HomeMy WebLinkAbout4226 AN ORDINANCE regulating noise levels by prohibiting
excessive noise in identified environments and
noise which is disturbing to the public and a
public nuisance; and amending Chapter 6.32.
WHEREAS, the City of bremerton declares it to be the policy
of the City to minimize the exposure of citizens to the harmful
physiological and psychological effects of excessive noise, it is
the express intent of the City 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;
now, therefore
THE CITY OF BREMERTON DOES ORDAIN:
Section 1. Amendment. Section 6.32.010 of the Bremerton
Municipal Code is hereby amended as follows:
.010 DEFINITIONS.
(3) "District" means the land-use zones to which the
provisions of this chapter apply. For the purposes of this
chapter, the following noise control districts shall be
established, which include land use zones designated in the
Bremerton zoning ordinance, as follows:
Noise Control District Land Use Zones
District I ~ SF1, SF2, SF3, CBR,
DR, MF, MR
SC, BC, BP, MX, PS, LPO
District III M, IP, IG, WS, FM
Be~tJ. oz~ 2o Repeal. Section 6.32.030 EN~TTRON~ENTAL SOUND -
UNLAWFUL SOUNDS DESIGNATED is hereby repealed.
Section 3. ~mendment. Section 6.32.040 is amended to read
as follows:
.040 ENVIRONMENT SOUND - MAXIMUM PERMISSIBLE LEVELS.
A. It is unlawful for any person to cause or permit noise
from any source located within the City of Bremerton to intrude
into the property of another which exceeds the maximum or
permissible noise level set forth below:
TABLE I
District of District Receiving
Sound Source Property Within the City of Bremerton
I II III
I 55 dB(A) 57 dB(A) 60 dB(A)
II 57 dB(A) 60 dB(A) 65 dB(A)
III 60 dB(A) 65 dB(A) 70 dB(a)
[New Subsection] B. Between the hours of 10:00 p.m. and 7:00
a.m. the noise limitations of the foregoing table shall be reduced
by 10 dBA for receiving property within District I.
[New Subsection] 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
period.
[New Subsection] D. Exemptions. (1) The following shall be
exempt from the provisions of subsection A and B between the hours
of 7:00 a.m. and 10:00 p.m.:
(a) Sounds originating from residential property relating to
temporary projects for the maintenance or repair of homes, grounds
and appurtenances.
(b) Sounds created by the discharge of firearms on authorized
shooting ranges.
(c) Sounds created by blasting.
(d) 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.
(e) Sounds created by the installation or repair of essential
utility services.
(2) The following shall be exempt from the provisions of
Subsection B.
(a) Noise from electrical substations and existing stationary
equipment used in the conveyance of water, waste water, and natural
gas by a utility.
(b) 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 State Department of Ecology.
(3) The following shall be exempt from the provisions of
Subsection A and B, except insofar as such provisions relate to the
reception of noise within District I between the hours of 10:00
p.m. and 7:00 a.m.
(a) Sounds originating from temporary construction sites as
a result of construction activity.
(b) Sounds originating from forest harvesting and
silvicultural activity.
(4) The following shall be exempt from all provisions of
Subsections A and B.
(a) Sounds created by motor vehicles when regulated by chapter
173-62 WAC.
(b) Sounds originating from aircraft in flight and sounds that
originate at airports which are directly related to flight
operations.
(c) Sounds created by surface carriers engaged in interstate
commerce by railroad.
(d) Sounds created by warning devices not operating
continuously for more than five minutes, or bells, chimes, and
carillons.
(e) Sounds created by safety and protective devices where
noise suppression would defeat the intent of the device or is not
economically feasible.
(f) Sounds created by emergency equipment and work necessary
in the interests of law enforcement or for health safety or welfare
of the community.
(g) Sounds originating from motor vehicle racing events at
existing authorized facilities.
(h) Sounds originating from officially sanctioned parades and
other public events.
(i) Sounds emitted from petroleum refinery boilers during
start-up of said boilers: Provided, That the start-up operation
is performed during daytime hours whenever possible.
(j) Sounds created by watercraft.
(k) Sound created by the discharge of firearms in the course
of hunting.
(1) Sounds created by motor vehicles, licensed or unlicensed,
when operated off public highways EXCEPT when such sounds are
received in District I.
Section 4. Recodification. Section 6.32.070 MEASUREMENT OF
SOUND, shall be recodified as Section 6.32.050 entitled ENVIRONMENT
NOISE MEASUREMENT. Section 6.32.020 POSITION OF ADMINISTRATOR
ESTABLISH shall be recodified as 6.32.060.
Section 5. Repeal, New Section. Section 6.32.080 is hereby
repealed and a new section .070 is adopted to read as follows:
.070 Variance Procedure
A. A person who owns or is in possession of any property or
use, or any process or equipment, may make a request for a variance
to the Bremerton Planning Commission before a leave from any
provision of this chapter governing the quality, nature, duration
or extent of discharge or noise. The application shall be covered
by such information and data as the commission may require. The
commission shall enforce rules and regulations governing the
application for and granting of variances, including hearing and
notices. A variance or its renewal shall not be the right of the
applicant or holder thereof, but shall be at the reasonable
discretion of the Planning Commission.
B. The variance shall not be granted under this section
unless the commission has considered the relevant interests of the
applicant, other owners of property likely to be affected, and the
general public and finds that all the following facts and
conditions exist:
1. That there are exceptional or extraordinary
circumstances or conditions applying to the
applicant's property, or intended use thereof
that do not apply generally to other properties
in the same noise control district.
2. That such variance is necessary for the
preservation and enjoyment of a substantial
person or property right of the applicants
possessed by the owners of other properties
in the same noise control district;
3. That the authorization of such variance
does not endanger public health or safety
in the same or adjacent noise control districts:
4. That the granting of such variance will not
adversely affect the general policy and purposes
of this chapter.
C. In authorizing a variance, conditions regarding noise
level, duration, type and other considerations deemed necessary to
carry out the policy and purpose of this chapter may by imposed.
Section 6. Amendment. Section 6.32.090 shall be amended to
read as follows:
.090 RIGHT TO APPEAL. Any person aggrieved by an order,
decision, ruling or interpretation by the administrator including
..... ~ .... ~~ may file an appeal in writing with the office
of the Bremerton Hearing Examiner within fcurteen c~!endar dzys of
pursuant to BMC 2.84.
Section 7. Repeal. Section 6.32.110 VARIANCE PROCEDURE is
hereby repealed.
Section 8. Repeal. Section 6.32.120 ENFORCEMENT - COMPLAINTS
is hereby repealed.
Section 9. Repeal, New Section. Section 6.32.050 - MOTOR
VEHICLE NOISE and Section 6.32.060 - PUBLIC NUISANCE AND
DISTURBANCE NOISE are hereby repealed and a new section 6.32.110
is hereby adopted to read as follows:
.110 PUBLIC DISTURBANCE NOISES. It is hereby unlawful and
declared a public nuisance for any person to cause, or for any
person in possession of property to allow, noise defined in this
section. For prosecution under this section, evidence of sound
level through the use of a sound level meter reading shall not be
necessary to establish a commission of the offense. Provisions of
this section shall be accumulative and not exclusive, and shall not
affect any other claim, cause of action or remedy including any
prosecution for violation of sections regulating environmental
noise. The following shall be public disturbance noises:
1. The frequent, repetitive or continuance sound of
any horn or siren attached to a motor vehicle, except
as a warning of danger or as specifically permitted or
required by law;
2. The creation of frequent, repetitive or continuous
noise in connection with the starting, operation,
repair, rebuilding or testing of any motor vehicle,
motorcycle, off-highway vehicle or internal combustion
engine within District I so as to unreasonably disturb
or interfere with the peace, comfort and repose of
owners or possessors of real property.
3. The use of a sound amplifier or other device
capable of producing or reproducing amplified
sound upon public streets for the purpose of
commercial advertising or sales or for attracting
the attention of the public to any vehicle, structure
or property or the contents therein except as
permitted by law, and except that vendors who
sole method of selling is from a moving vehicle
shall be exempt from this subsection.
4. The creation of any other loud noises which emanate
frequently, or repetitively or continuously from
any building, structure or property which
unreasonably disturbs the peace, comfort and
repose of others.
Section 10. Repeal. Section 6.32.130 - PROVISIONS NOT
EXCLUSIVE is hereby repealed.
Section 11. Repeal, New Section. Section 6.32.140 VIOLATION
- PENALTY is hereby repealed and a new section 6.32.120 is hereby
adopted to read as follows:
.120 VIOLATIONS - CIVIL PENALTY.
A. Every offense defined by this chapter or conduct made
unlawful hereby shall constitute a civil infraction under the
Bremerton Municipal Code.
B. In addition to any other sanction or injunctive procedure
which may be available at law or equity, any person failing to
comply with the final order issued by the administrator or a police
officer shall be subject to a cumulative civil penalty in an amount
not to exceed $100 per day from the date set for compliance until
compliance. The civil penalty shall be collected by legal action
brought in the name of the City.
C. For enforcement purposes, each day, defined as a 24-hour
period beginning at 12:01 a.m. in which violation of this chapter
occurs, shall constitute a separate violation.
APPROVED by the City Council on the first reading this ~ day
of / ~ '~ O' ~.~?~ , 1989.
/
PASSED by the City Council of the City of Bremerton this//~
day of._.'/~{? ~ ~.~ · , 1989.
~CER HO~/ /
APPROVED this ~ day of~dil Pr~i~t
~~ , 1989.
E, Mayor
ATTEST:
~THLEEN L. McCLUSKEY, C~er
ORDINANCE NO. 4226
SUMMARY OF NOISE ORDINANCE
Ordinance 4226 amends Bremerton's regulations controlling
environmental noise and noises which are deemed public nuisances.
(Chapter 6.32 of the Bremerton Municipal Code). The following is
a summary by Ordinance section:
Section 1: Defines environmental noise zones by
reference to the land use designations adopted in the
recent zoning code.
Removes the definition of "Public nuisance noise" as a
nuisance which affects at least three persons at separate
residences.
Section 2: A current section declaring excess
environmental sound as an offense is repealed and
included in new amendments under Section 3.
Section 3: Defines the omission of excess environmental
noise as an offense and sets forth a number of exceptions
to maximum environmental noise limits.
Section 4: Reorganizes three current code sections
relating to administration of environmental noise
regulations.
Section 5: Combines two current code sections relating
to variances from regulations and authorizes the Planning
Commission to grant variances, rather than the City
Hearing Examiner.
Section 6: Removes redundant language from a current
section on Administrative Appeals.
Section 7: Repeals the current section on variances.
Sections 8 and 9: Current sections on enforcement of
nuisance noise are repealed and combined in one new
section. This new section removes noises from animals
which is contained in the City's Animal Control
Ordinance, and auto muffler noises which are regulated
in the Model Traffic Ordinance. Added is a section
prohibiting general nuisance noise which is defined as
1
any loud and frequent, repetitive or continuance noise
which unreasonably disturb the peace, comfort and repose
of others.
Sections 10 and 11: Two current penalty and enforcement
sections are repealed and combined in a new section. The
new section declares violations of the noise regulation
chapter as a civil infraction punishable by a fine of up
to $250.00. In addition, failure to comply with final
administrative orders is also subject to a civil penalty
of $100.00 per day.
A copy of the complete text of this Ordinance is available in the
City Clerk's office upon request.
PASSED this 16 day of August , 1989.