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HomeMy WebLinkAbout3722 ORDINANCE NO. ~ ~- ~t)7~?-'-- AN ORDINANCE regulating noise levels by setting maximum permissible noise levels, defining methods of determining such noise levels, and declaring noise levels in ex- cess of the permissible maximum to be a nuisance. 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: DEFINITIONS. All technical terminology used in this chapter not de- fined herein shall be interpreted in conformance with American National Standards Institute Specifications, Section 1.1-1960 and Section 1.4-1971. For purposes of this ordinance, the words and phrases used herein shall have the meaning indicated below: A. "Administrator" means the Mayor of the City of Bremerton, or his designee. B. "dB(A)" means a sound level, measured in decibels, ~using the A frequency-weighting network of a sound level meter. C. "District" means the land use zones to which the provisions of this ordinance are applied. For the purposes of this chapter, the following noise control districts shall be es- tablished, which include land use zones designated in the Bremer- ton comprehensive zoning ordinance, as follows: NOISE CONTROL DISTRICT LAND USE ZONES 1. District I R-l, R-2 -1- 2. District II B-i, B-2, B-3, C 3. District III M D. "Emergency work" means work made necessary to re- store property to a safe condition following a public calamity, work required t° protect persons or property from imminent expo- sure to danger, or work by private or public utilities for provid- ing or restoring immediately necessary utility service. E. "Motorcycle" means any motor vehicle having a sad- dle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, except farm trac- tors and such vehicles powered by engine of less than five horse- power. F. "Motor vehicle" means any vehicle which is self- propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010. (Aircraft, watercraft, and vehicles used on rails or tracks are not motor vehicles as that term is used herein). G. "Noise" means the intensity, duration and character of sounds from any and all sources. H. "Person" means any individual, firm, association, partnership, corporation or any other entity, public or private. I. "Police officer" means a duly appointed city, county or state law enforcement officer. J. "Property boundary" means the survey line at ground surface which separates the real property owned, rented or leased by one or more other persons and its vertical extension. K. "Public nuisance noise" means any sound which un- reasonably either annoys, injures, interferes with or endangers the comfort, repose, health or safety of three or more persons residing within separate residences in the same community or neighborhood, although the extent of damage may be unequal. L. "Receiving property" means real property within which sound originating from sources outside the property is re- ceived. -2- M. "Sound level" means a weighted sound pressure level obtained by the use of a sound level meter and weighted as speci- fied in American National Standards Institute Specifications, Section 1.4-1971. N. "Sound level meter" means a sound-level measuring device, either Type I or Type II, as defined by American National Standards Institute Specifications, Section 1.4-1971. O. "Weekend" means Saturday and Sunday or any legal holiday. SECTION 2 - ENVIRONMENTAL SOUND - UNLAWFUL SOUNDS DESIGNATED. It is unlawful for any person to cause or permit noise to intrude into the property of another person which noise exceeds the maximum permissible noise levels set forth in Sections 3 and 4 herein. SECTION 3: ENVIRONMENTAL SOUND - MAXIMUM PER- MISSIBLE LEVELS. For sound sources located within the City of Bremerton, the maximum permissible noise levels are as follows: 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) SECTION 4: MOTOR VEHICLE NOISE - SPECIFIC PRO- ~IBITIONS. A. Mufflers. Every motor vehicle operated upon the public highways shall at all times be equipped with a muffler in good working order and constant operation. B. Tire Noise. It is unlawful for any person to oper- ate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such sound from the tires in contact with the ground because of rapid acceleration or exces- sive speed around corners or other such reason, provided that noise resulting from emergency braking to avoid imminent danger shall be exempt from this section. -3- · Alteration of Motor Vehicles. It is unlawful for any person to change or modify any part of a motor vehicle or install any device thereon in any manner that permits sound to be emitted by the motor vehicle in excess of its usual or unaltered condition, so as to constitute a public nuisance. SECTION 5: PUBLIC NUISANCE AND DISTURBANCE NOISES. A. Public Nuisance Noises. Pursuant to Section 12 of this ordinance, the administrator or any police officer may deter- mine that a sound constitutes a public nuisance noise as defined herein. It is unlawful for any person to cause or allow to be emitted a noise which has been determined a public nuisance noise. B. Public Disturbance Noises. It is unlawful for any person to cause, or for any person in possession of property to allow to originate from the property, sound that is a public dis- turbance. No sound source exempted by the regulations of the administrator or police officers shall be a public nuisance noise or public disturbance noise insofar as the particular source is exempted. The following sources of sound shall be public disturb- ance noises and are also subject to regulation under the provi- sions of Sections 2 and 3: 1. Frequent, repetitive or continuous noise made by any animal which unreasonably disturbs or interferes with the peace, comfort and repose of property owners or possessors, except that such sounds made in animal shelters, or commer- cial kennels, veterinary hospitals, pet shops or pet kennels shall be exempt from this subsec- tion; provided, that notwithstanding any other provision of this chapter, if the owner or other person having custody of the animal cannot, with reasonable inquiry, be located by the investigating officer or if the animal shall be impounded by the poundmaster, subject to redemption; 2. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor ve- hicle, except as a warning of danger or as spe- cifically permitted or required by law; 3. The creation of frequent, repetitive or continu- ous noise in connection with the starting, oper- ation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within District I -4- so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or pos- sessors of real property; 4. 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 attract- ing the attention of the public to any vehicle, structure or property or the contents therein, except as permitted by law, and except that vendors whose sole method of selling is from a moving vehicle shall be exempt from this subsec- tion; 5. The making of any loud and raucous noise which unreasonably interferes with the use of any school, church, hospital, sanitarium, or nurs- ing or convalescent facility; 6. The creation by use of a musical instrument, whistle, sound amplifier, stereo, jukebox, radio, television, or other device capable of reproducing loud and raucous noises which eman- ate frequently, repetitively or continuously from any building, structure or property, such as sounds originating from a band session, tav- ern operation or social gathering. SECTION 6: ADMINISTRATOR ESTABLISHED - QUALIFICA- TIONS, POWERS AND DUTIES. A. Establishment. The position of administrator is hereby established, and shall be the Mayor, or his designee. The administrator is authorized and directed to administer and enforce the provisions of this ordinance. B. Qualifications of Administrator. The administrator shall be a person having a working knowledge of acoustics and competent in the field of noise control. The administrator shall have completed instructional guidance provided by the State De- partment of Ecology or other recognized institution to operate Type I and Type II sound level meters, and make all computations and calculations necessary to enforce this chapter. C. Duties of Administrator. The duties of the adminis- trator shall include but are not limited to: 1. Obtaining assistance from other appropriate city departments and officials; 2. Training law enforcement officers and staff; 3. Purchasing measuring instruments and training inspectors in their calibration and use; -5- 4. Establishing a noise control field procedures manual providing techniques and procedures for measuring or reducing noise and to provide for clarification, interpretation and implementa- tion of this chapter; 5. Investigating citizens' noise complaints; 6. Issuing orders for the reduction or elimination of noise in accordance with Section 12; 7. Granting or denying variances according to pro- cedures specified in Section 12; 8. Assisting citizens and city departments in eval- uating and reducing the noise impact of their activities; 9. Assisting city planning officials in evaluating the noise component in planning and zoning ac- tions; 10. Instituting a public education program on noise; 11. Reviewing at least every three years the provi- sions of ordinance and recommending revisions consistent with technology to reduce noise. SECTION 7: MEASUREMENT OF SOUND. A. If the measurements of sound are made with a sound level meter, it shall be an instrument in good operating condition meeting the requirements for a Type I or Type II instrument, as delineated in American National Standards Institute Specifications (ANSI) Section 1.4-1971. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such a manner that the overall accuracy shall be at least that called for in Section 1.4-1971 ANSI for Type II instruments. B. When the location, distance or technique for mea- surement of sound is impractical or would yield misleading or inaccurate results, measurements shall be taken at other loca- tions or distances utilizing appropriate correction factors, as specified in the rules promulgated by the administrator. C. Where a receiving property is partly within one district and partly within another, the maximum permissible noise level at a point within the property boundary shall be that per- mitted into a receiving property wholly within the lowest inten- sity district in which the sound is measured. -6- SECTION 8: VARIANCE PROCEDURE - GENERALLY. A. 1. Any 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 admin- istrator as established in Section 6 for relief from any provision of this chapter governing the quality, nature, duration or extent of dis- charge of noise. The application shall be ac- companied by such information and data as the administrator may require. 2. The city council shall promulgate, and the ad- ministrator shall enforce the rules and regula- tions governing the application for and grant- ing of such variances, including hearings and notices. B. 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 administrator. C. No variance shall be granted pursuant to this sec- tion until the administrator has considered the relative inter- ests of the applicant, other owners or possessors of property likely to be affected by the noise, and the general public. D. An implementation schedule for achieving compliance with this ordinance shall be incorporated into any variance granted. E. Variances granted pursuant to this chapter may be renewed on terms and conditions and for periods which would be appropriate on the initial granting of a variance. No renewal shall be granted except on application made at least sixty days prior to the expiration of the variance. F. Any person aggrieved by the denial, grant or terms and conditions on the grant of an application or renewal of a variance by the administrator may appeal such decision under pro- cedures set forth in Sections 9 through 11 herein. SECTION 9: RIGHT TO APPEAL. Any person aggrieved by an order, decision, ruling or interpretation by the administrator, including a variance deci- sion, may file an appeal in writing with the City Council within a period of time set by the Council. Any appeal of an order, decision, ruling or interpretation by the administrator may be -7- affirmed, reversed or modified in the Council's final order. The decision of the Council shall be final, and the appellant and the administrator bound thereby. All orders by the Council pursuant to this section and Sections 10 and 11 shall include a report giving findings of fact, conclusions, and its decision. SECTION 10: APPEAL PROCEDURE. A. Any person who desires to file an appeal pursuant to the provision set forth in this section and Sections 9 and 10 shall file a written appeal to the City Clerk and a filing fee of ten dollars. The written appeal shall contain the following in- formation: 1. The names of all appellants participating in the appeal; 2. A brief statement of the specific action pro- tested, together with any material facts claimed to support the contentions of the appellant; 3. A brief statement of the relief sought, and the reason why it is claimed the protested action should be reversed, modified or otherwise set aside; 4. The signatures of all parties named as appel- lants and their mailing addresses; 5. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. B. The Council shall fix a reasonable time for the hearing of the request for a variance, give due notice thereof to the appellants and general public, and decide the same within a reasonable time after the hearing. The final disposition by the Council shall be in the form of an order, and copies thereof shall be sent to the administrator and appellants. SECTION 11: VARIANCE PROCEDURE - COUNCIL AUTHORITY. A. No variance in the provisions or requirements of this ordinance shall be authorized by the Council unless the Coun- cil finds that all of the following facts and conditions exist: 1. That there are exceptional or extraordinary circumstances or conditions applying to the appellant's property, or as to the 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 preser- vation and enjoyment of a substantial personal or property right of the appellant possessed by -8- 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 of named persons in the same or adjacent noise control districts; 4. That the granting of such variance will not adversely affect the general policy and purpose of this act set forth in Section 9 of this chap- ter. B. In authorizing a variance, the Council may attach thereto such conditions regarding noise level, duration, type and other considerations as the board may deem necessary to carry out the policy and purpose of this chapter. SECTION 12: ENFORCEMENT - COMPLAINTS. A. Complaint Only Basis. After a complaint has been received from an identifiable person who owns, rents or leases property that is affected by a noise source and said complaint has been investigated by the administrator or any police officer, the adminstrator or any police officer may initiate proceedings as provided in subsection B of this section; provided, that the section of this chapter relating to motor vehicles shall be sub- ject to enforcement proceedings regardless of whether a complaint has been received; provided, further, that with the exception of motor vehicle noise, noises created by industrial areas are to be enforced by the State of Washington. B. Administrative Proceeding. Whenever the adminis- trator or any police officer has received a valid complaint from an identifiable person who owns, rents or leases property that is affected by a noise source, and as a result of an investigation, has knowledge that an unlawful act under this chapter is being committed in his or her presence, he or she may issue a citation immediately. If further investigation is required or if the ad- ministrator or police officer has reason to believe that an unlaw- ful act under this chapter has been committed, he or she may serve a written notice and order directed to the owner or operator of the source, the person in possession of the property -9- where the sound originates, or the holder of a variance. One copy shall also be posted on the property or source if reasonably possible, and another copy shall be mailed to each complainant about the noise, and additional copies may be mailed to other interested or affected persons as the administrator deems appro- priate. 1. The notice shall contain a brief and concise description of the conditions alleged to be in violation or to be a public nuisance noise, the provisions of this chapter alleged to have been violated, and sound level readings, if taken, including the time and place of their record- ing. 2. The order shall contain a statement of the cor- rective action required and shall specify a reasonable time within which the action must be accomplished. C. Final Orders. Any order issued by the administra- tor or police officer pursuant to this chapter shall become final unless, no later than ten days after the order is served, a person named in the notice and order files an appeal with the Council in accordance with Sections 9 through 11 herein. D. Separate Offenses. For enforcement purposes, each day, defined as the twenty-four-hour period beginning at 12:01 a.m., in which violation of this chapter occurs, shall constitute a separate violation. SECTION 13: PROVISIONS NOT EXCLUSIVE. The provisions of this chapter shall be cumulative and nonexclusive, and shall not affect any other claim, cause of ac- tion or remedy; nor, unless specifically provided, shall this chapter be deemed to repeal, amend or modify any law, ordinance or regulation relating to noise, but shall be deemed additional to existing legislation and common law on noise. SECTION 14: VIOLATION - PENALTY. A. Punishment for Violations and Crimes. Every of- fense defined by this ordinance, or conduct made unlawful hereby shall also constitute an offense under the Bremerton criminal code, and any person convicted of such an offense shall be fined -10- in the amount of five hundred dollars ($500.00), of which fine one hundred dollars ($100.00) shall not be suspended or deferred. Upon a second conviction of this offense, the fine shall be five hundred dollars ($500.00), none of which shall be suspended or deferred. B. Evidence in Criminal Proceedings. In any criminal prosecution under subsections A and B of Section 4 or 5 herein- above, evidence of sound level through the use of a sound-level meter reading shall not be necessary to establish the commission of the offense. C. Penalty for Failure to Comply with Final Orders. In addition to any other sanction or remedial injunctive proce- dure which may be available at law or equity, any person failing to comply with a final order issued by the administrator, police officer or Council shall be subject to a cumulative civil penalty in an amount not to exceed one hundred dollars per day from the date set for compliance until such order is complied with. The civil penalty shall be collected by such action brought in the name of the city. APPROVED by the City Council this first reading on this ~7 day of ,~ , 1982. PASSED by the City Council of the City of Bremer- ton, signed by the Mayor and attested by the City Clerk in authen- tication of such passage this ~ day of ~~, 1982. ATTEST: KATHLEEN L. MANDIO, City Clerk- -11- FOR ORDINANCE NO. The following regulations shall be used by the adminis- trator, pursuant to Ordinance No. ~ Y~ , to interpret and apply the provisions of said ordinance. SECTION 1: MODIFICATIONS TO MAXIMUM PERMISSIBLE NOISE LEVELS. The maximum permissible noise levels established by this section of these Administrative Regulations, and Sections 2 and 3 of Ordinance No.3]~ , shall be modified, reduced or in- creased as follows: A. Between the hours of ten p.m. and seven a.m. during weekdays, and between the hours of ten p.m. and nine a.m. on week- ends, the levels established in Section 3 of Ordinance No. ~ ~. are reduced by ten dB(A) where the receiving property lies within District I of the City. B. At any hour of the day or night, for any source of sound which is of short duration, the levels established by this chapter are increased by: five dB(A) for a total of fifteen min- utes in any one-hour period; or fifteen dB(A) for a total of 1.5 minutes in any one-hour period. C. This section shall be subject to amendment by the addition of a provision which establishes a correction factor for sources of sound which cannot accurately be measured on the A weighted scale. Said provision shall be added upon recommenda- tion of the administrator and approval of the City Council and State Department of Ecology at such time when the administrator deems necessary, and funding for equipment, personnel and other items necessary for the implementation of the provision are avail- able. 1 SECTION 2: EXEMPT AND PARTIALLY EXEMPT NOISES. A. The following noises are exempt from the provisions of this ordinance at all times; provided, that nothing in these exemptions is intended to preclude the administrator from requir- ing installation of the best available noise abatement technology consistent with economic feasibility. The establishment of-any such requirement shall be subject to the provisions of the Admin- istrative Procedure Act, Chapter 34.04 RCW: 1. Noise originating from aircraft in flight, and sounds which originate at airports and are directly related to flight operations; 2. Noise created by safety and protective devices such as relief valves where noise suppression would defeat the safety release intent of the device; 3. Noise created by fire alarms; 4. Noise created by emergency equipment, includ- ing, but not limited to, emergency standby or backup equipment, and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community; and including, but not limited to, any emergency work necessary to replace or repair essential utility services; 5. Noise created by auxiliary equipment on motor vehicles used for highway maintenance; 6. Noise originating from officially sanctioned parades, sporting events, and other public events; 7. Noise created by warning devices not operated continuously for more than thirty minutes per incident; 8. Noise created by motor vehicles when regulated by Sections 5 through 7; 9. Noise caused by natural phenomena and unampli- lied human voices; 10. Noise created by motor vehicles, licensed or unlicensed, when operated off public highways except when such sounds are received in Dis- trict I of the City; 11. Noise originating from existing natural gas transmission facilities until such time as the state sets regulations governing said facili- ties. B. The following sources of noise are exempt or par- tially exempt from the provisions of this chapter: 2 1. Noise created by the operation of equipment or facilities of surface carriers engaged in com- merce by railroad; 2. Noise created by watercraft and float planes; 3. Noise emanating from the temporary construction sites except between the hours of ten p.m. and seven a.m.; 4. Noise emanating from marine-oriented construc- tion sites except between the hours of ten p.m. and seven a.m. on weekdays, and weekends if the receiving property is located in District I of the City; 5. Noise created by aircraft-engine testing and maintenance not related to flight operations, except between the hours of ten p.m. and seven a .m.; 6. Noise originating from motor vehicle racing events at existing authorized facilities. C. It is the intention of the city council to consider amendments to Ordinance No. ~ controlling the sources exempted in subsection B of this section after the State Department of Ecology promulgates specific regulations relating to these sources in the future. SECTION 3: NOISES EXEMPT DURING DAYTIME HOURS. The following noises shall be exempt from the provi- sions of Ordinance No. ,~ ~ between the hours of seven a.m. and ten p.m. on weekdays and nine a.m. and ten p.m. on weekends: A. Noise created by powered equipment used in tempo- rary or periodic maintenance or repair of residential property, including but not limited to grounds and appurtenances, such as lawnmowers, powered hand tools and composters; B. Noise created by the discharge of firearms on au- thorized shooting ranges; C. Noise created by the installation or repair of es- sential utility services; D. Noise created by blasting; E. Noise created by bells, chimes or carillons not operating for more than five minutes in any one hour; F. Noise originating from forest harvesting and silvi- cultural activity. SECTION 4: NOISES NOT SUBJECT TO NIGHTTIME REDUCTION. The following noises are exempt from the provisions of Section 1 herein: A. Noise created by existing stationary equipment used in the conveyance of water by a utility and noise created by ex- isting electrical substations; B. Noise created by sources in industrial districts which exceed the standard contained in these regulations and which, over the previous three years, have consistently operated in excess of fifteen hours per day as a demonstrated routine or as a consequence of process necessity. No changes which would increase the noise emitted under this exemption shall be permit- ted without approval of the Department of Ecology. Changes in working hours which would affect exemptions under this regulation require approval of the Department of Ecology. 4 SUMMARY TO BREMERTON ORDINANCE NO.~~.~ An ordinance regulating noise levels by setting maximum permissible noise levels, defining methods of determining such noise levels, and declaring noise levels in excess of the permis- sible maximum to be a nuisance. Section 1: defines terms used in the ordinance and es- tablishes three (3) noise control districts which correspond to land use zones. Section 2: states noise in excess of the levels set forth in the ordinance to be unlawful. Section 3: sets maximum permissible decibel levels for each noise control district. Section 4: prohibits certain vehicle noises such as cars without mufflers, screeching tires; prohibits modification of vehicles so as to increase the vehicle's normal operational sounds. Section 5: states that certain noises will be public nuisances. Those noises are: continuous loud noises made by animals which disturb others; repetitive sounding of horns or sirens; loud and repetitive noise associated with engine repair; sound amplifiers on public streets; loud or raucous noises which disturb schools, churches, hospitals, etc.; and loud music or television noise emanating from a building or structure. Section 6: establishes the position of administrator of the noise control ordinance as the City Engineer, and states the qualifications of the administrator. Also outlines the administrator's duties. Section 7: outlines the method of measuring sound using a sound level meter and states the requirements for maintenance of the equipment. -1- Section 8: outlines variance procedures when literal enforcement of the ordinance poses a hardship. Section 9: states that appeals may be taken by persons aggrieved by a decision or ruling of the administrator, including variance decisions. Section 10: outlines appeal procedures which require that an appeal be in writing and that there be a filing fee. The section also describes the required contents of the written ap- peal statement. Section 11: states that the council decides variance requests and sets out criteria for granting or denying variances. Section 12: sets forth enforcement procedures. The ordinance will be enforced on a complaint only basis. The police and administrator are charged with enforcing the ordinance sec- tions relating to public nuisance noise. When a violation has been determined, either the police or administrator may issue a notice of violation and the contents of the notice are described in this section. Orders of the administrator become final ten (10) days after the order is served unless appealed. Each twenty four (24) hour period in which a violation occurs is considered a separate violation. Section 13: states that the provisions of the ordinance are not exclusive. Section 14: sets forth violation penalties. Violations are misdemeanors under the Bremerton Municipal Code. Sound level meter readings are not required to establish a violation. The ordinance also contains a civil penalty section for failure to comply with orders of the administrator. APPROVED by the City Council this first reading on July 27, 1982~ PASSED by the City Council of the city of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this 3rd day of August 1982. Gene Nelson , Mayor ATTEST: Kathleen L. Mandio, City Clerk --2--