HomeMy WebLinkAbout122214_ra01JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
n "
FROM: Philip Morley, County Administrator,,;
DATE: December 22, 2014
SUBJECT: Noise Control Ordinance
STATEMENT OF ISSUE: The County Commissioners are requested to finalize a proposed Noise
Control Ordinance for submittal for approval by the Washington State Department of Ecology. Upon
approval by Ecology, the BoCC will have an opportunity to formally enact the Noise Control Ordinance
into law after that.
ANALYSIS: Most other counties have such a regulation in place regarding noise control to protect the
quality of life for their citizens. A noise control ordinance is particularly needed in this county because it
is primarily rural and citizens expect and benefit from overall rural quiet. The regulations from other
Washington counties recognize the need to both define what types of noises generate a public disturbance
(and should be prohibited) and those noises that must be acknowledged as reasonable and not offensive to
the citizens' health and welfare in light of our modern lifestyle. This proposed regulation would follow
that balancing model found in the codes of other Washington counties.
The County Commissioners held a public hearing on November 24, 2014, and have deliberated on the
substantial body of public testimony received. On December 15, 2014, the Commissioners reviewed
revisions to the draft ordinance based on its deliberation on the hearing record and gave final direction on
further refinements. The enclosed proposed Noise Control Ordinance reflects the Commissioners'
changes. Attached please find the proposed Noise Control Ordinance for submittal to the Department of
Ecology, and another version in tracked changes showing changes made since the Public Hearing in
response to public testimony.
Jefferson County does need to send a copy of the proposed ordinance to Ecology for review under RCW
70.107. Ecology has up to 90 days to provide a response to a local jurisdiction. Following Ecology's
review, the BoCC will have an opportunity to formally enact the ordinance as approved by Ecology.
FISCAL IMPACT: None other than providing the Sheriffs Office with another regulatory tool.
RECOMMENDATION: Pass a motion 1) finalizing the proposed Noise Control Ordinance, and 2)
authorizing the Chair to sign a letter to be prepared by staff formally submitting the proposed ordinance to
the Washington State Department of Ecology for Ecology's review and approval.
REVIEWED BY:
IShilipl�ey,County inistrator Date
STATE OF WASHINGTON
County of Jefferson
An Ordinance Establishing } Ordinance No.
Noise Control Regulations }
For Jefferson County }
WHEREAS, pmt -ef-the expectation arising from living in a predominantly rural county
such as Jefferson County is both that one may experience a reasonable amount of noise
from neoule working and actively recreating on rural lands, and also that one's quality of
life is enhanced by the presence of peace and quiet while at one's residence, particularly
during the night time hours; and
WHEREAS, enjoying that peace and quiet is both a benefit of and a reason to reside in
the rural residential regions and villages of unincorporated Jefferson County and is
therefore worthy of protection through the general "police power" provided to the County
Commission to minimize the exposure of citizens to the harmful nuisance, physiological,
and psychological effects of excessive noise and 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; and
WHEREAS, certain categories of noise when heard some distance from their source
amount to a public d nuisance that harms the rural character of this County by
their quality and unreasonableness, thus annoying and offending persons of normal
hearing and thereby disturbing the peace and quiet that is inherent as one quality of
residing within a rural county such as this one; and
WHEREAS, other noises, either based on when they are generated, or by their purpose
or inherent nature do not constitute a public d baneenuisance and do not harm the
rural character of this county and therefore should not be prohibited or limited; and
WHEREAS, Washington State adopted Chapter 173 -60 WAC pursuant to Chapter
70.107 RCW the Noise Control Act of 1974, establishing maximum noise levels
permissible in identified environments; and
WHEREAS, in 1985 the Jefferson County Board of County Commissioners passed
Resolution No. 67 -85 which adopted Chapter 173 -60 WAC in its entirety, and designated
environmental designation for noise abatement areas (EDNAs) to conform with land
designations of the Jefferson County Comprehensive Plan as outlined in Chapter 173 -60
WAC; and Resolution No. 67 -85 remains in effect; and
WHEREAS, 173 -60 -060 WAC allows local governments to regulate noise from any
source as a nuisance; and such nuisance noise ordinance shall be deemed consistent with
Chapter 173 -60 WAC by the Washington Department of Ecology; and
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WHEREAS, the County Commission conducted a Public Hearing on a proposed noise
ordinance on November 24 2014 at which Acting County Sheriff Joe Nole testified that
on average there were each month some five or six complaints to JeffCom 911
emergency dispatch about excessive or unreasonable noise: and
WHEREAS, Jefferson County now joins other counties of this State in finding thi-sa
balance between those categories of noises that require regulation as a public nuisance
and those that do not:; and
NOW, THEREFORE, BE IT ORDAINED as follows:
Section One: Creation of a new chapter in the County Code.
There is hereby added to the Jefferson County Code a new Chapter in Title 8 entitled
"Noise Control," the text of which is made Attachment "A" to this Ordinance.
Section Two: Severability.
Should any section or text of the Chapter of the Jefferson County Code entitled "Noise
Control" be found to be unlawful by a court of competent jurisdiction or otherwise be
deemed unlawful, then all other sections of said Chapter shall remain effective and in full
force.
Section Three: Effective Date.
The Chapter of the Jefferson County Code entitled "Noise Control Ordinance" shall be
effective immediately upon adoption.
APPROVED this day of
SEAL:
ATTEST:
Carolyn Avery,
Deputy Clerk of the Board
, 2014.
JEFFERSON COUNTY
BOARD of COMMISSIONERS
John Austin, Chairman
David Sullivan, Member
Phil Johnson, Member
2 of 8
Approved as to form only:
David Alvarez, Deputy Prosecuting Attorney
3 of 8
ATTACHMENT A
Ordinance No. XX- XXXX -14
NOISE CONTROL
Sections:
Purpose.
Definitions.
Administration.
Violation Defined
Public ai eenuisance noises.
Exempt Noises
Penalties.
Provisions not exclusive.
Disclaimer of liability.
Liberal Construction
Purpose.
It is County policy to minimize the exposure of citizens to the harmful nuisance, physiological,
and psychological effects of excessive noise and 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.
This Chapter supplements existing regulations for the control of public din 'ur-bancenuisance
noise. It is expressly the purpose of this Chapter to provide for and promote the health, safety
and welfare of the general public, and not to create or otherwise establish or designate any
particular class or group of persons who will or should be specially protected or benefited by the
terms of this Chapter.
Definitions.
(1) "Board" means the Board of Commissioners of Jefferson County.
(2) "County" and "Jefferson County" mean the unincorporated areas of Jefferson County.
(3) "Noise" means the intensity, duration and character of sounds from any and all sources.
(4) "Person" means any individual, corporation, partnership, association, governmental body,
state, or other entity whatsoever.
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Administration.
Administration and enforcement of this Chapter is the responsibility of the Jefferson County
Sheriff, his designee and /or other entity designated by the Board. -, collectively referenced herein
as law enforcement..
Violation Defined.
Within unincorporated Jefferson County, it shall be a violation of this Chapter for any person
to generate, produce, disseminate or t her-wise make available to the heating of oth - ..cause, or
for any person in possession or control of property, including a motor vehicle, to allow a "public
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din *ufbaneenuisance noise" which law enforcement determines
unreasonably disturb(s) or interfere(s) with the peace, comfort and repose of reasonable persons
of normal hearing, including property owners or possessors of property in a different location, or
citizens in a public area.
Public nuisance noises.
(4) _Public aim nuisance noises include:
(a) ,
for- any per-son in Possession of eontfol of pr-operty to allow, Sottfid 4) Ofigi Sound
that originates from the property that exceeds the noise levels permitted by Chapter
173 -60 WAC (Maximum Environmental Noise Levels), as that chapter now exists or
as it may hereafter be amended.
sounds exempted tinder- Chaptef 173 60 WAG, as that ehapter- now e�iists of as it
may her-eaf4ef be amended-.1
(b) Frequent, repetitive, or continuous sound of any horn, siren or car alarm attached to a
motor vehicle, except as a warning of danger or as specifically permitted or required
by law;
(c) Between the hours of 10 p.m. and 7 a.m. Sunday through Thursday (example: 10
p.m. Sunday to 7 a.m. Monday) or between 1 I p.m. and 7 a.m. on Friday or Saturday
(example: 11 p.m Friday to 7 a.m. Saturday_) freguentF +egxext, repetitive, or
continuous noises from starting, operating, repairing, rebuilding, or testing of any
motor vehicle, motorcycle, dirt bike, other off - highway or off -road vehicle, or any
internal combustion engine and between the hours of 7 a.m. and 10 p.m. Sunday
through Thursday or between 7 a.m. and 11 p.m. on Friday or Saturday, this category
of noise shall also be a public nuisance noise if the noise constitutes or rises to, in the
opinion of law enforcement a violation of subsection (k) below;
(d)Between the hours of 10 p.m. and 7 a.m. Sunday through Thursday (example: 10
p.m. Sunday to 7 a.m. Monday) or between 11 p.m. and 7 a.m. on Friday or
Saturday (example: 11 p.m. Friday to 7 a.m. Saturday), any sound made by persons
or by use of a musical instrument, whistle, sound amplifier, portable audio
equipment, or other device, electronic or not, capable of producing or reproducing
sound, which sound emanates frequently, repetitively, or continuously from any
social gathering, building, structure, or property, such as sound originating from a
band session, tavern or bar operation, an indoor or outdoor social gathering, and
where law enforcement determines the volume of such sound is such that it can be
clearly heard by a person of normal hearing at a location which is i) one hundred
fifty feet or more from the source of the sound and ii) not located on the property
containing the source of the sound;
(e) Sound from portable audio equipment, including that found in or as part of a motor
vehicle audio system, while traveling or parked in public streets, or in park areas,
residential and commercial zones, or any area where residences, schools, human
service facilities, or commercial establishments are in obvious proximity to the
source of the sound, and where the volume of such audio equipment is such that law
enforcement determines it can be clearly heard by a person of normal hearing at a
distance of one hundred fifty feet or more from the source of the sound; provided,
however, that this section shall not apply to persons operating portable audio
5 of 8
equipment within a public park pursuant to an event sanctioned by a responsible
authority under valid permit or license;
(f) Between the hours of 10 p.m. and 7 a.m. Sunda through hrough Thursday (example: 10
p.m. Sunday to 7 a.m. Monday) or between 11 p.m. and 7 a.m. on Friday or Saturday
(example: 11 p.m. Friday to 7 a.m. Saturday), frequent, repetitive, or continuous
ellin vim, shouting, hooting, whistling or singing, with or without electronic
amplification, bet,,vee the h,,,,,.s of 10 „ and 7.00 a.m. he that s „dwhich
law enforcement determines can be clearly heard by a person of normal hearing at a
location which is i) one hundred fifty feet or more from the source of the sound and
ii) not located on the property containing the source of the sound;
(g) Noise from a dog or ea4in violation of the JCC Seetie Title 6 0 Animal
Responsibility chapter section on "Howling and barking" as presently enacted and
codified, or as may be subsequently enacted and codified;
(h) Sound from the discharge or use of any explosive device between one -half
(1/2) h,,,,f a f4ef sunset .,ra e half (1/2) hour- befo s e the hours of 10 p.m.
and 7 a.m.;
(i) Sound from a propane cannon, cherry gun, or similar sound - producing device;
(j) Sound €erfrom a refrigeration unit on a commercial vehicle or from a commercial
vehicle's engine when used to operate a refrigeration unit, when the vehicle is
stationary for longer than thirty (30) minutes and the sound can be clearly heard on a
separate residential property at a distance greater than one hundred fifty feet from the
source by a person of normal hearing;
(k) Within .,* Toff County, it ; 11E „+ „ fe any per-son to o
, of
F „4r.11 „f,„- .,pet4y ineluding a motor- ..ehie10 t„ a-By
allow setind Sound which law enforcement determines unreasonably disturbs
or interferes with the peace, comfort, and repose of one or more reasonable persons
of normal hearing. A sound meter reading is not necessary to establish that a public
dim nuisance noise exists.
(1) Any other noise that is otherwise prohibited by state or federal law.
Exempt Noises.
Sounds originating from the sources listed here do not constitute a violation of this Chapter, are
not "public m ai tt nuisance noises” and are defined as an "exempt noise" regardless of
where or when they occur, unless otherwise noted.
a) a) Officially sanctioned events to which the general public is solicited to attend,
including, but not limited to, parades, festivals, or carnivals;
b-)(b) Officially sanctioned civic or park events, and amplified or unamplified sounds as
allowed by a Special Event Permit;
e4 cj_League, homeowner association or school sponsored events, including, but not
limited to, athletic events or use of sport courts, and band practice;
d) d) Lawfully operated animal shelters, animal welfare facilities, kennels, pet shops, or
veterinary clinics;
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e)(e) Aircraft in flight or flight operations at airports and airfields including aircraft
engine testing and maintenance;
#)Bells, chimes, and carillons not operating continuously for more than five
minutes;
g)(g_Warning, safety or protective devices not operating continuously for more than
five minutes, including, but not limited to, back -up warning signals;
l)thL_Emergency equipment and work necessary in the interests of law enforcement or
for the health, safety, or welfare of the community;
i}(i) Electrical substations and stationary equipment used in the conveyance of water
and wastewater by any utility;
j-)(j) The installation or repair of essential utility services or work necessary to protect
the public health, safety, and welfare;
k)(k) Generators during periods when there is no electrical service available from the
primary supplier due to power outage, where a generator is the only available source of
electrical power, and the normal periodic testing of generators during daylight hours;
I)(,1) Vessels regulated for noise under Chapter 79A.60 RCW, "Regulation of
Recreational Vessels;"
m)Lm) Agricultural activities not considered a nuisance pursuant to JCC 18.15.095(3),
and, the natural sounds made by livestock, such as, by way of example, cows, bison,
llamas, chickens, and roosters and noise from a livestock guard dog on property subject
to JCC 18.15.095(3) when such noise is exempt pursuant to the Animal Responsibility
chapter of the County Code;
n)(n) Announcements upon public streets made for the purpose of commercial
advertising, or sales, or for attracting the attention of the public by those vendors whose
sole method of selling is from moving vehicles;
e)(o _The operation of motor vehicles on highways which are regulated under Chapter
173 -62 WAC;
p)(p) Between the hours of 7 a.m. and 10 p.m., sounds originating from residential
property as a result of temporary projects for the construction, maintenance, or repair of
home, grounds, and appurtenances;
(g) The legal discharge of fireworks pursuant to RCW 70.77.395(2) and County Code;
The lawful discharge of firearms r the pr-oteetion of life ^ pet4 , and the lawful ttse
tom;
eonditions of any plie ble eetinty land use pefmit and eounty he
(f) The lawfW diseharge of fifearms in the eaur-se of lawful hunting if stteh 4,414 hun4ifig is
eendueted between one half hour- before sunrise and one half hotif after- sun
(s) Sounds exempted under Chapter 173 -60 WAC, as that chapter now exists or as it may
hereafter be amended.
Penalties.
(1) Any violation of this Chapter shall be punished as follows:
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(a) The first violation by a person within the preceding year shall be warning.
(b) The second violation by a person within a one (1) year period shall be a Class '22 civil
infraction carrying a monetary penalty of one hundred twenty -five dollars ($125.00) plus
statutory assessments.
(c) A third or subsequent violation by a person within a one (1) year period shall be a
criminal misdemeanor punishable by a fine of up to one thousand dollars ($1,000),
ninety (90) days in jail, or both.
(2) In any prosecution for a civil infraction or criminal misdemeanor, evidence of a sound's level
through use of a sound -level meter reading shall not be necessary to establish the commission of
the offense.
(3) Civil infractions under this Chapter shall be enforced pursuant to Chapter 7.80 RCW and the
court rules.
Provisions not exclusive.
The provisions of this Chapter shall be cumulative and nonexclusive, and shall not affect any
other claim, cause of action or remedy and do not repeal, amend or modify any existing law,
ordinance or regulation relating to noise, but shall be deemed additional to existing statutes,
regulations and ordinances.
Disclaimer of liability.
Nothing contained in this Chapter is intended to be nor shall be construed to create or form the
basis for any liability on the part of the county, its officers, employees or agents, for any injury
or damage resulting from the failure of anyone to comply with the provisions of this Chapter, or
by reason or in consequence of the implementation or enforcement pursuant to this Chapter, or
by reason of any action or inaction on the part of the county related in any manner to the
enforcement of this Chapter by its officers, employees or agents.
Liberal Construction.
This Chapter shall be liberally construed to carry out its broad purposes.
�.�
STATE OF WASHINGTON
County of Jefferson
An Ordinance Establishing } Ordinance No.
Noise Control Regulations }
For Jefferson County }
WHEREAS, the expectation arising from living in a predominantly rural county such as
Jefferson County is both that one may experience a reasonable amount of noise from
people working and actively recreating on rural lands, and also that one's quality of life is
enhanced by the presence of peace and quiet while at one's residence, particularly during
the night time hours; and
WHEREAS, enjoying that peace and quiet is both a benefit of and a reason to reside in
the rural residential regions and villages of unincorporated Jefferson County and is
therefore worthy of protection through the general "police power" provided to the County
Commission to minimize the exposure of citizens to the harmful nuisance, physiological,
and psychological effects of excessive noise and 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; and
WHEREAS, certain categories of noise when heard some distance from their source
amount to a public nuisance that harms the rural character of this County by their quality
and unreasonableness, thus annoying and offending persons of normal hearing and
thereby disturbing the peace and quiet that is inherent as one quality of residing within a
rural county such as this one; and
WHEREAS, other noises, either based on when they are generated, or by their purpose
or inherent nature do not constitute a public nuisance and do not harm the rural character
of this county and therefore should not be prohibited or limited; and
WHEREAS, Washington State adopted Chapter 173 -60 WAC pursuant to Chapter
70.107 RCW, the Noise Control Act of 1974, establishing maximum noise levels
permissible in identified environments; and
WHEREAS, in 1985 the Jefferson County Board of County Commissioners passed
Resolution No. 67 -85 which adopted Chapter 173 -60 WAC in its entirety, and designated
environmental designation for noise abatement areas (EDNAs) to conform with land
designations of the Jefferson County Comprehensive Plan as outlined in Chapter 173 -60
WAC; and Resolution No. 67 -85 remains in effect; and
WHEREAS, 173 -60 -060 WAC allows local governments to regulate noise from any
source as a nuisance; and such nuisance noise ordinance shall be deemed consistent with
Chapter 173 -60 WAC by the Washington Department of Ecology; and
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WHEREAS, the County Commission conducted a Public Hearing on a proposed noise
ordinance on November 24, 2014, at which Acting County Sheriff Joe Nole testified that
on average there were each month some five or six complaints to JeffCom 911
emergency dispatch about excessive or unreasonable noise: and
WHEREAS, Jefferson County now joins other counties of this State in finding a balance
between those categories of noises that require regulation as a public nuisance and those
that do not; and
NOW, THEREFORE, BE IT ORDAINED as follows:
Section One: Creation of a new chapter in the County Code.
There is hereby added to the Jefferson County Code a new Chapter in Title 8 entitled
"Noise Control," the text of which is made Attachment "A" to this Ordinance.
Section Two: Severability.
Should any section or text of the Chapter of the Jefferson County Code entitled "Noise
Control" be found to be unlawful by a court of competent jurisdiction or otherwise be
deemed unlawful, then all other sections of said Chapter shall remain effective and in full
force.
Section Three: Effective Date.
The Chapter of the Jefferson County Code entitled "Noise Control Ordinance" shall be
effective immediately upon adoption.
APPROVED this day of
SEAL:
ATTEST:
Carolyn Avery,
Deputy Clerk of the Board
, 2014.
JEFFERSON COUNTY
BOARD of COMMISSIONERS
John Austin, Chairman
David Sullivan, Member
Phil Johnson, Member
2of8
Approved as to form only:
David Alvarez, Deputy Prosecuting Attorney
3of8
NOISE CONTROL
Sections:
Purpose.
Definitions.
Administration.
Violation Defined
Public nuisance noises.
Exempt Noises
Penalties.
Provisions not exclusive.
Disclaimer of liability.
Liberal Construction
ATTACHMENT A
Ordinance No. XX- XXXX -14
Purpose.
It is County policy to minimize the exposure of citizens to the harmful nuisance, physiological,
and psychological effects of excessive noise and 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.
This Chapter supplements existing regulations for the control of public nuisance noise. It is
expressly the purpose of this Chapter to provide for and promote the health, safety and welfare of
the general public, and not to create or otherwise establish or designate any particular class or
group of persons who will or should be specially protected or benefited by the terms of this
Chapter.
Definitions.
(1) "Board" means the Board of Commissioners of Jefferson County.
(2) "County" and "Jefferson County" mean the unincorporated areas of Jefferson County.
(3) "Noise" means the intensity, duration and character of sounds from any and all sources.
(4) "Person" means any individual, corporation, partnership, association, governmental body,
state, or other entity whatsoever.
Administration.
Administration and enforcement of this Chapter is the responsibility of the Jefferson County
Sheriff, his designee and /or other entity designated by the Board, collectively referenced herein
as law enforcement..
Violation Defined.
Within unincorporated Jefferson County, it shall be a violation of this Chapter for any person to
generate, produce, disseminate or cause, or for any person in possession or control of property,
including a motor vehicle, to allow a "public nuisance noise" which law enforcement determines
unreasonably disturb(s) or interfere(s) with the peace, comfort and repose of reasonable persons
4of8
of normal hearing, including property owners or possessors of property in a different location, or
citizens in a public area.
Public nuisance noises. All of the following are defined as "Public nuisance noises:"
(a) Sound that originates from the property that exceeds the noise levels permitted by
Chapter 173 -60 WAC (Maximum Environmental Noise Levels), as that chapter now
exists or as it may hereafter be amended;
(b) Frequent, repetitive, or continuous sound of any horn, siren or car alarm attached to a
motor vehicle, except as a warning of danger or as specifically permitted or required
by law;
(c) Between the hours of 10 p.m. and 7 a.m. Sunday through Thursday (example: 10
p.m. Sunday to 7 a.m. Monday) or between 11 p.m. and 7 a.m. on Friday or Saturday
(example: 11 p.m. Friday to 7 a.m. Saturday), frequent, repetitive, or continuous
noises from starting, operating, repairing, rebuilding, or testing of any motor vehicle,
motorcycle, dirt bike, other off - highway or off -road vehicle, or any internal
combustion engine, and between the hours of 7 a.m. and 10 p.m. Sunday through
Thursday or between 7 a.m. and 11 p.m. on Friday or Saturday, this category of
noise shall also be a public nuisance noise if the noise constitutes or rises to, in the
opinion of law enforcement, a violation of subsection (k) below;
(d)Between the hours of 10 p.m. and 7 a.m. Sunday through Thursday (example: 10
p.m. Sunday to 7 a.m. Monday) or between 11 p.m. and 7 a.m. on Friday or
Saturday (example: 11 p.m. Friday to 7 a.m. Saturday), any sound made by persons
or by use of a musical instrument, whistle, sound amplifier, portable audio
equipment, or other device, electronic or not, capable of producing or reproducing
sound, which sound emanates frequently, repetitively, or continuously from any
social gathering, building, structure, or property, such as sound originating from a
band session, tavern or bar operation, an indoor or outdoor social gathering, and
where law enforcement determines the volume of such sound is such that it can be
clearly heard by a person of normal hearing at a location which is i) one hundred
fifty feet or more from the source of the sound and ii) not located on the property
containing the source of the sound;
(e) Sound from portable audio equipment, including that found in or as part of a motor
vehicle audio system, while traveling or parked in public streets, or in park areas,
residential and commercial zones, or any area where residences, schools, human
service facilities, or commercial establishments are in obvious proximity to the
source of the sound, and where the volume of such audio equipment is such that law
enforcement determines it can be clearly heard by a person of normal hearing at a
distance of one hundred fifty feet or more from the source of the sound; provided,
however, that this section shall not apply to persons operating portable audio
equipment within a public park pursuant to an event sanctioned by a responsible
authority under valid permit or license;
(f) Between the hours of 10 p.m. and 7 a.m. Sunday through Thursday (example: 10
p.m. Sunday to 7 a.m. Monday) or between 11 p.m. and 7 a.m. on Friday or Saturday
(example: 11 p.m. Friday to 7 a.m. Saturday), frequent, repetitive, or continuous
yelling, shouting, hooting, whistling or singing, with or without electronic
amplification, which law enforcement determines can be clearly heard by a person
of normal hearing at a location which is i) one hundred fifty feet or more from the
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source of the sound and ii) not located on the property containing the source of the
sound;
(g) Noise from a dog in violation of the JCC Title 6 Animal Responsibility chapter
section on "Howling and barking" as presently enacted and codified, or as may be
subsequently enacted and codified;
(h) Sound from the discharge or use of any explosive device between the hours of 10
p.m. and 7 a.m.;
(i) Sound from a propane cannon, cherry gun, or similar sound - producing device;
(j) Sound from a refrigeration unit on a commercial vehicle or from a commercial
vehicle's engine when used to operate a refrigeration unit, when the vehicle is
stationary for longer than thirty (30) minutes and the sound can be clearly heard on a
separate residential property at a distance greater than one hundred fifty feet from the
source by a person of normal hearing;
(k) Sound which law enforcement determines unreasonably disturbs or interferes with
the peace, comfort, and repose of one or more reasonable persons of normal hearing,
regardless of the distance between the source of the public nuisance noise and the
person(s) being unreasonably disturbed or annoyed. Under this subsection, a sound
meter reading is not necessary to establish that a public nuisance noise exists.
(1) Any other noise that is otherwise prohibited by state or federal law.
Exempt Noises.
Sounds originating from the sources listed here do not constitute a violation of this Chapter, are
not "public nuisance noises" and are defined as an "exempt noise" regardless of where or when
they occur, unless otherwise noted.
(a) Officially sanctioned events to which the general public is solicited to attend, including,
but not limited to, parades, festivals, or carnivals;
(b) Officially sanctioned civic or park events, and amplified or unamplified sounds as
allowed by a Special Event Permit;
(c) League, homeowner association or school sponsored events, including, but not limited to,
athletic events or use of sport courts, and band practice;
(d) Lawfully operated animal shelters, animal welfare facilities, kennels, pet shops, or
veterinary clinics;
(e) Aircraft in flight or flight operations at airports and airfields including aircraft engine
testing and maintenance;
(f) Bells, chimes, and carillons not operating continuously for more than five minutes;
(g) Warning, safety or protective devices not operating continuously for more than five
minutes, including, but not limited to, back -up warning signals;
(h) Emergency equipment and work necessary in the interests of law enforcement or for the
health, safety, or welfare of the community;
(i) Electrical substations and stationary equipment used in the conveyance of water and
wastewater by any utility;
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(j) The installation or repair of essential utility services or work necessary to protect the
public health, safety, and welfare;
(k) Generators during periods when there is no electrical service available from the primary
supplier due to power outage, where a generator is the only available source of electrical
power, and the normal periodic testing of generators during daylight hours;
(1) Vessels regulated for noise under Chapter 79A.60 RCW, "Regulation of Recreational
Vessels;"
(m)Agricultural activities not considered a nuisance pursuant to JCC 18.15.095(3), and, the
natural sounds made by livestock, such as, by way of example, cows, bison, llamas,
chickens, and roosters, and noise from a livestock guard dog on property subject to JCC
18.15.095(3), when such noise is exempt pursuant to the Animal Responsibility chapter
of the County Code;
(n) Announcements upon public streets made for the purpose of commercial advertising, or
sales, or for attracting the attention of the public by those vendors whose sole method of
selling is from moving vehicles;
(o) The operation of motor vehicles on highways which are regulated under Chapter 173 -62
WAC;
(p) Between the hours of 7 a.m. and 10 p.m., sounds originating from residential property as
a result of temporary projects for the construction, maintenance, or repair of home,
grounds, and appurtenances;
(q) The legal discharge of fireworks pursuant to RCW 70.77.395(2) and County Code;
(r) The lawful discharge of firearms;
(s) Sounds exempted under Chapter 173 -60 WAC, as that chapter now exists or as it may
hereafter be amended.
Penalties.
(1) Any violation of this Chapter shall be punished as follows:
(a) The first violation by a person within the preceding year shall be a warning.
(b) The second violation by a person within a one (1) year period shall be a Class 2 civil
infraction carrying a monetary penalty of one hundred twenty -five dollars ($125.00) plus
statutory assessments.
(c) A third or subsequent violation by a person within a one (1) year period shall be a
criminal misdemeanor punishable by a fine of up to one thousand dollars ($1,000),
ninety (90) days in jail, or both.
(2) In any prosecution for a civil infraction or criminal misdemeanor, evidence of a sound's level
through use of a sound -level meter reading shall not be necessary to establish the commission of
the offense.
(3) Civil infractions under this Chapter shall be enforced pursuant to Chapter 7.80 RCW and the
court rules.
Provisions not exclusive.
The provisions of this Chapter shall be cumulative and nonexclusive, and shall not affect any
other claim, cause of action or remedy and do not repeal, amend or modify any existing law,
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ordinance or regulation relating to noise, but shall be deemed additional to existing statutes,
regulations and ordinances.
Disclaimer of liability.
Nothing contained in this Chapter is intended to be nor shall be construed to create or form the
basis for any liability on the part of the county, its officers, employees or agents, for any injury
or damage resulting from the failure of anyone to comply with the provisions of this Chapter, or
by reason or in consequence of the implementation or enforcement pursuant to this Chapter, or
by reason of any action or inaction on the part of the county related in any manner to the
enforcement of this Chapter by its officers, employees or agents.
Liberal Construction.
This Chapter shall be liberally construed to carry out its broad purposes.
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