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X00790ORNFAWCANVAWIMMV1 <br />GREGORY L. ZEMPEL <br />Our Mission: <br />Seeking Justice; Serving Victims, and <br />Holding Offenders Accountable <br />MEMO <br />To: BOCC & Mark Cook, Public Services Director <br />From: Stephanie Hartung, Chief Civil Deputy <br />Re: County Noise Ordinance <br />Date: October 3, 2023 <br />Legal Issues: What is the local government's role in regulating noise? <br />205 W 5th AVE suite 213 <br />Ellensburg WA 98926 <br />509-962-7520 <br />prosecutor&a.kittitas. wa. us <br />Short Answer: Currently, there is no RCW or WAC that mandates a County impose a local <br />noise ordinance. <br />Legal Analysis: Local governments throughout the state have a varied approach to noise <br />regulations. Some entities utilize a decibel -based approach (similar to the Department of <br />Ecology) while others choose to regulate the actual noises themselves. <br />Chapter 70A.20 RCW contains the Noise Control Act. Additionally, the following three WACs <br />apply: <br />-Chapter 173-58 WAC <br />-Chapter 173-60 WAC <br />-Chapter 173-62 WAC <br />Local government is authorized, but not required to adopt a noise ordinance and set local noise <br />standards. Local government also has some discretion in how that noise ordinance is to be <br />enforced. Enforcement responses can include: <br />1) No response. <br />2) A visit from law enforcement informing the person of the complaint. <br />3) Seeking voluntary compliance. <br />4) Official noise measurement (if delineated in code, and proper equipment purchased - <br />which requires training and proper maintenance). <br />5) Issuing a citation which can be escalated to a misdemeanor after a certain number of <br />violations. (requires resources from law enforcement, prosecutor's office, courts, and <br />code enforcement). <br />