HomeMy WebLinkAboutNoise Control Ordinance 01.25.2016.pdf (Updated)BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
ORDINANCE NO. 2016-6'1
AMENDMENT TO KITTITAS COUNTY CODE CHAPTER 9.45 NOISE
CONTROL
WHEREAS, Portions of Kittitas County's Noise Control Ordinance (KCC 9.45) were
found unconstitutional; and
WHEREAS, Kittitas County is concerned with protecting its citizens from the adverse
effects of noise; and
WHEREAS, Kittitas County held a public hearing on January 5 where public comment
was taken; and
WHEREAS, due notice of the hearing had been given as required by law, and the
necessary inquiry has been made into the public interest to be served by
such change; and
WHEREAS, that meeting was continued until January 19,2016; and
WHEREAS, the Board of County Commissioners approved amendment to the Kittitas
County Noise Control regulation as attached and incorporated hereto and
directed the Prosecutor's Office to prepare enabling documents; and
WHEREAS, RCW 70.107.060(3) and WAC 173-60-110(2) provide that local noise
ordinances must be sent for review and approval to the Director of the
Department of Ecology, that they cannot become effective until approved
by the Department of Ecology, and that if the Department of Ecology does
not respond in ninety (90) days, the ordinance is deemed approved; and
BE IT HEREBY ORDAINED: by the Board of County Commissioners of Kittitas
County, Washington, after due deliberation and in the best interest of the public, does
hereby approve amendment to Kittitas County Code to amend its noise control
regulations.
BE IT HEREBY FURTHER ORDAINED that the Prosecutor's Office is directed to
submit this ordinance for review to the Department of Ecology as required by RCW
70.107.060(3) and WAC 173-60-110(2) and to report back to the Board of County
Commissioners upon either hearing a response from the Department of Ecology or the
expiration of ninety (90) days from transmission. Effective date of the regulation and
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direction to amend the official County Code will occur after the Department of Ecology's
response, if any.
"1~ ~
ADOPTEDthis_----"oL __ dayof ?t?..blv ~ 2016.
APPROVED AS TO FORM:
Greg Zempel, Prosecuting Attorney
WSBA#19125
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Declaration of Policy.
EXHIBIT A
Chapter 9.45
NOISE CONTROL
Sections:
9.45.010
9.45.020
9.45.030
9.45.040
9.45.050
9.45.060
9.45.070
Public Disturbance -Finding of Special Conditions.
Public Disturbance -Noise Unlawful When.
Exemptions.
Enforcement.
Violation -Penalty.
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 sheriffs 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;
(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.
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