ORDINANCE NO. 2006-05
(AMENDING
ORDINANCE 2002-13 NOISE REGULATIONS)
8.22.010 statutory authority.
The State Legislature has by way of RCW 36.32.120(7) and RCW 70.107.050 authorized counties to adopt noise control regulations designed to promote the public health, safety and general welfare of its citizenry.
8.22.020 Purpose and Findings.
A. The purpose of the Chapter is to protect, promote and preserve the public health, safety and welfare of the citizens of Skamania County. The County intends for this ordinance to control the level of noise in a manner that 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 understand 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.
8.22.030 Policy.
It is the policy of the County to prevent noise which may jeopardize the health or welfare of its citizenry or degrade the quality of life.
8.22.040 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.
1. The creation, by use of a musical instrument, sound amplifier, radio, tape player, compact disc player, television, or other device that incorporates an electrical signal volume control capable of producing or reproducing sound or sounds heard as comprehensible voices or music rhythms within a residence not originating the noise, or outdoors in a rural or residential district beyond the property line from where the sound originates.
2. The creation of continuous sounds in connection with operating, or testing of motor vehicles, off-road vehicles or internal combustion engines.
3. The frequent, repetitive, or continuous sounds of vehicle horns for purposes other than public safety.
4. A bark, bay, cry or howl of a domestic animal that occurs continuously and/or incessantly for a period of ten minutes or intermittently for ˝ hour or more to the disturbance of any person at any time of day or night regardless of whether the animal is physically situated in or upon private property; provided however, that a dog shall not be deemed a “Public Disturbance Noise” for purposes of this section if, at any time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated or for any other legitimate cause the dog was teased or provoked to bark or make any other noise.
B. "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.
C. "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.
D. "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.
E. "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, and includes but is not limited to cars, trucks, motorcycles, jeeps and dune buggies.
F. "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.
G. "Noise" means the intensity, duration and character of sounds from any and all sources.
H. "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 46.16.010.
I. "Person" means any individual, corporation, partnership, association, government or state agency or other entity whatsoever.
J. "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.
K. "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.
L. "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.
8.22.050 Mufflers required.
Every motor vehicle operated within the unincorporated areas of the County shall at all times be equipped with a muffler in good working order and constant operation to prevent excessive noise or unusual noise, and no person shall use a muffler cut-out bypass, or similar device upon a motor vehicle on a highway.
8.22.060 Alteration of vehicle equipment.
No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the engine of such vehicle above that emitted by the muffler originally installed on the vehicle.
8.22.070 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.
8.22.080 Public disturbance noise levels.
No person shall cause or permit “public disturbance noise” as defined in 8.22.040 to intrude into or onto the property of another person.
8.22.090 Daytime Exemptions.
The following shall be exempt between the hours of seven a.m. and ten p.m., except for section B, 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.
8.22.100 Nighttime exemptions.
The following shall be exempt from ten p.m. until seven a.m.:
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, 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.
8.22.110 Nonresidential exemptions.
The following vehicles and situations shall be exempt from the provisions of this chapter, except Sections 8.22.050, 8.22.060 and 8.22.070:
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 173-62;
H. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes 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.
8.22.120 Motor vehicle noise level--Off public way.
No person shall operate a motor vehicle on areas other than public rights-of-way within the unincorporated areas of the county without an adequate, and operating, muffling device.
8.22.130 Variance and implementation schedules.
A. 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 30-days unless the Board of County Commissioners grants a permanent variance as provided herein.
B. If applicable an implementation schedule for achieving compliance with this chapter shall be incorporated into any variance issued.
C. 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 this ordinance and protects the general health, safety and welfare of the public.
D. 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.
8.22.140 Enforcement—Authority
A. Law Enforcement: The Skamania County Sheriff is authorized 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 its successor are authorized to assist in the enforcement of this chapter.
B. District Court Jurisdiction: Any person who violates this Chapter or the State Noise Control Statute (RCW Chapter 70.107) 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 8.22.170. The Court shall proceed in compliance with the limited jurisdiction court infraction (IRLJ) rules.
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.
8.22.150 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 correct the violation prior to further operation on public highway.
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.
REVIEWED this 6th day of June 2006, and set for public hearing on the 1st day of August 2006 at 5:30 o’clock p.m.
BOARD OF COUNTY COMMISSIONERS
SKAMANIA COUNTY, WASHINGTON
__________________________________________
Chairman
ATTEST: __________________________________________
Commissioner
________________________________ __________________________________________
Clerk of the Board Commissioner
AYE ____
NAY____
ABSTAIN____
ABSENT____
ORDINANCE NO. 2006-05 WAS PASSED INTO LAW this _______day of July 2006.
BOARD OF COUNTY COMMISSIONERS
SKAMANIA COUNTY, WASHINGTON
__________________________________________
Chairman
ATTEST: __________________________________________
Commissioner
________________________________ __________________________________________
Clerk of the Board Commissioner
APPROVED AS TO FORM ONLY:
________________________________
Skamania County Prosecuting Attorney
AYE____
NAY____
ABSTAIN____
ABSENT____