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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 Section 6.32.030 EN~TTRON~ENTAL SOUND - UNLAWFUL SOUNDS DESIGNATED is hereby repealed.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.