HomeMy WebLinkAboutNoise Control Ordinance 01.25.2016
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direction to amend the official County Code will occur after the Department of Ecology’s
response, if any.
ADOPTED this __________ day of ____________________2016.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Obie O’Brien, Chairman
Paul Jewell, Vice-Chairman
Gary Berndt, Commissioner
ATTEST: APPROVED AS TO FORM:
CLERK OF THE BOARD
Julie A. Kjorsvik Greg Zempel, Prosecuting Attorney
WSBA#19125
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EXHIBIT A
Chapter 9.45
NOISE CONTROL
Sections:
9.45.010 Declaration of Policy.
9.45.020 Public Disturbance – Finding of Special Conditions.
9.45.030 Public Disturbance – Noise Unlawful When.
9.45.040 Exemptions.
9.45.050 Enforcement.
9.45.060 Violation – Penalty.
9.45.070 Variances.
9.45.010 Declaration of Policy.
It is declared the policy of the county to minimize the exposure of citizens to adverse effects of
excessive noise and to protect, promote, and preserve the public health, safety and welfare. It is
the express intent of the board of county commissioners 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 environment.
9.45.020 Public Disturbance – Finding of Special Conditions.
The making, creation or maintenance of excessive, unnecessary or unusual loud noises which are
prolonged and unusual in their time, place and use, affect and are a detriment to public health,
comfort, convenience, safety, welfare and prosperity of the people of the county. The board of
county commissioners and the county sheriff’s department have received numerous citizen’s
complaints regarding noise and believe such noise constitutes a public disturbance. Special
conditions within the county make necessary any and all differences between this chapter and
regulations adopted by the Department of Ecology.
9.45.030 Public Disturbance – Noise Unlawful When.
(1) It is unlawful for any person to make, continue, or cause to be made or continued or any
person owning or in possession of property to make, continue, or cause to be made or continued
or allow to originate from the property any sound which:
(a) Is plainly audible within any dwelling unit which is not the source of the sound or is
generated within two hundred feet of any dwelling unit, and;
(b) Either reasonably annoys, disturbs, injures or endangers the comfort, repose, health,
peace or safety of others.
(2) Sound which is “plainly audible” is sound that can be understood or identified.
(3) It shall be a rebuttable presumption that sounds created between 8:00 a.m. and 10:00 p.m. do
not unreasonably annoy, disturb, injure, or endanger.
9.45.040 Exemptions.
The following sounds are exempt from the provisions of this chapter:
(1) Sounds originating from aircraft in flight and sounds which originate at airports and are
directly related to flight operations;
(2) Sounds created by safety and protective devices, such as relief valves, where noise
suppression would defeat the safety release intent of the device;
(3) Sounds created by fire alarms;
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(4) Sounds created by emergency equipment and emergency work necessary in the interests of
law enforcement or of the health, safety or welfare of the community;
(5) Sounds created by the discharge of firearms in the course of lawful hunting or target
practice activities;
(6) Sounds created by natural phenomena;
(7) Sounds originating from [lawful] forest harvesting and silviculture activity, and from
agriculture and livestock (not including sounds created by dogs);
(8) Sounds created by auxiliary equipment on motor vehicles used for highway maintenance;
(9) Sounds created by off-highway vehicles while being used in officially designated off-road
vehicle parks. Such off-road vehicles are nevertheless subject to the provisions of
RCW Chapter 46.09;
(10) Sounds created by warning devices not operated continuously for more than thirty minutes
per incident;
(11) Sounds created by the operation of equipment or facilities of surface carriers engaged in
commerce by operating on the railroad;
(12) Sounds created by construction between 6:00 a.m. and 10:00 p.m.;
(13) Sounds created by refuse removal equipment or personal snow removal equipment;
(14) Sounds originated from officially sanctioned parades and other public events;
(15) Sounds created by motor vehicles while being driven upon public highways. Such motor
vehicles are nevertheless subject to the provisions of WAC Chapter 173-62;
(16) Sounds originating from motor vehicle racing events at authorized facilities;
(17) Sounds created by unamplified human voices from 6:00 a.m. to 10:00 p.m.;
(18) Sounds created by lawn and garden equipment from 6:00 a.m. to 10:00 p.m.;
(19) Sounds created by lawfully established commercial and industrial uses;
(20) Sounds created by commercial kennels, veterinaries, animal shelters, pet shops, grooming
parlors, commercial dog breeders;
(21) Sounds created in conjunction with military operations or training.
9.45.050 Enforcement.
The county sheriff and other law enforcement officers are authorized and directed to enforce the
provisions of this chapter. The provisions of this chapter shall be cumulative, nonexclusive, and
supplementary, and shall not affect any other remedy, including without limitation, the provisions
of Chapter 70.107 RCW.
9.45.060 Violation – Penalty.
Any person who violates the provisions of this chapter, shall, upon a finding of having committed
the civil infraction thereof, be punished by a civil penalty in the amount of $100 for the first
offense, $250 for the second offense, and $500 for each offense thereafter.
9.45.070 Variances.
From time to time, upon application to the board of county commissioners, further specific
exemptions may be granted to this chapter on a fact and date specific basis. An example is the
request for and granting of a festival permit. All such exemptions shall be made through proper
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application to the board of county commissioners and in conformance with existing provisions of
the Kittitas County Code, as it now exists, or as amended in the future. All requests for
exemptions to this chapter are subject to a nonrefundable $25.00 fee, which must be paid at the
time the request is made. All recipients of a variance must provide proof of notification of said
variance (including dates and times of the variance) to all residents within 1,000 feet of the noise
source property boundary.