Loading...
Ordinance 2372WDT:jt 6/13/83 ORDINANCE N0. 2372 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, ADDING A NEW SECTION 5.35.200 PRO- VIDING FOR PUBLIC HEARINGS AFTER PETITION AND NOTICE; ADDING A NEW SECTION 5.35.210 SETTING FORTH THE CRITERIA FOR A QUIET ZONE; ADDING A NEW SECTION 5.35.220 PROVID- ING FOR QUIET ZONE SIGNS; ADDING A NEW SECTION 5.35.230 PROHIBITING CERTAIN NOISE IN QUIET ZONES; ADDING A NEW SECTION 5.35.240 SETTING FORTH A SCHEDULE OF QUIET ZONES; AND ADDING A NEW SUBSECTION 7 TO SECTION 5.45.020E OF THE CITY CODE PRESCRIBING PENALTIES. WHEREAS, there are areas of the city where certain uses such as residential, hospital, convalescent home, and similar uses are substantially disturbed by noise from multi- ple, transient sources originating in public areas such as streets, parks and public beaches in such a way as to destroy the peace and quiet of such neighborhoods, and WHEREAS, residential neighborhoods and neighborhoods containing hospitals, convalescent homes, libraries and the like need to be kept free of such noise and confusion, and WHEREAS, the protection from such noise is best provided through a procedure for establishing quiet zones in the city after public hearings before the City Council brought about by the petition of the persons affected by such noise and after adequate notice to the affected neighborhood, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Section 5.35.200 is hereby added to the Edmonds City Code to read as follows: QUIET ZONES 5.35.200 Quiet Zones - Establishment The City Council shall conduct a public hearing to consider the establishment of a quiet zone when: 1. Five or more persons from different residences within the same neighborhood sign a petition requesting the establishment of a quiet zone, and file the same with the Planning Department and 2. Notice of such hearing is given in the manner pre- scribed for hearing a proposed rezone. Section 2. A new Section 5.35.210 is hereby added to the Edmonds City Code to read as follows: 5.35.2100 Criteria for Establishing a Quiet Zone A Quiet Zone is appropriate for any area disturbed by noise meeting the following criteria: 1. Such noise originates from multiple sources in the neighborhood, and 2. Such noise is prevalent with substantial fre- quency during any thirty day period and there is a high likelihood of recurrence. 3. The source of such noise is transient. 4. The noise is generated from locations on pub- lic streets, parks, play grounds and the like immediately adjacent to residential districts or other uses requiring peace and quiet such as hospitals, convalescent homes, and libraries. Section 3. A new Section 5.35.220 is hereby added to the Edmonds City Code to read as follows: -2- 20.45.050 Quiet Zone Signs Any area designated by this procedure as a quiet zone shall be clearly marked by signs that state in substance: "Quiet Zone, Use of radios, tape players, musical instruments and similar devices prohibited if audible over 30 feet away." Section 4. A new Section 5.35.230 is hereby added to the City Code to read as follows: 5.35.230 Noise Prohibited in Quiet Zones The following acts when committed in a quiet zone are prohibited: A. Radios, tape players, etc. The using, operating, playing, or permitting to be used, operated or played any radio, tape player, television, musical instrument, record player or any other machine or device for the producing or reproducing sound in such a manner as to 1. disturb the peace, quiet, and comfort of the neighboring inhabitants, or 2. generate sound with a volume that is audi- ble at a distance of over 30 feet from the machine or device. B. Horns, Signaling Devices, etc. The continuous or repetitive sounding of any horn or signaling device on any automobile, motorcycle, other vehicle on any street or public place in such quiet zone, except as a danger warning. Section 5. A new Section 5.35.240 is hereby added to the City Code to read as follows: 5.35.240 Schedule of Quiet Zones In accordance with the provisions of this chapter and when signs are erected giving notice thereof, no person shall at any time commit any act pro- scribed by Section 5.35.230 of the City Code in any of the following described Quiet Zones: -3- Section 6. A new Subsection 7 is hereby added to Section 5.45.020E of the Edmonds City Code to read as follows: 117. Section 5.35.230, Noises Prohibited in Quiet Zones" Section 7. If any section, paragraph, sentence, phrase or word of this ordinance is held to be invalid, the validity of any other section, paragraph, sentence, phrase or word shall not be affected thereby. Section 8. Any person violating any of the provi- sions of this ordinance shall be guilty of a misdemeanor and punished as provided in Section 5.45.020 of the Edmonds City Code. Section 9. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: 2V —� & & A -, e, a., t = i MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: jx-,� P)1,6�-- CITY CLERK, IRENE UARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: June 15, 1983 PASSED BY THE CITY COUNCIL: June 21, 1983 POSTED: June 22, 1983 EFFECTIVE DATE: June 27, 1983 -4- 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 22 day of JUNE , 1983 ► affiant posted true and correct copies of the attached Ordinance No. 2372, passed by the City Council on the 21 day of JUNE , 19 83► 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 22 day of . JUNE 1983. SUBSCRIBED AND SWORN to before me this A.2 day of 1993. ota y Public in and for the State of Washington, residing at