Ordinance 4321ORDINANCE NO.4321
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, RELATED TO EXEMPTING EMERGENCY
ELECTRICAL GENERATORS FROM THE CITY'S NOISE
REGULATIONS
WHEREAS, the safety and well-being of the residents of the City of Edmonds are of
paramount importance; and
WHEREAS, emergency electrical generators are essential tools in ensuring uninterrupted
power supply during unexpected power outages, natural disasters, or other unforeseen
emergencies; and
WHEREAS, the operation of emergency electrical generators is vital for the continuous
functioning of critical facilities; and
WHEREAS, local noise regulations in chapter 5.30 ECC may inadvertently hinder or
delay the deployment and operation of emergency electrical generators; and
WHEREAS, temporary exemptions from such noise regulations for emergency electrical
generators are recognized as useful to endure power emergencies, without compromising the
intent and purpose of existing noise control measures; and
WHEREAS, it is in the public interest to balance the need for noise regulation with the
necessity for emergency preparedness and response; and
WHEREAS, the Edmonds City Council has considered the potential impact of the noise
generated by emergency electrical generators and determined that the public benefits outweigh
the temporary inconvenience; and
WHEREAS, the Edmonds City Council seeks to enact an ordinance that provides clear
guidelines for the exemption of emergency electrical generators from local noise regulations
while ensuring adequate protections for residents against unnecessary noise; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 5.30.100 of the Edmonds City Code, entitled "Exemptions," is hereby
amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein by
this reference as if fully set forth (new text is shown in underline; deleted text is shown in strike
through .
Section 2. 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 3. Effective Date. This ordinance is subject to referendum and shall take effect
thirty (30) days after final passage of this ordinance.
ATTEST/AUTHENTICATED:
CLERK, SCO "f P/1SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADA
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
APPROVED:
MAYOR/MIKE NELSON
September 1, 2023
September 5, 2023
September 8, 2023
October 8, 2023
4321
2
SUMMARY OF ORDINANCE NO.4321
of the City of Edmonds, Washington
On the 5th day of September, 2023, the City Council of the City of Edmonds, passed
Ordinance No. 4321. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, RELATED TO EXEMPTING
EMERGENCY ELECTRICAL GENERATORS FROM
THE CITY'S NOISE REGULATIONS
The full text of this Ordinance will be mailed upon request.
DATED this 5th day of September, 2023.
C ' LERK. SCO SEY
5.30.100 Exemptions.
A. The following sounds are exempt from the provisions of this chapter at all times:
1. Noises caused by motor vehicles used for highway maintenance 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.
2. Sounds created by bells, chimes or carillons not operating for more than five minutes in any
one hour.
3. Sounds originating from aircraft in flight, and from watercraft.
4. Sounds created by safety and protective devices, such as relief valves, where noise
suppression would defeat the safety release purpose of the device.
5. Sounds created by fire alarms and emergency equipment operated by law enforcement, fire
fighters and aid personnel.
6. Sounds created by the operation of equipment or facilities of surface carriers engaged in
commerce by railroad.
7. 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.
8. Sounds caused by natural phenomena and unamplified human voices, except for public
disturbance noises as set forth in ECC 5.30.130.
9. Sounds created by emergency generators when:
a. Ooerating as necessary for their intended purpose during periods when there is no
electrical service available from the primary supplier due to natural disaster or power
outage;
b. Conducting periodic testing as required by the manufacturer. Testing shall be
limited to the hours allowed for construction in ECC 5.30.110.13.
B. The following sounds between the hours of 10:00 p.m. and 7:00 a.m. are exempt from the
provisions of this chapter, pursuant to a concurring public works staff decision, balancing the
same factors as listed in ECC 5.30.120(C)(1) through (5), and approved by the mayor or the
mayor's designee:
1. Sounds originating from street construction or repair projects performed by or on behalf of
the city of Edmonds.
2. Sounds originating from the repair or installation of essential utility services performed by or
on behalf of the city of Edmonds such as, but not limited to, sanitary sewer, domestic water,
electrical, natural gas and other essential utility services. [Ord. 4074 § 1(Att. A), 2017; Ord.
2531, 1985; Ord. 2193 § 11, 1981].
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates 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 EDH983644 ORDINANCE NO.
4321 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
09/08/2023 and ending on 09/08/2023 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the -c for such 1' ication is
$22.36.
Subscribed and sworn ore me on this
day of
o�
J,
Notary Public in and for the State of
Washington.
City ol'Edmmtds -LEGAL ADS 114101416
SCO'Fr PASSL'Y
Linda Phillips
Notary Public
State of Washington
My Appointmenl Expires B12912025
Commission Number 4417
- - o-rtrcrarr
Classified Proof
ORDINANCE SUMMARY
of the City of Edmonds, as ington
On the Sth day of September 2023, the City Council of the City of
Edmonds. passed the fouowing Ordnance, the summary of said
ordinance consisting of title is provided as follows.
ORDINANCE NO �321
AN ORDINANCE H Y OF EDMONDS,
WASHINGTON, RELATED TO EXEMPTING EMERGENCY
ELECTRICAL GENERATORS FROM THE CITYS NOISE
REGULATIONS
DATED this 51h Day of September, 2023
CITY CLERK, SCOTT PASSEY
Published September 8.2023 EOH983644
Proofed by Phillips, Linda, 09/11/2023 01:37:32 pm Page: 2