Ordinance 4074Attachment A
Chapter 5.30
NOISE ABATEMENT AND CONTROL
Sections:
5.30.010
Declaration of policy.
5.30.020
Definitions.
5.30.030
Unlawful sounds.
5.30.040
Maximum permissible sound levels.
5.30.050
Modification to maximum permissible sound levels.
5.30.060
Motor vehicle noises — Stationary test.
5.30.070
Motor vehicle noises — Road test.
5.30.080
Mufflers.
5.30.090
Tire noise.
5.30.100
Exemptions.
5.30.110
Sounds exempt during daytime hours.
5.30.120
Variances.
5.30.130
Public disturbance noises.
5.30.140
Citizen complaints.
5.30.150
Penalties.
5.30.160
Severability.
5.30.200
Quiet zones — Establishment.
5.30.210
Criteria for establishing a quiet zone.
5.30.220
Quiet zone signs.
5.30.230
Noise prohibited in quiet zones.
5.30.240
Schedule of quiet zones.
5.30.010 Declaration of pol[cy. ..................................................................................................................................................
It is hereby declared to be the policy of the city of Edmonds to minimize the exposure of citizens to the
physiological 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. [Ord. 2531, 1985; Ord. 2193, 1981].
5.30.020 Definitions.
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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 intermittently continuous sounds" means sounds that are continuous for a period of
10 or more minutes or intermittent for a period totaling 20 or more minutes.
F. "Gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the recommended
maximum loaded weight of a single vehicle.
G. "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.
H. "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.
I. "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.
J. "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.
K. "Person" means any individual, firm, association, partnership, corporation or any other entity, public or
private.
L. "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.
M. "Receiving property" means the real property within which sound originating from outside the property is
received.
N. "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.
O. "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. [Ord. 3989 § 1, 2015; Ord. 2531,
1985; Ord. 2193 § 3, 1981].
5.30.030 Unlawful sounds.
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It is unlawful for any person to cause sound, or for any person in possession of property to permit sound
originating from such property, to intrude into the real property of another person whenever such sound
exceeds the maximum permissible sound level established in this chapter. [Ord. 2531, 1985; Ord. 2193 § 4,
1981].
5.30.040 Maximum permissible sound levels.
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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
District of Receiving Property
Sound
Residential
Business Commercial
Source
Residential
55 dB(A)
57 60
Business
57
60 65
Commercial
60
65 70
Commercial
60
65
[Ord. 2531, 1985; Ord. 2193 § 5, 1981].
5.30.050 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 following:
A. Between 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 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. [Ord. 2531, 1985; Ord. 2193 § 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 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
, as now exists or as hereafter adopted or amended.
Max.
Model
Vehicle Category Sound
Year
Level
Motorcycles Before 99 dB(A)
1986
Automobiles, light trucks, and motor Before 95 dB(A)
vehicles 10,000 pounds GVWR or less 1986
All motor vehicles over 10,000 pounds Before 86 dB(A)
GVWR 1986
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. [Ord. 2531, 1985; Ord. 2193 § 7, 1981].
5.30.070 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
highway 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:
45 mph Over 45
Vehicle Category
or less mph
Motorcycles 78 dB(A) 82 dB(A)
Motor vehicles over 10,000 86 dB(A) 90 dB(A)
pounds GVWR
All other motor vehicles 72 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. [Ord. 2531, 1985; Ord. 2193 § 8, 1981].
5.30.080 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. [Ord. 2531, 1985; Ord. 2193 § 9, 1981]
5.30.090 Tire noise.
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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. [Ord.
2531, 1985; Ord. 2193 § 10, 1981].
5.30.100 Exemptions.
A. The following sounds are exempt from the provisions of this chapter at all times:
1A. 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.
219. 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.
413. 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.
7C. 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.
84. Sounds caused by natural phenomena and unamplified human voices, except for public
disturbance noises as set forth in ECC 5.30.130.
B. The following sounds between the hours of 10 pm and 7 am, are exempt from the provisions
of this chapter, pursuant to a concurring Public Works Staff Decision, balancing the same
factors as listed in 5.30.120(C)(1-5). and aooroved by the Mavor or the Mavor's desienee:
11. Sounds originatine from street construction or repair oroiects performed by or on behalf of
the city of Edmonds.
2d. 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.
5.30.110 Sounds exempt during daytime hours.° SHRRE
A. The followina sounds are exempt from the provisions of this chapter between the hours of 7:00 a.m. to 10:00
p.m.:
1. Sounds originating from residential property relating to homeowner -sponsored temporary
projects for the maintenance and repair of existing homes and grounds, including 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, swimming
pools, ponds, walkways and private kennels. This exemption excludes sounds from race
vehicles.
2. Sounds created by blasting.
3. Sounds created by the installation or repair of essential utility services or public road projects.
B. Sounds originating from temporary construction sites as a result of construction activity are exempt from the
provisions of this chapter, but only during the hours of 7:00 a.m. to 6:00 p.m. on weekdays and 10:00 a.m. to
6:00 p.m. on Saturdays. excludina Sundays and federal holidays. [Ord. 3469 & 1. 2003: Ord. 2531. 1985: Ord.
2193 & 12. 1981
- Formatted: Space After: 12 pt, Line spacing:
At least 19.2 pt, Font Alignment: Baseline
5.30.120 Variances.
A. Variances may be granted to any person from any requirement of ECC 5.30.040 or 5.30.110 if
findings are made that immediate compliance with such requirement 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
nonavailability 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 processed i^ the felle iRg MaRRe4:as a Type 1 permit procedure under
ECDC 20.01.003.13, while using the criteria found in subsection A of this section. Factors to be
balanced in the process include those identified as follows:
same manner provided for ECDC 20.95.02C)TYPe 11 A land use deg'siens (see, fqF examp!
a4—_
1. Public convenience — Will the work result in significant delays for
transportation, services, or other customer needs if done only during the day and
within the hour restrictions set out in other parts of this chapter?
2. Public Safety — does working at night significantly improve safety conditions for
the traveling public and/or construction workers?
3. Public exposure — What will be the setting for any proposed work outside of
regular hours? Is it located on an arterial street or in a mostly residential area?
4. Public cost — Does a limited amount of authorized work outside of regular
hours established by this chapter save the public significant cost compared to
daytime work?
S. Have all reasonable steps been taken to reduce the impact of any necessary
noise outside the standard hours? Answering this question needs to include
evaluation of (1) limiting the night time or early morning work to only that
necessary to reasonably mitigate the issues identified above, (2) use of quiet
generators and quiet pumps (as available), (3) drilling and placing of piles instead
of driving them, as well as use of other techniques, design choices, and acoustic
control equipment and strategies necessary to minimize the night-time or early
morning impacts from construction noise.
Formatted: Indent: First line: 0.5"
D. The grant of a variance shall not relieve any person from the requirements of ECC 5.30.130
relating to public disturbance noises.
5.30.130 Public disturbance noises.
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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 combinations of sounds:
A. 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.
B. 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.
C. Loud and frequent, repetitive or intermittently continuous 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 of producing, amplifying or reproducing sounds.
D. Loud and frequent, repetitive or intermittently continuous sounds made by the unamplified human voice or
voices between the hours of 10:00 p.m. and 7:00 a.m.
E. Sounds made for any duration or frequency from the starting and/or running of the engine of a race vehicle.
[Ord. 3988 § 1, 2015; Ord. 2531, 1985; Ord. 2193 § 14, 1981].
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 owner 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 subject to penalties as established in this chapter. [Ord. 3989 § 2, 2015; Ord. 2853 § 27, 1991; Ord. 2531,
1985; Ord. 2193 § 15, 1981].
5.30.150 Penalties.
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A. Any person violating any provision of this chapter shall be guilty of a civil infraction, which shall be
punishable by a fine of $100.00.
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 $250.00.
C. Any person committing a 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. [Ord. 3989 § 3, 2015; Ord. 2853 § 28, 1991; Ord. 2531, 1985; Ord. 2193 § 16, 1981].
5.30.160 Severability.
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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.
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The city council shall conduct a public hearing to consider the establishment of a quiet zone when:
A. 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
B. Notice of such hearing is given in the manner prescribed for hearing a proposed rezone. [Ord. 2531, 1985;
Ord. 2372 § 1, 1983].
5.30.210 Criteria for establishing a quiet zone.
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A quiet zone is appropriate for any area disturbed by noise meeting the following criteria:
A. Such noise originates from multiple sources in the neighborhood.
B. Such noise is prevalent with substantial frequency during any 30-day period and there is a high likelihood of
recurrence.
C. The source of such noise is transient.
D. The noise is generated from locations on public 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. [Ord. 2531, 1985; Ord. 2372 § 2, 1983].
5.30.220 Quiet zone si..ns............................................................................................................................................................
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." [Ord. 2531, 1985; Ord. 2372 § 3, 1983].
5.30.230 Noise prohibited in quiet zones.
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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 audible 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. [Ord. 2531, 1985; Ord. 2372 § 4, 1983].
5.30.240 Schedule of quiet zones.
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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 proscribed by ECC 5.30.230 in any of the following described quiet zones:
A. Sunset Avenue North, from Edmonds Street to Caspers Street. [Ord. 2531, 1985; Ord. 2385 § 1, 1983; Ord.
2372 § 5, 1983].