelters or commercial kennels, veterinary hospitals, pet shops, or pet kennels licensed under and in compliance with applicable regulations shall be exempt from this subsection.
2. The 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.
3. The creation of frequent, repetitive, or continuous sounds in connection with the starting, operation, repair, maintenance, rebuilding, or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine in any residential district so as to unreasonably disturb or interfere with the peace, comfort, and repose of owners or possessors of real property.
4. Yelling, shouting, hooting, whistling or singing on or near the public streets, between the hours of eleven p.m. and seven a.m., so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property.
5. The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium, or yard or parking lot adjacent thereto, which unreasonably interfere with the peace, comfort, and repose of owners or possessors of real property, such as sounds from audio equipment, musical instruments, televisions, band sessions, or social gatherings.
6. 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 fifty feet from the vehicle itself on any property or on a street as defined in Chapter 46 RCW.
7. Sound from audio equipment, such as loudspeakers, amplification equipment, tape players, radios and compact disc players, operated at a volume audible greater than fifty feet from the source and not operated upon the property of the operator or with the knowledge, permission or consent of the owner or legal occupant of the property, and if operated on the property of the operator or with the knowledge, permission or consent of the owner or legal occupant of the property, then so as to be audible greater than fifty feet from the boundary of the property. For the purposes hereof, any sound, music or other noise emanating from fixed or portable audio equipment of or in a business shall be presumed to be with the knowledge, permission or consent of the owner or legal occupant of the property, which presumption may be rebutted by reasonable evidence to the contrary.
8. Any other frequent, repetitive, or continuous noise, sound or signal within a residential district which unreasonably disturbs or interferes with the comfort, peace and repose of owners or possessors of real property.
C. Exemptions. This section shall not apply to the following:
1. Sounds specifically permitted by a special event permit issued in accordance with Chapter 5.30.
2. Sounds originating from residential property between the hours of seven a.m. and ten p.m., relating to temporary projects for the maintenance or repair of homes, grounds, or appurtenances, including but not limited to sounds of lawn mowers, hand power tools, chain saws, snow removal equipment and composters.
3. Sounds originating from construction sites, including but not limited to sounds from construction equipment, power tools and hammering, between seven a.m. and ten p.m.
4. Public construction projects, emergency construction or repair by public utility agencies, emergency vehicle operation or actions by emergency service providers or any other emergency repair and construction to prevent further damage to persons or property during floods or windstorms or other property- or life-threatening emergencies which may occur.
5. Sounds specifically exempted by Section 8.50.070. (Ord. 2729 § 9, 2011).
8.50.090 Nuisance regulations not prohibited.
Nothing in this chapter shall be construed as preventing the city from regulating noise from any source as a nuisance. (Ord. 2729 § 10, 2011).
8.50.100 Variances.
A. Generally. The noise control officer shall have the authority to grant a variance where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this noise control code might result from the strict application of its provisions.
B. Application. The property owner or his agent may make application to the noise control office for a variance on forms provided by that office.
C. Public Hearing. The noise control officer shall hold a public hearing on any proposed variance and shall give notice thereof by one publication in the city’s official newspaper at least ten days prior to the hearing. Notice shall be given to all property owners within a radius of at least three hundred feet of the subject property’s boundaries, and, when determined by the noise control office, a greater distance of the exterior boundaries of the subject property.
D. Conditions for Granting Variances. Before any variance may be granted, it shall be known and the noise control officer shall find:
1. The variance shall not constitute a grant of special privileges inconsistent with a limitation upon uses of other properties in the vicinity and zone in which the subject property is located;
2. That such variance is necessary, because of special circumstances relative to size, topography, location or surroundings of the subject property, to provide it with the rights and privileges enjoyed by other property owners in the vicinity and in the zone in which the property is located; and
3. That the granting of the variance will not be materially detrimental to the comfort, repose, health or safety of the public.
E. Noise Control Officer Action and Validity. The decision of the noise control office shall be final and conclusive. Any variance authorized by the noise control office shall expire by limitation if the use necessitating the variance is not begun within one year of authorization or if the use is discontinued, suspended or abandoned for any one-year period. (Ord. 2729 § 11, 2011).
8.50.110 Enforcement.
The noise control officer, as well as other persons designated by the city administrator, shall have the authority to enforce the provisions of this chapter and have the authority to issue civil infractions for violation of this chapter. (Ord. 2729 § 12, 2011).
8.50.120 Penalties.
Violation of the provisions of this chapter shall be a Class 1 civil infraction to be issued in accordance with Chapter 1.40. The city shall have no duty to obtain voluntary correction before issuing a civil infraction under this chapter. Each day during which a violation occurs or exists shall be deemed a separate civil infraction. Except for a violation of Section 8.50.080(B)(6), three separate subsequent violations of this chapter by the same violator within any twelve-month period of time shall constitute a misdemeanor, punishable by a maximum fine of one thousand dollars and maximum confinement in jail for ninety days, or both such fine and confinement. (Ord. 2729 § 13, 2011).
8.50.130 Other rights, remedies, powers, duties and functions.
A. Nothing in this chapter shall be construed to deny, abridge or alter an alternative right of action or remedies in equity or under common law or statutory law, criminal or civil.
B. Nothing in this chapter shall deny, abridge or alter any powers, duties and functions relating to noise abatement and control now or hereafter vested in any state agency, nor shall this chapter be construed as granting jurisdiction over the industrial safety and health of employees in work places, as now or hereafter vested in the Department of Labor and Industries. (Ord. 2729 § 14, 2011).
8.50.990 Severability.
If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. (Ord. 2729 § 15, 2011).
Code reviser’s note: The city has established October 1, 2011, as the effective date for this chapter.