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)
As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which the term is used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application.
1. 
"Administrator"
means the Director of Community Development, the Chief of Police, or their designee, including the Hearing Examiner.
2. 
"Affected tenant"
means a business located within a required public notice area which conducts business or maintains open hours during the time period in which a noise variance is sought. For example, businesses closed during the night are not affected tenants when a nighttime noise variance is sought. “Affected tenants” refers to business tenants only and not residential tenants.
3. 
"Audio equipment"
means compact disc players, radios, stereo systems, televisions, video cassette recorders, mp3 players and other such devices.
4. 
"Commercial music"
means music originating from or in connection with the operation of any commercial establishment or enterprise.
5. 
"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.
6. 
"Daytime"
means 7AM-10PM, Monday through Friday and 8AM-10PM, Saturday, Sunday and State-recognized holidays.
7. 
"dB(A)"
means the sound level measured in decibels, using the A-weighting network.
8. 
"District" or "noise control district"
means the land use zones to which the provisions of this chapter are applied. For the purposes of this chapter:
a. 
"Residential district"
includes zones designated as LDR, MDR and HDR;
b. 
"Commercial district"
includes zones designated as MUO, O, RCC, NCC, RC, RCM, TUC, C/LI and TVS; and
c. 
"Industrial district"
includes zones designated as LI, HI, MIC/L and MIC/H.
9. 
"Emergency work"
means work required to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, or work required to restore property to a safe operating condition following a weather event, or work by private or public utilities for restoring immediately necessary utility service.
10. 
"Equipment"
means any stationary or portable device or any part thereof capable of generating sound.
11. 
"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 equipment and vehicles powered by engines of less than five horsepower shall not be included.
12. 
"Motor vehicle"
means any vehicle that 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 the term is used herein.)
13. 
"Motor vehicle sound systems"
means audio equipment installed or used in a motor vehicle.
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 designed to reduce the sound resulting therefrom.
15. 
"Nighttime"
means 10pm-7am, Monday through Friday and 10pm-8am, Saturday, Sunday and State-recognized holidays.
16. 
"Noise"
means the intensity, duration and character of sounds from any and all sources.
17. 
"Person"
means any individual, firm, association, partnership, corporation or any other entity, public or private.
18. 
"Plainly audible"
means sound made by a sound-producing source that can be heard by a person using their unaided hearing faculties. Plainly audible sound includes any component of sound, including but not limited to, rhythmic bass or comprehensible musical rhythms. It is not necessary for such person to be able to determine the title, specific words or artist of music or the content of any speech for the sound to be considered “plainly audible.”
19. 
"Public highway"
means the entire width between the boundary lines of every way publicly maintained by the Washington State Department of Transportation (WSDOT) or any county or city, when any part thereof is generally for the use of the public for purposes of vehicular travel or a matter of right.
20. 
"Real property"
means an interest or aggregate of rights in land that is guaranteed and protected by law; for purposes of this chapter, the term “real property” includes a leasehold interest.
21. 
"Receiving property"
means real property within which the maximum permissible sound levels specified herein shall not be exceeded from sources outside such property. Individual offices or dwelling units within a building may constitute a receiving property.
22. 
"Residence"
means a building regularly or intermittently occupied by a person for dwelling, lodging or sleeping purposes.
23. 
"Residential party"
means a social gathering held in a place of residence.
24. 
"Sound level"
means the weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in American National Standards Institute Specifications, Section 1.4-1971.
25. 
"Sound level meter"
means a sound level measuring device, either Type I or Type II, as defined by American National Standards Institute Specifications, ANSI S1.4-1983.
26. 
"Sound-producing source"
means anything that is capable of making sound. Sound-producing source includes, but is not limited to, the following:
a. 
Air conditioning or heating units, heat pumps, refrigeration units (including those mounted on vehicles) and swimming pool or hot tub pumps;
b. 
Air horns, bells or sirens;
c. 
Audio equipment;
d. 
Domestic tools, including chain saws, electric drills, electric saws, hammers, lawn mowers, leaf/snow blowers, and similar tools and devices;
e. 
Loudspeakers or public address systems;
f. 
Musical instruments;
g. 
Human voice;
h. 
Animal sounds;
i. 
Mechanical or electrical noise;
j. 
Vehicle engines or exhaust systems, other than regular traffic upon a highway, road or street;
k. 
Residential party;
l. 
Motor vehicle sound systems; or
m. 
Commercial music.
27. 
"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 backup signal, but not including any fire alarm.
(Ord. 2293 § 3, 2010; Ord. 2723 § 3, 2023)
A. 
Subject to the provisions of this code, the administrator may take such action as may be necessary to abate a sound-producing source that causes or may cause, by itself or in combination with any other sound-producing source or sources, an unreasonable or prohibited noise. The administrator may exercise or delegate any of the functions, powers and duties vested in him or her or in the department by this chapter.
B. 
The administrator may promulgate such rules as are necessary to effectuate the purposes of this chapter, including but not limited to, rules setting forth specifications for the operation, installation, best available technology, or manufacture of sound generating equipment or devices or sound mitigation equipment or devices.
C. 
The administrator may promulgate such rules as are necessary with regard to standards and procedures to be followed in the measurement of sound pressure levels governed by the provisions of this chapter.
D. 
The administrator shall have the power to issue notices of violation for violations of this chapter.
(Ord. 2293 § 4, 2010)
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.
(Ord. 2293 § 5, 2010; Ord. 2723 § 4, 2023)
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:
(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 the exterior of a sound-producing source, including sounds created by any motor vehicle operated off public highways.
(Ord. 2293 § 6, 2010; Ord. 2723 § 5, 2023)
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 that is not equipped with a muffler in good working order and in constant operation.
(Ord. 2293 § 7, 2010)
It is unlawful for any person to operate a vehicle that has been modified or changed in any way or has 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 chapter. 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 that is operated on the public highway.
(Ord. 2293 § 8, 2010)
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.
(Ord. 2293 § 9, 2010)
Sounds created by motor vehicles operated on public highways are subject to the provisions of TMC Sections 8.22.060 through 8.22.080 and are exempt from TMC Section 8.22.050. However, sounds created by motor vehicles operated off public highways and motor vehicle audio systems operated anywhere are subject to the provisions of TMC Section 8.22.050.
(Ord. 2293 § 10, 2010)
A. 
The following sound-producing sources are exempt from the provisions of this chapter at all times:
1. 
Aircraft in flight and sounds that originate at airports that are directly related to flight operations.
2. 
Safety and protective devices, such as relief valves and fire alarms, where noise suppression would defeat the intent of the device.
3. 
Systems used to warn the community of an imminent public danger or attack, such as flooding, explosion or hurricane.
4. 
Emergency equipment activated in the interest of law enforcement, activated to perform emergency work as defined in TMC Section 8.22.020, or activated in response to a power outage where it is necessary to activate such equipment to preserve the health and safety of persons or to prevent harm to property.
5. 
Warning devices not operated continuously for more than five minutes per incident.
6. 
The operation of equipment or facilities of surface carriers engaged in commerce by railroad.
7. 
Natural phenomena.
8. 
City-sanctioned parades, sporting events and other City-sanctioned public events.
9. 
Sounds created by equipment used for public highway maintenance and construction, provided the receiving property is located in a commercial or industrial district of the City and provided that the applicant shall provide written notice to all residents within 500 feet of the project including all residents of multi-family complexes. Notice shall be provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the length of the project. An affidavit of distribution shall be provided to the City.
10. 
Sounds created by existing or new electrical substations and existing or new stationary equipment used in the conveyance of water, waste water and natural gas by a utility are exempt from the nighttime reduction of TMC Section 8.22.050.2 only.
B. 
Nothing in these exemptions is intended to preclude the administrator from requiring installation of the best available noise abatement technology consistent with economic feasibility. The establishment of such requirement shall be subject to the provisions of RCW 34.05.
(Ord. 2293 § 11, 2010)
A. 
The following sound-producing sources are exempt from the provisions of this chapter during daytime hours:
1. 
Aircraft engine testing and maintenance not related to flight operations, provided that aircraft testing and maintenance shall be conducted at remote sites whenever possible.
2. 
Bells, chimes or carillons operating for not more than five minutes in any one hour.
3. 
Sounds created by construction or the movement of construction-related materials, including but not limited to, striking or cutting sounds from hammers, saws or equipment with electrical or internal combustion engines emanating from temporary construction sites.
4. 
Sounds created by hand or powered equipment used in temporary or periodic maintenance or repair of property, uses or structures, including but not limited to, lawnmowers, powered hand tools, snow removal equipment, and composters.
5. 
Sounds created by the installation or repair of essential utility services.
6. 
Sounds created by equipment used for public highway maintenance and construction.
7. 
The testing of emergency back-up generators or other emergency equipment.
B. 
Sounds originating from the discharge of firearms on shooting ranges authorized under State and local law are exempt from the provisions of this chapter between 7AM and 9PM, Monday through Friday and 8AM and 6PM, Saturday, Sunday and State-recognized holidays.
C. 
Nothing in these exemptions is intended to preclude the administrator from requiring installation of the best available noise abatement technology consistent with economic feasibility. The establishment of such requirement shall be subject to the provisions of RCW 34.04.
(Ord. 2293 § 12, 2010)
A. 
Any person who owns or operates a sound-producing source may apply for a variance.
B. 
Applications for Noise Variances for 30 days or less shall be processed as Type 1 decisions, subject to the provisions found at TMC Chapter 18.104.
C. 
Applications for Noise Variances in excess of 30 days shall be processed as Type 3 decisions, subject to the provisions found at TMC Chapter 18.104.
D. 
No variance in the provisions or requirements of this chapter shall be authorized by the administrator unless the administrator finds that all of the following facts and conditions exist:
1. 
There are exceptional or extraordinary circumstances or conditions applying to the appellant's property or as to the intended use thereof that do not apply generally to other properties in the same noise control district;
2. 
Such variance is necessary for the preservation and enjoyment of a substantial personal or property right of the appellant, such right being possessed by the owners of other properties in the same noise control district;
3. 
The authorization of such variance does not endanger public health or safety of named persons in the same or adjacent noise control districts;
4. 
The granting of such variance will not adversely affect the general policy and purpose of this act as set forth in TMC Section 8.22.010.
E. 
In authorizing a variance, the administrator may attach thereto such conditions regarding noise level, duration, type and other considerations as the administrator may deem necessary to carry out the policy and purpose of this chapter. The variance permit shall enumerate the conditions of the variance, including, but not limited to:
1. 
Specific dates and times for which the variance is valid;
2. 
Additional mitigation measures or public notice requirements as determined by the administrator.
3. 
If the notice of application is for a sound generating event that does not start within 30 days of the notice, the applicant shall provide written notice to all residents within 500 feet of the project including all residents of multi-family complexes. Written notice shall be provided between 10 and 30 days of the onset of activity and shall enumerate the anticipated work schedule for the length of the project. An affidavit of distribution shall be provided to the City.
F. 
In establishing conditions on granting a variance, the administrator shall consider:
1. 
Whether the public health, safety or welfare is impacted;
2. 
The social and economic value of the activity for which the variance is sought;
3. 
The ability of the applicant to apply best practical noise control measures;
4. 
Physical conditions that create a significant financial hardship in complying with the provisions of this chapter; and
5. 
Any comments received during public notice or public meeting, if provided, and comment or lack of comment received during similar noise generating events in the past.
G. 
The variance permit may be revoked by the administrator and the issuance of future variance permits withheld, if there is:
1. 
Violation of one or more conditions of the variance permit;
2. 
Material misrepresentation of fact in the variance application; or
3. 
Material change in any of the circumstances relied upon by the administrator in granting the variance.
(Ord. 2293 § 13, 2010; Ord. 2676 § 1, 2022; Ord. 2738, 10/17/2024)
A. 
Variances granted pursuant to this chapter may be extended on terms and conditions applicable to the initial granting of the variance.
B. 
If granted for a shorter timeframe than otherwise allowed under the permit type, the holder of a variance permit may request one or more extensions.
C. 
Prior to granting an extension, the administrator shall consider any comment or lack of comment received during the initial variance period.
D. 
The administrator may request any information deemed necessary to the consideration of the extension, including but not limited to noise monitoring reports and an updated assessment demonstrating there are no practical means known or available for the adequate abatement or control of the noise involved.
E. 
Any request for an extension shall be submitted in writing and received by the administrator at least 15 days prior to expiration of a Type 1 or 2 variance and at least 30 days prior to the expiration of a Type 3 variance.
F. 
A request for an extension does not require re-noticing or a public hearing, but may be required by the administrator.
(Ord. 2293 § 14, 2010)
An application fee and charges shall be paid at the time the variance application is filed with the City. The fees and charges shall be per the Land Use Fee Schedule most recently adopted by the City Council.
(Ord. 2293 § 15, 2010)
A. 
Every person, entity, firm or corporation who is determined to be in violation of this chapter has committed a civil infraction and shall be subject to the provisions of TMC Section 8.45.060. The monetary penalties are set forth below:
1. 
First civil penalty, $250.00.
2. 
Second civil penalty, $500.00.
3. 
Third and subsequent violations shall be misdemeanors, the maximum penalty for which shall be 90 days in jail or a fine of $1,000.00 or both fine and imprisonment.
4. 
At such time that two civil penalties have been assessed within a one-year period, City-issued permits and/or licenses for the site or the site activity may be suspended or revoked until the condition is corrected.
5. 
Each day that a property or person is not in compliance with the provisions of this chapter may constitute a separate violation of this chapter.
B. 
The administrator may waive or reduce monetary penalties if findings are made demonstrating that the noise violation has been remedied.
C. 
The owners, agents, contract buyers, tenants or lessees of all residential dwellings, commercial establishments, and or real restate upon which a violation of this chapter is found shall be jointly and severally responsible for compliance with this chapter and jointly and severally liable for any damages or costs incurred or imposed under this chapter.
D. 
The penalties set forth in this chapter are not exclusive. The City may avail itself of any other remedies provided by law.
(Ord. 2293 § 16, 2010; Ord. 2549 § 4, 2017)
Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, its officers, employees or agents for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the City related in any manner to the enforcement of this chapter by its officers, employees or agents.
(Ord. 2293 § 17, 2010)