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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 44 uo .10 +/ .r t17-7- °J4on 9 ,oelie „e$ + eiBUis Powell 4 elie 16t48 "4 A 7 to 1 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/