HomeMy WebLinkAboutOrd 2723 - TMC Chapter 8.22 "Noise" - Clarify Noise Regulationsdinance
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AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AMENDING
ORDINANCE NO. 2293 §2, §5, AND §6, AS CODIFIED
AT TUKWILA MUNICIPAL CODE (TMC) CHAPTER
8.22, "NOISE," TO CLARIFY NOISE REGULATIONS;
REPEALING ORDINANCE NO. 2293 §3 AS CODIFIED
AT TMC SECTION 8.22.020, SUBPARAGRAPH 17;
PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City has adopted Tukwila Municipal Code ("TMC") Chapter 8.22 —
Noise to regulate the impacts of noise on the public health, safety and welfare; and
WHEREAS, the City intends to address the legitimate public concern of noise pollution
in a thoughtful and targeted manner; and
WHEREAS, the legislative intent of the adoption of TMC Chapter 8.22 was to have two
different approaches to regulate ongoing versus sporadic nuisance noise; and
WHEREAS, despite this legislative intent, TMC Chapter 8.22 makes no clear distinction
for the different types of noise and allows either enforcement approach to be used; and
WHEREAS, the City Council desires to amend TMC Chapter 8.22 to clarify the different
regulation, treatment, and enforcement of different noise types; and
WHEREAS, the City Council finds that the amendments set forth herein are in the
interest of the public's health, safety and welfare;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council hereby adopts the
foregoing recitals and incorporates them herein as support for these amendments.
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8.22.010 Policy and Application
A. It is the policy of the City to min imize th e exposure of citizens to the physiological
and psychological effects of excessive noise and to protect, promote and preserve the
public health, safety and welfare. It is the express intent of the City 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 the environment.
B. The following environments have been identified and approaches adopted:
1. Use of Property. The different zoning districts of the City establish lawful
uses which can be anticipated to produce noise at certain reasonable levels associated
with these uses. The provisions of TMC Section 8.22.050 utilize thresholds consistent
with those set forth in Chapter 70A.20 RCW entitled "Noise Control" and Chapter 173-60
WAC entitled "Maximum Environmental Noise Levels." Regulation of noise du e to the use
of property for commercial and industrial pu rposes or operation of fixed equipment in any
zone is appropriate for the use of noise measuring devices and a decibel -based
approach. Properly trained and certified City staff or a certified consultanttrained in the
field of sound level measurement can be utilized in these situations when warranted.
2. Sporadic noise that is loud and raucous, such as noise due to social
gatherings, car repair, landscape maintenance, or amplified music, and noise generated
for the purpose of annoyance, is more episodic in nature and subject to the plainly audible
standard. The provisions of TMC Section 8.22.050(3) are aimed at those situations that
are difficult or impossible to address through measurement pursuant to TMC Sections
8.22.050(1) and (2). In administering and enforcing the provisions of this chapter, the City
desires to coordinate the application of these two (2) approaches.
3. Similarly, public uses of the rights -of -way, such as parades, and First
Amendment speech such as a lawful demonstration should be differentiated from pure
commercial speech. Pure commercial speech has been defined by the U.S. Supreme
Court as speech "which does no more than propose a commercial transaction." Such
speech while protected is susceptible of regulation; provided, that the City address the
legitimate public concern of noise pollution in a thoughtful and targeted manner. The
content of the speech shall not be considered against any person in determining a
violation of this Chapter.
4. Fin ally, the City recogn izes th at th e use of bells, chimes, carillons, and drums
may constitute a call to worship and accordingly such a use is protected as religious
speech under the First Amendment. These noises are appropriate when limited by
reasonable time, place and manner restrictions.
Section 3. Repealer. Ordinance No.2293 §3, as codified at Tukwila Municipal Code
(TMC) Section 8.22.020, "Definitions," subparagraph 17, is hereby repealed, thereby
eliminating this subparagraph and renumbering the list in this section :
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Section 4. TMC Section 8.22.040 Amended. Ordinance No. 2293 §5, as codified
at Tukwila Municipal Code (TMC) Section 8.22.040, "Measurement of Sound," is hereby
amended to read as follows:
8.22.040 Measurement of Sound
A. The use of a sound level meter is not required to verify a plainly audible noise
complaint for sporadic noise.
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 5. TMC Section 8.22.050 Amended. Ordinance No. 2293 §6, as codified
at Tukwila Municipal Code (TMC) Section 8.22.050, "Maximum Permissible Sound
Levels," is hereby amended to 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
Sound
Producing
Source
District of
Receiving Property
Residential
Daytime
Residential,
Nighttime
Commercial
Industrial
Residential
55 dB(A)
45 dB(A)
57 dB(A)
60 dB(A)
Commercial
57 dB(A)
47 dB(A)
60 dB(A)
65 dB(A)
Industrial
60 dB(A)
50 dB(A)
65 dB(A)
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. 15dB(A) for a total of 1.5 minutes in any one -hour period.
3. The following sporadic noise also exceeds the maximum permissible sound
levels and is not permitted:
a. In all districts of the City, no sound from a sound -producing source is
permitted that is:
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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.
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 theexterior of a sound -producing source,includingsoundscreated by any motor
vehicle operated off public highways.
Section 6. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of scrivener's errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 7. 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 8. Effective Date. This ordinance ora summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITX OF TUKWILA, WASHINGTON, at
a Special Meeting thereof this 141- day of 001,4'`6w-, 2023.
ATTEST/AUTHENTICATED:
DocuSigned by:
E.
OhliStbi FLAtarrhl
L
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY:
1-DocuSigned by:
\--5E499CA4165E452...
Office of the City Attorney
Filed with the City Clerk:
Passed by the City Coun
Published: .- 0
Effective Date: 1
Ordinance Number:
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2723.
On November 27, 2023 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2723: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2293 §2, §3, §5, AND §6, AS
CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) CHAPTER 8.22, "NOISE," TO
CLARIFY NOISE REGULATIONS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: November 30, 2023
Andy Youn
From: Kari Sand
Sent: Tuesday, November 28, 2023 11:16 AM
To: Andy Youn
Cc: Christy O'Flaherty
Subject: Re: Copy of Legislation - Ord 2723 *Scrivener's Error*
Follow Up Flag: Follow up
Flag Status: Flagged
Good morning, Andy & Christy --
Yes, I approve of the proposed change below as a scrivener's error (repealing instead of amending). Also,
please make these corrections as well:
• On page 1, please fix the 3rd "whereas" recital to spell verses correctly in this context as versus
("...two different approaches to regulate ongoing versus sporadic nuisance noise;"
• On page 4, I'd like to close the space in TMC 8.22.050.3.b in the word sound -producing (note: it is
written as sound- producing; this is not new text, so this typo is in the TMC as enacted).
Thank you,
Kari
IKarii II...., Sand
Attorney
ney
Ogden Murphy Wallllace, If >II....II....0
901 Fifth Avenue, Suite 3500 1 Seattle, WA 98164
Direct: 206.447.2250 1 Fax: 206.447.0215
ksand@omwlaw.com I www.omwlaw.com
Notice: Emails and attachments may be subject to disclosure pursuant to the Public Records Act (chapter 42.56
RCW).
From: Andy Youn <Andy.Youn@TukwilaWA.gov>
Sent: Tuesday, November 28, 2023 9:49 AM
To: Kari Sand <Kari.Sand@TukwilaWA.gov>
Cc: Christy O'Flaherty <Christy.OFlaherty@TukwilaWA.gov>
Subject: RE: Copy of Legislation - Ord 2723 *Scrivener's Error*
Kari,
In reviewing the title and section 3, it looks like the Title needs to be corrected. Section 3 clearly indicates section 3 of
Ordinance No. 2293 is being repealed as codified at subparagraph 17 of TMC Section 8.22.020. However, the title states
section 3 of Ordinance No. 2293 is being amended.
1
A '' ORDINANCE OF Ti' E CITY COUNCIL
CITY OF TUKWILA, WASHINGTON, At
ORDINANCE NO. 2293 2, §3, AND
CODIFIED AT TUKWILA I dUNICIPAL COIF
CHAPTER .. „ "NOISE," TO CLARI 1
REGULATIONS; IPROVIIDIING FOR SEVER
Section 3. Repealer. Ord n ce ` . 2297, 3, as cocMed at TukwilE
TMC) Section 822.020, "Definitions.' subparagraph 17, is hereby r
II 3 .h. W% 41oh ; i IFn.rn rn m.o.,. 1,4 irk,01 ei:1,41. . w r w Nit irmw^�11 fa min ic corfirin
To reflect the correct legislative intent, the Title of Ord. 2723 should actually read:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2293 §2,
§5, AND §6, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC)
CHAPTER 8.22, "NOISE," TO CLARIFY NOISE REGULATIONS;
REPEALING ORDINANCE NO. 2293 §3 AS CODIFIED AT TMC
SECTION 8.22.020, SUBPARAGRAPH 17; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Please advise if you approve correction of the Title as a Scrivener's Error.
Thank you,
Andy Youn
Deputy City Clerk
Records Governance
City of Tukwila
City Clerk's Office
From: Ana Le <Ana.Le@TukwilaWA.gov>
Sent: Tuesday, November 28, 2023 9:07 AM
To: Emily Romanenko<Emily.Romanenko@TukwilaWA.gov>; Nora Gierloff <Nora.Gierloff@TukwilaWA.gov>
Cc: Andy Youn <Andy.Youn@TukwilaWA.gov>; Christy O'Flaherty<Christy.OFlaherty@TukwilaWA.gov>; CJ Ojala
<CJ.Ojala@TukwilaWA.gov>; Felipe Ayala <Felipe.Ayala@TukwilaWA.gov>; Paige Hamming
<Paige.Hamming@TukwilaWA.gov>
Subject: Copy of Legislation - Ord 2723
Hi. You are receiving this FYI -only email because an ordinance or resolution for which you were a sponsor
was passed at the Council meeting.
If needed, you may access a fully executed copy of the legislation via the following link(s) to the City's Digital
Records Center.
Thanks!
Ord ' 7 IIMt t IIII° r IIl2teur 02 "IN oisemm r illy III uiiuse IIII°.eg llll« tiiOns
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