Chapter 8.13
NOISE CONTROL
Sections:
8.13.030 Maximum permissible sound levels.
8.13.040 Modification to maximum permissible sound levels.
8.13.050 Public disturbance noises.
8.13.060 Sounds exempt at all times.
8.13.070 Sounds exempt during daytime hours.
8.13.080 Measurement of sound.
8.13.090 Compression brakes prohibited – Exception.
8.13.120 Provisions additional to other law.
8.13.010 Definitions.
As used in this chapter:
A. “Construction” means any site preparation, assembly, erection, demolition, substantial repair, alteration or similar action for or of public or private rights-of-way, structures, utilities or similar property.
B. “dB” means the sound level measured in decibels, using the “A” weighting network.
C. “EDNA” means the Environmental Designation for Noise Abatement, as defined and described by the State Department of Ecology Regulations on Environmental Noise Levels, Chapter 173-60 WAC.
D. “Equipment” means any stationary or portable device or any part thereof capable of generating sound.
E. “Noise” means the intensity, duration and character of sounds from any and all sources.
F. “Person” means any individual, firm, association, partnership, corporation or any other entity, public or private.
G. “Real property” means an interest or aggregate of rights in land which is guaranteed and protected by law; for purposes of this chapter, “real property” includes a leasehold interest.
H. “Receiving property” means real property within which sound originating from outside the property is received.
I. “Sound level” means the weighted sound pressure level measured by the use of the metering characteristics and weighted as specified in American National Standards Institute Specifications, Section 1.4-1971. The sound pressure level of a sound expressed in decibels is twenty times the logarithm to the base ten of the ratio of the pressure of the sound to the reference sound pressure of twenty micropascals. In the absence of any specific modifier, the level is understood to be that of a mean-square pressure.
J. “Sound level meter” means a sound level measuring device, either type I or type II, as defined by American National Standards Institute Specifications, Section 1.4-1971.
K. “Special construction vehicle” means any vehicle which is designed and used primarily for grading, paving, earthmoving and other construction work; which is not designed or used primarily for the transportation of persons or property on a public highway; and which is only incidentally operated or moved over the highway.
L. “Warning device” means any device intended to provide public warning of potentially hazardous, emergency or illegal activities, including, but not limited to, a burglar alarm.
M. “Weekday” means any day Monday through Friday which is not a legal holiday.
N. “Weekend” means Saturday and Sunday or any legal holiday. (Ord. 2017-25 § 2, 2017: Ord. 95-7 § 1(Exh. A)(part), 1995).
8.13.020 Prohibited acts.
It is unlawful for any person to cause sound, or for any person in possession of property to permit sound originating from such property, to intrude into the real property of another person whenever such sound exceeds the maximum permissible sound levels established by this chapter. (Ord. 95-7 § 1(Exh. A)(part), 1995).
8.13.030 Maximum permissible sound levels.
A. For sound sources located within the city, the maximum permissible sound levels are as follows:
|
District of Sound Source |
District of Receiving Property Within the City of Walla Walla |
|||
|---|---|---|---|---|
|
|
Rural |
Residential |
Commercial |
Industrial |
|
Rural |
49 dB (A) |
52 dB (A) |
55 dB (A) |
57 dB (A) |
|
Residential |
52 dB (A) |
55 dB (A) |
57 dB (A) |
60 dB (A) |
|
Commercial |
55 dB (A) |
57 dB (A) |
60 dB (A) |
65 dB (A) |
|
Industrial |
57 dB (A) |
60 dB (A) |
65 dB (A) |
70 dB (A). |
B. For sound sources located outside the city, the maximum permissible sound levels are as follows:
|
EDNA of Sound Source |
District of Receiving Property Within the City of Walla Walla |
|||
|---|---|---|---|---|
|
|
Rural |
Residential |
Commercial |
Industrial |
|
Class A |
52 dB (A) |
55 dB (A) |
57 dB (A) |
60 dB (A) |
|
Class B |
55 dB (A) |
57 dB (A) |
60 dB (A) |
65 dB (A) |
|
Class C |
57 dB (A) |
60 dB (A) |
65 dB (A) |
70 dB (A). |
(Ord. 95-7 § 1(Exh. A)(part), 1995).
8.13.040 Modification to maximum permissible sound levels.
The maximum permissible sound levels established by this chapter shall be reduced or increased by the sum of the following:
A. Between the hours of ten p.m. and seven a.m. during weekdays, and between the hours of ten p.m. and nine a.m. on weekends, the levels established by Section 8.13.030 of this chapter are reduced by ten dB (A) where the receiving property lies within a residential district of the city.
B. For any source of sound which is periodic, which has a pure tone component, or which is impulsive and is not measured with an impulse sound level meter, the levels established by this chapter will be reduced by five dB (A).
C. For any source of sound which is of short duration, the levels established by this chapter are increased by:
1. Five dB (A) for a total of fifteen minutes in any one-hour period; or
2. Ten dB (A) for a total of five minutes in any one-hour period; or
3. Fifteen dB (A) for a total of 1.5 minutes in any one-hour period. (Ord. 95-7 § 1(Exh. A)(part), 1995).
8.13.050 Public disturbance noises.
A. 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. A public disturbance noise is a sound identified in subsection B or C of this section. A public disturbance noise is unlawful without regard to its measured sound level.
B. The following sounds are determined to be public disturbance noises when the sound would unreasonably disturb the peace, comfort or repose of a recipient of the sound having ordinary and normal sensibilities:
1. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as specifically permitted or required by law;
2. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine;
3. The making of any loud and raucous sound within one thousand feet of any school, hospital, sanitarium, nursing or convalescent facility;
4. The creation, by use of a musical instrument, whistle, 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 or property located within a residential district, such as sounds originating from a band session or social gathering; and
5. The frequent, repetitive or continuous sounds caused by the vocal emanations of any animal kept on the property of the sound source which continue for periods in excess of ten minutes between the hours of ten p.m. and seven a.m., or which continue for periods in excess of twenty minutes between the hours of seven a.m. and ten p.m.
C. The following sounds are determined to be public disturbance noises:
1. Sound from motor vehicle sound systems operated at a volume so as to be audible greater than fifty feet from the vehicle itself; and
2. The use of a sound amplifier or other device capable of producing or reproducing amplified sound upon public streets for the purpose of attracting the attention of the public to any vehicle, structure or property or the contents therein; except for sounds originating from officially sanctioned parades and other officially sanctioned public events, or as specifically permitted or required by law. (Ord. 2017-25 § 3, 2017: Ord. 2002-11 § 1, 2002; Ord. 95-7 § 1(Exh. A)(part), 1995).
8.13.060 Sounds exempt at all times.
The following sounds are exempt from the provisions of Sections 8.13.030 and 8.13.040 at all times:
A. Sounds originating from aircraft in flight and sounds which originate at airports and are directly related to flight operations;
B. Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release intent of the device;
C. Sounds created by fire alarms;
D. Sounds created by emergency equipment and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community;
E. Sounds caused by natural phenomena;
F. Sounds created by auxiliary equipment on motor vehicles used for highway maintenance;
G. Sounds created by warning devices not operated continuously for more than five minutes per incident;
H. Sounds originating from officially sanctioned parades and other officially sanctioned public events. (Ord. 2018-37 § 2, 2018: Ord. 2017-25 § 4, 2017: Ord. 95-7 § 1(Exh. A)(part), 1995).
8.13.070 Sounds exempt during daytime hours.
The following sounds are exempt from the provisions of Sections 8.13.030 and 8.13.040 between the hours of seven a.m. and ten p.m. on weekdays and between the hours of nine a.m. and eleven p.m. on weekends:
A. Sounds created by bells, chimes or carillons not operating for more than five minutes in any one hour;
B. Sounds created by the discharge of firearms on legally established shooting ranges;
C. Sounds created by permitted blasting;
D. Sounds created by aircraft testing and maintenance; provided, that such exemption shall begin at six a.m. daily;
E. Sounds originating from temporary construction sites as a result of construction activity;
F. Sounds created by the installation or repair of essential utility services;
G. Sounds created by maintenance operations on public facilities;
H. Sounds created by powered equipment used in temporary or periodic maintenance or repair of residential property, including grounds and appurtenances, such as lawn-mowers, powered hand tools, snow removal equipment and composters;
I. Unamplified human voices. (Ord. 2018-37 § 3, 2018: Ord. 2017-25 § 5, 2017: Ord. 95-7 § 1(Exh. A)(part), 1995).
8.13.080 Measurement of sound.
If the measurement of sound are made with a sound level meter, it shall be an instrument in good operating condition and shall meet the requirements for a type I or type II instrument, as described in American National Standards Institute Specifications, Section 1.4-1971. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such manner that the overall accuracy shall be at least that called for in Section 1.4-1971 for type II instructions. (Ord. 95-7 § 1(Exh. A) (part), 1995).
8.13.090 Compression brakes prohibited – Exception.
A. Except as provided in this section, no person shall use motor vehicle brakes which are in any way activated or operated by the compression of the engine of any such motor vehicle or any unit or part thereof. It shall be an affirmative defense to prosecution under this section that said compression brakes were applied in an emergency and were necessary for the protection of person and/or property.
B. This section shall not apply to any member of the Walla Walla fire department operating a Walla Walla fire department vehicle. (Ord. 95-7 § 1(Exh. A)(part), 1995).
8.13.095 Variances.
The city manager may grant variances to particular requirements of this chapter as follows:
A. Variances shall be issued only upon written application submitted at least three public business days prior to the commencement of the period for which the variance is requested and after an applicant provides all information requested by the city;
B. Findings must be made by the city that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source, or because of nonavailability of feasible technology or control methods;
C. A variance may not exceed thirty days; provided, that a variance may be renewed for a minimum time period found to be necessary under the facts and circumstances; and
D. A variance may be revoked at any time with cause. (Ord. 2016-13 § 1, 2016).
8.13.100 Enforcement.
The chief of police is authorized and directed to enforce the provisions of this chapter. Upon request of the chief of police, all other city departments and divisions are authorized to assist them in the enforcement of this chapter. (Ord. 95-7 § 1(Exh. A)(part), 1995).
8.13.110 Penalty.
Anyone violating or failing to comply with the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be subject to the penalty provided by state law as now existing or hereafter amended for the same violation or type (degree) of violation, but not to exceed a one thousand dollar fine or ninety days in jail or both. If no state law provides for such penalty, then the penalty shall be a one thousand dollar fine or ninety days in jail or both. Each day a violation of this chapter continues shall be considered a separate offense. (Ord. 95-7 § 1(Exh. A) (part), 1995).
8.13.120 Provisions additional to other law.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other claim, cause of action or remedy, nor shall proof of a violation of this chapter constitute prima facie proof of any private cause of action. Unless specifically provided, this chapter shall not 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 on noise. (Ord. 95-7 § 1(Exh. A)(part), 1995).