Chapter 8.22 NOISE REGULATIONS

Transcription

1 Skamania County Chapter 8.22 NOISE REGULATIONS Page 1 of 10 Chapter 8.22 NOISE REGULATIONS Sections: Statutory authority Purpose and findings Policy Definitions Mufflers required Alteration of vehicle equipment Excessive vehicle noise Environmental designations for noise abatement Maximum noise levels Deviations from noise levels Daytime exemptions Nighttime exemptions Nonresidential exemptions Motor vehicle noise level Public way Motor vehicle noise level Off public way Variance and implementation schedules Enforcement Authority Violation Penalty Statutory authority. The State Legislature has by way of RCW (7) and RCW authorized counties to adopt noise control regulations designed to promote the public health, safety and general welfare of its citizenry. (Ord (part)) Purpose and findings. A. The purpose of the chapter is to minimize the citizens exposure to the physiological and psychological dangers of excessive noise and to protect, promote and preserve the public health, safety and welfare. The county intends for this ordinance to control the level of noise in a manner which promotes the use, value and enjoyment of property to include sleep and repose, quiet enjoyment, commerce and the quality of the environment. The commissioners also appreciate the fact that many people wish or need to engage in various activities that will, even when all due caution is exercised, produce disturbing noises. B. Findings. The county commissioners, having held several public meetings throughout the county, have learned that a problem of excessive and disturbing noises exists within the unincorporated areas of the county and that the county needs to generally implement the State Noise Control Ordinance. The county has also learned that there are some unique circumstances within the county which require the county to adopt some variations from, and additions to, the state law. The county intends to pass a regulation which will balance the rights of those citizens who only wish to enjoy the quiet repose of their home or property with those who wish to engage in those activities that may result in the production of some noise. (Ord (part)) Policy. It is the policy of the county to prevent noise which may jeopardize the health or welfare of its citizenry or

2 Skamania County Chapter 8.22 NOISE REGULATIONS Page 2 of 10 degrade the quality of life. (Ord (part)) Definitions. Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. All acoustical-scientific terminology used, not defined in this section, shall be in conformance with applicable publications of the American National Standards Institute (ANSI). Ambient sound level means the steady level of background noise at the measurement location independent of the source being tested. DBA means the sound pressure level in decibels measured using the A weighting network of a sound level meter as specified in the American National Standards Institute Specifications (S ) for sound level meters. EDNA means the environmental designation for noise abatement, being an area or zone within which maximum permissible noise levels are established. Farm orchard or logging equipment means any vehicle or any attachment to a vehicle when used on agricultural or forest lands for agricultural or logging purposes, including but not limited to: tractors, sprayers, combines, chainsaws, loaders, log trucks and other similar equipment. GVWR or GCWR means gross vehicle weight rating or gross combination weight rating, which are the values specified by the manufacturer as the loaded weight of a single or combination vehicle. Motor vehicle means any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways and required to be licensed under RCW , and includes but is not limited to cars, trucks, motorcycles, jeeps and dune buggies. Motorcycle means any motor vehicle having a saddle and designed to travel with three or less wheels on the ground, except such vehicles powered by engines not to exceed five horsepower. Muffler means a chambered, baffled, or other designed device which receives exhaust gas from an internal combustion engine and is effective in reducing noise resulting therefrom. Noise means the intensity, duration and character of sounds from any and all sources. Off-highway vehicle means any self-propelled vehicle not used primarily for transporting persons or property upon public highways nor required to be licensed under RCW Person means any individual, corporation, partnership, association, government or state agency or other entity whatsoever. Property boundary means the surveyed line at ground surface which separates 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 vertical extension. Public highway means the entire width between the boundary lines of every way publicly maintained by the Department of Transportation or any county or city when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right.

3 Skamania County Chapter 8.22 NOISE REGULATIONS Page 3 of 10 Racing event means any motor vehicle competition conducted under a permit issued by a governmental authority having jurisdiction or, if such permit is not required, then under the auspices of a recognized sanctioning body. Sound level meter means a device, which measures sound pressure levels and conforms to type 1 or type 2 as specified in the American National Standards Institute publications (S ). (Ord (part)) Mufflers required. Every motor vehicle operated within the unincorporated areas of the county shall be equipped with a muffler in good working order and constant operation. (Ord (part)) Alteration of vehicle equipment. No person shall alter or make addition to a vehicle s muffler or other part of the vehicle such that noise emissions exceed those specified in this chapter. (Ord (part)) Excessive vehicle noise. No person shall operate or cause or permit to be operated any vehicle so out of repair, so loaded, or in such a manner as to cause unnecessary and excessive noise. (Ord (part)) Environmental designations for noise abatement. Environmental designations for noise abatement (EDNA) are established by this section. They are based primarily on the present use of land, but also take into consideration the zoning, future and historical usage, as well as the usage of adjacent lands. A. Class A EDNA are lands where human beings reside and sleep. Typically, Class A EDNA will be the following types of property used for human habitation: 1. Residential; 2. Multifamily living accommodations; 3. Recreational and entertainment (e.g., camps, parks, camping facilities, and resorts); 4. Community service (e.g., hospitals, homes for the aged, health and correctional facilities). B. Class B EDNA are lands involving uses requiring protection against noise interference with speech. Typically, Class B EDNA will be the following types of property: 1. Commercial living accommodations; 2. Commercial dining establishments; 3. Motor vehicle services; 4. Retail services; 5. Banks and office buildings; 6. Miscellaneous commercial services, property not used for human habitation; 7. Recreation and entertainment, property not used for human habitation (e.g., theaters, stadiums, golf

4 Skamania County Chapter 8.22 NOISE REGULATIONS Page 4 of 10 courses, fairgrounds and amusement parks; 8. Community services, property not used for human habitation (e.g., educational, religious, governmental, cultural and recreational facilities). C. Class C EDNA are lands involving economic activities of such a nature that higher noise levels than experienced in other areas is normally to be anticipated. Typically, Class C EDNA will be the following types of property: 1. Storage, warehousing and distribution facilities; 2. Industrial property used for the production and fabrication of durable and nondurable manmade goods; 3. Agricultural and/or timber property used for the production of crops, plant products, trees or livestock. 4. Mills or other similar industrial properties. (Ord (part)) Maximum noise levels. No person shall cause or permit noise to intrude into the property of another person which noise exceeds the maximum permissible noise levels set forth as follows in this section, with the point of measurement being at the property boundary of the receiving property or anywhere within. The noise limitations established are as set forth in the following table after any applicable adjustments provided for in this chapter are applied: MAXIMUM PERMISSIBLE EDNA of Noise Source ENVIRONMENTAL NOISE LEVELS EDNA of Receiving Property (Ord (part)) Class A Class B Class C Class A 55 DBA 57 DBA 60 DBA Class B Class C Deviations from noise levels. The following deviations from the maximum permissible noise levels are permitted: A. Between the hours of ten p.m. and seven a.m. the noise limitations of Table shall be reduced by ten DBA for receiving property within Class A EDNAs. B. At any hour of the day or night the applicable limitations in Table and the nighttime restrictions of subsection A of this section may be exceeded for any receiving property by no more than: 1. Five DBA for a total of fifteen minutes in any one-hour period; or 2. Ten DBA for a total of five minutes in any one-hour period; or 3. Fifteen DBA for a total of one and half minutes in any one-hour period. (Ord (part))

5 Skamania County Chapter 8.22 NOISE REGULATIONS Page 5 of Daytime exemptions. The following shall be exempt from the provisions of Section between the hours of seven a.m. and ten p.m., except for subsection B of this section, sounds created by the discharge of firearms, which is exempt from seven a.m. until the official hour of darkness: A. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances; B. Sounds created by the discharge of firearms (seven a.m. until the official hour of darkness); C. Sounds created by aircraft engine testing and maintenance not related to flight operation; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible; D. Sounds created by the installation or repair of essential utility services; E. Sounds created by blasting and/or mining operations. (Ord (part)) Nighttime exemptions. The following shall be exempt from the provisions of Section (A): A. Noise from electrical substations and existing stationary equipment used in the conveyance of water by a utility. B. Noise from existing industrial installations which exceed the standards contained in this chapter and which, over the previous three years, have consistently operated in excess of fifteen hours per day as a consequence of a process necessity and/or demonstrated routine normal operation. (Ord (part)) Nonresidential exemptions. The following vehicles and situations shall be exempt from the provisions of this chapter, except Sections , and : A. Any farm, orchard, logging, forest product processing or mining equipment operated on existing farm, orchard, timber, forest product processing or mining properties; provided these properties were being used for one of these purposes on or before June 30, 2002; provided further that the use on such property has not ceased for a period of more than one year; B. Any public emergency vehicles, or any vehicles operating in a public emergency; C. Any law enforcement vehicles; D. Any vehicle operating for the purpose of public road building or maintenance, or for on-site construction of structures between the hours of seven a.m. and ten p.m.; E. Sounds originating from motor vehicle racing events at existing and authorized facilities; F. Any airplanes or railroads; G. Sounds created by motor vehicles when regulated by WAC Chapter ; H. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes

6 Skamania County Chapter 8.22 NOISE REGULATIONS Page 6 of 10 and carillons; I. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible; J. Sounds originating from officially sanctioned parades and other public events; K. Sounds emitted from petroleum refinery boilers during startup of the boilers; L. Sounds created by watercraft; M. Sounds created by the discharge of firearms in the course of hunting; N. Sounds caused by natural phenomena and unamplified human voices; O. Sounds created by motor vehicles, licensed or unlicensed, when operated off public highways, except when such sounds are received in Class A EDNAs. P. Sounds originating from existing natural gas transmission and distribution facilities. (Ord (part)) Motor vehicle noise level Public way. No person shall operate any motor vehicle upon any public highway or any combination of such vehicles under any conditions of grade, load, acceleration or deceleration in such a manner as to exceed the following maximum permissible sound levels for the category of vehicle, as measured at a distance of fifty feet from the center of the lane of travel within the speed limits specified, using procedures as established by the State Commission on Equipment in WAC Chapter (Ord (part)) Vehicle Category (type) MOTOR VEHICLE PERFORMANCE STANDARDS Measured at 50 feet (15.2 meters) 45 mph (72 kph) or less Maximum Sound Level, dba speed Zones Over 45 mph (72 kph) Motorcycle N/A Automobiles light N/A trucks and all (35 mph) Over other motor vehicles (56 kph) 35 mph under 10,000 pounds or less (56 kph) All motor vehicles over 10,000 pounds Stationary Test Motor vehicle noise level Off public way. No person shall operate a motor vehicle except as otherwise provided in Section on areas other than public rights-of-way within the unincorporated areas of the county without an adequate, and operating, muffling device which effectively limits vehicle noise to no more than eighty-six decibels on the A scale at fifty feet as

7 Skamania County Chapter 8.22 NOISE REGULATIONS Page 7 of 10 measured by the Society of Automotive Engineers (SAE) test procedure J 331a, except that a maximum noise level of one hundred five decibels on the A scale at a distance of twenty inches from the exhaust outlets shall be an acceptable substitute in lieu of the SAE test procedure J 331a when measured: A. At a forty-five degree angle at a distance of twenty inches from the exhaust outlet; B. With the vehicle stationary and the engine ruing at a steady speed equal to one-half of the manufacturer s maximum allowable ( red line ) engine speed or where the manufacturer s maximum allowable engine speed is not known the test speed in revolutions per minute calculated as sixty percent of the speed at which maximum horsepower is developed; and C. With the microphone placed ten inches from the side of the vehicle, one-half way between the lowest part of the vehicle body and the ground plane, and in the same lateral plane as the rearmost exhaust outlet where the outlet of the exhaust pipe is under the vehicle. (Ord (part)) Variance and implementation schedules. 1. Variances may be granted to any person from any particular requirement of this chapter, if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source, or because of non-availability of feasible technology or control methods. Any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances. No variance shall be issued for a period of more than thirty days unless the board of county commissioners grants a permanent variance as provided herein. 2. If applicable, an implementation schedule for achieving compliance with this chapter shall be incorporated into any variance issued. 3. Anyone wishing for a variance must submit an application to the county commissioners. The county commissioners shall then, as soon as practical, conduct a public hearing to determine whether, and under what conditions, the variance should be granted. After conducting a public hearing, the county commissioners may grant a variance if the request substantially complies with the standards of the ordinance codified in this chapter and protects the general health, safety and welfare of the public. 4. Sources of noise, subject to this chapter, upon which construction begins after the effective date hereof shall immediately comply with the requirements of this chapter, except in extraordinary circumstances, where overriding considerations of public interest dictate the issuance of a variance. (Ord (part)) Enforcement Authority A. Law Enforcement. The Skamania County Sheriff is authorized and directed to administer and enforce the provisions of this chapter. Upon request by the sheriff or his deputies, all other county departments, including Southwest Washington Health District or it successor are authorized to assist in the enforcement of this chapter. B. District Court Jurisdiction. Any person who violates this chapter or of the State Noise Control Statute (RCW Chapter ) may be cited into the Skamania County District Court. The district court shall have jurisdiction over all violations of this Chapter to include conducting hearings in contested cases and imposing fines as provided in SCC The court shall proceed in compliance with the civil rules for courts of limited jurisdiction

8 Skamania County Chapter 8.22 NOISE REGULATIONS Page 8 of 10 C. Cumulative and Alternative Remedies. This chapter shall be cumulative and nonexclusive, and shall not affect any other claim, cause of action or remedy; nor shall it be deemed to repeal, amend or modify any other law or ordinance relating to noise. (Ord (part)) Violation Penalty. A. A violation of this chapter shall constitute an infraction punishable by a civil penalty not to exceed one hundred fifty dollars per occurrence. Each day shall constitute a separate and distinct offense. In cases of a continuing violation, each day s continuance shall be considered a separate and distinct violation. B. The driver of any motor vehicle suspected of violating this chapter may be directed by law enforcement to immediately submit the motor vehicle to noise level measurements. C. The registered owner of any motor vehicle found to be in violation of this chapter shall, within thirty days after the adjudication, provide written certification that the vehicle has been repaired or otherwise modified to comply with this chapter. (Ord (part)) Signs. Sign standards are as follows: A. General Provisions. 1. No sign shall be erected or placed in such a manner so that by reasons of its position, shape, or color it may interfere or be confused with, or obstruct the view of any traffic sign, signal or device. 2. Signs shall be maintained in a neat, clean, and attractive condition. 3. Off-premise signs erected in any zone classification shall be subject to a conditional use permit. 4. Signs shall be designed to be compatible with the environment of the area. Fluorescent colors are prohibited. 5. No freestanding sign shall exceed twelve feet in total height. B. Prohibited Signs. 1. Moving signs (exempted are time/temperature display). 2. Flashing or mobile lights; except, for seasonal holidays. 3. Signs which project over public right-of-way. 4. Neon signs (except in-store display signs). C. Exempt Signs. 1. Traffic signs, signals, and notices erected by public authority. 2. Building plaques, corner stones, name plates, and similar building identifications. 3. House and building numbers. 4. Temporary signs in connection with political and civic campaigns; provided that such signs are removed

9 Skamania County Chapter 8.22 NOISE REGULATIONS Page 9 of 10 within fifteen days following the conclusion of the campaign. 5. Signs within sports parks or arenas designed for view by patrons within such facilities. 6. Signs or notices erected by public officers pursuant to law, administrative order, or court order. 7. Informational signs erected by the forest industry to indicate forestry activities such as Christmas tree cutting, wood cutting, tree farm, road closures, road identification, fire directional, junction markers, recreation areas, and logging operations. 8. Signs indicating membership in farm organizations. 9. Signs located within a building. 10. On-premise directional signs. 11. Signs posted by property owners indicating prohibited uses like no trespassing, no hunting, no fishing. 12. Construction signs which identify the architects, engineers, contractors and other individuals or firms involved with the construction (but not including the advertisement of any product) during the construction period, to a maximum area of sixteen square feet for each firm. The signs shall be confined to the site of the construction and shall be removed within fourteen days of the beginning of the intended use of the project. 13. Real estate signs advertising the sale or lease of the premises or part of the premises on which the signs are displayed, up to a total area of twelve square feet. Such signs shall be removed within fourteen days of the sale or lease. 14. Rental signs on the premises announcing rooms for rent, room and board, apartment or house for rent, and not exceeding four square feet in area. 15. Signs not exceeding two square feet in area, attached flat against the building, stationary and not illuminated, announcing only the names and occupation of building tenant. 16. Governmental or official notices, flags, emblems or insignia. Exempt signs shall be subject to provisions of subsections (A)(1), (2), (3) and (4) of this section. D. Sign Dimensions. The total sign area permitted shall not exceed twelve times the square root of the building frontage (see sign dimension chart below). In the case of multiple occupancy of a building, it shall be the owner s responsibility to distribute the permitted sign area between the various occupants. The maximum area of an individual ground sign shall be ninety-six square feet. Where frontage is on more than one street, only the signs computed with respect to the frontage on a street shall face that street. Frontage on a limited access highway which provides no access to the property cannot be used to compute sign area. Building Frontage (feet) Allowed Sign Area (square feet)

10 Skamania County Chapter 8.22 NOISE REGULATIONS Page 10 of (Ord (part))