Loading...
Dick's Drive In-Noise Levels.pdfMessage lftConnefl, Jeaaiie Frons- McConnell,lewfle Sent: Monday, May 16, 2011 4:33 PM To'. 'pliilg,l<allse�iai"chite(;itii-e.coryi'-,"Kari Frazier' Cc: Bjorback, Leif SUbjeCt: Di(*'s Drive. -In - Noise L.evels Good afternoon Ken and PIA, Page I of 1 I've attached for You a map showing the parceIs surrounding Top Foods/Dick's property and the zone each parcel) falls within, I've also attached a copy of the Edmonds City Code section that regulates noise levels. As 6scussed on site, the working hours on the property are regulated by the noise levels as measured from the receiving property. The allowable noise levels at a residential receiving property are less than what is a allowed at a commercial receiving property. The closest multi-family/residential property appears to be located adjacent to the NW corner of the Top Foods property. Rease let me know if you have any questions, Regards, Jean i'e McConnell i 'rgineering Program Manager City of Edmonds Public Works Dpartment 121 SL" Avenue North, Edmonds WA 98020 425.771.0220 x1338 5/17/2011 S.28160 5.21,3,,030 Def naxid in g a. pu Oil ic u Wity T'he foHowing statutes of.• the statu, of Wash- hIgt011 41611dilIg all FULLWC, a.mendinents, are adopted by reference as if set forth in fuH hoer ei'll � RCW 9A k J,O 1. 01 Deoptions 99.61.020 Defrauding as public utifily 99.61.050 Def-auding apubfiC Utility in the third degree 99.61,060 Restitution and costs 99,61,0 70 Damages not precluded [Ord. 2853 § 26, 1'991; Ord. 2752 § 2, (990]. (Revsed 5/02) ' 38 C'hapter 5.30 S(.'CiJoflll;: 530.0 10 Declaration of policy. 530,020 Definitions. 530,030 Unlawful sounds, 530.040 Maxinauni. per.raissibleSOLUld levels. 5.30.050 Modification to niaximurn permissible sound levels. 5,30.060 N4otor vehicle noises — Stationary test 5.30.070 Motor vehicle noises — Road test. 5.30.080 Mufflers, 5.30.090 Tire noise. 5.30.100 E)cernptiojis. 5.30.110 Sounds exenipt during daylin-ic hours 5.30.1"0 Variances. -5,30,130 Public disturbance noises. 530.140 Citizen con-iplaints, 5.30.150 Penalties, 5.30.160 Severability, 530.200 Quiet zones — Establishment. 5,30,210 Criteria for establishing a quiet zoue. 5.30,220 Quiet, zone signs. 5.30.230 Noise prohibited in quiet zones. 5.30.24.0 Schedule of quiet zones. 5. 0.010 Declaration of policy. It is hereby declared to be the policy of the city of Edmonds to rrdniinize the exposure of citizens to the physiological. and psychological dangers of excessive noise and to protect, pro- mote 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 commerce, the use, value and enjoyment of property, sleep and repose, and the quality of the environment. [Ord. 2531, 1985; Ord. 2193, 1981], 5.30,020 DeRniflons. As used in this chapter, the following ternis 5.30.N0 WON The 1-11aXiM11111 f)(r.1_rHSSiblC SOL111d 1CVCJ aS me".1sure'd at [11c Property fille or anywhere within. the receiving po3pe)."ty shall be as set forth 'M ific following iable- INstriell Of S',ound ]'l %m of' Receiving Pmperty Residenthal Businuis Commercial Residential 55 dB(A) 57 60 Busilless 57 60 65 Commercial 60 65 70 Commercial 60 65 I Ord, 253.1, 1985; Ord. 2.193 § 5, 1981 ]. The maxinimn permissible sound levels established by this chapter shall be reduced or increased by the SUm, of the, following: A. Betwee.n the hours of 10:00 p.m. and 7:00 a.m. the noise levels shall be reduced by 10 dB(A) for receiving property within resi- dential districts, except for noise from electri- cal substations and existing stationary equip- nient used in conveyance of water by a utility. B. At arty hour of the day or night, the applicable noise levels may be exceeded for any receiving property by no more than: 1. 5 dB(A) for as total of 15 minutes in any one hour period, or 1 10 dB(A) for as total of five minutes in any one hour period, or 3. 15 dBA) for a total of 1.5 minutes in any one hour period. [Ord, 2531, 1985; Ord. 21.93 § 6, 1981]. 5.30,060 Motor vehicle noises —Stationary test. It is unlawful for any person to operate any motor vehicle upon any public highway or casement road if the vehicle exhaust systern exceeds the maximurn permissible sound lev- els for the category of vehicle as measured at as distance of 20 inches (.5 meter) from the exhaust outlet under PrOCedUreS set, forth in 511410 WAC 204-56, ',is now cf'J.sts oz as hei"eafter adopted or amended. Vehicle, Category DO odel Year 1w1fax. Sound Level fVlotorcych's Before 19V,6 99 d11,(A) Afflomobiles, light trkicks, aad 1notor Vehicles 10,000 Pound"; GVWR or less Defore 1986 95 dB(A) All molor vehicles over 10,000 POLUICIS GVWR Befoi-e 1.986 86) dB(A) 'While on real property other than highways or easement roads, motor vehicles shall not exceed the maximum permissible sounds as soccified herein for other than motor vehicles. ]Ord, 2531, '1985; Or(t 2.193 § 7, 1981]. S.30.070 Motor vehicle nolses — Road test. It is unlawful for any person to operate any motor vehicle or any combination of inotor vehicles upon any public highway or easernent, roadunder any conditions of grade, load, accel- eration or deceleration in such a manner as, to exceed the maximum 1.)ermissible sound levels for the category of vehicle as measured at a dis- tance of 50 feet from the center of the latie of [ravel within the speed limit specified under procedures set forth in WAC 204456, as now exists or as may hereafter be amended or mod- ified: Vehicle Category 45 mph or less Over 4S niph Motorcycles 78 dB(A) 82 dB(A) Motor vehicles over 10,000 POLInds GVWR 86 dB(A) 90 dB(A) All offier motor vehicles 72 dB(A) 78 dB(A) While on real property other than highways or casement roads, motor vehicles shall not exceed the rnaxirnum permissible sounds as specified herein for other than motor vehicles. [Ord. 2531, '1985; Ord. 2193 § 8, 1,981]. 5.30.080 Mufflers. It is unlawful for any person to operate, or for any owner to per any person to operate, any motor vehicle upon the public highways or ca.sement roads which is not equipped with a Edmond,; City Code rnuffler in good working order, in constant operation, and which niccts the. cecluirrmcnis established by RCW 46.37.390 as now t-xisls or as rjaay hei-eafier be amcnded. [0rd. 2531, 19 8 5; 0, r, 2 P9 3 § 9, l 98 h ] 5-150AM) Th,e noise,, It is, unlawM for any person lo operate ,,j motor vchi(Aein such a manner as, to cause or allow to be eniifted squealing, screeching oi other such sound from the tires in contact, with the gFOUnd or other roadway surface because of rapid acceleration or excessive speed around corners or other such reason-, provided, that [tie sounds resulting from emergency braking to ,,Avoid imi-ninent danger shall be exempt trorn this section. [Ord. 2531, 1985- Ord. 2193 § 10, 1981]. 5.30.100 Exemptions. The following sounds are exempt from the provisions of this chapter at all tirnes: A. Noises caused by Motor Vehicles Used for highway maintenance or noises caused. in the perforn-iance of ernergency work for the immediate safety, health or welfare of the 5.30. 120 general public is solicited to attend without charge and sounds originating frmn Neague, o), !"",chool sponsoredathletic events. 11. SCUIld-, caused by natural phenoniena v6ces, exccp[for pub- Uc disturbance noises rLs set f0r(h In ECC 5.30.130. [Ord. 2531, 1985; Ord, 21.93 l 11, 981 '/// M, A� The following sounds are exe nipt from the provisions of this chapter between the hours of 7:00 a, i n. to 10 00 p.m.: 1. Sounds originating from residential property relating to homeow n er-- ( spon sore d. temporary projects for the maintenance and repair of existing boracs and grounds, includ- ing but not limited to lawn mowers, saws, hammering and gardening, This exemption applies to the construction of such incidental appurtenances for existing homes as Fences, decks, patios, carports, swinu-i-drig pools, ponds, walkways and private kennels. This exemption excludes sounds from race velli- cle,s, com.munity or of individuals of the coni u- 2. Sounds created by blasting. pity, or to restore property in a safe condition 3, Sounds created by the installation or following a public calamity. repair of essential utility services or public B. Sounds created by bells, chimes or caril- road projects. IODS not operating forinore than Live irlinutes"V1114111"o"I'af fe %dB. Sfrom 'Sounds originating frteinporary con - ro" in any one hour.ill i-LICtion sites as a result of construction activ- C. Sounds originating frorn aircraft in ity are exempt from the provisions of this flight, and from watercraft. chapter, but only during the hours of 7:00 ani, D. Sounds created by safety and protective to 6:00 p.irn. on weekdays and 10:00 a.m. to devices, such as relief valves, where noise sup- 6:00 p.m. on Saturdays, excluding Sundays pression would defeat the safety release pur- and federal holidays, [Ord, 34-69 § 1, 2003; pose of the device. Ord. 2531, 1985; Ord. 2193 § 12, 1981 E. Sounds created by fire alarms and emer- gency equiparient operated by law enforce -- 1 41 fire figersand aid personnel. men�9oundslatcreatd,d A. Variances may begranted to any person Fby the operation of roni any requirement of ECC 5.30.04-0 or equipment or facilities of surface carriers 5.30.1.10 if findings are made that immediate engaged in cornmerce by railroad. compliance with such requirement cannot be G. Sounds originating fron'l officially sane- achieved because of special circurnstances ren_ tinned parades and other events to which the dering lunn-iodjaie compliance unreasonable in 5_4P (Revised 12/03) Edmonds City Code F. Sounds made for any duration or fre- quency front the starting and/or running of the engine of a race vehicle. [Ord. 2531, 1985; Ord. 2193 § 14, 19811. 5,30.140 Citizen complaint& Whenever it is stated in writing by tree or more persons having separate residences in a neighborhood that any person is violating any of the provisions of this chapter, the noise con- trol administrator shall advise the person of the complaint and that such violation is a nuisance and must cease. Failure of any person to cease any violation of this chapter shall be deemed a misdemeanor. [Ord. 2853 § 27, 1991; Ord. 2531, 1985; Ord. 2193 § 15, 1981]. 5.30.150 Penalties. Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be sentenced to a fine not to exceed $1,000. [Ord. 2853 § 28, 1991; Ord. 2531., 1985; Ord. 2193 § 16, 19811. 5.30.160 Severability. If any word, phrase or other portion of this chapter is for any reason held invalid, the remaining portions of this chapter shall not be affected. [Ord. 2531, 1985; Ord. 2193 § 17, 1981]. 5.30.200 Quiet zones — Establishment. The city council shall conduct a public hear- ing to consider the establishment of a quiet zone when: A. Five or more persons from different res- idences within the same neighborhood sign a petition requesting the establishment of a quiet zone, and file the same with the planning department; and S. Notice of such hearing is given in the manner prescribed for hearing a proposed rezone. [Ord. 2531, 1985; Ord. 2372 § 1, 1983]. 5.30.200 5-42,1 (Revised 12103)