HomeMy WebLinkAboutRes 0679 - Intent to Adopt Noise RegulationsCOUNCIL AC ION
MEETING TYPE I I
ITEM DATE AGENDA ACTION
CITY I
O F TUK
WASHINGTON I
RESOLUTION NO. 679
A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, STATING ITS
INTENT TO ADOPT NOISE REGULATIONS IN CONFORMANCE WITH THE
CURRENTLY ADOPTED NOISE REGULATIONS OF THE STATE OF WASHINGTON.
WHEREAS, the City has conducted a noise study; and
WHEREAS, said study demonstrated that the noise levels at many loca-
tions were excessive by accepted standards; and
WHEREAS, an environmental impact statement has been prepared by the
State on its adopted noise regulations; and
WHEREAS, the City Council wishes to take action bringing said noise
levels down to accepted standards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DOES ORDAIN AS FOLLOWS:
Section 1. It is the intent of the City Council to adopt noise regula-
tions as shown in the attached "Exhibit A Such adoption is proposed to take
place after review and approval, by the Department of Ecology, as required by
State law. The ordinance is proposed to be the same as those regulations adopted
by the State.
Section 2. It is deemed by the City of Tukwila, that the environmental
impact statement prepared by the State of Washington is adequate for the City of
Tukwila's noise ordinance since, pursuant to WAC 197 -10 -660 (3), "The new pro-
posed action will not have an impact on the environment that is substantially
different than the impacts of the earlier proposed action...
Section 3. This resolution shall be circulated per WAC 197 -10 -600,
`circulation of the final E.I.S. A cover memorandum from the Responsible Official
shall be attached explaining the relationship between WAC 197 -10 -660 (3) and WAC
197 -10 -600, if said Responsibile Official is in agreeance with said method of
complying with SEPA.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
regular meeting thereof, this 7 day of 1979.
Approved as to form:
1 4k9b%t
ty Attorney
FORMAL STATEMENT:
I concur with the method of complying with SEPA as shown herein and in fact did
propose the same to the City Council.
Res
ible Official
ATTEST:
City Clerk
to.
SECTION 1 POLICY
WASHINGTON
ORDINANCE NO. Exhibit A, Resolution 679
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, RELATING TO NOISE CONTROL.
Exhibit A
CITY OF TUKWILA
WHEREAS, environmental noise is a serious hazard to the public health
and welfare and the quality of life; and
WHEREAS, a substantial body of science and technology exists by which
noise may be substantially abated; and
WHEREAS, each person has a right to an environment free from noise that
may jeopardize his health or welfare or degrade the quality of life; and
WHEREAS, in 1977, the City of Tukwila, Washington, conducted a noise
survey to determine sound levels within the Tukwila Planning Area and found the
noise levels at many locations to be excessive by accepted standards; and
WHEREAS, in 1977, the City of Tukwila, Washington, determined by a City-
wide questionnaire that noise is regarded as a nuisance and a hazard to residents;
and
WHEREAS, in April, 1978, by Council Motion 78 -04, the Tukwila City
Council established a Noise Control Program; and
WHEREAS, an environmental review has been accomplished on the proposed
action pursuant to the State Environmental Policy Act,
£IOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHI1GTON,
DOES ORDAIN AS FOLLOWS:
It is hereby declared to be the policy of the City of Tukwila to mini-
mize the exposure of citizens to the physiological and psychological dangers of
excessive noise and to protect, promote and preserve the public health, safety
and welfare. It is the express intent of the City Council 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.
Noise Ordinance
Page 2
SECTION 2 DEFINITIONS
All technical terminology used in this ordinance, not defined in this
Section, shall be interpreted in conformance with American National Standards
Institute Specifications, Section 1.1 -1960 and Section 1.4 -1971 as may be
amended. Words used in the masculine gender include the feminine and words used
in the feminine gender include the masculine.
2.1 AMBIENT SOUND LEVEL means the background level of all sound independent
of the specific source being measured. (The A- weighted sound pressure level
exceeded 90 percent of the time based on a one -hour period.)
2.2 ADMINISTRATOR means the director of the Office of Community Development
or his authorized representative except vehicle (Section 4.0) and Public
Disturbance Noise (5.02) portions by the Chief of the Police Department.
2.3 COMMERCIAL AGRICULTURE means the production of livestock or agricultural
commodities on lands defined as "Farm and Agricultural" by Section 84.34.020 (2)
of the Revised Code of Washington (RCW) and the offering of the livestock and
agricultural commodities for sale.
2.4 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.
2.5 dB(A) means the sound level measured in decibels, using the "A"
weighting network.
2.6 DISTRICT means the land use zones towhich the provisions of this
ordinance are applied. For the purposes of this ordinance:
(a) RESIDENTIAL DISTRICT includes zones designated as R -A, R -1, R -2,
R -3, R -4, RMH, and P -F in the Comprehensive Zoning Ordinance of the City of
Tukwila.
(b) COMMERCIAL DISTRICT includes zones designed as C -1, C -2, and CPR
in the Comprehensive Zoning Ordinance of the City of Tukwila.
(c) INDUSTRIAL DISTRICT includes zones designated as CM, M -1, and
M -2 in the Comprehensive Zoning Ordinance of the City of Tukwila.
2.7 EMERGENCY WORK means work required to restore property to a safe
condition following a public calamity, work required to protect persons or property
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Page 3
from an imminent exposure to danger, or work by private or public utilities
for providing or restoring immediately necessary utility service.
2.8 EQUIPMENT means any stationary or portable device or any part thereof
capable of generating sound.
2.9 GROSS VEHICLE WEIGHT RATING (GVWR) means the value specified by the
manufacturer as the recommended maximum loaded weight of a single vehicle or
combination of vehicles (GCWR).
2.10 IMPULSIVE SOUND means sound having the following qualities: the peak
of the sound level is less than one second and short compared to the occurrence
rate; the onset is abrupt; the decay rapid, and the peak value exceeds the
ambient level by more than 10 dB(A).
2.11 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 46.16.010. (Aircraft, watercraft and vehicles used
exclusively on stationary rails or tracks are not motor vehicles as that term
is used herein.)
2.12 MOTOR VEHICLE RACING EVENT means any competition between motor vehicles
and /or off highway vehicles including any competition judged on the basis of
time only, under the auspices of a sanctioning body recognized by the Administrator.
2.13 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 tractors and vehicles powered by engines of less than
five horsepower shall not be included.
2.14 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 effective in reducing sound resulting therefrom.
2.15 NEW MOTOR VEHICLE means a motor vehicle manufactured after December 31,
1975, the equitable or legal title of which has never been transferred to a
person who, in good faith, purchases the new motor vehicle for purposes other
than resale.
2.16 NOISE means the intensity, duration and character of sounds from any
and all sources.
d
2.17 OFF- HIGHWAY VEHICLE means any self-propelled motor driven vehicle not
used primarily for transporting persons or property upon public highways nor
required to be licensed under Rcw 46.16.010. The term "off- highway vehicle"
shall not include special construction vehicles.
NOISE ORDINANCE
Page 4
2.18 PERIODIC SOUND means sound having the following qualities: the sound
level varies repetitively, with a period of one minute or less, and the peak
value is more than 5 dB(A) above the minimum value.
2.19 PERSON means any individual, firm, association, partnership, corpora-
tion or any other entity, public or private.
2.20 POWERED MODEL VEHICLES means any powered vehicles, either airborne,
waterborne, or landborne, which are designed not to carry persons or property
such as, but not limited to, model airplanes, boats, cars, rockets, and which
can be propelled by mechanical means.
2.21 PROPERTY BOUNDARY means the surveyed line at the 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.
2.22 PUBLIC SPACE means an area which is owned or controlled by a public
governmental entity and maintained for the use of the general public.
2.23 PUBLIC HIGHWAY means the entire width between the boundary lines of
every way publicly maintained by the Department of Highways 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.
2.24 PUBLIC NUISANCE NOISE means any sound which unreasonably either annoys,
injures, interferes with or endangers the comfort, repose, health or safety of
a community or neighborhood, although the extent of damage may be unequal.
2.25 PURE TONE COMPONENT means a sound having the following qualities:
a one -third octave band sound pressure level in the band with the tone that
exceeds the arithmetic average of the sound pressure levels of the two contiguous
one -third octave bands by 5 decibels for center frequencies of 500 Hz and above,
by 8 decibels for center frequencies between 160 and 400 Hz, and by 15 decibels
for center frequencies less than or equal to 125 Hz.
2.26 REAL PROPERTY means an interest or aggregate of rights in land which
is guaranteed and protected by law; for purposes of this ordinance, the term
"real property" includes a leasehold interest.
2.27 RECEIVING PROPERTY means real property within which the maximum permissible
sound levels specified herein sha'1 not be exceeded from sources outside such property.
2.28 SOUND LEVEL means the weightelsound pressure level measured by the
use of a metering characteristic and weighted 4i'S specified in American National
Standards Institute Specifications, Section 1.4 -1971. The sound pressure level
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Page 5
of a sound expressed in decibels is 20 times the logarithm to the base 10 of
the ratio of the pressure of the sound to the reference sound pressure of 20
micropascals. In the absence of any specific modifier, the level is understood
to be that of a mean- square pressure.
2.29 SOUND LEVEL METER means a sound level measuring device, either Type I
or Type II, as defined by American National Standards Institute Specifications,
Section 1.4 -1971.
2.30 SPECIAL CONSTRUCTION VEHICLE means any vehicle which is designed and
used primarily for grading, paving, earth moving, and other construction work;
and which is not designed or used primarily for the transportation of persons
or property on a public highway; and which is only incidentally operated or
moved over the highway.
2.31 USE means the nature of the occupancy, the type of activity, or the
character and form of improvements to which land is devoted or may be devoted.
2.32 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 back -up signal, but not including any
fire alarm.
2.33 WATERCRAFT means any contrivance, excluding aircraft, used or capable
of being used as a means of transportation or recreation on water.
2.34 WEEKDAY means any day Monday through Friday which is not a legal
holiday.
2.35 WEEKEND means Saturday and Sunday or any legal holiday.
SECTION 3 ENVIRONMENTAL SOUND LEVELS
3.01 UNLAWFUL SOUNDS. It is unlawful for any person to cause sound, or
for any person in possession of property to permit sound originating from such
property, to intrude into the real property of another person whenever such
sound exceeds the maximum permissible sound levels established by this ordinance.
3.02 MAXIMUM PERMISSIBLE SOUND LEVELS. For sound sources located within
the City of Tukwila, the maximum permissible sound levels are as follows:
DISTRICT OF
SOUND SOURCE
Residential 1
Residential 55 dB(A)
Commercial 57 dB(A)
Industrial 60 dB(A)
DISTRICT OF RECEIVING PROPERTY WITHIN THE CITY OF TUKWILA
Commercial Industrial
57 dB(A) 60 dB(A)
60 dB(A) 65 dB(A)
65 dB(A) 70 dB(A)
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3.03 MODIFICATIONS TO MAXIMUM PERMISSIBLE SOUND LEVELS. The maximum per-
missible sound levels established by this ordinance shall be reduced or increased
by the sum of the following:
(a) Between the hours of 10 P.M. and 7 A.M. during weekdays, and
between the hours of 10 P.M. and 7 A.M. on weekends, the levels established by
Section 3.02 of this ordinance are reduced by 10 dB(A) where the receiving property
lies within a residential district of the City of Tukwila.
(b) For any source of sound which is periodic, which has a pure tone
component, or which is impulsive and is not measured with an impulse sound level
meter, the levels established by this ordinance shall be reduced by 5 dB(A); pro-
vided, however, that this 5 dB(A) penalty for the emission of sound having a pure
tone component shall not be imposed on any electrical substation, whether existing
or new.
(c) For any source of sound which is of short duration, the levels
established by this ordinance are increased by:
1. 5 dB(A) for a total of 15 minutes in any one -hour period; or
2. 10 dB(A) for a total of 5 minutes in any one -hour period; or
3. 15 dB(A) for a total of 1.5 minutes in any one -hour period.
SECTION 4 MOTOR VEHICLE SOUND LEVELS
4.01 SOUNDS CREATED BY OPERATION OF MOTOR VEHICLES. It is unlawful for any
person to operate upon any public highway any motor vehicle or any combination of
motor vehicles under any conditions of grade, load, acceleration or deceleration
in such manner as to exceed the following maximum permissible sound levels for
the category of vehicle, as measured at a distance of 50 feet from the center of
the lane of travel within the speed limits specified by measurement procedures
established by the State Commission on Equipment in WAC 204 -56.
Vehicle Category
Motor vehicles over
10,000 pounds GVWR
or (GCWR)
Motorcycles
All other motor vehicles
35 mph or less over 35 mph
86 dB(A)
80 dB(A)
76 dB(A)
90 dB(A)
8 dB(A)
80 dB(A)
4.02 MUFFLERS. 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 which
is not equipped with a muffler in good working order and in constant operation.
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4.03 MODIFICATION TO MOTOR VEHICLES. It is unlawful for any person to
operatea vehicle which has been modified or changed in any way or 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 ordinance. 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 which is operated
on the city's streets.
4.04 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 corners or other such reason, provided
that sound resulting from emergency braking to avoid imminent danger shall be
exempt from this section.
4.05 SALE OF NEW MOTOR VEHICLES WHICH EXCEED LIMITS. It is unlawful for
any person to sell or offer for sale within the City limits a new motor vehicle,
except an off highway vehicle, which produces a maximum sound level exceeding
the following maximum permissible sound levels at a distance of 50 feet, by accelera-
tion test procedures established by the State Commission on Equipment in WAC 204 -56.
Vehicle Category
Motorcycles manufactured after 1975
Any motor vehicle over 10,000 pounds GVWR
manufactured after 1975
after January 1, 1978
after January 1, 1982
All other motor vehicles
83 dB(A)
86 dB(A)
83 dB(A)
80 dB(A)
80 dB(A)
4.06 MOTOR VEHICLE EXEMPTIONS. Sounds created by motor vehicles are exempt
from the maximum permissible sound levels of Section 3 of this ordinance, except
that sounds created by any motor vehicle operated off public highways shall be
subject to the sound levels of Section 3 of this ordinance when the sounds are
received within a residential district of the City of Tukwila.
SECTION 5 PUBLIC NUISANCE AND DISTURBANCE NOISES
5.01 PUBLIC NUISANCE NOISES. Pursuant to the notice and order procedure set
forth in Section 10 of this ordinance, the Admistrator may determine that a
sound constitutues a public nuisance noise as defined herein. It is unlawful for
any person to cause, or for any person in possession of property to allow to
originate from the property, sound which has been determined a public nuisance
noise.
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5.02 PUBLIC DISTURBANCE NOISES. It is unlawful for any person to cause,
or for'any person in possession of property to allow to originate from the
property, sound that is a public disturbance noise. The following sounds
are hereby determined to be public disturbance noises:
(a) Frequent, repetitive, or continuous sounds made by any animal
which unreasonably disturb or interfere with the peace, comfort and repose
of property owners or possessors except that such sounds made in animal
shelters, or commercial kennels, veterinary hospitals, pet shops, or pet
kennels licensed under and in compliance with the License Code shall be
exempt from this subsection; provided, that notwithstanding any other provision
of this ordinance, if the owner or other person having custody of the animal
cannot, with reasonable inquiry, be located by the investigating officer or
if the animal is a repeated violator of this subsection, the animal shall
be impounded by contacting the King County Animal Control Officer.
(b) The frequent, repetitive or continuous sounding of any horn
or siren attached to a motor vehicle, except as a warning of danger or as
specifically permitted or required by law.
(c) The creation of frequent, repetitive or continuous sounds in
connection with the starting, operation, repair, rebuilding or testing of any
motor vehicle, motorcycle, off highway vehicle, powered model vehicle, or
internal combustion engine so as to unreasonably disturb or interfere with the
peace, comfort and repose of owners or possessors of real property.
(d) The use of a sound amplifier or other device capable of
producing or reproducing amplified sound upon public streets for the purpose
of commercial advertising or sales or for attracting the attention of the
public to any vehicle, structure, or property or the contents therein, except
as permitted by law, and except that vendors whose sole method of selling is
from a moving vehicle shall be exempt from this subsection.
(e) The making of any loud and raucous sound within 1,000 feet of
any school, hospital, sanitarium,nursing or convalescent facility.
(f) The creation by use of a musical instrument, whistle, sound
amplifier or other device capable of producing or reproducing sound, of loud
and raucous sounds which emanate frequently, rpetitively or continuously from
any building, structure or property located within a rural or residential
district, such as sounds originating from a band session or social gathering.
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(g) The amplified or unamplified human voice which unreasonably inter-
feres with peace, comfort, and repose of property owners or possessors.
5.03 EXEMPTED SOURCES. No sound source specifically exempted from a
maximum permissible sound level by this ordinance shall be a public nuisance
noise or public distrubance noise, insofar as the particular source is exempted.
SECTION 6 EXEMPTIONS
6.01 SOUNDS EXEMPT AT ALL TIMES.
(a) The following sounds are exempt from the provisions of this
ordinance at all times:
1. Sounds created by aircraft engine testing and maintenance
not related to flight operations between the hours of 7:00 A.M. and 10 P.M.
(WAC 173.60.050 (1) (d))
2. Sounds created by safety and protective devices, such as
relief valves, wherenoise 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 wel-
fare of the community.
5. Sounds originating from commercial agriculture, if the
receiving property is located in a commercial or industrial district of the City
of Tukwila.
6. Sounds created by auxiliary equipment on motor vehicles
used for highway maintenance.
7. Sounds created by warning devices not operated continuously
for more than 5 minutes per incident.
8. Sounds created by the operation of equipment or facilities
of surface carriers engaged in commerce by railroad.
9. Sounds caused by natural phenomena and unamplified human
voices. (WAC 173.60.050 (4) (1))
6.02 SOUNDS EXEMPT DURING DAYTIME FOURS.
(a) The following sounds are exemptt the provisions of this ordi-
nance between the hours of 7 A.M. and 10 P.M. on weekdays and between the hours
of 7 A.M. and 10 P.M. on weekends:
1. Sounds created by bells, chimes, or carillons not operating
for more than five minutes in any one hour.
Noise Ordinance
Page 10
•
public events.
3. Sounds originating from forest harvesting and from commercial
agriculture, if the receiving property is located in a residential district of the
City of Tukwila. The Administrator is authorized to promulgate regulations which
extend the hours during which this exemption shall be in effect to conform with
operating laws designated by the Washington State Department of Natural Resources
in directing an official fire closure.
4. Sounds created by construction equipment, including special construc-
tion vehicles, and enanating from temporary construction sites, if the receiving
property is located in a residential district of the City of Tukwila.
5. Sounds created by the installation or repair of essential utility
services.
2. Sounds originating from officially sanctioned parades and other
6. Sounds created by powered equipment used in temporary or periodic
maintenance or repair of residential property, including grounds and uppurtenances,
such as lawn mowers, powered hand tools, snow removal equipment, and composters.
6.03 SOUNDS EXEMPT FROM NIGHTTIME REDUCTION.
The following sounds are exempt from the provisions of 3.03 (a) of
this ordinance:
(a) Sounds created by existing stationary equipment used in the con-
veyance of water by a utility.
(b) Sounds created by existing electrical substations.
(c) Sounds created by sources in industrial districts which, over the
previous three years, ahve consistently operated in excess of fifteen hours per
day as a demonstrated routine or as a consequence of process necessity. Such
exemption shall only extend five years after or /from the date of initial com-
plaint lodged with the City. Changes in working hours or activity which would
increase the noise emitted under this exemption require the approval of the
Administrator.
SECTION 7 INSULATION STANDARDS FOR MULTIPLE FAMILY DWELLINGS.
7.01 GENERAL. In multiple family Awellings, wall and floor- ceiling assemblies
separating dwelling units or guest rooms from each other and from
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Page 11
public space such as interior corridors and service areas shall provide airborne
sound insulation for walls, and both airborne and impact sound insulation for
floor ceiling assemblies.
7.02 AIRBORNE SOUND INSULATION. All such separating -walls and floor ceiling
assemblies shall provide an airborne sound insulation equal to that required to
meet a Sound Transmission Class (STC) of 50 (45 if field tested) as defined in
ASTM E90 -61T, E413 -70T and ASTM E90 -70T. Penetrations or openings in construction
assemblies for piping, electrical devices, recessed cabinet, bathtub, soffits,
or heating ventilating or exhaust ducts shall be scaled, lined, insulated or
otherwise treated to maintain the required ratings. Dwelling unit entrance
doors from interior corridors together with their perimeter seals have a
Sound Transmission Class (STC) rating of not less than 25.
7.03 IMPACT SOUND INSULATION. All separating floor ceiling assemblies
between separate unit and guest rooms shall provide impact sound insulation
equal to that required to meet an Impact Insulation Class (IIC) of 50 (45 if
field tested) as defined in HUD publication FT -TS 24 "Guide to Noise Control
in Multi- family Dwellings" pages 10 -5 to 10 -7 or International Standards
Organization (ISO) Recommendation R140. Floor coverings may be included in
the assembly to obtain the required ratings, and must be retained as a
permanent part of the assembly and may only be replaced by other floor
covering that provides the same sound insulation required above.
7.04 TESTED ASSEMBLIES. Field or laboratory tested wall or floor ceiling
designs having an STC or ICC of 50 or more as determined in conformance with
the above listed procedures, may be used without additional field testing when,
in the opinion of the Building Inspector, the tested design has not been
compromised by flanking paths or penetrations. Tests may be required by
the Building Inspector when evidence of comprised separations is noted.
7.05 FIELD TESTING AND CERTIFICATION. Field testing, when required,
shall be done under the supervision of a professional acoustician who shall
be experienced in the field of acoustical testing and engineering, who shall
forward certified test results to the Building Inspector that minimum sound
insulation requirements stated above have been met. Evidence that the person
Y
performing the tests is qualified to do so shall be recognized by, but not
limited to, his or her membership in the Institute of Noise Control Engineers.
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7.06 AIRBORNE SOUND INSULATION FIELD TESTS. When required, airborne
sound insulation shall be determined according to the applicable Field
Airborne Sound Transmission Loss Test procedures of ASTM E 336 -67T and
ASTM E 413 -70T. All sound transmitted from the source room to the receiving
room shall be considered to be transmitted through the test partition.
7.07 IMPACT SOUND INSULATION FIELD TEST. When required, impact sound
insulation shall be determined in accordance with ISO recommendation R140.
SECTION 8 VARIANCES
8.01 VARIANCE PROCEDURE.
(a) Any person who owns or is in possession of any property or use,
or any process or equipment, may apply to the Administrator for relief from
the requirements of this ordinance or rules or regulations promulgated
hereunder governing the quality, nature, duration or extent of discharge
of noise. In a proper case, the variance may apply to all sources of a
particular class or type. The application shall be accompanied by such
information and data as the Administrator may require. The Administrator
shall promulgate rules and regulations governing the application for and
granting of such variances, including hearings and notice.
(b) A variance or its renewal shall not be a right of the applicant
or holder thereof, but shall be at the reasonable discretion of the Administrator.
(c) No variance shall be granted pursuant to this section until the
Administrator has considered the relative interests of the applicant, other owners
or possessors of property likely to be affected by the noise, and the general
public. A technical or economic variance may be granted only after a public
hearing on due notice. The Administrator may grant a variance, if he finds that:
1. The noise occurring or proposed to occur does not endanger
public health or safety.
2. The applicant demonstrates that the criteria required for a
temporary, technical or economic variance under Section 8.02 of this ordinance
are met.
(d) Variances, except temporary variances, granted pursuant to this
ordinance may be renewed on terms and conditions and for periods which would be
appropriate on the initial granting of a variance. No renewal shall be granted
except on application made at least 60 days prior to the expiration of the
variance.
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Page 13
(e) Any person aggrieved by the denial, grant, or the terms and
conditions on the grant of an application for a variance or renewal of a variance
by the Administrator may appeal such decision to the Board of Adjustment under
procedures contained in Section 10.04 of this ordinance.
(f) Any person or source granted a variance pursuant to the procedures of
this section or on appeal shall be exempt from the maximum permissible sound levels
established by this ordinance to the extent provided in the variance.
8.02 TYPES OF VARIANCES.
(a) Temporary Variance. The Administrator may grant a temporary
variance, not to exceed 14 days, for any activity, use, process or equipment which
the Administrator determines, in accordance with rules and regulations, does not
annoy a substantial number of the people and does not endanger public health or
safety.
(b) Technical Variance. A technical variance may be granted by the
Administrator on the ground that there is not practical means known or available
for the adequate prevention, abatement or control of the noise involved. Any
technical variance shall be subject to the holder's taking of any alternative
measures that the Administrator may prescribe. The duration of each technical
variance shall be until such practical means for prevention, abatement or
control become known or available. The holder of a technical variance, as
required by the Administrator, shall make reports to the Administrator detailing
actions taken to develop a means of noise control or to reduce the noise
involved and must relate these actions to pertinent current technology.
(c) Economic Variance. An economic variance may be granted by the
Administrator on the ground that compliance with the particular requirement or
requirements from which the variance is sought will require the taking of measures
which, because of their extent or cost, must be spread over a period of time.
The duration of an economic variance shall be for a period not to exceed such
reasonable time as is required in the view of the Administrator for the taking
of the necessary measures. An economic variance shall contain a timetable for
the taking of action in an expeditious manner and shall be conditioned on
adherence to the timetable.
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SECTION 9 ADMINISTRATION AND NOISE MEASUREMENT
9.b1 AUTHORITY OF ADMINISTRATOR.
The Administrator is authorized and directed to administer and enforce
the provisions of this ordinance; provided that the Chief of Police is directed
to enforce Section 4 Motor Vehicle Sound Levels and Section 5.02 Public
Disturbance Noises of this ordinance. Upon request by the Administrator or
the Chief of Police, all other city departments and divisions are authorized
to assist them in enforcing this ordinance.
9.02 DUTIES OF ADMINISTRATOR.
The duties of the Administrator shall include, but are not limited to:
(a) Obtaining assistance from other appropriate City departments and
divisions.
(b) Training field inspectors.
(c) Acquiring measuring instruments and training inspectors in their
calibration and use.
(d) Promulgating and publishing rules and procedures in accordance
with this ordinance, to establish techniques for measuring or reducing
noise and to provide for clarification, interpretation, and implementaion of
this ordinance.
(e) Investigating citizens' noise complaints.
(f) Issuing orders for the reduction or elimination of noise in
accordance with Section 10 of this ordinance.
(g) Assisting citizens and City departments in evaluating and reducing
the noise impact of their activities.
(h) Assisting City planning officials in evaluating the noise component
in planning and zoning actions.
(i) Instituting a public education program on noise.
(j) Reviewing at least every three years the provisions of this
ordinance and recommending revisions consistent with technology to reduce noise.
g.03 MEASUREMENT OF SOUND.
If the measurement of sound are made with a sound level meter, it
shall be an instrument in good operating condition and shall meet the requirements
for a Type I or Type II instrument, as described in American National Standards
Institute Specifications, Section 1.4 -1971. I# the measurements are made with
other instruments, or assemblages of instruments, the procedure must be
carried out in such manner that the overall accuracy shall be at least that
called for in Section 1.4 -1971 for Type II instruments.
Noise Ordinance
Page 15
9.04 TECHNICAL CORRECTIONS.
When the location, distance or technique prescribed in this ordinance
for measurement of sound is impractical or would yield misleading or inaccurate
results, measurements shall be taken at other locations or distances using
appropriate correction factors, as specified in the rules promulgated by the
Administrator.
9.05 RECEIVING PROPERTIES WITHIN MORE THAN ONE DISTRICT.
Where a receiving property lies within more than one district, the
maximum permissible sound level shall be determined by the district within
which the measurement is made.
SECTI0N10 ENFORCEMENT
10.01 RIGHT OF ENTRY.
Upon presentation of proper credentials, the Administrator -with the
consent of the occupant, or with the consent of the owner of any unoccupied
building, structure, property or portion thereof, or pursuant to a lawfully
issued warrant -may enter at all reasonable times, any building, structure,
property or portion thereof to inspect the same whenever necessary to make
an inspection to enforce or determine compliance with the provisions of this
ordinance or whenever he has cause to believe that a violation of this ordinance
has been or is being committed; provided, if the building, structure, property
or portion thereof is unoccupied, the Administrator shall first make a reasonable
effort to locate the owner or other persons having charge or control of the
building, structure, property or portion thereof and demand entry. If the
Administrator is unable to locate the owner or such other persons and he has
reason to believe that conditions therein create an immediate health hazard
or a public disturbance, then he shall make entry.
10.02 ADMINISTRATIVE PROCEEDINGS
Whenever the Administrator has reason to believe that an unlawful
act under this ordinance has been committed, he shall initiate an administrative
proceeding as provided by 10.03 of this ordinance or initiate an enforcement
action under10.05 of this ordinance; provided, however, that in the event the
unlawful act constitutes a violation of'the environmental sound levels
established in Chapter 4 of this ordinance ancf the same type of unlawful act
has not been committed previously by the offender, then the Administrator shall
initiate only an administrative proceeding as provided by 10.03 of this ordinance.
Noise Ordinance
Page 16
10.03 ADMINISTRATIVE PROCEDURE
(a) Notice and Order: Whenever the Administrator has reason to
believe that a noise will be most promptly and equitably reduced by an administra-
tive proceeding, that a public nuisance noise is being emitted, or that the terms
of a variance have not been met, he may serve a written notice and order directed
to the owner or operator of the source, the person in possession of the property
where the sound originates, or the holder of the variance. One copy shall
also be posted on the property or source, if reasonably possible, and another
copy shall be mailed to each complainant (if any) about the noise; additional
copies may be mailed by the Administrator to such other interested or affected
persons as the Administrator deems appropriate.
1. The notice shall contain a brief and concise description of
the conditions alleged to be in violation or to be a public nuisance noise,
the provision(s) of this ordinance alleged to have been violated, and sound
level readings, if taken, including the time and place of their recording.
2. The order shall contain a statement of the corrective action
required and shall specify a reasonable time within which the action must be
accomplished.
(b) Method of Service: Service of the notice and order shall be
made upon the persons named in the notice and order, either personally or by
mailing a copy of the notice and order by certified mail, postage prepaid,
return receipt requested, to each person at his last known address. If the
whereabouts of the persons is unknown and cannot be ascertained by the
Administrator in the exercise of reasonable diligence, and the Administrator
shall make affidavit to that effect, then the service of the notice and order
upon the persons may be made by publishing them once each week for two
consecutive weeks in the City official newspaper. The failure of any such
person to receive the notice and order shall not affect the validity of any
proceedings taken under this ordinance. Service by certified mail in the
manner herein provided shall be effective on the date of mailing.
(c) Final Orders: Any order issued by the Administrator pursuant to
this ordinance shall become final unless, no later than ten days after the
order is served, a person named in the notice and order requests a hearing
before the Board of Adjustment in accordance with O.04(a) of this ordinance.
Noise Ordinance
Page 17
(d) Administrative Conferences: An informal administrative conference
may be conducted at any time by the Administrator for the purpose of bringing
out all the facts and circumstances relating to an alleged violation, promoting
communication between concerned parties, and providing a forum for efficient
resolution of a violation. The Administrator may call a conference in response
to a request from any person aggrieved by an order of the Administrator or the
Administrator may call a conference on his own motion. Attendance at the
conferences shall be determined by the Administrator and need not be limited
to those named in a notice and order. As a result of information developed
at the conference, the Administrator may affirm, modify or revoke his order.
The holding of an administrative conference shall not be a prerequisite to
use of any other enforcement provisions contained in this ordinance.
10.04 APPEALS.
(a) Right to Appeal: Any person aggrieved by an order issued by the
Administrator, including a variance decision, may file an appeal in writing with
the City Clerk, who shall accept service on behalf of the Board of Adjustment
within a period extending to 5 p.m. of the tenth day following the date of
service of the order. The appeal shall be accompanied by a receipt from the
Finance Director showing payment by the appellant of a filing fee of ten
dollars ($10.00).
(b) Content of Appeal: The written appeal shall contain the following
information:
1. A brief statement setting forth any legal interest of each
of the appellants in the property or equipment involved in the order or
variance decision.
2. A brief statement in concise language of the specific
action protested, together with any material facts claimed to support the
contentions of the appellant.
3. A brief statement of the relief sought, and the reason why
it is claimed the protested action should be reversed, modified, or otherwise
set aside.
4. The signatures of all parties named as appellants and their
1
mailing addresses.
5. The verification (by declaration under penalty of perjury)
of at least one appellant as to the truth of the matters stated in the appeal.
Noise Ordinance
Page 18
or neglect or abuse of another; or
(c) Board of Adjustment's Consideration: The Board of Adjustment
shall 'Consider the appeal and within 30 days of the conclusion of the hearing,
shall render its decision and mail his final order to the Administrator and
the appellant. The ruling or interpretation of the Administrator may be
affirmed, reversed or modified in the Board of Adjustment's final order. If
the ruling or interpretation of the Administrator is reversed or substantially
modified, the Board of Adjustment shall direct that the filing fee be returned
to the appellant. The decision of the Board of Adjustment shall be final, and
the appellant and Administrator bound thereby.
10.05 PENALTIES.
(a) Punishment for Violations and Crimes: Any person convicted of
any offense defined by this ordinance or conduct made unlawful thereby shall
be punished by a civil fine or forfeiture not to exceed Five Hundred Dollars
($500.00); provided, any person knowingly and wilfully committing an offense
under this ordinance shall be punished by a fine not to exceed Five Hundred
Dollars ($500.00) or by imprisonment in the City Jail for a term not to
exceed six months, or by both fine and imprisonment.
(b) Penalty for failure to comply with final orders. In addition
to any other sanction or remedial injunctive procedure which may be available
at law or equity, any person failing to comply with a final order issued by
the Administrator or Board of Adjustment shall be subject to a cumulative
civil penalty in an amount not to exceed One Hundred Dollars ($100.00)
per day from the date set for compliance until such order is complied.with.
The civil penalty shall be collected by civil action, brought in the name
of the City. The Administrator shall notify the City Attorney in writing of
the name of any person subject to the penalty and the amount thereof; and
the City Attorney shall with the assistance of the Administrator, take
appropriate action to collect the penalty. The defendant in any such action
may show, in mitigation of liability:
1. That the failure to comply was caused by the willful act,
2. That action to comply with the order was commenced promptly
upon receipt of notice thereof, but tha(full compliance within the time
specified was prevented by inability to obtain4lecessary materials or labor,
inability to gain access to the subject building, or other condition or
circumstance beyond the control of defendant, and upon such a showing the Court
may remit all or part of the accumulated penalty as justice may require.
Noise Ordinance
Page 19
SECTION 11 MISCELLANEOUS
11.01 ORDINANCE ADDITIONAL TO OTHER LAW.
The provisions of this ordinance shall be cumulative and non-
exclusive and shall not affect any other claim, cause of action or remedy; nor,
unless apecifically provided, shall it be deemed to repeal, amend or modify
any law, ordinance or regulation relating to noise, but shall be deemed
additional to existing legislation and common law on noise.
11.02 SEVERABILITY.
Should any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its applications to any person or situation be declared
unconstitutional or involid for any reason, such decision shall not affect the
validity of the remaining portions of this ordinance or its application to any
other person or situation.
SECTION 12 REPEALER.
Paragraphs 11, 12, and 18 of Section 2 of Ordinance No. 564 are hereby
repealed.
SECTION 13 EFFECTIVE DATE.
The effective date of this ordinance shall be 120 days after final
approval by the City Council.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
regular meeting thereof, this
Approved as to Form:
Deputy City Attorney
Published: Record Chronicle
ATTEST:
day of 1978.
Mayor
City Clerk