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HomeMy WebLinkAbout3591 Ordinance ORDINANCE NO.2,Ll AN ORDINANCE of the City of Pasco, Washington, amending Chapter 9.61 of the Pasco Municipal Code regarding Noise Regulation. WHEREAS, the City Council of the City of Pasco has determined that certain additions and amendments regarding Noise Regulations are warranted; NOW, THEREFORE, The City Council of the City of Pasco,Washington,Does Ordain as Follows: Section L That PMC Chapter 9.61 is amended to read as follows: CHAPTER 9.61 NOISE REGULATION Sections: 9.61.005 Declaration of Policy. 9.61.010 Maximtim Neise be Definitions. 9.61.020 Public Disturbance Noise Prohibited. 9.61.030 . Maximum Permissible Environmental Noise Levels. 9.61.040 Exceptions. 9.61.041 Additional Exceptions—Application. 9.61.045 Noise in Public Parks and Places. 9.61.050 Enforcement. 9.61.060 Violations. 9.61.070 Ordinance Additional To Other Law. 9.61.080 Severability. 9.61.005 DECLARATION OF POLICY. It is hereby declared to be the policy of the City of Pasco to minimize the exposure of citizens to the harmful effects of excessive noise. 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. 2665 Sec. 1, 1987.) 9.61.010 DEFINITIONS. (1) 'Background sound level" means the level of all sounds in a given environment, independent of the specific source being,measured. (2) "dBA" means the sound pressure level in decibels measured using the "A" weighting network on a sound level meter. The sound pressure level, in decibels, of a sound is 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure of 20 micropascals. (3) "Director" means the Director of Community and Economic Development. (4) "Distribution facilities" means any facility used for distribution of commodities to final consumers including facilities of utilities that convey water, wastewater, natural gas, and electricity. (5) "EDNA" means the environmental designation for noise abatement, being an area or zone (environment)within which maximum permissible noise levels are established. (6) "Lea" means the equivalent continuous sound pressure level. A measure of the average sound pressure level during a period of time in decibels. (7) "Noise" means the intensity, duration and character of sounds, from any and all sources. (8) "Person" means any individual corporation partnership, association, governmental body, state agency or other entity whatsoever. (9) "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 one or more other persons, and its vertical extension. (10) "Receiving property" means real property within which the maximum permissible noise levels specified herein shall not be exceeded from sources outside such property. (11) "Sound level meter" means a device which measures sound pressure levels and conforms to Type 1 or Type 2 as specified in the American National Standards Institute Specification 51.4.1971. 9.61.020 PUBLIC DISTURBANCE NOISE PROHIBITED. No person, whether or not that person is in actual possession of the noise source, shall create, continue, or cause to be created or continued, or allow to be created or continued, any public disturbance noise. "Public disturbance noise" means any sound which: (A) Is specifically included in, but not limited to, those listed in subsection C; or (B) That unreasonably disturbs or interferes with the peace, comfort and repose of owners or occupants of real property and causes a noise complaint to be reported by two or more persons occupying separate residences neither of which residence is within the same property boundary; (C) Public disturbance noises for the purposes of this section shall include, but shall not be limited to, the following specified sounds and are also subject to regulation under the provisions of Section 9.61030 of this chapter: (1) Any sound made by the use of a musical instrument, whistle, sound amplifier, juke box, radio, television, or other similar device which emanates from a building, structure, or property between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. (2) Any sound made by the unamplified human voice which emanates from a building, structure or property between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. (3) Frequent, repetitive or continuous sounds made by any animal, which emanates from a building, structure, or property and is received within a residential district. (4) Any sound made by the discharge of exhaust gases from an internal combustion engine except through a muffler. (5) Any sound made by the operation of any motorcycle, motorbike, off-road or terrain vehicle in the city on any property not a part of the street system of the City when such motorcycle, motorbike, off-road or terrain vehicle does not conform to the muffler standards required for operation on the public streets. (6) Any sound made by a horn or other similar signaling device attached to a motor vehicle except when reasonably necessary to insure safe operation as permitted in RCW 46.37.380. (7) Any sound made by a loud speaker or sound amplifier exterior to any building for commercial advertising or sales purposes or for attracting the attention of the public to any performance, show or other event. (8) Any sound which is audible at any school, other institution of learning, court, hospital, nursing, or convalescent facility, or other area where exceptional quiet is necessary; provided, signs are displayed in adjacent or contiguous streets indicating that the area is a quiet zone. (9) Any sound made by the construction, excavation, repair, demolition, destruction, or alteration of any building, property or upon any building site between the hours of 10:00 p.m. and 7:00 a.m. and is received within a residential district. (10) Any sound made by operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or air conditioner, fan or blower, or similar device used in residential areas between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a residential boundary. (11) Any sound made by speaker sound amplifier or motor vehicle audio system exterior to the passenger sitting compartment of a motor vehicle on a public street or highway (anywhere within the right-of-right thereof) of a commercial radio station broadcast, or music from an audio tape cassette, compact disc, or other recording medium. (12) Any sound from a motor vehicle audio system such as tape players,radios, and compact disc players, operated at a volume and under conditions, so as to be audible greater than seventy-five(75) feet from the vehicle itself. (13) Any sound from portable audio equipment, such as a radio, tape player or compact disc player, which is operated at such a volume so as to be audible at a distance of seventy-five (75) feet or more from the source of the sound. (Ord. 2775 Sec. 1, 1990; Ord. 2735 Sec. 1, 1989; Ord. 2665 Sec. 1, 1987.) 9.61.030 MAXIMUM PERMISSIBLE ENVIRONMENTAL NOISE LEVELS. (A) Designation of Zoned Areas. The EDNA (Environmental Designation For Noise Abatement)is hereby established as follows: (1) Residential zones- Class A EDNA (2) Commercial zones -Class B EDNA (3) Industrial zones-Class C EDNA ffl) Maximum Noise Levels (1)No person shall cause or permit noise to intrude into the property of another person which noise exceeds the maximum permissible noise levels set forth below in this section. (2)(a)The noise limitations established are as set forth in the following table after any applicable adiustments provided for herein are applied. EDNA OF EDNA OF NOISE SOURCE RECEIVING PROPERTY Class A Class B Class C CLASS A 55 dBA 57 dBA 60 dBA CLASS B 57 60 65 CLASS C 60 65 70 (b) Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the fore oin table shall be reduced by 10 dBA for receiving property within Class A EDNAs. (c) At any hour of the day or night the applicable noise limitations in (a) and(_b) above may be exceeded for any receiving property by no more than: (i) 5 dBA for a total of 15 minutes in any one-hour period; or (ii) 10 dBA for a total of 5 minutes in any one-hour period; or (iii) 15 dBA for a total of 1.5 minutes in any one-hour eriod. 9.61.040 EXCEPTIONS. (A) The following shall be exempt from the provisions of Section 9.61.030(B)between the hours of 7:00 a.m. and 10:00 p.m.: 1 Sounds originating from residential prgperty relating to temporga projects for the maintenance or repair of homes, grounds and appurtenances. (2) Sounds created by the discharge of firearms on authorized shooting_ranges. (3) Sounds created by blasting. (4) Sounds created by aircraft engine testing and maintenance not related to flight operations: Provided, That aircraft testing and maintenance shall be conducted at remote sites whenever possible. (5) Sounds created by the installation or repair of essential utility services. (B) The following shall be exempt from the provisions of Sec. 9.61.030 {B) (1) Noise from electrical substations and existing stationM equipment used in the conveyance of water, wastewater, and natural gas by a utility. (2) Noise from existing industrial installations which exceed the standards contained in these regulations and which, over the previous three years, have consistently operated in excess of 15 hours per day as a consequence of process necessity and/or demonstrated routine normal operation. Changes in working hours, which would affect exemptions under this regulation, require approval of the City. (C) The following shall be exempt from the provisions of Sec. 9.61.030 (B) except insofar as such provisions relate to the reception of noise within Class A EDNAs between the hours of 10:00 p.m. and 7:00 a.m. (1) Sounds originating from temporary construction sites as a result of construction activity. (2) Sounds originating from forest harvesting and silvicultural activity. (D) The following shall be exempt from all provisions of Sec. 9.61.030 (B): (1) Sounds created by motor vehicles when regulated by Chapter 173-62-WAC 2 Sounds orijzinating from aircraft in flight and sounds that originate at airports which are directly related to flight operations. (3) Sounds created by surface carriers engaged in interstate commerce by railroad. (4) Sounds created by warning devices not operating continuously for more than five minutes, or bells,chimes, and carillons. (5) Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible. (6) Sounds created by emergency equipment and work necessary in the interests of law enforcement or for health safety or welfare of the community. (7) Sounds originating from officially sanctioned parades and eta public events. (8) Sounds emitted from petroleum refinery boilers during startup of said boilers: Provided That the startup operation is performed during daytime hours whenever possible. (9) Sounds caused by natural phenomena and unamplified human voices. (10) Sounds created by motor vehicles, licensed or unlicensed,when operated off public highways EXCEPT when such sounds are received in Class A EDNAs. (11) Sounds on ig nating from existing natural-gas transmission and distribution facilities. However,in circumstances where such sounds impact EDNA Class A environments and complaints are received,the director or his designee may take action to abate by application of EDNA Class C source limits to the facility under the requirements of this chapter. (E) Nothing in these exemptions is intended to preclude the City from requiring installation of the best available noise abatement technology consistent with economic feasibility. 9.61.041 ADDITIONAL EXCEPTIONS—APPLICATION. (A) Additional exceptions may be granted to any person from any requirement of Section 9.61.020 of this chapter if findings are made that any such exception is in the public interest and that the proposed activity will have a substantial public participation,i.e., festivals,parades and other community celebrations. (B) Exceptions may be granted to any person from any requirement of Section 9.61.030 of this chapter 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 existing noise source or because of non-availability of feasible technology or control methods. (C) Applications shall be made to the Director of Community and Economic Development. Exceptions shall be issued only upon application in writing and after providing such information as may be requested. No exception shall be issued for a period of more than 30 days except upon due notice to the public with opportunity to comment to the City Planning Commission. The City Planning Commission shall make a recommendation for approval or disapproval to the City Council in all such cases. The City Council shall then make a final determination of approval or disapproval of an exception for a period exceeding 30 days. Public hearings may be held before the City Planning Commission, in any case, when substantial public interest is shown at the discretion of the Genifflunity Development Director. (D) Any such exceptions or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances. (E) An implementation schedule for achieving compliance with this chapter shall be incorporated into any exception from Section 9.61.030 that is issued. (F) Sources of noise, subject to this chapter, shall immediately comply with the requirements of this chapter, except in extraordinary circumstances where overriding considerations of public interest dictate the issuance of a exception. (Ord. 2665 Sec. 1, 1987.) 9.61.045 NOISE IN PUBLIC PARKS AND PLACES. (A) It is unlawful for any person to cause or for an person in charge of a rgroup of persons to allow sound from an officially sanctioned musical event to originate in a public park, stadium, center or public place,which exceeds an L eq of ninety-five 95 dB(A)for one 1 minute as measured fifty feet(50')(Uproximately fifteen 0 5)meters)from the source or sources, whether or not the sounds are live or recorded. Provided,that this limitation shall not apply to indoor events. Between the hours of 10:00 p.m. and 7:00 a.m., Sunda tough Thursday, and 11:00 p.m. and 7:00 a.m. Friday and Saturday, the maximum noise levels set in Section 9.61.030 shall govern. vern. (B) Each violation of this section which occurs after notice to the person(designated on the permit as the agent to receive notices of violations in the case of events with permits)that he or she is in violation of this section shall constitute a separate offense. At the time of application the applicant shall designate an on-premises agent who will accept notices of violations of this section during the event. The absence of the designated on-premises agent from the event or the inability of the serving agency to locate the on-premises agent or the refusal of an on-premises agent or responsible official of a grouQto accept notice of a violation shall not affect the validity of the initial or successive violations. Q The City Manager, the Director of Community and Economic Development,the Director of Administrative and Community Services,the Chief of Police, or an authorized representative of any of them may terminate a performance as a public nuisance after following the notice requirements of subsection B of this section if the decibel level exceeds one hundred five(105) dB(A) for a total of five(5)minutes in any thirty(30)minute period as measured fifty feet 50') (approximately fifteen 0 5)meters) from the source or sources. (D) Before any permit or other authorizing document is issued for any event which will produce sounds which may violate this section, the application shall be circulated to the Director of Community and Economic Development who is authorized to attach any conditions consistent with this chapter and reasonably calculated to prevent annoying sounds. (E) 1. In anypermit for use of a public park, stadium, center or public place, the Director or his designee a may stipulate that the City will require sound-control monitoring services whenever: a. Amplified sound will be used at the proposed event;and b. The Director or his designee finds that,unless monitored,the sound level originating at the proposed event may exceed the sound level in Section 9.61.045(A). The Director shall be guided b, t�pected power and type of amplification and, for those with a record of prior usage,by past events held on City property within the last two (2 years. 2. The Director,in his or her discretion, may perform the service directly, delegate performance to the authority issuing the permit, or retain an acoustician. 3. In the event that monitoring is s required,the cost of such service shall be paid by the event ep rmitee• (F) This section does not limit or diminish the management authority of the Director of Administrative and Community Services to require a performance bond or cash deposit for the use and occupancy of a public park stadium, center or public place, a security for payment of costs and expenses related thereto,damages or cleanup costs that may arise from a proposed event and/or taxes and other amounts that may become payable; nor does this section limit or diminish the City's management authority to errant or depy such permits for causes independent of the Noise Ordinance codified in this chapter. (G) A cony or digest of this section on noise in public parks and public places shall be delivered to evM person applying for a permit or other authorizing document which involves the production of sounds which may violate this section and the permittee shall sign a receipt sign . ing that he or she has received the same. 9.61.050 ENFORCEMENT. Noise measurement is not necessary for the enforcement of Section 9.61.020 of this chapter. Noise measurement for the purpose of enforcing the provisions of any section of this chapter shall be measured in dB(A) with a sound level meter in good operating condition, and properly calibrated. Except for parks and recreation areas and 9.61.020(C) 5, 6, 11, 12, and 13, enforcement of Sections 9.61.020 and 9.61.04-0.030 of this chapter shall be undertaken only upon receipt of a complaint by an identifiable person who resides, owns property, or is employed in the area affected by the noise complained of. Whenever any police officer commissioned by the City of Pasco or the Code Enforcement Officer of the City, has reason to believe that any person is in violation of any provision of this chapter, it shall be cause for the issuance of a Notice of die Violation. (Ord. 3364 Sec. 1, 1999; Ord. 2775 Sec. 1, 1990; Ord. 2665 Sec. 1, 1987.) 9.61.060 VIOLATIONS. Any person found to be in violation of the provisions of,Sestio 9 020 ^r of this chapter shall be deemed to have committed a aet, misdemeanor and for each violation shall be subject to a eivil peRalt y fine not to exceed$250, as the exclusive penalty without the imposition of incarceration. Each day that the violation continues shall be deemed a separate violation subject to the maximum fine of $250. (Ord. 2665 Sec. 1, 1987.) 9.61.070 ORDINANCE ADDITIONAL TO OTHER LAW. The provisions of this ordinance shall be cumulative and non-exclusive and shall not effect any other claim, cause of action or remedy; nor, unless specifically provided, shall it be deemed to repeal or amend or modify any law, ordinance, or regulation relating to noise, but shall be deemed additional to existing legislation and common law on noise. (Ord. 2665 Sec. 1, 1987.) 9.61.080 SEVER-ABILITY. If any section, part of section, sentence, clause or phrase of this chapter shall be held to be unconstitutional or invalid, the remaining provisions of this chapter shall nevertheless remain in full force and effect. (Ord. 2665 Sec. 1, 1987.) Section 2. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. P SED by the City Council of the City of Pasco at a regular meeting this day of s {2CXjr ^ , 2002. c Michael L. Garri on, Mayor ATTEST: APPROVED AS TO FORM: Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney