1073_00001ORDINANCENO.1073
AN ORDINANCEENACTINGA NEWCHAPTER8.28 OF THEMOSESLAKEMUNICIPALCODEENTITLED"NOISE CONTROL"
THE CITY COUNCILOF THE CITY OF MOSESLAKE,WASHINGTONDOORDAINAS FOLLOWS:
Section 1.NewChapter Enacted:Chapter 8.28 of the Moses Lake Municipal Codeshallreadasfollows:
8.28.010 Declaration of Policy -Findings of Special Conditions:
A.Declaration of Policy:It is hereby declared to be the policy ofthecitytominimizeexposureofcitizenstotheharmfulphysiolog-ical and psychological effects of excessive noise.It is theexpressintentoftheCityCounciltocontrolthelevelofnoise inamannerwhichpromotescommerce,the use,value,and enjoyment ofproperty,sleep and repose,and the quality of the environment.
B.Findings of Special Conditions:The problem of noise in the cityhasbeenobservedbythecityCouncilandthecitystaffandisdocumentedbythecomplaintsreceivedandloggedinthePoliceDepartment.Onthe basis of these observations and complaints,theCityCouncilfindsthatspecialconditionsexistwithinthecitywhichmakenecessar.y any and all differences between this chapterandtheregulationsadoptedbytheWashingtonStateDepartmentofEcology.
8.28.020 Definitions:All technical terminology used in this chapter not de-fined herein shall be interpreted in conformance with American NationalStandardsInstituteSpecifications,Section 1.1 -1960 and Section1.4 -1971 as now in force or hereinafter amended.For purposes ofthischapter,the words and phrases used herein shall have the meaningindicatedbelow:
i A."Emergency Work"means work made necessary to restore property to asafeconditionfollowingapubliccalamity,work required to pro-tect persons or property from imminent exposure to danger,or workbyprivateorpublicutilitiesforprovidingorrestoringimmedi-ately necessar.y utility service.
B."Motorcycle"means any motor vehicle having a saddle for the use oftherideranddesignedtotravelonnotmorethanthreewheelsincontactwiththeground,except farm tractors and such vehiclespoweredbyenginesoflessthanfive(5)horsepower.
C."Motor Vehicle"means any vehicle which is self-propelled,usedprimarilyfortransportingpersonsorpropertyuponpublichighways,and required to be licensed under RCW46.16.010.
D."New Motor Vehicle"means a motor vehicle manufactured after Decem-ber 31,1976,the equitable or legal title of which has never beentransferredtoapersonwho,in good faith,purchases the new motorvehicleforpurposesotherthanresale.
E."Noise"means the intensity and duration character of sounds fromanyandallsources.
F."Off Highway Vehicle"means any self-propelled motor driven vehiclenotusedprimarilyfortransportingpersonsorpropertyuponpublichighwaysnorrequiredtobelicensedunderRCW46.16.010.
-G."Person"means any individual,firm,association,partnership,corporation,or any other entity,public or private.
H."Property Boundary"means the survey line at ground surface whichseparatestherealpropertyowned,rented,or leased by one or moreotherpersonsanditsverticalextension.
ORD.1073,Page.2
I."Public Nuisance Noise"means any sound which unreasonably eitherannoys,injures,interfers with,or endangers the comfort,repose,health,or safety of three or more persons residing within separateresidencesinthesamecommunityorneighborhood,although theextentofthedamagemaybeunequal.
8.28.030 Motor Vehicle Noise -Specific Prohibitions:
A.Mufflers:It is unlawful for any person to operate a motor vehicleuponthepublichighwayswhichisnotequippedwithamuffleringoodworkingorderandinconstantoperation.
B.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 squeal-ing,screeching,or other such sounds from the tires in contactwiththegroundbecauseofrapidaccelerationorexcessivespeedaroundcornersorothersuchreasonprovidedthatnoiseresultingfromemergencybrakingtoavoidimminentdangershallbeexemptfromthisSection.
C.Alteration of Motor Vehicles:It is unlawful for any person tochangeormodifyanypartofamotorvehicleorinstallanydevicethereoninanymannerthatpermitssoundtobeemittedbythemotorvehiclewhichviolatesSection8.28.040 of this chapter.
8.28.040 Public Nuisances and Disturbance Noises:
A.Public Nuisance Noises:It is unlawful for any person to cause orallowtobeemittedanoisewhichhasbeendeterminedtobeapublicnuisancenoiseasdefinedherein.
B.Public Disturbance Noise:It is unlawful for any person to causeoranypersoninpossessionofpropertytoallowtooriginatefromtheproperty,sound that is a public disturbance.No sound sourcespecificallyexemptedfromthischaptershallbeapublicnuisancenoiseorpublicdisturbancenoiseinsofarastheparticular
source is exempted.The following sources of sound shall be publicdisturbancenoises:
1.Frequent,repetitive,or continuous noise made by any animalwhichunreasonablydisturbsorinterfereswiththepeace,comfort,and repose of property owners or possessors,exceptthatsuchsoundsmadebyanimalshelters,or commercial ken-nels,veterinary hospitals,pet shops,or pet kennels licensedunderandincompliancewithMLMC6.05.050 shall be exempt fromthissubsection,provided,that notwithstanding any otherprovisionofthischapter,if the owner or other person havingcustodyoftheanimalcannot,with reasonable inquiry,belocatedbytheinvestigatingofficer,or if the animal is arepeatviolatorofthisSubsection,the animal shall be im-pounded by the Animal control Officer or his designee,subjecttoredemptioninthemannerprovidedbyMLMC6.05.090;
2.The frequent,repetitive,or continuous sounding of any horn orsirenattachedtoamotorvehicleexceptasawarningofdanger
or specifically permitted or required by law;
3.The creation of frequent,repetitive,or continuous noise inconnectionwiththestarting,operation,repair,rebuilding,ortestingofanymotorvehicle,motorcycle,off-highway vehicle,
or internal combustion engine in any residential zone so as tounreasonablydisturborinterferewiththepeace,comfort,andreposeofownersorpossessorsofrealproperty;
4.The use of a sound amplifier or other device capable of produc-ing or reproducing amplified sounds upon public streets for thepurposeofcommercialadvertisingorsalesorforattractingtheattentionofthepublictoanyvehicle,structure,orpropertyorthecontentstherein,except as permitted by law,and except that vendors whose sole method of selling is from amovingvehicleshallbeexemptfromthisSubsection;
ORD.1073,Page 3
5.The making of any loud and raucous noise which unreasonablyinterfereswiththeuseofanyschool,church,hospital,sani-tarium,or nursing or convalescent facility;
6.The creation by use of a musical instrument,whistle,soundamplifier,stereo,jukebox,radio,television,or other devicecapableofreproducingsoundandraucousnoiseswhicheminatefrequently,repetitively,or continuously from any building,structure,or property,such as sounds originating from a bandsession,tavern operation,or social gathering.
8.28.050 Noises Exempt -Completely or Partially:
A.The following noises are exempt from the provisions of this chapteratalltimes,provided,that nothing in these exemptions is in-tended to preclude the possible reduction of noise consistent witheconomicfeasibility.
1.Noise originating from aircraft in flight,and sounds whichoriginateatairportsandaredirectlyrelatedtoflightopera-tions;
2.Noise created by safety and protective devices,such as reliefvalveswherenoisesuppressionwoulddefeatthesafetyreliefintentofthedevice;
3.Noise created by fire alarms,or noise created by emergencyequipment,including but not limited to onergency standby orback-up equipment,and emergency work necessary in the inter-ests of law enforcement or of the health,safety,or welfare ofthecommunity,and including,but not limited to,any emergencyworknecessarytoreplaceorrepairessentialutilityservices;
4.Noise created by auxilliary equipment on motor vehicles used
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for highway maintenance;
5.Noise originating from officially sanctioned parades,sportingevents,and other public events;
6.Noise created by warning devices not operated continuously formorethan30minutesperincident;
7.Noise created by motor vehicles when regulated by Section8.28.030;
8.Noise created by natural phenomenon and unamplified humanvoices;
9.Noise created by motor vehicles,licensed or unlicensed,whenoperatedoffpublichighwaysexceptwhensuchsoundsarere-ceived in residential zones of the city;
10.Noise created by existing stationary equipment used in theconveyanceofwaterbyutilitiesandnoisecreatedbyexistingelectricalsubstations;
11.Noise created by sources in industrial districts which over thepreviousthreeyearshaveconsistentlyoperatedinexcessof15hoursperdayasademonstratedroutineorasaconsequenceofprocessnecessity,i B.The following sources of noise are exempt or partially exempt fromtheprovisionsofthischapter:
1.Noise created by the operation of equipment or facilities ofsurfacecarriersengagedincommercebyrailroad;
2.Noise created b.y aircraft and float planes;
ORD.1073 Page 4
3.Noise eminating from the temporary construction sites exceptbetweenthehoursof10p.m.and 7 a.m.
4.Noise created by aircraft engine testing and maintenance notrelatedtoflightoperationsexceptbetweenthehoursof10
p.m.and 7 a.m.;
5.Noise originating from motor vehicle racing events at existingauthorizedfacilities.
C.It is the intention of City Council to consider amendmentsto thischaptercontrollingthesourcesexemptedinSubsectionBofthisSectionwhenevertheWashingtonStateDepartmentofEcologypro-mulgates specific regulations relating to the specific sources inthefuture.
8.28.060 Noises Exempt -Daylight Hours:The following noises shall be exemptfromtheprovisionsofthischapterbetweenthehoursof7a.m.and 10
p.m.on weekdays and 9 a.m.and 10 p.m.on weekends:
A.Noise created by powered equipment used in temporary or periodic
maintenance or repair of resident property including but not limitedtogroundsandappurtenances,such as but not limited to lawn
mowers,powered hand tools,and composters.
B.Noise created by the discharge of firearms on authorized shooting
ranges.
C.Noise created by the installation and repair of essential utilityservices.
D.Noise created by blasting.
E.Noise created by bells,chimes,or carillons not operated for morethanfive(5)minutes in any one hour.
8.28.070 Enforcement -Complaints:
A.Complaint Only Basis:Only after a complaint has been received
from an identified person who owns,rents,or leases property thatisaffectedbyanoisesourcemaythePoliceDepartmentissueacivilinfractionnotice,provided,that the Section of this chapterrelatingtomotorvehiclesshallbesubjecttoenforcementproceed-
ings regardless of whether a complaint has been received,provided,further,that with the exception of motor vehicle noises,noisecreatedbyindustrialareasaretobeenforcedbytheStateofWashington.
B.Separate Offenses:For enforcement purposes,each day defined as a24-hour period beginning at 12:01 a.m.in which a violation of thischapteroccurs,shall constitute a separate violation.
8.28.080 Provisions Not Exclusive:The provisions of this chapter shall beaccumulativeandnotexclusive,and shall not affect any other claim,
cause of action or remedy,nor,unless specifically provided,shalllistchapterdeemedtorepeal,amend,or modify any law,ordinance,orregulationrelatingtonoise,but shall be deemed additional to exist-
ing legislation and commonlaw on noise.
8.28.090 Violation:
A.Punishment:Any violation of the provisions of this ordinance
shall be punishable as defined in Chapter 1.08 of the Moses Lake
Municipal Code.
B.Evidence In Proceedings:In any proceeding under this chapter,evidence of sound level through the use of sound level meter read-
ings shall not be necessary to establish the commission of theviolation.
ORD.1073,Page 5
8.28.100 Severability:If any provision of this ordinance,or its applicationtoanypersonorcircumstanceisheldinvalid,the remainder of theordinanceortheapplicationoftheprovisionstootherpersonsorcircumstances,shall not be affected.
Section 2.This ordinance shall take effect and be in force five (5)days afteritspassageandpublicationasprovidedbylaw.
Adopted by the City Council and signed by its Mayor on JULY 27 ,1982.
ATTEST:/M or p>>
City Clerk
APPROVEDAS TO FORM:
ß'ity Attorney
PUBLISHED:OCTOBER 8,1982
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