Chapter 8.32
NOISE CONTROL
Sections:
8.32.030 Maximum permissible noise levels.
8.32.050 Noise-related complaints.
8.32.080 No third-party rights – Severability.
8.32.090 Administrative review – Appeals.
8.32.010 Purpose.
This chapter regulates noise that adversely affects the health, safety, and welfare of Sequim’s residents and visitors, the value of property, and the quality of the environment. It is the city’s policy to minimize the exposure of residents to the harmful physiological and psychological effects of excessive noise and associated public disruptions. (Ord. 2024-021 § 1 (Exh. A))
8.32.020 Definitions.
“Noise” means the intensity, duration, and character of sounds from any and all sources.
“Peace, comfort, and repose” means the standard by which a noise-related complaint or noise public nuisance will be determined under this chapter. It is a subjective standard as viewed through the lens of a reasonable person with reasonable sensibilities.
“Public nuisance,” for purposes of this chapter, has the same definition set forth in RCW 7.48.130, as enacted or amended. (Ord. 2024-021 § 1 (Exh. A))
8.32.030 Maximum permissible noise levels.
A. The following sources of sound occurring within the corporate limits of the city are deemed to exceed permissible noise levels if not exempted elsewhere in this chapter and may be subject to enforcement as described in this chapter:
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 are exempt when originating from lawfully operated animal shelters, kennels, pet shops, and veterinary clinics. Noise originating from privately owned dogs on their owner’s property is regulated under SMC 6.04.030(H);
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 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;
4. Yelling, shouting, hooting, whistling, or singing on or near the public streets, particularly between the hours of 10:00 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;
5. The use of a sound amplifier or other device capable of producing or reproducing amplified sound on public streets for the purpose of commercial advertising or sales or for attracting the attention of the public to any vehicle, structure, or property or the contents therein;
6. The making of any loud and raucous noise which unreasonably interferes with the use of any school, religious center, hospital, sanitarium, or nursing or convalescent facility;
7. The creation of frequent, repetitive, or continuous sounds which emanate from any building, structure, or property which can be heard at a distance greater than 50 feet from the source, or which unreasonably interferes with the peace, comfort, and repose of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions, or social gatherings;
8. Sound from audio equipment, including but not limited to tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source, and if not operated upon the property of the operator; or
9. The use of unmuffled engine compression brakes in violation of Chapter 10.09 SMC.
B. To be considered a violation, the noise must last at least 20 minutes and occur within the same area and adversely affect two or more property owners or residents. The noise does not need to be constant to meet this criteria. (Ord. 2024-021 § 1 (Exh. A))
8.32.040 Exemptions.
A. Noises That Are Exempt During Daytime Hours. The following noises are exempt from the provisions of this chapter between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends:
1. Noise created by temporary commercial or residential construction sites;
2. Noise created by powered equipment used in temporary or periodic maintenance or repair of property, including without limitation grounds and appurtenances, such as lawnmowers, powered hand tools, and composters, and including forest harvesting;
3. Noise created by the installation or repair of essential utility services; or
4. Noise created by bells, chimes, or carillons not operating for more than five minutes in any one hour.
B. Noises That Are Exempt at All Times. The following noises are exempt from the provisions of this chapter at all times of the day or night. However, nothing in these exemptions is intended to preclude the city from requiring installation of the best available noise abatement technology consistent with economic feasibility.
1. Noise originating from aircraft in flight;
2. Noise created by safety and protective devices, such as relief valves where noise suppression would defeat the safety release intent of the device;
3. Noise created by police/fire alarms or sirens, tsunami/earthquake sirens, or other noises that accompany public safety responses;
4. Noise created by emergency equipment, including without limitation emergency standby or backup equipment, and emergency work necessary in the interests of public health, safety, or welfare, and including without limitation any emergency work necessary to replace or repair essential utility services;
5. Noise created by auxiliary equipment on motor vehicles used for highway maintenance;
6. Noise originating from officially sanctioned parades, sporting events, and other public events;
7. Noise created by warning devices not operated continuously for more than 30 minutes per incident;
8. Noise created by existing stationary equipment used in the conveyance of water by a utility and noise created by existing electrical substations; or
9. Noise created by temporary construction activity on municipal projects. (Ord. 2024-021 § 1 (Exh. A))
8.32.050 Noise-related complaints.
A. The city may respond to and enforce noise-related complaints in any manner allowed by law, this chapter, or Chapter 1.13 SMC, Code Enforcement.
B. In the case of extreme or repeated violations of this chapter, the city may seek to enjoin the noise as a public nuisance. In such situations the source and content of the sound will not be considered.
1. In determining whether noise rises to the level of a public nuisance, the city may rely on a subjective standard based on a rebuttable presumption that certain sounds at certain times of the day constitute a violation impacting the peace, comfort, or repose of the public. The noise must affect the rights of an entire neighborhood or community before enforcement under this subsection may be considered.
2. The procedures for addressing and abating noise nuisances are the same as set forth in Chapter 8.04 SMC for other nuisance types. (Ord. 2024-021 § 1 (Exh. A))
8.32.060 Enforcement.
City law enforcement will generally only undertake enforcement of noise complaints from complainants who reside in, own property in, or are employed in the area affected by the noise complained of, or whose use of public property such as parks and recreational areas is being unreasonably disturbed by the noise. Nothing in this chapter may be interpreted to prohibit proactive enforcement. This chapter is not intended to prevent city law enforcement or code enforcement officers from notifying persons of violations or potential violations and requesting compliance. Noise-related violations will be enforced in any manner allowed by law or this chapter. Noise public nuisances will be abated and enforced in accordance with SMC 8.32.050(B) and Chapter 8.04 SMC (Nuisances). (Ord. 2024-021 § 1 (Exh. A))
8.32.070 Penalties.
Any person in violation of this chapter is subject to the civil penalties described in Chapter 8.04 SMC. The city reserves the right to pursue any other remedies and penalties allowed under state law and Chapters 1.12 and 1.13 SMC, as enacted and as may be amended. (Ord. 2024-021 § 1 (Exh. A))
8.32.080 No third-party rights – Severability.
A. It is the express 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 provisions of this chapter.
B. No provision of this chapter is intended to impose any duty upon the city or any of its officers or employees. Implementation and enforcement of this chapter is discretionary and not mandatory.
C. No provision of this chapter is intended to, nor may it be construed to, create or form the basis of any liability on the part of the city, or its officers, employees, or agents, for any injury or damage resulting from 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.
D. If any section, subsection, paragraph, sentence, clause, or phrase of this chapter or its application to any person or situation is declared unconstitutional or invalid for any reason, that decision does not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The Sequim city council declares that it would have adopted this chapter and each portion thereof irrespective of the fact that any portion is declared invalid or unconstitutional. (Ord. 2024-021 § 1 (Exh. A))
8.32.090 Administrative review – Appeals.
A. Persons who disagree with a city law enforcement action or decision taken under this chapter may request an administrative review by the chief of police. Requests for administrative review should be made in the same manner as described in Chapter 8.04 SMC.
B. Further appeals may be directed to the city’s hearing examiner in accordance with Chapter 1.13 SMC (Code Enforcement) and Chapter 2.10 SMC (Hearing Examiner).
C. Nothing in this chapter is intended to prevent any person from pursuing the remedies available under Chapter 70A.20 RCW, the Washington State noise control statute. (Ord. 2024-021 § 1 (Exh. A))