16.30 Noise

The purpose of this chapter is to establish standards to protect the health, safety, and welfare of those living and working in the city and to implement policies of the general plan noise element. (Ord. 182 § 2 (part), 1997)

Excessive noise levels are detrimental to the health and safety of individuals. Noise is considered a public nuisance and the city discourages unnecessary, excessive or annoying noises from all sources. Creating, maintaining, causing or allowing to be created. caused or maintained any noise or vibration in a manner prohibited by the provisions of this chapter is a public nuisance and shall be punishable as a misdemeanor.

(Ord. 182 § 2 (part), 1997)

The following words. terms and phrases. when used in this chapter, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning:

A-Weighted Sound Level. The sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.

Ambient Noise Histogram. The composite of all noise from sources near and far, excluding the alleged intrusive noise source. In this context, the ambient noise histogram shall constitute the normal or existing level of environmental noise at a given location.

Cumulative Period. An additive period of time composed of individual time segments which may be continuous or interrupted.

Decibel. A unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base of ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.

Emergency Machinery, Vehicle or Alarm. Any machinery, vehicle or alarm used, employed, performed or operated in an effort to protect, provide or restore safe conditions in the community, or work by private or public utilities when restoring utility service.

Emergency Work. Work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

Fixed Noise Source. A stationary device which creates sounds while fixed or motionless, including, but not limited to, residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment.

Impulsive Noise. A sound of short duration, usually less than one second and of high intensity, with an abrupt onset and rapid decay.

Intrusive Noise. The alleged offensive noise that intrudes over and above the existing ambient noise at the receptor property.

Mobile Noise Source. A noise source other than a fixed noise source.

Noise Disturbance. An alleged intrusive noise that violates an applicable noise standard of this chapter. Noise

Histogram. A graphical representation of the distribution of frequency of occurrence of all noise levels near and far

measured over a given period of time.

Noise Level (LN). The noise level expressed in decibels that exceeds the specified (L,) value a percentage of total time measured. For example, an L25 noise level means that noise level that is exceeded twenty-five (25) percent of the time measured.

Noise-Sensitive Area. An area designated for the purpose of ensuring exceptional quiet (e.g.. around hospitals, nursing homes, libraries, and similar uses).

Noise Zone. A defined area of a generally consistent land use.

Pure Tone Noise. A sound that can be judged as audible as a single pitch or a set of single pitches by the code enforcement officer. For the purposes of this chapter, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound-pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of five hundred (500) Hertz and above, and by eight dB for center frequencies between one hundred sixty (160) and four hundred (400) Hertz, and by fifteen (15) dB for center frequencies less than or equal to one hundred twenty-five (125) Hertz.

Sound Level Meter. An instrument, including a microphone, an amplifier, an output meter and frequency weighting network, for the measurement of sound levels, that satisfies the requirements pertinent for Type S2A meters in American National Standards Institute specifications for sound level meters.

Vibration. The minimum ground or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration including, but not limited to, sensation by touch or visual observations of moving objects. The perception threshold shall be presumed to be a motion velocity of 0.01 in/sec over the range of one to one hundred (100) Hertz.

Weekday. Any day. Monday through Friday, that is not a legal holiday. (Ord. 182 § 2 (part), 1997)

The code enforcement officer shall have primary responsibility for the enforcement of the noise regulations contained in this chapter. The code enforcement officer shall make all noise-level measurements required for the enforcement of this chapter.

(Ord. 182 § 2 (part), 1997)

In the event of an initial violation of the provisions of this chapter, a written notice of violation shall be given the alleged violator. specifying the time by which the condition shall be corrected or an application for a permit or variance shall be filed. No further action shall be taken if the cause of the violation has been removed, the condition abated, or fully corrected within the time period specified in the written notice. (Ord. 182 § 2 (part), 1997)

The following activities shall be exempt from the provisions of this chapter:

A. Emergency Exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.

B. Warning Device. Warning devices necessary for the protection of public safety, (e.g., police, tire and ambulance sirens, and train horns).

• C. Outdoor Activities. Activities conducted on public playgrounds and public or private school grounds.

• including, but not limited to, school athletic and school entertainment events.

• D. Motion Picture Production and Related Activities. Activities in connection to production of motion pictures.

• E. Railroad Activities. All locomotives and rail cars operated by any railroad which is regulated by the state Public

• Utilities Commission.

• F. Federal or State Pre-Exempted Activities. Any activity, to the extent regulation thereof has been pre-empted

• by state or federal law,

G. Public Health and Safety Activities. All transportation, flood control, and utility company maintenance and construction operations at any time on public right-of-way, and those situations that may occur on private real property deemed necessary to serve the best interest of the public and to protect the public's health and well being, including, but not limited to, street sweeping, debris and limb removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, house moving, vacuuming catchbasins, removal of damaged poles and vehicles, repair of water hydrants and mains, gas lines, oil lines, sewers, etc.

H. Motor, Vehicles on Public Right-of-Way and Private Property. Except as provided in this chapter, all vehicles operating in a legal manner in compliance with local, state, and federal vehicle noise regulations within the public right-of-way or on private property.

1. Minor Maintenance to Residential Real Property. Noise sources associated with the minor maintenance of residential real property, provided the activities take place between the hours of seven a.m. and eight p.m. on any day except Sunday, or between the hours of nine a.m. and eight p.m. on Sunday.

(Ord. 182 § 2 (part), 1997)

Decibel measurements made in compliance with the provisions of this chapter shall be based on a reference soundpressure of twenty (20) micropascals, as measured with a sound level meter using the A-weighted network (scale) at slow response, or at the fast response when measuring impulsive sound levels and vibrations. (Ord. 182 § 2 (part). 1997)

Receptor properties described in this chapter are hereby assigned to the following noise zones:

• A. Noise zone I, noise-sensitive area:

• B. Noise zone II, residential properties;

• C. Noise zone Ill, commercial properties: and

• D. Noise zone IV, industrial properties.

• (Ord. 182 § 2 (part), 1997)

A. Standards for Noise Zones. Unless otherwise provided in this chapter, the following exterior noise levels shall apply to all receptor properties within a designated noise zone:

TABLE 3-6

EXTERIOR NOISE STANDARDS

B. Noise Standards. No person shall operate or cause to be operated. any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by a person that causes the noise level, when measured on any other property to exceed the following exterior noise standards:

1. Standard No. 1 . Standard No. 1 shall be the exterior noise level which shall not be exceeded for a cumulative period of more than thirty (30) minutes in any hour. Standard No. 1 may be the applicable noise level from Table 3-6 above.

2. Standard No. 2. Standard No. 2 shall be the exterior noise level which shall not be exceeded for a cumulative period of more than fifteen (15) minutes in any hour. Standard No. 2 shall be the applicable noise level from Table 3-6 above, plus five dB.

3. Standard No. 3. Standard No. 3 shall be the exterior noise level which shall not be exceeded for a cumulative period of more than five minutes in any hour. Standard No. 3 shall be the applicable noise level from Table 3-6 above plus ten dB.

4. Standard No. 4. Standard No. 4 shall be the exterior noise level which shall not be exceeded for a cumulative period of more than one minute in any hour. Standard No. 4 shall be the applicable noise level from Table 3-6 above plus fifteen (15) dB.

5. Standard No. 5. Standard No. 5 shall be the exterior noise level which shall not be exceeded for any period of time. Standard No. 5 shall be the applicable noise level from Table 3-6 above plus twenty (20) dB.

C. Noise at Zone Boundaries. If the measurement location is on a boundary property between two different zoning districts, the exterior noise level utilized in subsection B of this chapter to determine the exterior standard shall be the arithmetic mean of the exterior noise levels. as specified in Table 3-6, of the subject zones.

D. Measurement of Ambient Noise Histogram. The ambient noise histogram shall be measured at the same location along the property line utilized in subsection B. above, with the alleged intruding noise source inoperative. If the alleged intruding noise source cannot be turned off, the ambient noise histogram shall be estimated by performing a measurement in the same general area of the alleged intruding noise source but at a sufficient distance so that the noise from the alleged intruding noise source is at least ten dB below the ambient noise histogram.

E. Abatement Notice in Lieu of Citation. If the intrusive noise exceeds the exterior noise standards provided in subsections A and B above, at a specific receptor property and the code enforcement officer has reason to believe that this violation was unanticipated and due to abnormal conditions, the code enforcement officer shall issue an abatement notice in lieu of a citation. lithe specific violation is abated, no citation shall be is-sued. If the specific violation is not abated, the code enforcement officer shall issue a citation.

(Ord. 182 § 2 (part), 1997)

16.30.100 Interior Noise Standards for Multi-Family Residential.

A. Noise Standards for Residential Units. No person shall operate or cause to be operated within a residential unit. any source of sound, or allow the creation of any noise, that causes the noise level when measured inside a neighboring receiving residential unit to exceed the following standards:

1. Standard No. 1. The applicable interior noise level for cumulative period of more than five minutes in any hour;

2. Standard No. 2 . The applicable interior noise level plus five dB for a cumulative period of more than one

minute in any hour; or

3. Standard No. 3. The applicable interior noise level plus ten dB for any period of time.

B. Interior Noise Levels for Multi-Family Residential. The following interior noise levels shall apply within multi-family dwellings with windows in their normal seasonal configuration.

If the measured ambient noise level reflected by the L50 exceeds that permissible within the interior noise standards in subsection A above. the allowable interior noise level shall be increased in five dB increments to reflect the ambient noise level (L5„ ).

(Ord. 182 § 2 (part), 1997)

For any source of sound that emits a pure tone or impulsive noise, the allowed noise levels provided in Sections 1 6.30.090 (Exterior Noise Standards) and 16.30.100 (Interior Noise Standards for Multi-family Residential) shall be reduced by five decibels.

(Ord. 182 § 2 (part). 1997)

A. A-weighting Scale. The noise level shall be measured at a position(s) at any point on the receiver's property utilizing the A-weighting scale of the sound-level meter and the slow meter response (use fast response for impulsive type sounds). Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.

B. Microphone Location. The microphone shall be located four to five feet above the ground and ten feet or more from the nearest reflective surface except in those cases where another elevation is deemed appropriate.

C. Interior Noise. Interior noise measurements shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling or floor nearest the noise source, with windows in the normal seasonal configuration.

(Ord. 182 § 2 (part), 1997)

The following acts are a violation of this chapter.

A. Construction Noise.

1. Operating or causing the operation of tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of eight p.m. and seven a.m., or at any time on Saturdays, Sundays, or holidays so that the sound creates a noise disturbance across a residential or commercial property line, except for emergency work of public service utilities.

2. Construction activities shall be conducted in a manner that the maximum noise levels at the affected structures will not exceed those listed in the following schedule:

a. Residential Structures:

• 1) Mobile Equipment. Maximum noise levels for nonscheduled, intermittent, short-term operation (less than ten days) of mobile equipment:

• 2) Stationary Equipment. Maximum noise level for repetitively scheduled and relatively long-term

• operation periods (three days or more) of stationary equipment:

b. Business Structures. Maximum noise levels for nonscheduled, intermittent, short-term operation of mobile equipment: daily. including Sundays and legal holidays, all hours: maximum of eighty-five (85) dBA.

3. All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with suitable exhaust and air-intake silencers in proper working order.

B. Loading and Unloading Operations. Loading, unloading, opening, closing or other handling of boxes. crates, containers, building materials, garbage cans or similar objects between the hours of ten p.m. and six am. in a manner to cause a noise disturbance is prohibited.

C. Noise Disturbances in Noise-Sensitive Zones. Creating or causing the creation of a noise disturbance within a noise-sensitive zone is prohibited, provided that conspicuous signs are displayed indicating the presence of the zone. Noise-sensitive zones shall be indicated by the display of conspicuous signs in at least three separate locations within five hundred (500) feet of the institution or facility (e.g., health care facility)

D. Places of Public Entertainment. Operating, playing, or permitting the operation or playing of a radio, television. phonograph, drum, musical instrument, sound amplifier or similar device that produces, reproduces, or amplifies sound in a place of public entertainment at a sound level greater than ninety-five (95) dBA, (read by the

slow response on a sound level meter) at any point that is normally occupied by a customer is prohibited, unless conspicuous signs are located near each public entrance stating, "Warning: Sound Levels Within May Cause Hearing Impairment."

E. Emergency Signaling Devices.

1. The intentional sounding or permitting the sounding outdoors of an emergency signaling device, including fire, burglar or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing is prohibited.

2. Testing of a stationary emergency signaling device shall not occur before seven a.m. or after seven p.m. Testing shall use only the minimum cycle test time. Test time shall not exceed sixty (60) seconds. Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Testing shall not occur before seven a.m. or after ten p.m.

3. Sounding or permitting the sounding of an exterior burglar or fire alarm, or motor vehicle burglar alarm is prohibited, unless the alarm is terminated within fifteen (15) minutes of activation.

F. Stationary Nonemergency Signaling Devices. Sounding or permitting the sounding of an electronically amplified signal from a stationary bell, chime, siren. whistle, or similar device intended primarily for nonemergency purposes, from any place, for more than ten consecutive seconds in any hourly period is prohibited.

G. Refuse Collection Vehicles.

1. Operating or permitting the operation of the compacting mechanism of any motor vehicle that compacts refuse and that creates, during the compacting cycle, a sound level in excess of eighty-six (86) dBA when measured at fifty (50) feet from any point of the vehicle is prohibited.

2. Collecting refuse, or operating or permitting the operation of the compacting mechanism of any motor vehicle that compacts refuse between the hours often p.m. and six a.m. the following day in a residential area or noisesensitive zone is prohibited.

H. Sweepers and Associated Equipment. Operating or permitting the operation of sweepers or associated sweeping equipment (i.e., blowers) between the hours often p.m. and six a.m. the following day in, or adjacent to, a residential area or noise-sensitive area is prohibited.

I. Residential Air Conditioning[.] or Refrigeration Equipment. Operating or permitting the operation of air conditioning or refrigeration equipment in a manner that exceeds the following sound levels is prohibited:

J. Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in a manner as to cause a noise disturbance across property lines or within a noise-sensitive zone is prohibited.

K. Vibration. Operating or permitting the operation of any device that creates vibration that is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property, or at one hundred fifty (150) feet from the source if on a public space or public right-of-way is prohibited. The perception threshold shall be a motion velocity of 0.01 in/sec over the range of 1 to 100 Hertz.

• (Ord. 610-24 § 6, 2024; Ord. 544 § 3, 2019; Ord. 182 §2 (part), 1997)

Modifications to the requirements of this chapter may be granted by the director for a period of up to two years, subject to any terms, conditions, or requirements to minimize adverse effects on the surrounding neighborhood reasonable. Modifications may be granted only if one of the following findings can be made:

A. Additional time is necessary for the applicant to alter or modify the activity, operation, or noise source to comply with this chapter: or

B. The activity, operation, or noise source cannot feasibly be done in a manner that would comply with the provisions of this chapter. and no other reasonable alternative is available to the applicant.