A.
It is the policy of the City to minimize the 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 due to the use of property for commercial and industrial purposes 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 consultant trained 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.
Finally, the City recognizes that the 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.
(Ord. 2293 § 2, 2010; Ord. 2723 § 2, 2023)