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Ordinance 2193WDT/trs 10/22/80 ORDINANCE NO. 2193 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, ENACTING A NEW CHAPTER 5.35 IN THE EDMONDS CITY CODE ENTITLED "NOISE ABATEMENT AND CONTROL"; DEFINING TERMS; IDENTIFYING ENVIRONMENTS; ESTABLISHING MAXIMUM NOISE LEVELS; CREATING EXEMPTIONS; PROVIDING FOR VARIANCES; PROHIBITING AND DEFINING PUBLIC NUISANCE NOISES AND ESTABLISHING PENALTIES. WHEREAS, the City Council finds that residential and recreational noise is an acute problem in the City and that excess noise creates adverse effects on persons, and WHEREAS, the following ordinance is necessary to regulate the level of noise to which persons are exposed in order to protect the public health, safety and general welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 5.35 is hereby added to the Edmonds City Code to be entitled "Noise Abatement and Control". Section 2. A new Section 5.35.010 is hereby added to the Edmonds City Code to read as follows: "5.35.010 DECLARATION OF POLICY It is hereby declared to be the policy of the City of Edmonds to minimize the exposure of citizens to the physio- logical and psychological dangers of excessive noise and to protect, promote 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." Section 3. A new Section 5.35.020 is hereby added to the Edmonds City Code to read as follows: "5.35.020 DEFINITIONS % 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 inter- preted 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 pro- visions 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 imme- diate exposure to danger, or work by private or public utilities for providing or restoring immediately neces- sary utility services. D. 'Equipment' means any stationary or portable device or any part thereof capable of generating sound. E. 'Gross Vehicle Weight Rating (GVWR)' means the value specified by the manufacturer as the recommended maxi- mum loaded weight of a single vehicle. F. 'Motor vehicle' means any vehicle which is self-pro- pelled, 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 here- in. It includes motorcycles unless distinction is made in the context of use. -2- G. '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. H. '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. I. 'Noise Control Administrator' means the person desig- nated by the Mayor to enforce the provisions of this chapter. In addition to the noise control administra- tor, any police officer may enforce the provisions of this chapter. J. 'Person' means any individual, firm, association, part- nership, corporation or any other entity, public or private. K. '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. L. 'Receiving property' means the real property within which sound originating from outside the property is received. M. '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. N. '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 4. A new Section 5.35.030 is hereby added to the Edmonds City Code to read as follows: "5.35.030 UNLAWFUL SOUNDS It is unlawful for any person to cause sound, or for any person in possession of property to permit sound originating -3- from such property, to intrude into the real property of another person whenever such sound exceeds the maximum per- missible sound levels established in this chapter." Section 5. A new Section 5.35.040 is hereby added to the Edmonds City Code to read as follows: "5.35.040 MAXIMUM PERMISSIBLE SOUND LEVELS The maximum permissible sound level as measured at the property line or anywhere within the receiving property shall be as set forth in the following table: District of Sound Source District of Receiving Property Residential Business Commercial Residential 55 dB(A) 57 60 Business 57 60 65 Commercial 60 65 70 Section 6. A new Section 5.45.050 is hereby added to the Edmonds City Code to read as follows: "5.35.050 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 fol- lowing: A. Between the hours of 10 p.m. and 7 a.m. the noise levels shall be reduced by 10 dB(A) for receiving property within residential districts, except for noise from electrical substations and existing stationary equipment used in conveyance of water by a utility. B. At any 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 a total of 15 minutes in any one hour period, or 2. 10 dB(A) for a total of five minutes in any one hour period, or 3. 15 dB(A) for a total of 1.5 minutes in any one hour period." MEM Section 7. A new Section 5.35.060 is hereby added to the Edmonds City Code to read as follows: "5.35.060 MOTOR VEHICLE NOISES - STATIONARY TEST It is unlawful for any person to operate any motor vehicle upon any public highway or easement road if the vehicle exhaust system exceeds the maximum permissible sound levels for the category of vehicle as measured at a distance of 20 inches (.5 meter) from the exhaust outlet under procedures set forth in WAC 204-56, as now exists or as hereafter adopted or amended. Vehicle Category Motorcycles Automobiles, light trucks, and motor vehicles 10,000 pounds GVWR or less All motor vehicles over 10,000 pounds GVWR Model Year Max. Sound Level Before 1986 99 dB(A) Before 1986 95 dB(A) Before 1986 86 dB(A) While on real property other than highways or easement roads, motor vehicles shall not exceed the maximum permissible sounds as specified herein for other than motor vehicles." Section 8. A new Section 5.35.070 is hereby added to the Edmonds City Code to read as follows: "5.35.070 MOTOR VEHICLE NOISES - ROAD TEST It is unlawful for any person to operate any motor vehicle or any combination of motor vehicles upon any public high- way or easement road under any conditions of grade, load, acceleration or deceleration in such a manner as to exceed the maximum permissible sound levels for the category of vehicle as measured at a distance of 50 feet from the center of the lane of travel within the speed limit specified under procedures set forth in WAC 204-56, as now exists or as may hereafter be amended or modified: Vehicle Category Motorcycles Motor vehicles over 10,000 pounds GVWR All other motor vehicles 45 m.p.h or less Over 45 m.p.h. 78 dB (A) 86 dB (A) 72 dB (A) -5- 90 dB (A) 78 dB (A) While on real property other than highways or easement roads, motor vehicles shall not exceed the maximum permissible sounds as specified herein for other than motor vehicles." Section 9. A new Section 5.35.080 is hereby added to the Edmonds City Code to read as follows: "5.35.080 MUFFLERS It is unlawful for any person to operate, or for any owner to permit any person to operate, any motor vehicle upon the public highways or easement roads which is not equipped with a muffler in good working order, in constant operation, and which meets the requirements established by RCW 46.37.390 as now exists or as may hereafter be amended." Section 10. A new Section 5.35.090 is hereby added to the Edmonds City Code to read as follows: "5.35.090 TIRE NOISE It is unlawful for any person to operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such sound from the tires in contact with the ground or other roadway surface because of rapid acceleration or excessive speed around corners or other such reason, provided that the sounds resulting from emergency braking to avoid imminent danger shall be exempt from this section." Section 11. A new Section 5.35.100 is hereby added to the Edmonds City Code to read as follows: "5.35.100 EXEMPTIONS The following sounds are exempt from the provisions of this chapter at all times: A. Noises caused by motor vehicles used for highway main- tenance or noises caused in the performance of emergency work for the immediate safety, health or welfare of the community or of individuals of the community, or to restore property in a safe condition following a public calamity. B. Sounds created by bells, chimes or carillons not operating for more than five minutes in any one hour. mom C. Sounds originating from aircraft in flight, and from watercraft. D. Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release purpose of the device. E. Sounds created by fire alarms and emergency equipment operated by law enforcement, fire fighters and aid personnel. F. Sounds created by the operation of equipment or facili- ties of surface carriers engaged in commerce by railroad. G. Sounds originating from officially sanctioned parades and other events to which the general public is solicited to attend without charge and sounds originating from league or school sponsored athletic events. H. Sounds caused by natural phenomena and unamplified human voices, except for public disturbance noises as set forth in Section 5.35.130." Section 12. A new Section 5.35.110 is hereby added to the Edmonds City Code to read as follows: "5.35.110 SOUNDS EXEMPT DURING DAYTIME HOURS The following sounds are exempt from the provisions of this chapter between the hours of 7 a.m. to 10 p.m: A. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances including but not limited to lawn mowers, saws, hammering and gardening, but excluding sounds from race vehicles. B. Sounds created by blasting. C. Sounds originating from temporary construction sites as a result of construction activity in residential dis- tricts, provided this exemption shall apply only between the hours of 10 a.m. to 6 p.m. on weekends and holidays, and 7 a.m. to 10 p.m. on weekdays. D. Sounds created by the installation or repair of essential utility service." -7- Section 13. A new Section 5.35.120 is hereby added to the Edmonds City Code to read as follows: "5.35.120 VARIANCES A. Variances may be granted to any person from any require- ment of Section 5.35.040 of this chapter if findings are made that immediate compliance with such require- ment 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 non -availability of feasible technology or control methods. B. Any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances. C. Variances shall be heard and decided in the manner as set forth in the City of Edmonds Community Development Code for land use variances. D. The grant of a variance shall not relieve any person from the requirements of Section 5.35.130 relating to public disturbance noises." Section 14. A new Section 5.35.130 is hereby added to the Edmonds City Code to read as follows: "5.35.130 PUBLIC DISTURBANCE NOISES It is unlawful for any person knowingly to cause or make, or for any person in possession of property knowingly to allow to originate from the property, unreasonable noise which disturbs another, and to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a police officer. Public disturbance noises shall include, but shall not be limited to, the following sounds or combi- nations of sounds: A. Frequent, repetitive or intermittently continuous sounds made by any animal except that such sounds made in animal shelters or in commercial kennels duly licensed shall be exempt. B. Frequent, repetitive or intermittently continuous sounds made by any horn or siren attached to a motor vehicle except such sounds that are made to warn of danger or that are specifically permitted or required by law. we C. Frequent, repetitive or intermittently continuous sounds made in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, race vehicle, off -highway vehicle or internal combustion engine. D. Loud and frequent, repetitive or intermittently con- tinuous sounds made by the use of a musical instrument or instruments or other device capable of producing sound when struck by an object, of a whistle, or of a sound amplifier or other device capable or producing, amplifying or reproducing sounds. E. Loud and frequent, repetitive or intermittently con- tinuous sounds made by the unamplified human voice or voices between the hours of 10 p.m. and 7 a.m. F. Sounds made for any duration or frequency from the starting and/or running of the engine of a race vehicle." Section 15. A new Section 5.35.140 is hereby added to the Edmonds City Code to read as follows: "5.35.140 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 shall advise the person of the complaint and that such violations must cease. Failure of any person to cease any violation of this chapter shall be deemed a misdemeanor, and upon conviction, the person shall be punished as set forth in Section 5.45.020 of the Edmonds City Code." Section 16. A new Section 5.35.150 is hereby added to the Edmonds City Code to read as follows: "5.35.150 PENALTIES Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be punished as set forth in Section 5.45.020 of the Edmonds City Code." Section 17. A new Section 5.35.160 is hereby added to the Edmonds City Code to read as follows: "5.35.160 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." Section 18. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as required by law. APPROVED: MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IRENE A NEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By FILED W THE CITY CLERK: January 7, 1981 PASSED BY THE CITY COUNCIL: January 27, 1981 POSTED: January 28, 1981 EFFECTIVE DATE: February 2, 1981 Milm AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ss: COUNTY OF SNOHOMISH IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 28 day of January , 1981► affiant posted true and correct copies of the attached Ordinance No. 2193 , passed by the City Council on the 27 day of January , 1981, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 28 day of January 1981 C/ SUBSCRIBED AND SWORN to before me this day of 19L. ta ' Public in and for the State of��Wsh�ingto�n, esiding at �'