2023-10-09-minutes-public-works-study-session

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GREGORY L. ZEMPEL our Mission: Seeking Justice; Serving Victims, and Holding ppnders Accountable 205 W Sth AVE Suite 2t3 Ellensburg WA 98926 S09-962-7520 prosecutor&a. kittitasma. us If a local government opts not to impose a local noise ordinance, Washington State Department of Ecology's rules apply. The same range of options for enforcement listed above would also apply. Local government can adopt Ecology's rules or adopt an entirely new ordinance. It the local ordinance differs from Ecology's rules, the local government must submit its proposed ordinance to Ecology for approval. Ecology has 90 days to either approve or deny the local ordinance. If Ecology fails to respond within 90 days, the ordinance is considered approved. Ecology's noise pollution rules contemplate setting maximum decibel levels, (dBA levels) for residential, commercial, and industrial areas. To know whether the maximum dBA level has been exceeded, the noise must be measured using an instrument called a sound -level meter. The County does not currently own such a device. If a code were to be adopted that requires decibel measurements, the County would need to purchase and maintain the equipment and train any staff that will be using the device in its proper usage. If the County opts to adopt Ecology's rules, the sound -level meter would also be required. WAC 173-60-050 provides a list of exemptions for certain sounds during certain times. Those exemptions include but are not limited to the following examples: 1) Aircraft engine testing 2) Sounds created by discharging firearms at shooting ranges 3) Sounds created by emergency vehicles 4) Sounds originating from officially sanctioned events, like parades 5) Residential construction The County could choose to recognize more exemptions than afforded in the above -cited WAC (again my examples were select and not the comprehensive list provided in the WAC). The County codifies its noise control ordinance in Chapter 9.45 of the Kittitas County Code. The code was amended pursuant to Ordinance No. 2016-009, which is attached hereto for your reference. Included with that ordinance is a letter of approval from the Department of Ecology.