HomeMy WebLinkAbout4891 AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 6.32.010 of the
Bremerton Municipal Code relating to noise control districts to
include the DW and DC zones.
WHEREAS, the current provisions of Section 6.32.010 of the Bremerton
Municipal Code relating to noise control districts do not address which district the Downtown
Waterfront (DW) and Downtown Core (DC) zones are in; and
WHEREAS, the City Council desires to update the provisions relating to noise
control districts to provide for the DW and DC zones; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 6.32.010 of the Bremerton Municipal Code entitled
"Definitions" relating to noise levels is hereby amended to read as follows:
6.32.010 DEFINITIONS.
All technical terminology used in this chapter not defined herein shall be interpreted in
conformance with American National Standards Institute Specifications, Sections 1.1-1960 and
1.4-1971. For purposes of this chapter, the words and phrases used herein shall have the
meaning indicated below:
(a) Admlmstrator means the mayor of the city of Bremerton or his or her designee.
(b) "db(A)" means a sound level, measured in decibels, using the A frequency-
weighing network of a sound-level meter.
(c) "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
District II PO, NB, GB, SC, BC, BP, MX, PS, LPO, DW, DC
District III 1P, IG, WS, FM
(d) "Emergency work" means:
(1) Work made necessary to restore property to a safe condition following a
public calamity;
(2) Work required to protect persons or property from imminent exposure to
danger; or
(3) Work by private or public utilities for providing or restoring immediately
necessary utility service.
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Downtown District Noise Control
(e) "Motorcycle" means any motor vehicle having a saddle for the use of the rider
and designed to travel on not more than three wheels in contact with the ground, except farm
tractors and such vehicles powered by an engine of less than five horsepower.
(f) "Motor vehicle" means any vehicle which is self-propelled, used primarily for
transporting persons br 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 real
property owned, rented or leased by one or mom other persons and its vertical extension.
(k) "Receiving property" means real property within which sound originating from
sources outside the property is received.
(1) "Sound level" means a weighted sound pressure level obtained by the use of a
sound level meter and weighted as specified in American National Standards Institute
Specifications, Section 1.4-1971.
(m) "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.
(n) "Weekend" means Saturday and Sunday or any legal holiday.
SECTION2. Severabilit¥. If any one or mom sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the~_.~ day of tu~sg~z~2 ,2004
PASSED by the City Council the~.~.~ day of
2004
AREN NYGRE~, Cot~l President
Approved this ~ day of t~t~sr~...~
CARY BOZEMAN, Mayor
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Downtown District Noise Control
ATTEST: APPROVED AS TO FORM:
PAL~L~"joHNs'T/~,~I~eri'm City Clerk ~'~(~ER A. L~BOVICH, City
day of , ., .~Or~O~..~ ,2004
PUBLISHED
the
EFFECTIVE the ~ day of ~7~ll~- .2004
ORDINANCE NO. ~ _ff ~ / (- ~
R:\LEGAL\Ordinances\Community Development~4oise zones.doc
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Downtown District Noise Control
AFFIDAVIT OF PUBLICATION
No. Ad # 100102454
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE
SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the
County of Kitsap, in which County it is published and is now and has been for more than six months prior
to the date of the publication hereinafter referred to, published in the English language continually as a
daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was
printed in an office maintained in the aforesaid place of publication of said newspaper; April 26, 2004 and
that such newspaper was regularly distributed to its subscribers during all of said period. That the full
amount of the fee charged for the foregoing publication is the sum of $31.31 which amount has not been
paid in full.
(Signature of Principa er /
Subscribed and sworn to before me this day of May 6, 2004. ~
Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 4891' ~
AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 6.32.010
of the Bremerton Municipal Code relating to noise control districts to include the DW and DC zones.-
APPROVED by the City Council the 14th day of April, 2004-
PASSED by the City Council the 21st day of April, 2004-
The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA
98337.-
April 26, 2004--#100102454-