Ordinance 3989ORDINANCE NO.3989
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING EDMONDS CITY CODE 5.30
TO DEFINE "FREQUENT, REPETITIVE OR
INTERMITTENTLY CONTINUOUS" IN SECTION 5.30.020,
TO AMEND LANGUAGE REGARDING CITIZEN
COMPLAINTS IN SECTION 5.30.140, AND TO AMEND THE
SYSTEM OF PENALTIES FOR VIOLATIONS OF CHAPTER
5.30 IN SECTION 5.30.150; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, Section 5.30.130 of the Edmonds City Code regards public disturbance
noises without defining the terms "frequent, repetitive or intermittently continuous" in the
"Definitions" section of the Edmonds City Code, Section 5.30.020; and
WHEREAS, the amendment to Section 5.30.140 is intended to clarify the City's role in
reviewing complaints received regarding noises that may constitute a nuisance, including a
review by the City's noise control administrator; and
WHEREAS, the City of Edmonds has determined that the penalties for violations of
Chapter 5.30 of the Edmonds City Code as identified in Section 5.30.150 should be assessed in a
tiered system, allowing for both civil infractions and criminal misdemeanors for repeated
violations;
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 5.30.020 of the ECC, entitled "Definitions," is hereby amended to
read as follows (new text is shown in underline; deleted text is shown in strike tlffeug ):
As used in this chapter, the following terms shall have the following meanings. All
technical terminology used in this chapter and not defined specifically herein shall be interpreted
in conformance with American National Standards Institute's Specifications.
A. "dB(A)" means the sound level measured in decibels, using the "A" weighting
network on a sound level meter.
B. "District" means the land use zone to which the provisions of this chapter are applied.
For the purposes of this chapter:
1. "Residential district" includes all R classified zones and includes the Open Space zone.
2. "Business" zone means all zones designated BN or BC.
3. "Commercial" zones include all zones classified CW or CG.
C. "Emergency work" means work required to restore property to a safe condition
following a public calamity, work required to protect persons or property from an immediate
exposure to danger, or work by private or public utilities for providing or restoring immediately
necessary utility services.
D. "Equipment" means any stationary or portable device or any part thereof capable of
generating sound.
E. "Frequent, repetitive or intcrinittently continuous sounds" mean sounds that are
continuous for a period of ten 10 or more minutes or intermittent fora period totaling twenty
(20) or more minutes.
EF. "Gross vehicle weight rating (GVWR)" means the value specified by the
manufacturer as the recommended maximum loaded weight of a single vehicle.
FG. "Motor vehicle" means any vehicle which is self-propelled, used primarily for
transporting persons or property upon public highways. Aircraft, watercraft, and vehicles used
exclusively on stationary rails or track are not motor vehicles as that term is used herein. It
includes motorcycles unless distinction is made in the context of use.
GH. "Motorcycle" means any motor vehicle having a saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground; except that farm
tractors and vehicles powered by engines of less than five horsepower shall not be included.
FII. "Muffler" means a device consisting of a series of chambers or other mechanical
designs for the purpose of receiving exhaust gas from an internal combustion engine and
effective in reducing sound resulting therefrom.
U. "Noise control administrator" means the person designated by the mayor to enforce
the provisions of this chapter. In addition to the noise control administrator, any police officer
may enforce the provisions of this chapter.
JK. "Person" means any individual, firm, association, partnership, corporation or any
other entity, public or private.
KL. "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 another or others, and its vertical extension.
EM. "Receiving property" means the real property within which sound originating from
outside the property is received.
MN. "Race vehicle" means a motor vehicle not licensed for use on the public streets
and/or which is used primarily for sanctioned or unsanctioned racing events. Race vehicle shall
also include power boats used primarily for racing events.
NO. "Sound level meter" means a sound level measuring device either type I or type II
certified special use meters as defined by American National Standards Institute's Specifications.
Section 2. Section 5.30.140 of the ECC, entitled "Citizen complaints," is hereby
amended to read as follows (new text is shown in underline; deleted text is shown in strike
5.30.140 Citizen complaints.
Whenever it is stated in writing by three or more persons having separate residences in a
neighborhood that any person is violating any of the provisions of this chapter, the noise control
administrator or his/her designee shall review such complaints. After the noise control
administrator or his/her designee determines that a violation has occurred, the administrator or
his/her designee shall advise the per-sorowner 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 - subiect to penalties as established in this chapter.
Section 3. Section 5.30.150 of the ECC, entitled "Penalties," is hereby amended to
read as follows (new text is shown in underline; deleted text is shown in stfike thFo
5.30.150 Penalties.
A. Any person violating any provision of this chapter shall be guilty of a civil infraction,
which shall be punishable by a fine of $100.
B. Any person committing a second violation of any provision of this chapter within one
calendar year shall be guilty of a civil infraction, which shall be punishable by a fine of $250.
C. Any person committinga third violation of any provision of this chapter within one
calendar year shall be guilty of a misdemeanor and, upon conviction thereof, be sentenced to a
fine not to exceed $1,000 and/or 90 days in jail.
Section 4. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 5. Effective Date. This ordinance is subject to referendum and shall take effect
thirty (30) days after final passage of this ordinance.
APPIi OV1 D:
� r
MAYOR DAVE EARLING
ATTEST/AUTHENTICATED:
C CLERK, §G4ff PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY —
J ,FF TARADAY
FILED WITH THE CITY CLERK: January 30, 2015
PASSED BY THE CITY COUNCIL: February 3, 2015
PUBLISHED: February 8, 2015
EFFECTIVE DATE: February 13, 2015
ORDINANCE NO. 3989
SUMMARY OF ORDINANCE NO.3989
of the City of Edmonds, Washington
On the 3rd day of February, 2015, the City Council of the City of Edmonds, passed
Ordinance No. 3989. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING EDMONDS CITY CODE
5.30 TO DEFINE "FREQUENT, REPETITIVE OR
INTERMITTENTLY CONTINUOUS" IN SECTION
5.30.020, TO AMEND LANGUAGE REGARDING
CITIZEN COMPLAINTS IN SECTION 5.30.140, AND
TO AMEND THE SYSTEM OF PENALTIES FOR
VIOLATIONS OF CHAPTER 5.30 IN SECTION
5.30.150; PROVIDING FOR SEVERABILITY; AND
SETTING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 4th day of February, 2015.
CITY CLERK, SCOTT PASSEY
G
RECEIVED
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Kathleen Landis being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH614259 ORD 3988, 3989,
3990 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
02/08/2015 and ending on 02/08/2015 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$61.92. A
Subscribed and sworn before me on this
day of
Notary Public in and for the State of
Washington.
City of Edmande - LEGAL ADS 114101416
EDMONDS CITY CLERK
DEBRA ANN GRIGG
Notary Public
State of Washington
My Commission Expires
October 31 , 201 7
—r SUMMARYSFEOROINANCE$
at th� moR�ington
On the 3rd day of February, 2015, the Clly Council of the City of
Edrnpnds pessad the ioiW.',91 Ordlnanods, A summaey of She
content of said ordinances, coreslsllny of 11110s, are provided as
lollows;
AN ORDINANCES OCHE CITY OF EDMONDS,
WASHINGTON, AMENDING EDMONDS CITY CODE
CHAPTERS S.BS. 5.30. 16.20, 16.30 AND 17.35, TO
CONSOLIDATE EDMONDS CITY CODE SECTIONS
DEALING WITH ANIMAL CONTROL INTO CHAPTER 505
TO AMEND THE ANIMAL NOISE PROVISION OF SECTiOi
5.05.115, AND TO AMEND THE SYSTEM OF PENALTIES
FOR VIOLATIONS OF SECTION 5.05.115: PROVIDING FOR
SEVERASILITY; AND SETTING AN EFFECTIVE DATE,
DEQ NaAN ORDINANCE O THI= CfTY ❑F EDMONDS,
WASHINGTON, AMENDING EDMONDS CITY CODE 5.30
TO DEFINE *FREQUENT, REPETITIVE OR
INTERMITTENTLY CONTINUOUS' IN SECTION 5.30.020,
TO AMEND LANGUAGE REGARDING CITIZEN
COMPLAINTS IN SECTION 5.30.140. AND TO AMEND THE
SYSTEM OF PENALTIES FOR VIOLATIONS OF CHAPTER
6.30 IN SECTION 5.30.150; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
AN ORDINANC OFTH - CI OF EDMONDS,
WASHINGTON. AMENDING ORDINANCE NO.3985 AS A
RESULT OF UNANTICIPATED TRANSFERS AND
EXPENDITURES OF VARIOUS FUNDS AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE
The lull text of these Cmlindricas wlp be mailed upon request.
DATED this 4th day of Februar ,, 2015.
CITY CLERK. SCOTTPAS$EY
—f bllshod: February 8, 2015. EDH614P5
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