CITY OF PROSSER, WASHINGTONORDINANCE NO. 11-2729

AN ORDINANCE ESTABLISHING NOISE CONTROLS WITHIN THECITY, PROVIDING THAT VIOLATION OF THE ORDINANCE IS ACLASS 1 CIVIL INFRACTION TO BE ISSUED PURSUANT TOCHAPTER 1.40 PMC, AND THAT A FOURTH VIOLATION OF THEORDINANCE SHALL BE A MISDEMEANOR. THE ORDINANCEALSO PROVIDES FOR EXEMPTIONS FROM THE APPLICATIONOF THE ORDINANCE TO CERTAIN ACTIVITIES. THEORDINANCE ESTABLISHES CHAPTER 8.50 PMC T0 BE KNOWNAS “NOISE CONTROL”. THE ORDINANCE ALSO SETS FORTHTHE EFFECTIVE DATE OF THE ORDINANCE AND PROVIDESTHAT ITS PROVISIONS ARE SEVERABLE FROM ONE ANOTHERAND PROVIDES FOR PUBLICATION BY SUMMARY.

WHEREAS, the City Council finds that it is necessary to enact the regulationsin section 9 of this Ordinance, in addition to the regulations adopted by the State ofWashington in order to regulate special conditions from noise on public streets, vehicles,or other areas where the use of a decirneterwould not be practical; and

WHEREAS, the City Council finds that special conditions exist because of thesmall geographical size of the City where many public, industrial, and commercial areaslie directly adjacent to residential zones, so that variance from the State Standards forexemptions is appropriate as provided for in sections 8 and 9 of the Ordinance;

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PROSSER,WASHINGTON, DO ORDAIN AS FOLLOWS:

Section 1. Prosser Municipal Code chapter 8.50 is hereby established to be known as“Noise Control”.

Section 2. Prosser Municipal Code section $50,010 is hereby enacted to read as follows:

8.50.010 Scope and intent.

This chapter shall apply to the control of all sound originating within the cityof Prosser. It is the policy of the city to minimize the exposure of citizens to thephysiological and psychological dangers of excess noise, and to protect,promote, and preserve the public health, safety and welfare. In furtherance ofthis policy, it is the intent of the city council that noise be prohibited when it isin excess of specified decibel levels, as well as when it unreasonably disturbsthe comfort, peace, and repose of others.

Section 3. Prosser Municipal Code section 8.50.020 is hereby enacted to read as follows:

8.50.020 De?nitions.

As used in this chapter, unless the context or subject matter clearly requiresotherwise, the following words or phrases shall have the following meanings:

A. “Background sound level” means the level of all sounds in a givenenvironment, independent of the specific source being measured.

B. “dBA” means the sound pressure level, in decibels measured using the “A”weighting network on a sound level meter. The sound pressure level, indecibels, of a sound is 20 times the logarithm to the base 10 of the ratio of thepressure of sound to a reference pressure of20 micropascals.

C. “EDNA” means the environmental designation for noise abatement, beingan area or zone (environment) within which maximum permissible noise levelsare established.

D. “Multifamily units” shall include, but not be limited to: duplexes, triplexes,apartment houses and condominiums. The property lines of such units shallinclude the walls, ceilings and floors of each unit.

E. “Noise” means the intensity, duration and character of sounds, from any andall sources.

F. “Noise control officer” means the city’s code enforcement officer, buildingofficial, or any police officer, or any of their designees.

G. “Owner” shall include the owner or owners of the premises or lesser estatetherein, a mortgagee or vendee in possession, an assignee for rents, receiver,executor, trustee or other person, firm, entity, or corporation in control of abuilding or property.

H. “Person” means any individual, corporation, partnership or association, orother entity and the agents, employees, servants and legal successors thereof;or agency of state, county or municipal government; or agency of the federalgovernment which is subject to the jurisdiction of the state of Washington.

I. . “Property boundary” means the surveyed line at ground surface, whichseparates the real property owned, rented or leased by one or more persons,from that owned, rented or leased by one or more other persons, and its verticalextension.

J. “Receiving property” means real property within which the maximumpermissible noise levels specified herein shall not be exceeded from sourcesoutside such property.

K. “Shoreline” means the existing intersection of ‘water with the groundsurface or with any permanent shore-connected facility.

L. “Sound level meter” means a device which measures sound pressure levelsand conforms to Type ls or Type 25 as speci?ed in the American NationalStandards Institute Specifications.

Section 4. Prosser Municipal Code section 8.50.030 is hereby enacted to read as follows:

8.50.030 Noise control officer -— Creation.

The position of noise control officer is hereby created. The noise controlofficer shall be the building official of the city, the code enforcement officer ofthe City of Prosser and any police officer, or any of their designees.

Section 5. Prosser Municipal Code section 8.50.040 is hereby enacted to read as follows:

8.50.040 Noise control officer — Powers and duties.

In order to implement this chapter, the noise control officer or his designeeshall:

A. Conduct, or cause to be conducted, research, monitoring and other studiesrelated to sound.

B.Conduct programs or public education related to causes, effects andmethods to abate and control noise.

C. Encourage the participation of public interest groups in such publicinformation efforts.

D. Cooperate with all appropriate state and federal agencies.

E. Draft needed noise control regulations.

F. Recommend entering into contracts with the approval of the city council forproviding technical and enforcement services.

G. Review public and private projects and advise whether such projects arelikely to cause violations of this chapter.

H. Require the owner or operator of any commercial or industrial activity tomeasure the sound level from any source in accordance with the methods andprocedures and at such locations and times as the noise control officer mayreasonably prescribe and to furnish reports of the results of such measurementsto the noise control officer. The noise control officer may require themeasurements to be conducted in the presence of his enforcement officials.

I. Seek noise program grants and other funds and gifts from public and privatesources.

Section 6. Prosser Municipal Code section 8.50.050 is hereby enacted to read as follows:

8.50.050 Identi?cation of environments.

A. The EDNA of any property shall be based on the following typical uses:

1. Class A EDNA. Lands where human beings reside and sleep. Typically,Class A EDNA will be the following types of property used for humanhabitation:

a. Residential;b. Multiple-family living accommodations;c. Recreational and entertainment (e.g., camps, parks, camping facilities andresorts); andd. Community service (eg, orphanages, homes for the aged, hospitals, healthand correctional facilities).

2. Class B EDNA. Lands involving uses requiring protection against noiseinterference with speech. Typically, Class B EDNA will be the following typesof property:

a. Commercial living accommodations;b. Commercial dining establishments;c. Motor vehicle services;d. Retail services;e. Banks and office buildings;f. Miscellaneous commercial services; property not used for human habitation;g. Recreation and entertainment; property not used for human habitation (e.g.,theaters, stadiums, fairgrounds and amusement parks); andh. Community services; property not used for human habitation (e.g.,educational, religious, governmental, cultural and recreational facilities).

3. Class C EDNA. Lands involving economic activities of such a nature thathigher noise levels than experienced in other areas are to be anticipated.Persons working in these areas are normally covered by noise controlregulations of the Department of Labor and lndustries. Uses typical of Class AEDNA are generally not permitted within such areas. Typically, Class CEDNA will be the following types of property:

a. Storage, warehouse and distribution facilities;b. Industrial property used for the production and fabrication of durable andnondurable manmade goods; and

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c. Agricultural and silvieultural property used for the production of crops,wood products or livestock.

E. Land classi?cation shall conform with PMC Title 18, Zoning, as follows:

l. Class A EDNA are districts primarily utilized for residential purposes in thecity and include RR, RL, RMS, RM, RH, RMP, SSR, UR, and PF , Any futurezoning change will also control the EDNA classi?cation (eg., if a RI. ischanged to I, the I EDNA would apply).

2. Class B EDNA are districts primarily utilized for commercial purposes inthe city and include CN, CD, CG, CT, CP, and AT,

3. Class C EDNA are districts primarily utilized or potentially utilized forindustrial purposes in the city and include IL, IH, and A. EDNA designationsshall be amended as necessary to conform to zone changes under PMC Title18.

4. A property with a conditional use permit in the city shall be governed by thelowest decibel level of the zoning district of the property.

5. When one district abuts other districts, the lowest decibel level shall apply.

Section 7. Prosser Municipal Code section 8.50.060 is hereby enacted to read as follows:

8.50.060 Maximum permissible environmental noise levels.

No person shall cause or permit noise to intrude into the property of anotherperson which noise exceeds the maximum permissible noise levels set forthbelow in this section.

A. The noise limitations established are as set forth in the following table after any applicableadjustments provided for herein are applied.

EDNA OF EDNA OFNOISE SOURCE RECEIVING PROPERTY

Class A Class B Class C

CLASS A 55 dBA 57 dBA 60 dBA

CLASS B 57 60 65

CLASS C 60 65 70

B. Between the hours of 10:00 p.m. and 7:00 a.m., the noise limitations of theforegoing table shall be reduced by 10 dBA for receiving property within ClassA EDNAS.

C. At any hour of the day or night the applicable noise limitations insubsections (1) and (2) may be exceeded for any receiving property by no morethan:

1. Five dBA for a total of 15 minutes in any one-hour period; or

2. Ten dBA for a total of five minutes in any one~hourperiod; or

3. Fifteen dBA for a total of one and one—hall‘minutes in any one-hour period.

D. No construction, excavation, hauling or removal of fill shall be permittedbefore the hour of 9:00 am. on Saturday or Sunday.

E. If the background sound level is above the maximum permissibleenvironmental noise levels set forth in this section, the maximum permissiblesound source level in excess of the background sound level shall be 10decibels, measured at or within a receiving property.

Section 8. Prosser Municipal Code section 8.50.070 is hereby enacted to read as follows:

8.50.070 Exemptions.

A. The following shall be exempt from PMC 8.50.060 between the hours of7:00 a.in. and l0:00 p.m.:

1. Sounds originating from residential property relating to temporary projectsfor the construction, maintenance, or repair of homes, ground andappurtenances.

2. Sounds created by the discharge of ?rearms on authorized shooting or ?ringranges.

3. Sounds created by blasting.

4. Sounds created by aircraft engine testing and maintenance not related toflight operations, provided that aircraft testing and maintenance shall beconducted at remote sites whenever possible.

5. Sounds created by the installation or repair of essential utility services.B. The following shall be exempt from PMC 8.50.060/~\:

1. Noise from electrical substations and existing stationary equipment used inthe conveyance of water or waste water by a utility.

2. Noise from existing industrial installations which exceed the standardscontained in these regulations and which, over the previous three years, haveconsistently operated in excess of 15 hours per day as a consequence of processnecessity and/or demonstrated routine normal operation. Changes in workinghours which would affect exemptions under this regulation, require approval ofthe noise control officer.

C. The following shall be exempt from PMC 8.50.060, except insofar as suchprovisions relate to the reception of noise within Class A EDNA°s between thehours of 10:00 p.m. and 7:00 a.m,:

1. Sounds originating from temporary construction sites as a result ofconstruction activity.

D. The following shall be exempt from PMC 8.50.060:

1. Except as otherwise provided for by this Chapter, sounds created by motorvehicles when regulated by Chapter 173-62 WAC.

2. Sounds originating from aircraft in ?ight and sounds that originate atairports which are directly related to ?ight operations.

3. Sounds created by surface carriers engaged in interstate commerce byrailroad.

4. Sounds created by warning devices not operated continuously for more thanfive minutes or bells, chimes and carillons.

5. Sounds created by safety and protective devices where noise suppressioncould defeat the intent of the device, or is not economically feasible.

6. Sounds created by emergency equipment and work necessary in the interestsof law enforcement or for health, safety or welfare of the community.

7. Sounds originating from motor vehicle or motorcycle—racingevents atexisting authorized facilities, or being sanctioned by a responsible authority.

8. Sounds speci?cally permitted by a special event permit issued in accordancewith chapter 5.30 PMC.

9. Sounds emitted from petroleum re?nery boilers during startup of saidboilers; provided that the startup operation is performed during daytime hourswhenever possible.

10. Sounds caused by unamplified human voices, except for public disturbancenoises as set forth in PMC 8.50.080.

1l. Animal noises which are regulated.

12. Except as otherwise provided for in this Chapter, Sounds created by motorvehicles, licensed or unlicensed, when operated off public highways exceptwhen such sounds are received in Class A EDNAS.

13. Sounds created by unamplified human voices in city parks, or created byrecreational or sports activities in city parks, between the hours of 10:00 a. m.and 11:00 p. m. from May 1 to September 1.

14. Sounds created by School sponsored events at Presser School Districtfacilities.

Section 9. Presser Municipal Code section 850.080 is hereby enacted to read as follows:

8.50.080 Public disturbance noises.

A. General Prohibition. In addition to sounds that exceed the maximumpermissible sound levels described in this chapter, it is unlawfulfor any personto cause, or for any person in possession of property to allow to originate fromthe property, sound that is a public disturbance noise.

B.Def1nition. “Public disturbance noise” means any noise, sound or signalwhich unreasonably disturbs the comfort, peace, or repose of another person orpersons without regard to sound level measurement, and to refuse orintentionally fail to cease the unreasonable noise when ordered to do so by apolice officer. The following sounds are declared to be public disturbancenoises for the purposes of this section:

l.Frequent, repetitive, or continuous noise made by any animal whichunreasonably disturbs or interferes with the peace, comfort, and repose ofproperty owners or possessors, except that such sounds made by animalshelters or commercial kennels, veterinary hospitals, pet shops, or pet kennelslicensed under and in compliance with applicable regulations shall be exemptfrom this subsection.

2. The frequent, repetitive or continuous sounding of any horn or siren attachedto a motor vehicle except as a warning of danger or as speci?cally permitted orrequired by law.

3. The creation of frequent, repetitive, or continuous sounds in connection withthe starting, operation, repair, maintenance, rebuilding, or testing of any motorvehicle, motorcycle, oftlhighway vehicle, or internal combustion engine in anyresidential district so as to unreasonably disturb or interfere with the peace,comfort, and repose of owners or possessors of real property.

4. Yelling, shouting, hooting, whistling or singing on or near the public streets,between the hours of l 1:00 p.m. and 7:00 a.m., so as to unreasonably disturb or

interfere with the peace, comfort and repose of owners or possessors of realproperty.

5. The creation of frequent, repetitive or continuous sounds which emanatefrom any building, structure, apartment, or condominium, or yard or parkinglot adjacent thereto, which unreasonably interfere with the peace, comfort, andrepose of owners or possessors of real property, such as sounds from audioequipment, musical instruments, televisions, band sessions, or socialgatherings.

6. Sound from motor vehicle sound systems, such as tape players, radios andcompact disc players, operated at a volume so as to be audible greater than 50feet from the vehicle itself on any property or on a street as de?ned in RCWChapter 46.

7. Sound from audio equipment, such as loud speakers, ampli?cationequipment, tape players, radios and compact disc players, operated at a volumeaudible greater than 50 feet from the source and not operated upon the propertyof the operator or with the knowledge, permission or consent of the owner orlegal occupant of the property, and if operated on the property of the operatoror with the knowledge, permission or consent of the owner or legal occupant ofthe property, then so as to be audible greater than 50 feet from the boundary ofthe property. For the purposes hereof, any sound, music or other noiseemanating from fixed or portable audio equipment of or in a business shall bepresumed to be with the knowledge, permission or consent of the owner orlegal occupant of the property, which presumption may be rebutted byreasonable evidence to the contrary.

8. Any other frequent, repetitive, or continuous noise, sound or signal within aresidential district which unreasonably disturbs or interferes with the comfort,peace and repose of owners or possessors of real property.

C. Exemptions. This section shall not apply to the following:

1. Sounds specifically permitted by a special event permit issued in accordancewith chapter 5.30 PMC.

2. Sounds originating from residential property between the hours of 7:00 am.and l0:O0 p.m., relating to temporary projects for the maintenance or repair ofhomes, grounds, or appurtenances, including but not limited to sounds of lawnmowers, hand power tools, chain saws, snow removal equipment andcornposters.

3. Sounds originating from construction sites, including but not limited tosounds from construction equipment, power tools and hammering, between7:00 a.m. and 10:00 pm.

4. Public construction projects, emergency construction or repair by publicutility agencies, emergency vehicle operation or actions by emergency serviceproviders or any other emergency repair and construction to prevent furtherdamage to persons or property during ?oods or windstonns or other propertyor life—threateningemergencies which may occur.

5. Sounds speci?cally exempted by 8.50.070.

Section 10. Prosser Municipal Code section 8.50.080 is hereby enacted to read asfollows:

8.50.0890 Nuisance regulations not prohibited.

Nothing in this chapter shall be construed as preventing the city fromregulating noise from any source as a nuisance.

Section 11. Prosser Municipal Code section 8.50.090 is hereby enacted to read asfollows:

8.50.100 Variances

A. Generally. The noise control officer shall have the authority to grant avariance where practical difficulties, unnecessary hardships and resultsinconsistent with the general purposes of this noise control code might resultfrom the strict application of its provisions.

B. Application. The property owner or his agent may make application to thenoise control office for a variance on forms provided by that office.

C. Public hearing. The noise control officer shall hold a public hearing on anyproposed variance and shall give notice thereof by one (1) publication in thecity’s official newspaper at least ten (10) days prior to the hearing. Notice shallbe given to all property owners within a radius of at least three hundred (300)feet of the subject property’s boundaries, and, when determined by the noisecontrol office, a greater distance of the exterior boundaries of the subjectproperty.

D. Conditions for granting variances. Before any variance may be granted, itshall be known and the noise control officer shall find:

l. The variance shall not constitute a grant of special privilegesinconsistent with a limitation upon uses of other properties in the vicinity andzone in which the subject property is located;

2. That such variance is necessary, because of special circumstancesrelative to size, topography, location or surroundings of the subject property toprovide it with the rights and privileges enjoyed by other property owners inthe vicinity and in the zone in which the property is located; and

3. That the granting of the variance will not be materially detrimental tothe comfort, repose, health or safety of the public.

Noise control officer action and validity. The decision of the noise controloffice shall be ?nal and conclusive. Any variance authorized by the noisecontrol office shall expire by limitation if the use necessitating the variance isnot begun within one (1) year of authorization or if the use is discontinued,suspended or abandoned for and one (1) year period.

Section 12. Prosser Municipal Code section 8.50.100 is hereby enacted to read asfollows:

8.50.110 Enforcement.

The noise control officer, as well as other persons designated by the CityAdministrator, shall have the authority to enforce the provisions of this chapterand have the authority to issue civil infractions for violation of this chapter.

Section 13. Presser Municipal Code section 8.50.110 is hereby enacted to read asfollows:

8.50.120 Penalties.

Violation of the provisions of this chapter shall be a class 1 civil infraction tobe issued in accordance with chapter 1.40 PMC. The city shall have no duty toobtain voluntary correction before issuing a civil infraction under this chapter.Each day during which a violation occurs or exists shall be deemed a separatecivil infraction. Except for a violation of 8.50.080(B)(6), three separatesubsequent violations of this chapter by the same violator within any twelvemonth period of time shall constitute a misdemeanor, punishable by amaximum fine of $1,000 and maximum confinement in jail for 90 days, or bothsuch fine and confinement.

Section 14. Prosser Municipal Code section 8.50.120 is hereby enacted to read asfollows:

8.50.130 Other rights, remedies, powers, duties and functions.

A. Nothing in this chapter shall be construed to deny, abridge or alter analternative right of action or remedies in equity or under common law orstatutory law, criminal or civil.

B. Nothing in this chapter shall deny, abridge or alter any powers, duties andfunctions relating to noise abatement and control now or hereafter vested inany state agency, nor shall this chapter be construed as granting jurisdictionover the industrial safety and health of employees in work places, as now orhereafter vested in the department of labor and industries.

Section 15. Prosser Municipal Code Chapter 8.50.990 is hereby enacted to read asfollows:

8.50.990 Scverability.

If any section, subsection, sentence, clause, paragraph, phrase, or word of thischapter should be held to be invalid or unconstitutional by a court of competentjurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity orconstitutionality of any other section, subsection, sentence, clause, paragraph, phrase orword of this chapter.

Section 16. SEVERABILITY. The provisions of this ordinance are hereby declaredto be severable. If any section, subsection, sentence, clause, or phrase of this ordinance orits application to any person or circumstance is for any reason held to be invalid orunconstitutional, the remainder of this ordinance shall not as a result of said section,sentence, clause, or phrase be held unconstitutional or invalid.

Section 17. This ordinance shall take effect ?ve (5) days after passage and publication ofan approved summary thereof consisting of the title.

PASSEDby the City Council and APPROVED by the Mayor this =

2011.

Attest:

$3 9

Rachel Shaw, City Clerk § c3}-° '~ {gm. . ‘EAPPROVED AS TO FORM: g 3 AEELAL

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SUMMARY OF ORDINANCE NO. 11-2729

of the City of Presser, Washington

day of Li’. ~I 3 , 2011, the City of Presser, Washington,

passed Ordinance No. 11-2729‘ A summaryof the content of said ordinance, consisting of thetitle, provides as follows:

AN ORDINANCE ESTABLISHING NOISE CONTROLS WITHIN THECITY, PROVIDING THAT VIOLATION ()F THE ORDINANCE IS ACLASS 1 CIVIL INFRACTION TO BE ISSUED PURSUANT TOCHAPTER 1.40 PMC, AND THAT A FOURTH VIOLATION OF THEORDINANCE SHALL BE A MISI)EMEANOR. THE ORDINANCEALSO PROVIDES FOR EXEMPTIONS FROM THE APPLICATIONOF THE ORDINANCE TO CERTAIN ACTIVITIES. THEORDINANCE ESTABLISHES CHAPTER 8.50 PMC TO BE KNOWNAS “NOISE CONTROL”. THE ORDINANCE ALSO SETS FORTHTHE EFFECTIVE DATE OF THE ORDINANCE AND PROVIDESTHAT ITS PROVISIONS ARE SEVERABLE FROM ONE ANOTHERAND PROVIDES FOR PUBLICATION BY SUMMARY.

The full text of this Ordinance will be mailed upon request.

DATED this I , 2011

CITY CLERK,RACHELSHAW