It is declared to be the policy of the city to minimize exposure of citizens to harmful and psychological effects of extensive noise. It is the expressed 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.
(Ord. 1599 § 3, 1988)
All technical terminology used in this chapter, not otherwise defined, shall be interpreted in conformance with Chapters 173-60 and 173-62 WAC. The following words and phrases shall have the meaning indicated below:
A. 
"Decibel (dB(A))" means the sound pressure level in decibels measured using the "A" weighting network on a sound level meter. The sound pressure level, in decibels, of a sound is 20 times the logarithmic to the base 10 of the ratio of the pressure of the sound to the reference pressure of 20 micropascals.
B. 
"Environmental designation for noise abatement (EDNA)"
being an area or zone (environmental) within which maximum permissible noise levels are established.
C. 
"Noise"
means the intensity, duration and character of sounds, from any and all sources.
D. 
"Person"
means any individual, corporation, partnership, association, governmental body, state agency or other entity whatsoever.
E. 
"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.
F. 
"Receiving property"
means real property within which the maximum permissible noise level specified herein shall not be exceeded from sources outside such property.
G. 
"Sound level meter"
means the device which measures sound pressure levels and conforms to Type I or Type II as specified in the American National Standards Institute's Specifications Section 1.4-1971.
(Ord. 1599 § 4, 1988)
A. 
Class A EDNA are lands where human beings reside and sleep, including all properties in the city which are zoned in single-family residential or multiple-family residential classifications.
B. 
Class B EDNA are lands involving uses requiring protection against noise interference with speech, including all properties in the city which are zoned in neighborhood business, community business, general commercial and freeway service classifications.
C. 
Class C EDNA are lands involving economic activities of such a nature that higher noise levels than experienced in other areas is normally to be anticipated. Persons working in these areas are normally covered by noise control regulations of the Department of Labor and Industries. Such areas shall include all properties in the city which are zoned in light industrial and general industrial classifications.
(Ord. 1599 § 5, 1988)
A. 
The following shall be exempt between the hours of 7:00 a.m. and 10:00 p.m.:
1. 
Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances.
2. 
Sounds created by the discharge of firearms on authorized shooting ranges.
3. 
Sounds created by blasting.
4. 
Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible.
5. 
Sounds created by the installation or repair of essential utility services.
B. 
The following shall be exempt from the provisions of WAC 173-60-040(2)(b):
1. 
Noise from electrical substations and existing stationary equipment used in the conveyance of water, wastewater, and natural gas by a utility.
2. 
Noise from existing industrial installations which exceeds the standards contained in these regulations and which, over the previous three years, have consistently operated in excess of 15 hours per day as a consequence of process necessity and/or demonstrated routine normal operation. Changes in working hours, which would affect exemptions under this regulation, require approval of the department.
3. 
The following shall be exempt except insofar as such provisions relate to the reception of noise within Class A EDNAs between the hours of 10:00 p.m. and 7:00 a.m.:
a. 
Sounds originating from temporary construction sites as a result of construction activity.
b. 
Sounds originating from forest harvesting and silvicultural activity.
C. 
The following shall be exempt from all provisions:
1. 
Sounds created by motor vehicles when regulated by Chapter 173-62 WAC.
2. 
Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations.
3. 
Sounds created by surface carriers engaged in interstate commerce by railroad.
4. 
Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes, and carillons.
5. 
Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible.
6. 
Sounds created by emergency equipment and work necessary in the interests of law enforcement or for health, safety or welfare of the community.
7. 
Sounds originating from motor vehicle racing events at existing authorized facilities.
8. 
Sounds originating from officially sanctioned parades and other public events, including events at the Enumclaw Expo Center.
9. 
Sounds emitted from petroleum refinery boilers during startup of said boilers; provided, that the startup operation is performed during daytime hours whenever possible.
10. 
Sounds created by the discharge of firearms in the course of hunting.
11. 
Sounds caused by natural phenomena and unamplified human voices.
12. 
Sounds created by motor vehicles, licensed or unlicensed, when operated off public highways, except when such sounds are received in Class A EDNAs.
13. 
Sounds originating from existing natural gas transmission and distribution facilities. However, in circumstances where such sounds impact EDNA Class A environments and complaints are received, the director or his designee may take action to abate by application of EDNA Class C source limits to the facility under the requirements of WAC 173-60-050(5).
(Ord. 1599 § 7, 1988; Ord. 2481 § 1, 2011)
It is unlawful for any person to cause, or for any person in possession of property to allow to originate from said property, sound that is a public nuisance. The following sources of sound are defined to be public nuisances, except to the extent that they may be specifically exempted by other provisions of this chapter:
A. 
Frequent, repetitive or continuous noise made by any animal which unreasonably disturbs or interferes with the peace, comfort and repose of property owners or possessors except that such sounds shall be exempt when originating from lawfully operated animal shelters;
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 noise in connection with the starting, operation, repair, rebuilding, or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine within Class A EDNA, 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 on 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 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 noise which unreasonably interferes with the use of any school, church, hospital, sanitarium, nursing or convalescent facility;
F. 
The creation by use of a musical instrument, whistle, sound amplifier, stereo, jukebox, radio, television, or other device capable of reproducing loud and raucous noises which emanate frequently, repetitively or continuously from any building, structure or property, such as sound originating from a band session, tavern operation, or social gathering.
(Ord. 1599 § 8, 1988)
A. 
Noise Standards – Violations. No person shall operate any motor vehicle or any combination of such vehicles upon any public highway in violation of standards specified in WAC 173-62-060(1) through (4), which section is adopted by reference. For purposes of this chapter, "public highway" means the entire width between the boundary lines of every road, street, alley, lane, boulevard, parking lot, and every way or place in the city, whether publicly or privately maintained, when any part thereof is open at any time to the use of the public for purposes of vehicular traffic.
B. 
Exemptions. The exemptions to motor vehicle noise as stated in WAC 173-62-040 are adopted by reference.
(Ord. 1599 § 9, 1988)
A. 
The board of adjustment shall have authority to grant variances from the requirements of this chapter. Variance procedures specified in Chapter 18.54 EMC shall apply.
B. 
Variances may be granted to any person from any particular requirement of this chapter, if findings are made by the board of adjustment 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 nonavailability 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.
C. 
An implementation schedule for achieving compliance with this chapter shall be incorporated into any variance issued.
(Ord. 1599 § 10, 1988)
A. 
Motor Vehicle Offenses. All offenses defined in this chapter relating to the operation of motor vehicles shall constitute traffic infractions.
B. 
Other Noise Offenses. All other noise offenses defined in this chapter shall constitute misdemeanors and be punishable as set forth in EMC § 9.00.030.
C. 
Separate Offenses. Each day for which a violation continues, or is repeated, shall constitute a separate offense.
D. 
Supplement to Other Laws. The provisions of this chapter, and the penalties provided herein, shall be cumulative and nonexclusive, and shall not affect any other claim, cause of action, or remedy provided in this code or by common law.
(Ord. 1599 § 11, 1988)
A copy of the Washington Administrative Code, incorporated by reference herein, shall be available for public inspection with the city clerk, during all business hours.
(Ord. 1599 § 12, 1988)