HomeMy WebLinkAbout2665 OrdinanceORDINANCE NO. 2665
AN ORDINANCE relating to Noise Control; defining offenses
and prescribing penalties; and, adding a new chapter to the Pasco
Municipal Code.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION ONE. There is hereby added to the Pasco
Muncipal Code a new chapter, Chapter 9.61, Noise Regulation,
to read as follows:
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 psyeheieg±eal-and
phys±eiegteal 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.
9.61.010 MAXIMUM ENVIRONMENTAL NOISE LEVELS. WAC
173-60-020, WAC 173-60-040, WAC 173-60-050, and WAC
173-60-090 and all future amendments thereto unless
specifically exempted within this chapter are hereby
adopted by reference.
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 this section; or (B) 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. 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
9.61.010 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.
Ordinance No.
Page No. 2
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
Ordinance No.
Page No. 3
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.
9.61.030 DESIGNATION OF ZONED AREAS. The EDNA
(Environmental Designation For Noise Abatement) is
hereby established as follows:
A. Residential zones - Class A EDNA
B. Commerical zones - Class B EDNA
C. Industrial zones - Class C EDNA
9.61.040 EXCEPTIONS. (A) 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 9.61.010 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 Community
Development Director. 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 a exception for a period
exceeding 30 days. Public hearings may be held before
Ordinance No.
Page No. 4
the City Planning Commission, in any case, when
substantial public interest is shown at the discretion
of the Community 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 9.61.010 that is issued.
(F) Sources of noise, subject to this chapter, upert
wheh--eenstruet±em--beg±ms--after--the--effeet4ve--date
hereef 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.
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,
enforcement of Section 9.61.020 and 9.61.010 of this
chapter shall at the-d±seret±en-ef-amy-iaw-enfereement
effieer 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 Section 9.61.020 of this chapter, he shall,
before the issuance of a Notice of Infraction, notify
such person of the violation and request compliance with
this chapter. Failure of any person to cease after
notification thereof of any violation of Section
9.61.020 shall be cause for the issuance of a Notice of
Infraction.
9.61.060 VIOLATIONS. Any person found to be in
violation of the provisions of Section 9.61.020 or
9.61.010 of this chapter shall be deemed to have
committed a civil infraction and for each violation
shall be subject to a civil penalty not to exceed $250.
oe W. ac son, Mayor
ATTEST:
yn ells, City Clerk
Ordinance No.
Page No. 5
Each day that the violation continues shall be deemed a
separate violation subject to the maximum civil penalty
of $250.
9.61.070 ORDINANCE ADDITIONAL TO OTHER LAW. The
provisions of this ordinance shall be cumulative and
nonexclusive 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.
9.61.080 SEVERABILITY. 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.
SECTION TWO. This ordinance will be in full force and take
effect five (5) days after its passage and publication.
PASSED by the Paseo sCity Council and approved by the
Mayor on the Z of ---,4,ei„,74 ,4,w , 191.
APPROVED AS TO FORM:
Greg A. ubstello, City Attorney
November 3, 1987
Tri City Herald
P.O. Box 2608
Pasco, Washington 99302
Gentlemen:
Please publish the attached Ordinance Nos. 2664 and 2665 on the
following date:
November 6, 1987
Please send two (2) Affidavits of Publication for each.
Sincerely yours,
Evelyn Wells
City Clerk
ew
, ORDINANCE NO 2865
AN ORDINANCE relat
into Noise Control, defif
televis on, or ,other simll&
device which ,emanates ,
from ,a building 'structure,
or property', between t the
hours of .1000 Lp m and
7 00 a m and is received
within a residential district
'2 Any sound- made by
the unampillied, human
voice which emanates from
, a building, structure or
, property between the hours
of 10 00 p m and 700 a m
and is received within ales - 613 N
identlai district • ege 3 'Frequent: repetitive or sickle
continuous ,sounds made
by any animal'whIch ema-
nates ..‘from.,arilbuilding.
structure, or property and Is
received within aoesiz
donde' district 'fli;
Any'sourld made by
the discharge or exhaust
9aSes from an Internal com-
bustion engine except
through a muffled
,"5 - Any two& Imade by
the operation of any motor -
cYcle, motorbike, off-road
or terrain vehicle in the city
on any property _pot asp!trt
ot the street system ,o the
city when such motorcycle;
motorbike off-road orator-
rain vehichle does not col-
, ,form loathe muffler
standa rds "requiredfor op-
the 'public
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AFFIDAVIT OF PUBLICATION
COUNTY OF BENTON
88.
STATE OF WASHINGTON
JANELLA W I NGLE , being duly sworn,
deposes and says, I am the Legal Clerk of the Th-City Herald, a
daily newspaper That said newspaper is a legal newspaper and
has been approved as a legal newspaper by order of the superior
court in the county in which it is published and it is now and has
been for more than six months prior to the date of the publication
hereinafter referred to, published countinually as a daily newspa-
per in Benton County, Washington That the attached is a true
copy of a Ordinance No. 2665 as it
was printed in the regular and entire issue of the Tr-City Herald
itself and not in a supplement thereof, 001 time(s),
commencing on 110687 , and ending on
110687 , and that said newspaper was regulary
distributed to its subscribers during all of this period
a,ti.44 Lezr -27;(/
SUBSCRIBED AND S4WORN BEFORE ME THIS
DAY OF 72/L-1-4-(2-2,$L/10A. , /6?,
Notary public In and for the Stat of Wash-
ington, residing at Kennewrek
COMMISSION EXPIRES r-67-47e/