Loading...
HomeMy WebLinkAboutReg 2010-07-06 Item 5C.1 - Ordinance - Noise Regulations Update as Codified at TMC Chapter 8.22CATEGORY SPONSOR SPONSOR'S SUMMARY Fund Source: Comments. 1 MTG. DATE 04/26/10 1 05/03/10 06/28/10 MTG. DATE 06/28/10 07/06/10 Meeting Date 04/26/10 05/03/10 06/28/10 07/06/10 Discussion n Motion E Resolution Co UNCIL A GENDA SYNOPSIS Initials Prepared by Mayyr='jmen/ KAS KAS SM SM revzezv ITEM INFORMATION CAS NUMBER: 10-048 ORIGINAL AGENDA DATE: APRIL 26, 2010 AGENDA ITEM TITLE An Ordinance to update the Noise Code. ITEM NO. C Ordinance Bid Award Public Heanng n Other Mtg Date 06/28/10 Mtg Date Mtg Date Mtg Date 7/06/10 Mtg Date Mtg Date 04/26/10 Mtg Date Council Mayor Adm Svcs DCD Finance n Fire I Legal P&R Police n PW/ A Public Hearing on an ordinance updating regulations related to noise was conducted on 4/26/10. The Council is being asked to consider and forward to Full Council for adoption a revised draft ordinance updating regulations related to noise and an ordinance amending the Zoning Code to reflect changes based on new noise regulations. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Utihties Cmte Arts Comm. 1 Parks Comm. n Planning Comm. DATE: 04/12/10 06/14/10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Police Department COMMITTEE Forward to Committee of the Whole for discussion COST IMPACT FUND SOURCE AMOUNT BUDGETED $0 n Transportation Cmte EXPENDITURE REQUIRED APPROPRIATION REQUIRED $0 $0 RECORD OF COUNCIL ACTION Public Hearing; Recommended to Full Council for adoption Recommend return to CAP w /map options to address citizen's concerns Forward to next Regular Meeting ATTACHMENTS Informational Memorandum dated 6/28/10 Ordinance updating Noise Regulations in draft form Ordinance amending the Zoning Code in draft form Informational Memorandum with attachments from CAP dated 6/14/10 Minutes from the Community Affairs and Parks Committee meeting of 06/14/10 Ordinances in final form 15 16 Ci of Tukwf Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT; REPEALING ORDINANCE NO. 2002; PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it is the policy of the City to minimize the exposure of its citizens to the physiological and psychological dangers of excessive noise, and to protect, promote and preserve the public health, safety and welfare; and WHEREAS, it is the express intent of the City Council to control the level of noise in a manner that promotes commerce; the use, value, and enjoyment of property; sleep and repose, and the quality of the environment; and WHEREAS, it is the express intent of the City Council that noise be prohibited when it exceeds certain levels or when it unreasonably disturbs the peace, comfort and repose of others; and WHEREAS, the problem of noise in the City has been investigated by the Director of Community Development and the Chief of Police, and based on these investigations the City Council, pursuant to the authority granted in Chapter 70.107 RCW, finds that special conditions exist within the City that make necessary any and all differences between this chapter and the regulations adopted by the Department of Ecology in Chapters 173 58,173 -60 and 173 -62 WAC, and that make necessary the provision for criminal as well as civil penalties for violation of this chapter; and WHEREAS, the City Council has determined that noise that travels more than 50 feet from its source disturbs the peace and repose of its citizens; and WHEREAS, it is demonstrated that enforcement of noise regulations is often difficult or impractical if a noise measuring device is required under every circumstance; and WHEREAS, the City Council held a public hearing on April 26, 2010 on this matter; and WHEREAS, upon adoption, this ordinance will be submitted to the Department of Ecology for review and approval, pursuant to RCW 70.107.060; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Amended. TMC Chapter 8.22 shall read as follows: Chapter 8.22 NOISE Sections: 8.22.010 Purpose 8.22.020 Definitions 8.22.030 General Powers of the Administrator 8.22.040 Measurement of Sound 8.22.050 Maximum Permissible Sound Levels 8.22.060 Muffler Requirements 8.22.070 Modification of Motor Vehicles 8.22.080 Tire Noise 8.22.090 Motor Vehicle Exemptions 8.22.100 Sounds Exempt at all Times 8.22.110 Sounds Exempt During Daytime Hours 8.22.120 Variances 8.22.130 Extension 8.22.140 Fees for Variances 8.22.150 Violation Penalty 8.22.160 Liability W \Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:lsn 06/29/2010 Page 1 of 9 17 18 Section 2. Regulations Amended. TMC Section 8.22.010 shall read as follows: 8.22.010 Purpose. It is the express purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. Section 3. Regulations Amended. TMC Section 8.22.020 shall read as follows: 8.22.020 Definitions. As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which the term is used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 1. 'Administrator" means the Director of Community Development, the Chief of Police, or their designee, including the Hearing Examiner 2. "Affected tenant" means a business located within a required public notice area which conducts business or maintains open hours during the tirne period in which a noise variance is sought. For example, businesses closed during the night are not affected tenants when a nighttime noise variance is sought. "Affected tenants" refers to business tenants only and not residential tenants. 3. "Audio equipment" means compact disc players, radios, stereo systems, televisions, video cassette recorders, mp3 players and other such devices. 4. "Commercial music" means music originating from or in connection with the operation of any commercial establishment or enterprise. 5. "Construction" means any site preparation, assembly, erection, demolition, substantial repair, alteration, or similar action for or of public or private rights -of -way, structures, utilities or similar property 6. "Daytime" means 7AM -10PM, Monday through Friday and 8AM -10PM, Saturday, Sunday and State recognized holidays. 7. "dB(A)" means the sound level measured in decibels, using the A- weighting network. 8. "District" or "noise control district" means the land use zones to which the provisions of this chapter are applied. For the purposes of this chapter. a. "Residential district" includes zones designated as LDR, MDR and HDR, b. "Commercial district" includes zones designated as MUO, 0, RCC, NCC, RC, RCM, TUC, C/ LI and TVS, and c. "Industrial district" includes zones designated as LI, HI, MIC /L and MIC /H. 9 "Emergency work" means work required to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, or work required to restore property to a safe operating condition following a weather event, or work by private or public utilities for restoring immediately necessary utility service. 10. "Equipment" means any stationary or portable device or any part thereof capable of generating sound. 11. "Motorcycle" means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, except that farm equipment and vehicles powered by engines of less than five horsepower shall not be included. 12. "Motor vehicle" means any vehicle that is self propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010. (Aircraft, watercraft and vehicles used exclusively on stationary rails or tracks are not "motor vehicles" as the term is used herein.) 13. "Motor vehicle sound systems" means audio equipment installed or used in a motor vehicle. 14. "Muffler" means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and designed to reduce the sound resulting therefrom. 15. "Nighttime" means 10PM -7AM, Monday through Friday and 10PM -8AM, Saturday, Sunday and State recognized holidays. W\ Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/29/2010 Page 2 of 9 16. "Noise" means the intensity, duration and character of sounds from any and all sources. 17 "Noise sensitive unit" means real property used as a residence, school, church, hospital or public library. Property located in an industrial or commercial zone is not a noise sensitive unit unless it meets the above criteria. 18. "Person" means any individual, firm, association, partnership, corporation or arty other entity, public or private. 19. "Plainly audible" means sound made by a sound producing source that can be heard by a person using their unaided hearing faculties. Plainly audible sound includes any component of sound, including but not limited to, rhythmic bass or comprehensible musical rhythms. It is not necessary for such person to be able to determine the title, specific words or artist of music or the content of any speech for the sound to be considered "plainly audible" 20. "Public highway" means the entire width between the boundary lines of every way publicly maintained by the Washington State Department of Transportation (WSDOT) or any county or city, when any part thereof is generally for the use of the public for purposes of vehicular travel or a matter of right. 21. "Real property" means an interest or aggregate of rights in land that is guaranteed and protected by law; for purposes of this chapter, the term "real property" includes a leasehold interest. 22. "Receiving property" means real property within which the maximum permissible sound levels specified herein shall not be exceeded from sources outside such property Individual offices or dwelling units within a building may constitute a receiving property 23. "Residence" means a building regularly or intermittently occupied by a person for dwelling, lodging or sleeping purposes. 24. `Residential party" means a social gathering held in a place of residence. 25 "Sound level" means the weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in American National Standards Institute Specifications, Section 1.4 -1971. 26. "Sound level meter" means a sound level measuring device, either Type I or Type H, as defined by American National Standards Institute Specifications, ANSI S1.4 -1983 27. "Sound- producing source" means anything that is capable of making sound. Sound producing source includes, but is not limited to, the following a. air conditioning or heating units, heat pumps, refrigeration units (including those mounted on vehicles) and swimming pool or hot tub pumps; b. air horns, bells or sirens; c. audio equipment; d. domestic tools, including chain saws, electric drills, electric saws, hammers, lawn mowers, leaf /snow blowers, and similar tools and devices; e. loudspeakers or public address systems; f. musical instruments; g. human voice; h. animal sounds; i. mechanical or electrical noise; j. vehicle engines or exhaust systems, other than regular traffic upon a highway, road or street; k. residential party; 1. motor vehicle sound systems; or m. commercial music 28. "Warning device" means any device intended to provide public warning of potentially hazardous, emergency or illegal activities, including, but not limited to, a burglar alarm or vehicle backup signal, but not including any fire alarm. Section 4. Regulations Amended. TMC Section 8.22.030 shall read as follows: W\ Word Processing \Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/29/2010 Page 3 of 9 19 20 8.22.030 General Powers of the Administrator. A. Subject to the provisions of this code, the administrator may take such action as may be necessary to abate a sound producing source that causes or may cause, by itself or in combination with any other sound producing source or sources, an unreasonable or prohibited noise. The administrator may exercise or delegate any of the functions, powers and duties vested in him or her or in the department by this chapter B The administrator may promulgate such rules as are necessary to effectuate the purposes of this chapter, including but not limited to, rules setting forth specifications for the operation, installation, best available technology, or manufacture of sound generating equipment or devices or sound mitigation equipment or devices. C. The administrator may promulgate such rules as are necessary with regard to standards and procedures to be followed in the measurement of sound pressure levels governed by the provisions of this chapter D The administrator shall have the power to issue notices of violation for violations of this chapter Section 5. Regulations Amended. TMC Section 8.22.040 shall read as follows: 8.22.040 Measurement of Sound. A. The use of a sound level meter is not required to verify a noise violation. B. If the measurement of sound is made with a sound level meter, it shall be an instrument in good operating condition and shall meet the requirement for a Type I or Type II instrument, as described in American National Standards Institute Specifications, ANSI S1.4 -1983. If the measurements are made with other instruments or assemblages of instruments, the procedure must be carried out in such a manner that the overall accuracy shall be at least that called for in ANSI S1 4 -1983 for Type II instruments. Section 6. Regulations Amended. TMC Section 8.22.050 shall read as follows: 8.22.050 Maximum Permissible Sound Levels. It is a violation to produce sound in excess of the permissible sound levels established by this chapter. 1. No person may produce or permit to be produced sound that exceeds the following maximum permissible sound levels when measured at or within the boundary of a receiving property. District of District of Sound Receiving Property Producing Residential, Residential, Source Daytime Nighttime I Commercial Industrial 1 Residential 1 55 dB(A) 45 dB(A) I 57 dB(A) 1 60 dB(A) Commercial I 57 dB(A) 47 dB(A) I 60 dB(A) I 65 dB(A) 1 Industrial 1 60 dB(A) 50 dB(A) 1 65 dB(A) 1 70 dB(A) 2. At any hour of the day or night, the applicable noise limitations above may be exceeded for any receiving property by no more than: a. 5 dB(A) for a total of 15 minutes in any one -hour period, b. 10 dB(A) for a total of 5 minutes in any one -hour period, or c. 15d13(A) for a total of 1.5 minutes in any one -hour period. 3. The following also exceeds the maximum permissible sound levels: a. In all districts of the City, no sound from a sound producing source is permitted that is: 1) plainly audible from a motor vehicle sound system at a distance of at least 50 feet from the vehicle itself; or 2) plainly audible commercial music at a distance of at least 50 feet from the property line of the commercial establishment; or 3) plainly audible during nighttime hours from within a noise sensitive unit of the receiving property; and b. When the receiving property is in a residential district, no sound from a sound producing source is permitted that is plainly audible at a distance of at Least 50 feet from the W.\ Word Processing \Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/29/2010 Page 4 of 9 exterior of a sound producing source, including sounds created by any motor vehicle operated off public highways. Section 7 Regulations Amended. TMC Section 8.22.060 shall read as follows: 8.22.060 Muffler Requirements. It is unlawful for any person to operate or for any owner to permit any person to operate any motor vehicle upon the public highways that is not equipped with a muffler in good working order and in constant operation. Section 8. Regulations Amended. TMC Section 8.22.070 shall read as follows: 8.22.070 Modification of Motor Vehicles. It is unlawful for any person to operate a vehicle that has been modified or changed in any way or has had installed any device thereon in any manner that permits sound to be emitted by the motor vehicle in excess of the limits prescribed by this chapter. It is unlawful for any person to remove or render inoperative or cause to be removed or rendered inoperative (other than for purposes of maintenance, repair or replacement) any muffler or sound dissipative device on a motor vehicle that is operated on the public highway. Section 9. Regulations Amended. TMC Section 8.22.080 shall read as follows: 8.22.080 Tire Noise. It is unlawful for any person to operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such sound from the tires in contact with the ground because of rapid acceleration or excessive speed around comers or other such reason, provided, that sound resulting from emergency braking to avoid imminent danger shall be exempt from this section. Section 10. Regulations Amended. TMC Section 8.22.090 shall read as follows: 8.22.090 Motor Vehicle Exemptions. Sounds created by motor vehicles operated on public highways are subject to the provisions of TMC Sections 8.22.060 through 8.22.080 and are exempt from TMC Section 8.22.050. However, sounds created by motor vehicles operated off public highways and motor vehicle audio systems operated anywhere are subject to the provisions of TMC Section 8.22.050. Section 11. Regulations Amended. TMC Section 8.22.100 shall read as follows: 8.22.100 Sounds Exempt at all Times. A. The following sound producing sources are exempt from the provisions of this chapter at all times: 1. Aircraft in flight and sounds that originate at airports that are directly related to flight operations. 2. Safety and protective devices, such as relief valves and fire alarms, where noise suppression would defeat the intent of the device. 3. Systems used to warn the community of an imminent public danger or attack, such as flooding, explosion or hurricane. 4. Emergency equipment activated in the interest of law enforcement, activated to perform emergency work as defined in TMC Section 8.22.020, or activated in response to a power outage where it is necessary to activate such equipment to preserve the health and safety of persons or to prevent harm to property. 5 Warning devices not operated continuously for more than five minutes per incident. 6. The operation of equipment or facilities of surface carriers engaged in commerce by railroad. 7 Natural phenomena. 8. City- sanctioned parades, sporting events and other City- sanctioned public events. 9 Sounds created by equipment used for public highway maintenance and construction, provided the receiving property is located in a commercial or industrial district of the City and provided that the applicant shall provide written notice to all residents within 500 feet of the project including all residents of multi- family complexes. Notice shall be provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the length of the project. An affidavit of distribution shall be provided to the City 10. Sounds created by existing or new electrical substations and existing or new stationary equipment used in the conveyance of water, waste water and natural gas by a utility are exempt from the nighttime reduction of TMC Section 8.22.050(B) only W \Word Processing \Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/29/2010 Page 5 of 9 21 22 B Nothing in these exemptions is intended to preclude the administrator from requiring installation of the best available noise abatement technology consistent with economic feasibility. The establishment of such requirement shall be subject to the provisions of RCW 34.05 Section 12. Regulations Amended. TMC Section 8.22.110 shall read as follows: 8.22.110 Sounds Exempt During Daytime Hours. A. The following sound producing sources are exempt from the provisions of this chapter during daytime hours: 1. Aircraft engine testing and maintenance not related to flight operations, provided that aircraft testing and maintenance shall be conducted at remote sites whenever possible. 2. Bells, chimes or carillons operating for not more than five minutes in any one hour 3. Sounds created by construction or the movement of construction- related materials, including but not limited to, striking or cutting sounds from hammers, saws or equipment with electrical or internal combustion engines emanating from temporary construction sites. 4. Sounds created by hand or powered equipment used in temporary or periodic maintenance or repair of property, uses or structures, including but not limited to, lawnmowers, powered hand tools, snow removal equipment, and composters. 5. Sounds created by the installation or repair of essential utility services. 6. Sounds created by equipment used for public highway maintenance and construction. 7 The testing of emergency back -up generators or other emergency equipment. B. Sounds originating from the discharge of firearms on shooting ranges authorized under State and local law are exempt from the provisions of this chapter between 7AM and 9PM, Monday through Friday and 8AM and 6PM, Saturday, Sunday and State recognized holidays. C. Nothing in these exemptions is intended to preclude the administrator from requiring installation of the best available noise abatement technology consistent with economic feasibility The establishment of such requirement shall be subject to the provisions of RCW 34.04. Section 13. Regulations Amended. TMC Section 8.22.120 shall read as follows: 8.22.120 Variances. A. Any person who owns or operates a sound producing source may apply for a variance. B Application types are based on the number of days /nights the sound source will exceed the maximum permissible sound levels as shown in the following table: Number of days /nights maximum permissible sound level may be exceeded within a 12 -month period 30 days or less 31 -60 days More than 60 days Variance Permit Type Type 1 Administrative Variance Type 2 Administrative Variance Type 3 Variance (1) Mailed notice shall be provided per TMC Section 18.104.120 excepting that tenants that are not affected tenants per TMC Section 8.22.020 are not required to be sent notice. (2) The administrator shall have the discretion in unusual circumstances (i.e., unusual tljpe or intensity of noise or length of request) to require (additional) public notification procedures, such as causing notice to be published on the City's website, mailed notice provided to a wider geographic area, and /or notice posted at the site. (3) In the case of residential parties and prior to granting the variance, the applicant shall provide written notice to all residents within 500 feet of where the event is being held. When the 500 foot radius includes nndti family complexes, all residents of the complex shall be notified. W\ Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/29/2010 Notice of Application Requirements No notice (2,3) Mailed notice (1,2) Mailed notice (1,2) Public Hearing Requirements No Hearing No Hearing Public Hearing Page 6 of 9 C. Variance types, procedures and appeals are pursuant to Title 18 of the Tukwila Municipal Code. D Applications for a variance to exceed the maximum permissible sound levels shall supply information, including but not limited to: 1. The nature, source, intensity and location of the sound, 2. The hours during the day and /or night the noise will occur; 3 The number of days and /or nights the noise will occur; 4. The ambient sound level during the time of day or night for which the variance is being sought; 5. The time period for which the variance is requested, 6. The reason for which the noise violation cannot be avoided, 7 Mitigating conditions the applicant will implement to minimize the sound level violations; 8. The name, address and means of contacting a responsible party during the hours of operation for which the variance is requested, and 9 Any additional information or studies regarding any aspect of the requested variance that is deemed necessary to complete the review of the variance request. E. No variance in the provisions or requirements of this chapter shall be authorized by the administrator unless the administrator finds that all of the following facts and conditions exist: 1. There are exceptional or extraordinary circumstances or conditions applying to the appellant's property or as to the intended use thereof that do not apply generally to other properties in the same noise control district; 2. Such variance is necessary for the preservation and enjoyment of a substantial personal or property right of the appellant, such right being possessed by the owners of other properties in the same noise control district; 3. The authorization of such variance does not endanger public health or safety of named persons in the same or adjacent noise control districts; 4. The granting of such variance will not adversely affect the general policy and purpose of this act as set forth in TMC Section 8.22.010. F In authorizing a variance, the administrator may attach thereto such conditions regarding noise level, duration, type and other considerations as the administrator may deem necessary to carry out the policy and purpose of this chapter The variance permit shall enumerate the conditions of the variance, including but not limited to: 1. Specific dates and times for which the variance is valid, 2. Additional mitigation measures or public notice requirements as determined by the administrator 3 If the notice of application is for a sound generating event that does not start within thirty days of the notice, the applicant shall provide written notice to all residents within 500 feet of the project including all residents of multi- family complexes. Written notice shall be provided between ten and thirty days of the onset of activity and shall enumerate the anticipated work schedule for the length of the project. An affidavit of distribution shall be provided to the City G. In establishing conditions on granting a variance, the administrator shall consider. 1. Whether the public health, safety or welfare is impacted, 2. The social and economic value of the activity for which the variance is sought; 3. The ability of the applicant to apply best practical noise control measures; 4. Physical conditions that create a significant financial hardship in complying with the provisions of this chapter; and 5 Any comments received during public notice or public meeting, if provided, and comment or lack of comment received during similar noise generating events in the past. H. The variance permit may be revoked by the administrator and the issuance of future variance permits withheld, if there is: 1. Violation of one or more conditions of the variance permit; W Word Processing Ordinances \Noise (revised final draft ord for COW 6 29).docx DM:ksn 06/29/2010 Page7 23 24 2. Material misrepresentation of fact in the variance application, or 3. Material change in any of the circumstances relied upon by the administrator in granting the variance. Section 14. Regulations Amended. TMC Section 8.22.130 shall read as follows: 8.22.130 Extension. A. Variances granted pursuant to this chapter may be extended on terms and conditions applicable to the initial granting of the variance. B. If granted for a shorter timeframe than otherwise allowed under the permit type, the holder of a variance permit may request one or more extensions. C. Prior to granting an extension, the administrator shall consider any comment or lack of comment received during the initial variance period. D The administrator may request any information deemed necessary to the consideration of the extension, including but not limited to noise monitoring reports and an updated assessment demonstrating there are no practical means known or available for the adequate abatement or control of the noise involved. E. Any request for an extension shall be submitted in writing and received by the administrator at least 15 days prior to expiration of a Type 1 or 2 variance and at least 30 days prior to the expiration of a Type 3 variance. F A request for an extension does not require re- noticing or a public hearing, but may be required by the administrator. Section 15. Regulations Amended. TMC Section 8.22.140 shall read as follows: 8.22.140 Fees for Variances. An application fee and charges shall be paid at the time the variance application is filed with the City. The fees and charges shall be per the Land Use Fee Schedule most recently adopted by the City Council. Section 16. Regulations Amended. TMC Section 8.22.150 shall read as follows: 8.22.150 Violation Penalty. A. Every person, entity, firm or corporation who is determined to be in violation of this chapter has committed a civil infraction and shall be subject to the provisions of TMC Section 8.45.050. The monetary penalties are set forth below 1. First civil penalty, $250.00. 2. Second civil penalty, $500.00. 3. Third and subsequent violations shall be misdemeanors, the maximum penalty for which shall be 90 days in jail or a fine of $1,000.00 or both fine and imprisonment. 4. At such time that two civil penalties have been assessed within a one -year period, City- issued permits and /or licenses for the site or the site activity may be suspended or revoked until the condition is corrected. 5 Each day that a property or person is not in compliance with the provisions of this chapter may constitute a separate violation of this chapter B. The administrator may waive or reduce monetary penalties if findings are made demonstrating that the noise violation has been remedied. C. The owners, agents, contract buyers, tenants or lessees of all residential dwellings, commercial establishments, and or real estate upon which a violation of this chapter is found shall be jointly and severally responsible for compliance with this chapter and jointly and severally liable for any damages or costs incurred or imposed under this chapter. D The penalties set forth in this chapter are not exclusive. The City may avail itself of any other remedies provided by law Section 17. Regulations Amended. TMC Section 8.22.160 shall read as follows: 8.22.160 Liability. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, its officers, employees or agents for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction W Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/29/2010 Page 8 of 9 on the part of the City related in any manner to the enforcement of this chapter by its officers, employees or agents. Section 18. Repealer. Ordinance No. 2002 is hereby repealed. Section 19. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 20. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City within five days of passage as provided by law This ordinance shall take effect and be in full force following review and approval by the Department of Ecology, pursuant to RCW 70.107.060. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010 ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney Jim Haggerton, Mayor IN' Word Processing \Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06 /29/2010 Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number. Page 9 of 9 25