HomeMy WebLinkAbout2188ORDINANCE NO. gin
AN ORDINANCE of the City of Port Angeles
amending Chapters 9.04, 9.12, 9.16, 9.24,
9.30, 9.34, 9.38 and 9.42 of Ordinance
2129 and the Port Angeles Municipal Code;
adding new sections to Chapters 9.01, 9.04
and 9.08 of the Port Angeles Municipal
Code; and repealing Section 9.38.020 of
Ordinance 2129 and the Port Angeles Municipal
Code.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ANGELES, as follows:
Section 1. There is hereby added to Title 9 of the Port
Angeles Municipal Code, a new section, to be placed in Chapter
9.01, as follows:
9.01.075 Conditions of Suspension or Deferral of Sentence.
Any suspendable or deferrable fine or imprisonment may be
suspended or deferred on any of the following terms or
conditions as the court deems appropriate:
(1) Restitution to any person or persons who may have
suffered injury or damage by reason of commission of the
crime in question;
(2) Compliance with any order of a court for payment of
family support;
(3) Sucessful completion of any alcohol or mental
counseling program for behaviour problems related to the
crime;
(4) Completion of an appropriate number of hours of
community service;
(5) No contact with any person or business establishment
who was a victim of the crime;
(6) Forfeiture of any firearm, weapon or weapons,: used
in connection with the crime; or
(7) Performance of or abstention from any act that the
court deems appropriate under the circumstances or which
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may help prevent a recurrence of the same or similar
criminal behavior.
Section 2. Section 9.04.010 of Ordinance 2129 and the
Port Angeles Municipal Code is hereby amended to read as follows:
9.04.010 General Requirements of Culpability. Kinds of
culpability are defined as follows:
(1) Intent. A person acts with intent or intentionally
when he acts with the objective or purpose to accomplish
a result which constitutes a crime.
(2) Knowledge. A person knows or acts knowingly or with
knowledge when he is aware of a fact, facts, or circum-
stances or result described by an ordinance defining an
offense. A person may be found, but is not required to
be found, to know or act knowingly or with knowledge when
he has information which would lead a reasonable person
in the same situation to believe that facts exist which
facts are described by an ordinance defining an offense.
(3) Recklessness. A person is reckless or acts recklessly
when he knows of and disregards a substantial risk that a
wrongful act may occur and his disregard of such sub-
stantial risk is a gross deviation from conduct that a
reasonable man would exercise in the same situation.
(4) Criminal Negligence. A person is criminally
negligent or acts with criminal negligence when he fails
to be aware of a substantial risk that a wrongful act may
occur and his failure to be aware of such s :ubstantial risk
constitutes a gross deviation from the standard of care
that a reasonable man would exercise in the same situation.
Section 3. There is hereby added to Title 9 of the Port
Angeles Municipal Code, a new section, to be placed in Chapter
9.04, as follows:
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9.04.050 Criminal Liability of Corporations and Persons
Acting or Under a Duty to Act in Their Behalf.
(1) Definitions:
(a) Agent means any director, officer, or employee
of a corporation, or any other person who is authorized
to act on behalf of the corporation;
(b) Corporation includes any domestic, foreign,
for- profit, non - profit, or other corporation, joint stock
association, agricultural cooperative, trade association,
union, partnership, or other public or private entity_
doing business within the City of Port Angeles.
(c) High managerial agent means an officer or
director of a corporation or any other agent in a position
of comparable authority with respect to the formulation
of corporate policy or the supervision in a managerial
capacity of subordinate. employees.
(2) A corporation is guilty of an offense when:
(a) The conduct constituting the offense consists of
an omission to discharge a specific duty of performance
imposed on corporations by law; or
(b) The conduct constituting the offense is engaged
in, authorized, solicited,, requested, commanded, or
tolerated by the board of directors or by a high managerial
agent acting within the scope of his employment and on
behalf of the corporation; or
(c) The conduct constituting the offense is engaged
in by an agent of the corporation, other than a high
managerial agent, while acting within the scope of his
employment and in behalf of the corporation and
(i) the offense is a gross misdemeanor or mis-
demeanor, or
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(ii) the offense is one defined by a statute
which clearly indicates a legislative intent to impose
such criminal liability on a corporation.
(3) A person is criminally liable for conduct constituting
an offense which he performs or causes to be performed in
the name of or on behalf of a corporation to the same
extent as if such conduct were performed in his own name
or behalf.
(4) Whenever a duty to act is imposed by law upon a
corporation, any agent of the corporation who knows he has
or shares primary responsibility for the discharge of the
duty is criminally liable for a reckless or, if a high
managerial agent, criminally negligent omission to per-
form the required act to the same extent as if the duty
were by law imposed directly upon such agent.
(5) Any corporation which shall violate any provision of
this title may, in addition to payment of any fine imposed,
forfeit every right and license to do business in the City
of Port Angeles. Such rights and licenses may be removed
by vote of the City Council, upon application by the City
Attorney, at a regular hearing conducted for this purpose.
A certified copy of the record of conviction may be for-
warded to the attorney general for other proceedings or
actions to forfeit the right and franchise to do business
in the state of Washington according to state law.
Section' 4. There is hereby added to Title 9 of the Port
Angeles Municipal Code, a new section, to be placed in Chapter
9.08, as follows:
9'.'0'8.070 Insanity. To establish. the defense of insanity,
it must be shown that:
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(1) At the time of the commission of the offense, as a
result of mental disease or defect, the mind of the
actor was affected to such an extent that:
(a) He was unable to perceive the nature and
quality of the act with which he is charged; or
(b) He was unable to tell right from wrong with
reference to the particular act charged.
(2) The defense of insanity must be established by a
preponderance of the evidence.
Section 5. Section 9.12.010 of Ordinance 2129 and the Port
Angeles Municipal Code is hereby amended to read as follows:
9.12.010 Criminal Attempt.
(1) A person is guilty of an attempt to commit a crime if,
with intent to commit a specific crime as defined by this
title, he does any act which is a substantial step toward
the commission of that crime.
(2) If the conduct in which a person engages otherwise
constitutes an attempt to commit a crime, it is no defense
to a prosecution of such attempt that the crime charged
to have been attempted was, under the attendant circum-
stances, factually or legally impossible of commission.
(3) An attempt to commit a crime is, and shall be
punishable to the same extent as, a Class I1 offense.
Section 6. Section 9.16.050 of Ordinance 2129 and the Port
Angeles Municipal Code is hereby amended to read as follows:
9.16'.050 Malicious Mischief.
(1)(A) A person is guilty of malicious mischief in the
third degree if he knowingly and maliciously causes
physical damage to the property of another, under circum-
stances not amounting to malicious mischief in the first
or second degree under RCW Title 9A.
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(B) If more than one item of property is physically
damaged as a result of a common scheme or plan, or series
of incidents in close spatial and temporal proximity, by
a person,and the physical damage to the property would,
when considered separately, constitute a Class II mis-
demeanor because of value, then the value of the damages
may be aggregated. If the sum of the valuescof all the
physical damagesrexce-edsFifty Dollars ($50), the offense
shall be a Class I misdemeanor and the defendant shall be
sentenced accordingly.
(2) Definitions. For the purpose of this chapter as now
or hereafter amended, unless the context indicates other-
wise:
(a) "Building" has the definition in 9.01.100(5)
and where a building consists of two or more units separ-'
ately secured or occupied, each unit shall not be treated
as a separate building.
(b) "Damages" in addition to its ordinary meaning,
includes any charring, scorching, burning, or breaking, or
agricultural or industrial sabotage, and shall include
any diminution in the value of any property as a conse-
quence of an act.
(c) "Physical damage" in addition to its ordinary
meaning shall include the alteration, damage, or erasure
of records, information, data, or computer programs which
are electronically recorded for use in computers.
Section 7. Section 9.16.090 of Ordinance 2129 and the Port
Angeles Municipal Code is hereby amended to read as follows:
9.16.090 Theft.
(1) Definitions. The following definitions are applicable
in this chapter unless the context otherwise requires:
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(a) "Appropriate lost or.misdeliveredpproperty or
services" means obtaining or exerting control over the
property or services of another which the actor' knows to
have been lost or mislaid, or to have been delivered under
a mistake as to identity of the recipient or as to the
nature or amount of the property.
(b) "By color or aid of deception" means the
deception operated to bring about the obtaining of the
property or services; it is not necessary that deception
be the sole means of obtaining the property or services.
(c) "Deception" occurs when an actor knowingly:
(i) creates or confirms another's false im-
pression which the actor knows ^to-:be' false;:--or
(ii) fails to correct another's impression which
the actor previously has created or confirmed; or
(iii) prevents another from acquiring information
material to the disposition of the property involved; or
(iv) transfers or encumbers property without dis-
closing a lien, adverse claim, or.other legal impediment
to the enjoyment of the property, whether that impediment
is or is not valid, or is or is not a matter of official
record; or
(v) promises performance which the actor does
not intend to perform or knows will not be performed.
(d) "Deprive" in addition to its common meaning
means to make unauthorized use or an .unauthorized copy
of records, information, data, trade secrets or computer
programs, provided that the aforementioned are of a
private proprietary nature.
(e) "Obtain control over" in addition to its common
meaning, means:
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(i) in relation to property, to bring about a
transfer or purported transfer to the obtainer or another
of a legally recognized interest in the property; or
(ii) in relation to labor or service, to secure
performance thereof for the benefits of the obtainer or
another.
(f) "Wrongfully obtains" or "exerts" .unauthorized
control" means:
(i) to take the property or services of another;
or
(ii) having any property or services in one's
possession, custody or control as bailee, factor, pledgee,
servant, attorney, agent, employee, trustee, executor,
administrator, guardian, or officer of any person, estate,
association, or corporation, or as a public officer, or
person authorized by agreement or competent authority to
take or hold such possession, custody, or control, to
secrete, withhhold, or appropriate the same to his own
use or to the use of any person other than the true owner
or person entitled thereto.
(g) "Owner" means a person, other than the actor,
who has possession of or any other interest in the property
or services involved, and without whose consent the actor
has no authority to exert control over the property or
services.
(h) "Receive" includes, but is not limited to, acquir-
ing title,,possession, control, or a security interest, or
any other interest in the property;
(i) "Services" includes, but is not limited to,
labor, professional services, transportation services,
electronic computer services, the supplying of hotel
accomodations, restaurant services, entertainment, the
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supplying of equipment for use, and the supplying of com-
moditites of a public utility nature such as gas, elec-
tricity, steam, and water;
(j) "Stolen" means obtained by theft, robbery, or
extortion.
(k) "Value" means the market value of the property
or services at the time and in the approximate area of
the criminal act:
(i) Whether or not they have been issued or
delivered, written instruments, except those having a
readily ascertained market value, shall be evaluated as
follovb:
(a) The value of an instrument consti-
tuting an evidence of debt, such as a check, draft, or
promissory note, shall be deemed the amount due or
collectible thereon or thereby, that figure ordinarily
being the face amount of the indebtedness less any
portion thereof which has been. satisfied.
(b) The value of a ticket or equivalent
instrument which evidences a right to receive transporta-
tion, entertainment, or other service shall be deemed the
price stated thereon, if any; and if no price is stated
thereon, the value shall be deemed the price of such
ticket or equivalent instrument which the issuer charged
the general public.
(c) The value of any other instrument
that creates, releases, discharges, or otherwise affects
any valuable legal right, privilege, or obligation shall
be deemed the greatest amount of economic loss which the
owner of the instrument might reasonably suffer by virtue
of the loss of the instrument.
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(ii) Whenever any series of transactions which con-
stitute theft, would, when considered separately, constitute
a Class II misdemeanor because of value, and said series of
transactions are part of a common scheme or plan, then the
transactions may be aggregated in one count and the sum of
the value of all said transactions shall be the value con-
sidered in determining the degree of theft involved. Trans-
actions involving checks drawn on the same bank or checking
account over a reasonable period of time not to exceed six
months, notwithstanding the number of different persons
such checks may have been issued to, may be aggregated into
one count and the sum of the value of the checks shall be
the value considered in determining the class of the
crime.
(iii) Whenever any person is charged with possessing
stolen property and such person has unlawfully in his
possession at the same time the stolen property of more
than one person, then the stolen property possessed may
be aggregated in one count and the sum of the value of
all the stolen property shall be the value considered in
determining the class of crime involved.
(iv) Property or services having value that cannot
be ascertained pursuant to the standards set forth above
shall be deemed to be of a value not exceeding One Hundred
($100) Dollars.
(2) Theft - Definition - Defense.
(a) "Theft" means:
(i) to wrongfully obtain or exert unauthorized
control over the property or services of another or the
value thereof, with intent to deprive him of such property
or services; or
(ii) by color or aid of deception to obtain
control over the property or services of another or the
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value thereof, with intent to deprive him of such property
or services; or
(iii) to appropriate lost or misdelivered
property or services of another, or the value thereof,
with intent to deprive him of such property or services.
(b) In any prosecution for theft, it shall be a suf-
ficient defense that the property or service was appropriated
openly and avowedly under a claim of title made in good faith,
even though the claim is untenable.
(3) Theft in the Third Degree. A person is guilty of
theft in the third degree if he commits theft of property
or services which does not exceed two hundred fifty ($250)
dollars in value.
Section 8. Section 9.16.110 of Ordinance 2129 and the Port
geles Municipal Code is hereby amended to read as follows:
9.16.110 Possessing Stolen Property - Definition -
Defenses.
(1) "Possessing stolen property" means knowingly to
receive, retain, possess, conceal, or dispose of stolen
property knowing that it has been stolen and to withhold
or appropriate the same to the use of any person other
than the true owner or person entitled thereto.
(2) The fact that the person who stole the property has
not been convicted, apprehended, or identified is not a
defense to a charge of possessing stolen property.
(3) A person is guilty of possessing stolen property if
he possesses stolen property which does not exceed two
hundred fifty ($250) dollars in value.
Section 9. Section 9.16.130 of Ordinance 2129 and the Port
geles Municipal Code is hereby amended to read as follows:
9.16'.130 Unlawful Issuance of Bank Check.
(1) Any person who shall with intent to defraud, make, or
draw, or utter, or deliver to another person any check,
or draft, on a bank or other depository for the payment
of money, knowing at the time of such drawing, or delivery,
that he has not sufficient funds in, or credit with said
bank or other depository, to meet said check or draft, in
full upon its presentation, shall be guilty of unlawful
issuance of bank check.
(2) The word "credit" as used herein shall be construed
to mean an arrangement or understanding with the bank or
other depository for the payment of such check or draft,
and the uttering or delivering of such a check or draft
to another person without such fund or credit to meet the
same shall be prima facie evidence of an fatierit to defraud.
(3) Any person who shall with intent to defraud, make, or
draw, or utter, or deliver to another person any check,
or draft on a bank or other depository for the payment of
money and who issues a stop- payment order directing the
bank or depository on which the check is drawn not to
honor said check, and who fails to make payment of money
in the amount of the check or draft or otherwise arrange
a settlement agreed upon by the holder of the check within
thirty days of issuing said check or draft shall be guilty
of unlawful issuance of a bank check.
Section 10. Section 9.16.160 of Ordinance 2129 and the Port
Angeles Municipal Code is hereby amended to read as follows:
9'.1.6.160 'Frauds on Innkeeper. Every person who shall
obtain any food, lodging or accommodation at any hotel,
restaurant, boarding house or lodging house without baying
therefor, with intent to defraud the proprietor or manager
thereof, or who shall obtain credit at a hotel, restaurant,
boarding house or lodging house by color or aid of any
false pretense, representation, token or writing, or who
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after obtaining board, lodging or accommodation at a
hotel, restaurant, boarding house or lodging house,
shall surreptitiously remove his baggage therefrom with-
out paying for such food, lodging or accommodation, shall
be guilty of defrauding an innkeeper.
Section 11. Section 9.16.170 of Ordinance 2129 and the Port
Angles Municipal Code is hereby amended to read as follows:
9.16.170 Defrauding Taxicab or For -Hire Vehicles.
Any person who shall, with the intent to defraud, hire a
taxicab or for -hire vehicle and refuse to pay or, knowing
at the time of such hiring that he has insufficient funds,
fail to pay for the services thereby obtained, shall be
guilty of defrauding a taxicab or for -hire vehicle.
Section 12. There is hereby added to Title 9 of the Port
Angeles Municipal Code, a new section to be placed in Chapter 9.16,
as follows:
9.16.90'0 .1'as'sifica't'ion of Crimes. Any person convicted
of violating Sections 9.16.090, - 9.16.110, 9.16.130,
9.16.160 or 9.16.170 of this chapter shall be guilty of
a Class I misdemeanor, and sentenced accordingly, where:
(1) The value of the property, services or checks forming
the basis of the charge is equal to or greater than One
Hundred ($100) Dollars; or
(2) The person charged has been convicted or forfeited
bail, within five (5) years of the date of the incident
or incidents forming the basis of the charge, of two or
more previous crimes of theft, possession of stolen
property, unlawful issuance of bank checks, or any kind
of fraud under any city, county, state or federal law.
(3) All other violations of Sections - 9.16.090, 9.16.110,
9.16.130, 9.16.160, or 9.16.170 shall be Class II
misdemeanors rand sentenced accordingly.
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Section 13. Section 9.24.030 of Ordinance 2129 and the Port
Angeles Municipal Code is hereby amended to read as follows:
9.24.030 Disorderly Conduct. A person is guilty of
disorderly conduct if he:
(1) Uses abusive language and thereby intentionally
creates a risk of assault; or
(2) By act or gesture intentionally creates the risk
of an assault; or
(3) Intentionally disrupts any lawful assembly or meeting
of persons or intentionally obstructs vehicular or pedes-
trian traffic without express authorization from a
federal, state, county or city government official having apparen
authority to do so or, if such assembly, meeting or
traffic is on private property, the person or agent of
the person in control thereof; or
(4) Knowingly urinates or defecates in any public or
private place other than a public restroom, toilet, or
other facility designed for such use; or
(5) Engages in assaultive behavior with one or more
persons in any public place in the city.
(6) Disorderly conduct is a Class II misdemeanor.
Section 14. Section 9.24.060 of Ordinance 2129 and the Port
Angeles Municipal Code is hereby amended to read as follows:
9,24.060 Di's'turbing the Peace.
(1) It shall be a Class 11 misdemeanor for any person to
create a noise' nuisance. For the purposes of this section,
a "noise nuisance" is created where:
(a) A person intentionally makes or permits to be
made any excessive.noise which unreasonably and knowingly
disturbs another, after being given notice that such noise
is causing or will cause a disturbance; or
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(3) The person plays or permits to be played any
radio, television, musical instrument, stereo, or other
machine or device for producing or reproducing sound in
any manner so as to unreasonably and knowingly disturb
another, after being given notice that such playing of
the above instruments is causing or will cause a
disturbance; or
(C) A person uses or permits to be used in a
residential zone or in the vicinity of a hotel, motel or
hospital, hand or power tools or machinery, resulting in
unreasonably loud and disturbing noises between the hours
of 10:00 PM and 7:00 AM.
(2) Chapter 173 -60 WAC, Maximum Environmental Noise
Levels, as now existing, and all future amendments,
additions, and new sections, is hereby adopted by reference
as the Maximum Environmental Noise Level Code of the City
of Port Angeles, as provided in RCW 35A.13.180 and
RCW 35A.12.140. It shall be a Class 1I misdemeanor for
any person to make noise in violation of any provision of
the codes adopted herein.
Section 15. Section 9.30.020 of Ordinance 2121 and
the Port Angeles Municipal Code is hereby amended to read as
follows:
9.30.020 Obstructing a Public Servant. Every person who,
(1) without lawful excuse shall refuse or knowingly fail
to make or furnish any statement, report, or information
lawfully required of him by a public servant; or (2) in
any such statement or report shall make any knowingly untrue
statement to a public servant; or (3) shall knowingly hinder,
delay, or obstruct any public servant in the discharge of
his official power or duties; shall be guilty of a Class I
misdemeanor.
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Section 16. Section 9.30.080 of Ordinance 2129 and the
Port Angeles Municipal Code is hereby amended to read as
follows:
9.30.080 Introducing Contraband in the Third Degree. A
person is guilty of introducing contraband in the third
degree if he knowingly and unlawfully provides contraband
to any person confined in any adult or juvenile detention
facility, work release facility, jail, or prison within the
City of Port Angeles. Introducing contraband is a Class I
misdemeanor.
Section 17. Section 9.34.010 of Ordinance 2129 and
the Port Angeles Municipal Code is hereby amended to read as
follows:
9.34.010 Possession of Marijuana. It shall be unlawful
unless otherwise provided by state law for a person, firm
or corporation to possess any part of the plant Cannabis
Sativa L., commonly known as marijuana, or any other cannabis
plant whether growing or not; the seeds thereof, the resin
extracted from any part of such plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of
such plant, its seeds, or resin; but shall not include the
mature stalks of such plant, fiber produced from such stalks,
oil or cake made from the seeds of such plant, any other
compound, manufacture, sale, derivative, mixture or prepara-
tion of such mature stalks, fiber, oil or cake, or the
sterilized seed of such plant which is incapable of germina-
tion, except upon the order or prescription of a physician,
surgeon, dentist or veterinary surgeon duly licensed to
practice in the State of Washington; provided,however, that
the above provisions shall not apply to the possession by
drug jobbers, drug wholesalers, and drug manufacturers, to
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registered pharmacists or to physicians, dentists, or
veterinary surgeons; or to public officers or their employees
in the performance of their official duties requiring
possession or control of marijuana; or to temporary inciden-
tal possession by employees or agents of persons lawfully
entitled to possession, or by persons whose possession is
for the purpose of aiding public officers in performing their
official duties. Possession of marijuana is a Class II
misdemeanor; 'provided, that for a person's first offense
under this section, or Section 9.34.100, possession of
marijuana shall be a forfeitable offense punishable by a
fine of Fifty ($50) Dollars.
Section 18. Section 9.34.030 of Ordinance 2129 and
the Port Angeles Municipal Code is hereby amended to read as
follows:
9.34.030 Furnishing Liquor to Minors. Except in the case
of liquor given or permitted to be given to a person under
the age of twenty -one years by his parent or guardian at
the parent's or guardian's place of residence, or adminis-
tered to him by his physician or dentist for medicinal
purposes, no person shall give, or otherwise supply liquor
to any person under the,age of twenty -one years, or permit
any person under that age to consume liquor on his premises
or on any premises under his control. Furnishing liquor
to a minor is a Class I misdemeanor.
Section 19. Section 9.34.040 of Ordinance 2129 and
the Port Angeles Municipal Code is hereby amended to read as
follows:
9.34.040 Minor in Possession of Liquor. It is unlawful
for any person under the age of twenty -one years to acquire
or have in his possession, or consume, any liquor except as
provided in Section 9.34.030 PAMC, and except when such
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liquor is being used in connection with religious services.
Any person who violates the provisions of this section
shall be guilty of a Class II misdemeanor.
Section 20. Section 9.34.100 of Ordinance 2129 and
the Port Angeles Municipal Code, is hereby amended to read as
follows:
9.34.100 Persons Wilfully Present Where Marijuana Is Being
Unlawfully Possessed or Consumed.
(1) It shall be unlawful for any person to be wilfully
present on any premises or in any vehicle where marijuana
is being possessed or used contrary to state law, and every
person voluntarily in said vehicle or present on said
premises with knowledge of the fact that marijuana is being
unlawfully possessed or used shall be equally guilty with
the person or persons possessing or using marijuana contrary
to state law or city ordinances as now existing or hereafter
amended. Presence at a party or social gathering or in a
vehicle where marijuana is being possessed or used contrary
to city ordinances or state law shall establish prima facie
knowledge of the unlawful possession or use.
(2) Any person wilfully present where marijuana is being
unlawfully possessed or used shall be guilty of a Class II
misdemeanor; provided, that for a person's first offense
under this section or Section 9.34.010, persons wilfully
present where marijuana is being unlawfully possessed or
consumed shall be a forfeitable offense punishable by a
fine of Fifty ($50) Dollars.
Section 21. Section 9.38.020 of Ordinance 2129 and
the Port Angeles Municipal Code, regarding motor vehicles left
unattended with keys in the ignition, is hereby repealed.
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Section 22. Section 9.38.030 of Ordinance 2129 and
Is
the Port Angeles Municipal Code hereby amended as follows:
9.38.030 Restraining Orders - Notice - Refusal to Comply -
Penalty - Defense.
(1) Any person having had actual notice of the existence
of a restraining order issued by a court of competent
jurisdiction in a criminal action involving domestic violence
or in an action for the dissolution of a marriage, who fails
or refuses to comply with the provisions of such order shall
be guilty of a Class I misdemeanor.
(2) The notice requirements of subsection (1) may be
satisfied by a peace officer, clerk, officer or the court,
the complainant, or any person named in the restraining
order giving oral or written evidence to the person subject
to the order by reading from or handing to that person a
copy certified by a notary public or the clerk of the court
to be an accurate copy of the original restraining order on
file, which copy may be supplied by the court, the complain-
ant, the complainant's attorney, or any other person named
in the restraining order.
(3) The remedies provided by this section shall not apply
unless restraining orders subject to this section shall bear
the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF
ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 9A RCW,
CHAPTER 26.09 RCW, OR CHAPTER 9.38 PAMC, AND MAY ALSO BE
SUBJECT TO CIVIL CONTEMPT PROCEEDINGS, or words to the same effect.
(4) It is a defense to prosecution under section (1) of
this section that the court order was issued contrary to law
or court rule; provided, that no right of action shall accrue
against any peace officer acting upon a properly certified
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copy of a court order lawful on its face if such officer
employs otherwise lawful means to effect the arrest.
Section 23. Section 9.38.050 of Ordinance 2129 and
he Port Angeles Municipal Code is hereby amended to read as
ollows:
9.38.050 United States and State Flags, Crimes Relating To.
(1) "Flag ". The word flag as used in this section shall
include, in addition to the definition of "flag" in any
statute, regulation, or executive order of the United States,
the State of Washington, or any agency of the United States
or the State of Washington, any flag at least one and a half
by two and a half feet in size and made of silk, bunting,
nylon, polyester, cotton, cloth, paper, or any other fabric,
upon which shall be shown the colors, stripes, stars, seals,
or other figures, in any number of or any part or parts, of
the official flag of the united States or the State of Wash=
ington, and evidently purporting to be or by which the
average person seeing the same without deliberation may
believe the same to represent the flag of the United States
or of the State of Washington.
(2) "Standard, color, ensign, or shield ". The words
"standard ", "color ", "ensign ", or "shield" as used in this
section shall include any standard, color, ensign, or shield
of any design, substance or size designated by any statute,
regulation or executive order of the United States, the
State of Washington, or any agency of the United States or
the State of Washington, or reasonable facsimile thereto
evidently purporting to be said standard, color, ensign, or
shield and by which the average person seeing the same without
deliberation may believe the same to represent the colors,
-20-
standard, ensign or shield of the United States or the
State of Washington.
(3) Improper Use of Flag Prohibited. No person shall, in
any manner, for exhibition or display:
(A) place or cause to be placed for commercial purposes
any word, figure, mark, picture, design, drawing or adver-
tisement of any nature upon any flag, standard, color, ensign,
or shield of the United States or the State of Washington;
or
(B) expose to public view for sale, manufacture, or
otherwise, or to sell, give, or have in possession for sale,
for gift or for use for any purpose, any substance, being
an article of merchandise, or receptacle, or thing for
holding or carrying merchandise, upon or to which shall have
been produced or attached any such flag, standard, color,
ensign or shield, in order to advertise, call attention to,
decorate, mark or distinguish such article or substance.
(4) Desecration of Flag. No person shall intentionally
and maliciously, in public, mutilate, deface, defile, burn,
trample upon, maim, mangle, soil, sully, tear, cut, pierce,
destroy, ravage, delapidate, decimate, break down, dissolve,
disintegrate, pulverize, vandalize, spoil, devour, corrode,
erode, waste away, abrade, batter, excoriate, decay,
expectorate upon, micturate upon, or defecate upon any flag,
standard, color, ensign or shield of the United States or
the State of Washington as defined in subsection (1).
(5) Application of Provisions. This section shall not
apply to any act allowed by the Constitution, statutes,
regulations, or executive orders of the United States, the
State of Washington, or any agency of the United States or
the State of Washington, nor shall it apply to any printed
-21-
•
•
or written document or production, stationery, ornament,
picture or jewelry whereupon there shall be depicted such
flag, standard, color, ensign, or shield with no design or
words thereon and disconnected with any advertisement.
(6) Any violation of this section shall be a Class II
misdemeanor.
Section 24. Section 9.42.090 of Ordinance 2129 and
the Port Angeles Municipal Code is hereby amended to read as
follows:
9.42.090 Forfeiture of Weapons.
(1) When any person shall be found guilty under Sections
9.42.020, or 9.42.040, the firearm, weapon, or weapons
involved in the offense shall be confiscated by the Chief
of Police and forfeited to the City of Port Angeles.
(2) When any person shall be found guilty under Sections
9.42.050, 9.42.070, or any other violation of a criminal
law, any firearm, weapon, or weapons involved in or used
in connection with the offense may be confiscated by the
Chief of Police and forfeited to the City of Port Angeles.
Section 25. The immediate effectiveness of this
Ordinance is necessary for the preservation of the public health,
safety and welfare, and shall therefore take effect upon
execution.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of the Council held on the 5th day of
January , 1982.
ATTEST:
arian C. Parrish, City Clerk
PPROVED AS TO FORM:
Craig L
Miller, City Attorney
SHED: ya,~4_,airt /9,/9/.2-
M A Y O R
-22-
173 -58 -090 Title 173 WAC:
Ecology, Department of
"cruise') RPM range, ± 100 RPM. The watercraft shall
be at this speed when it passes the first marker, and
shall continue to operate at this speed until its bow pas-
ses the third marker.
(4) Measurement. The watercraft sound level shall be
measured as follows:
(a) The sound level meter shall be set for fast re-
sponse and on the "A" weighting scale.
(b) The meter shall be observed during the entire
passby. The applicable reading shall be the sound level
obtained as the stern of the watercraft passes the middle
marker. Peaks due to unrelated ambient noise, water
noise from waves or wakes, propellor cavitation noise, or
extraneous impulsive —type noise shall be excluded. At
least two measurements shall be made for each side of
the watercraft. All values shall be recorded.
(c) The sound level for each side of the watercraft
shall be the average of the two highest readings which
are within I dBA of each other, rounded to the nearest
0.5 dBA. The reported sound level shall be that of the
loudest side of the watercraft.
(5) New watercraft shall be tested according to the
specifications of the SAE J34 measurement procedure.
[Statutory Authority: Chapter 70.107 RCW. 79 -04 -033
(Order DE 78 -19), § 173- 58 -090, filed 3/22/79.1
Chapter I73 -60 WAC
MAXIMUM ENVIRONMENTAL NOISE LEVELS
WAC
173 -60-010
173 -60-020
173 -60-030
173-60-040
173 -60-050
173 -60 -060
173 -60-070
173 -60-080
173 -60-090
173 - 60-100
173 - 60-110
173 - 60-120
Authority and purpose.
Definitions.
Ident ification of environments.
Maximum permissible environmental noise levels.
Exemptions.
Nuisance regulations not prohibited.
Future regulations.
Variances and implementation schedules.
Enforcement policy.
Appeals.
Cooperation with local government.
Effective. date.
WAC 173-60 -010 Authority and purpose. These
rules are adopted pursuant to chapter 70.107 RCW, the
Noise Control Act of 1974, in order to establish maxi-
mum noise levels permissible in identified environments,
and thereby to provide use standards relating to the re-
ception of noise within such environments. [Order 74-
32. § 173- 60 -010, filed 4/22/75, effective 9/1/75.]
WAC 173-60-020 Definitions. (1) "Background
Sound Level" means the level of all sounds in a given
environment, independent of the specific source being
measured.
(2) "dBA" means the sound pressure level in decibels
measured using the "A" weighting network on a sound
level meter. The sound pressure levet, in- decibels, of a
sound is 20 times the logarithm to the base 10 of the
ratio of the pressure of the sound to a reference pressure
of 20 micropascals.
(3) "Department" means the department of ecology.
lTitle 173 w`AC —p 1321
(4) "Director" means the director of the department
of ecology.
(5) "EDNA" means the environmental designation for
noise abatement, being an area or zone (environment)
within which maximum permissible noise levels are
established.
(6) "Local Government" means county or city gov-
ernment or any combination of the two.
(7) "Noise' means the intensity, duration and char-
acter of sounds, from any and all sources.
(8) "Person" means any individual, corporation, part-
nership, association, governmental body, state agency or
other entity whatsoever.
(9) "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 per-
sons, and its vertical extension.
(10) "Racing Event" means any motor vehicle com-
petition conducted under a permit issued by a govern-
mental authority having jurisdiction or, if such permit is
not required, then under the auspices of a recognized
sanctioning body.
(1 1) 'Receiving Property" means real property within
which the maximum permissible noise levels specified
herein shall not be exceeded from sources outside such
property.
(12) 'Sound Level Meter" means a device which
measures sound pressure levels and conforms to Type 1
or Type 2 as specified in the American National Stand-
ards Institute Specification S1.4 -1971.
(13) "Watercraft" mcans any contrivance, excluding
aircraft used or capable of being used as a means of
transportation or recreation on water. [Order DE 77 -1,
§ 173- 60 -020, filed 6/1/77; Order 74 -32, § 173 -60-
020, filed 4/22/75, effective 9/1/75.]
WAC 173 -60 -030 Identification of environments.
(I) Except when included within specific prior designa-
tions as provided in subsections (2), (3), and (4) of this
section, the EDNA of any property shall be based on the
following typical uses, taking into consideration the
present, future, and historical usage, as well as the usage
of adjacent and other lands in the vicinity.
(a) Class A EDNA — Lands where human beings re-
side and sleep. Typically, Class A EDNA will be the
following types of property used for human habitation:
(i) Residential
(ii) Multiple family living accommodations
(iii) Recreational and entertainment, (e.g., camps,
parks, camping facilities, and resorts)
(iv) Community service. (e.g., orphanages, homes for
the aged, hospitals, health and correctional facilities)
(b) Class B EDNA — Lands involving uses requiring
protection against noise interference with speech. Typic-
ally, Class B EDNA will be the following types of
property:
(i) Commercial living accommodations
(ii) Commercial dining establishments
(iii) Motor vehicle services
(iv) Retail services
11950 Ed.)
.t
•
Maximum Environmental Noise Levels
(v) Banks and office buildings
(vi) Miscellaneous commercial services, property not
used for human habitation
(vii) Recreation and entertainment, property not used
for human habitation (e.g., theaters, stadiums, fair-
grounds, and amusement parks)
(viii) Community services, property not used for hu-
man habitation (e.g., educational, religious, governmen-
tal. cultural and recreational facilities).
(c) Class C EDNA -- Lands involving economic activ-
ities of such a nature that higher noise levels than expe-
rienced 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. Uses typical of Class A EDNA -are generally
not permitted within such areas. Typically, Class C
EDNA will be the following types of property:
(i) Storage, warehouse, and distribution facilities.
(ii) Industrial property used for the production and
• fabrication of durable and nondurable man -made goods
(iii) Agricultural and silvicultural property used for
the production of crops, wood products, or livestock.
(d) Where there is neither a zoning ordinance in ef-
fect nor an adopted comprehensive plan, the legislative
authority of local government may, by ordinance or res-
olution. designate specifically described EDNAs which
conform to the above use criteria and, upon departmen-
tal approval, EDNAs so designated shall be as set forth
in such local determination.
(e) Where no specific prior designation of EDNAs has
been made, the appropriate EDNA for properties in-
volved in any enforcement activity will be determined by
the investigating official on the basis of the criteria of
(a). (b), and (c) of this subsection.
(2) In areas covered by a local zoning ordinance, the
legislative authority of the local government may, by or-
dinance or resolution designate EDNAs to conform with
the zoning ordinance as follows:
(a) Residential zones - Class A EDNA
(b) Commercial zones - Class B EDNA
(c) Industrial zones - Class C EDNA
Upon approval by the department, EDNAs so desig-
nated shall be as set forth in -such -local determination.
EDNA designations shall be amended as necessary to
conform to zone changes under the zoning ordinance.
(3) In areas not covered by a local zoning ordinance
but within the coverage of an adopted comprehensive
plan the legislative authority of the local government
may, by ordinance or resolution designate EDNAs to
conform with the comprehensive plan as follows:
(a) Residential areas - Class A EDNA
(b) Commercial areas - Class B EDNA
(c) Industrial areas - Class C EDNA
Upon approval by the department EDNAs so desig-
nated shall be as set forth in such local determination.
EDNA designations shall be amended as necessary to
conform to changes in thc comprehensive plan.
(4) The department recognizes that on certain lands,
serenity, tranquillity, or quiet are an essential part of the
quality of the environment and serve an important public
need. Special designation of such lands with appropriate
(1980 Ed.)
173- 60-050
noise level standards by local government may be
adopted subject to approval by the department. The di-
rector may make such special designation pursuant to
the procedures of the Administrative Procedure Act,
chapter 34.04 RCW. [Order 74-32, § 173 - 60-030, filed
4/22/75, effective 9/1/75.]
WAC 173 -60 -040 Maximum permissible environ-
mental noise levels. (1) No person shall cause or permit
noise to intrude into the property of another person
which noise exceeds the maximum permissible noise lev-
els set forth below in this section.
(2) (a) The noise limitations established are as set
forth in the following table after any applicable adjust-
ments provided for herein are applied.
EDNA of EDNA OF
NOISE SOURCE RECEIVING PROPERTY
CLASS A
CLASS B
CLASS C
Class A Class B Class C
55dBA 57dBA
57 60
60 65
60d BA
65
70
(b) Between the hours of 10:00 p.m. and 7:00 a.m. the
noise limitations of the foregoing table shall be reduced
by 10 dBA for receiving property within Class A
EDNAs.
(c) At any hour of the day or night the applicable
noise limitations in (a) and (b) above may be exceeded
for any receiving property by no more than:
(i) 5 dBA for a total of 15 minutes in any one -hour
period; or
(ii) 10 dBA for a total of 5 minutes in any one -hour
period; or
(iii) 15 dBA for a total of 1.5 minutes in any one -
hour period. [Order 74 -32, § 173- 60-040, 'filed
4/22/75, effective 9/1/75.)
WAC 173 -60 -050 Exemptions. (1) The following
shall be exempt from the provisions of WAC 173 -60-
040 between the hours of 7 :00 a.m. and 10:00 p.m.:
(a) Sounds originating from residential property re-
lating to temporary projects for the maintenance or re-
pair of homes, grounds and appurtenances.
(b) Sounds created by the discharge of firearms on
authorized shooting ranges.
(c) Sounds created by blasting.
(d) Sounds created by aircraft engine testing and
maintenance not related to flight operations: Provided.
That aircraft testing and maintenance shall be con-
ducted at remote sites whenever possible.
(e) Sounds created by thc installation or repair of es-
sential utility services.
(2) The following shall be exempt from the provisions
of WAC 173- 60-040(2)(b)•
(a) Noise from electrical substations and existing sta-
tionary equipment used in the conveyance of water by a
utility.
]title 173 1V 1C —p 133J
i'i
i.r'!
173 -60 -050
Title 173 WAC: Ecology, Department of
(b) Noise from existing industrial installations which
exceed 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 from the provisions
of WAC 173-60 -040, 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 sil-
vicultural activity.
(4) The following shall be exempt from all provisions
of WAC 173 - 60-040:
(a) Sounds created by motor vehicles when regulated
by chapter 173 -62 WAC.
(b) Sounds originating from aircraft in flight and
sounds that originate at airports which are directly re-
lated to flight operations.
(c) Sounds created by surface carriers engaged in in-
terstate commerce by railroad.
(d) Sounds created by warning devices not operating
continuously for more than five minutes, or bells,
chimes, and carillons.
(e) Sounds created by safety and protective devices
where noise suppression would defeat the intent of the
device or is not economically feasible.
(f) Sounds created by emergency equipment and work
necessary in the interests of law enforcement or for
health safety or welfare of the community.
(g) Sounds originating from motor vehicle racing
events at existing authorized facilities.
(h) Sounds originating from officially sanctioned pa-
rades and other public events.
(i) Sounds emitted from petroleum refinery boilers
during startup of said boilers: Provided, That the startup
operation is performed during daytime hours whenever
possible.
(j) Sounds created by watercraft.
(k) Sounds created by the discharge of firearms in the
course of hunting.
(1) Sounds caused by natural phenomena and unamp-
lificd human voices.
(m) Sounds created by motor vehicles, licensed or un-
licensed, when operated off public highways EXCEPT
when such sounds are received in Class A EDNAs.
(5) The following shall be exempt from all provisions
of WAC 173 -60 -040 until February I, 1978 or
amended regulations are developed, whichever occurs
sooner:
(a) Sounds originating from natural gas transmission
facilities installed prior to September 1, 1975.
(6) "•Nothing in these exemptions is intended to pre-
clude the department from requiring installation of the
best available noise abatement technology consistent
with economic feasibility. The establishment of any such
lTitle 173 WAC —p 134]
requirement shall be subject to the provisions of the Ad-
ministrative Procedure Act, chapter 34.04 RCW. [Order
DE 77 -1, §. 173- 60 -050, filed 6/1/77; Order 75 -18, §
173- 60-050, filed 8/1/75; Order 74-32, § 173- 60-050,
Cited 4/22/75, effective 9/1/75.]
WAC 173-60 -060 Nuisance regulations not prohib-
ited. Nothing in this chapter or the exemptions provided
herein, shall be construed as preventing local govern-
ment from regulating noise from any source as a nui-
sance. Local resolutions, ordinances, rules or regulations
regulating noise on such a basis shall not be deemed in-
consistent with this chapter by the department. [Order
74-32, § 173- 60 -060, filed 4/22/75, effective 9/1/75.]
WAC 173 -60 -070 Future regulations. It is the in-
tention of the department to establish use standards
and /or performance standards for the following sources
of noise exempted or partially exempted from the re-
quirements of this chapter within two years after ade-
quate legislative funding is made available to conduct
studies providing the necessary data.
(1) Sounds created by aircraft engine testing and
maintenance not related to flight operations, through the
adoption of a new chapter 173 -64 WAC.
(2) Sounds created by construction equipment and
emanating from construction sites, through the adoption
of a new chapter 173 -66 WAC.
(3) Sounds created by motor vehicle racing events,
through the adoption of a new chapter 173-63 WAC.
(4) Sounds created by watercraft, through the adop-
tion of a new chapter 173 -70 WAC.
(5) Sounds created by the operation of equipment or
facilities of surface carriers engaged in commerce by
railroad, to the extent consistent with federal law and
regulations through the adoption of a new chapter 173-
72 WAC. [Order DE 77 -1, § 173 -60 -070, filed 6/1/77;
Order 74-32, § 173 -60 -070, filed 4/22/75, effective
9/1/75.]
WAC 173 -60 -080 Variances and implementation
schedules. (1) Variances may be granted to any person
from any particular requirement of this chapter, if find-
ings are made that immediate compliance with such re-
quirement cannot be achieved because of special
circumstances rendering immediate compliance unrea-
sonable in light of economic or physical factors, en-
roachment [encroachment] upon an existing noise
source, or because of nonavailability of feasible technol-
ogy or control methods. Any such variance or renewal
thereof shall be granted only for the minimum time pe-
riod found to be necessary under the facts and
circumstances.
(2) An implementation schedule for achieving compli-
ance with this chapter shall be incorporated into any
variance issued.
(3) Variances shall be issued only upon application in
writing and aftcr providing such information as may be
requested. No variance shall be issued for a period of
more than 30 days except upon due notice to the public
with opportunity to comment. Public hearings may be
(1980 Ed.)
E
7
Motor Vehicle Noise Performance Standards
held, when substantial public interest is shown, at the
discretion of the issuing agency.
(4) Sources of noise, subject to this chapter, upon
which construction begins after the effective date hereof
shall immediately comply with the requirements of this
chapter, except in extraordinary circumstances where
overriding considerations of public interest dictate the
issuance of a variance. [Order 74-32, •§ 173- 60 -080,
filed 4 /22/75, effective 9/1/75.]
WAC 173 - 60-090 Enforcement policy. Noise meas-
urement for the purposes of enforcing the provisions of
WAC 173 -060-040 shall be measured in dBA with a
sound levet meter with the point of measurement being
at any point within the receiving property. Such en-
forcement shall be undertaken only upon receipt of a
complaint made by a person who resides, owns property,
or is employed in the area affected by the noise com-
plained of, EXCEPT for parks, recreational areas, and
wildlife sanctuaries. For enforcement purposes pursuant
to RCW 70.107.050, each day, defined as the 24 -hour
period beginning at 12 :01 a.m., in which violation of the
Noise Control Regulations (chapter 173-60 WAC) oc-
curs, shall constitute a separate violation. [Order DE
76 -5. § 173- 60-090, filed 2/5/76; Order 74-32, § 173-
60-090, filed 4/22/75, effective 9/1/75.]
WAC 173 -60 -100. Appeals. Any person aggrieved
by any decision of the department in relation to the en-
forcement of the maximum permissible noise levels pro-
vided for herein, the granting or denial of a variance or
the approval or disapproval of a local resolution or ordi-
nance for noise abatement and control may appeal to the
pollution control hearings board pursuant to chapter 43-
.21 B RCW under the procedures of chapter 371 -08
WAC. [Order 74-32, § 173 -60 -100; filed- 4/22/75, ef-
fective 9/1/75.1
WAC 173-60-110 Cooperation with local govern-
ment. (1) The department conceives the function of noise
abatement and control to be primarily the role of local
government and intends actively to encourage local gov-
ernment to adopt measures for- noise abatement and
control. Wherever such measures are made effective and
are being actively enforced, the department does not in-
tend to engage directly in enforcement activities.
(2) No ordinance or resolution of any local govern-
ment which imposes noise control requirements differing
from those adopted by the department shall be effective
unless and until approved by the director. If approval is
denied, the department, within 60 days of submission of
such local ordinance or resolution to the department,
shall deliver its statement or order of denial, designating
in detail the specific provision(s) found to be objection-
able and the precise grounds upon which the denial is
based, and shall submit to the local government, the de-
partment's suggested modification.
(3) The department shall encourage all local govern-
ments enforcing noise ordinances pursuant to this chap-
ter to consider noise criteria and land use planning and
(1980 Ed.)
173-62 -020
zoning. [Order 74-32, § 173 -60 -110, filed 4/22 /75, ef-
fective 9/1/75.]
WAC 173-60 -120 Effective date. This chapter shall
become effective on September 1, 1975. It is the inten-
tion of the department to periodically review the provi-
sions hereof as new information becomes available for
the purpose of making amendments as appropriate. [Or-
der 74-32, § 173 -60 -120, filed 4/22/75, effective
9/1/75.1
Chapter 173 -62 WAC
MOTOR VEHICLE NOISE PERFORMANCE
STANDARDS
WAC
173 - 62-010
173 -62-020
173 -62 -030
173-62-040
173 -62 -050
173 -62 -060
173 -62 -070
Authority and purpose.
Definitions.
Standards.
Exemptions.
Implementation schedules.
Enforcement.
Effective date.
WAC 173 -62 -010 Authority and purpose. (1) Un-
der RCW 70.107.030(5) of the Noise Control Act of
1974 (chapter 183, Laws of 1974), the legislature di-
rected the department of ecology, in exercising rule -
making authority to give first priority to the adoption of
motor vehicle noise performance standards. The purpose
of this chapter is to carry out that Iegislative directive
through the adoption of noise emission standards for new
motor vehicles and noise emission standards for the op-
eration of motor vehicles on public highways.
(2) Local needs. The standards established in this
chapter provide several methods of evaluating motor ve-
hicle noise levels. Nothing in these rules is meant to re-
quire enforcement agencies or local governments to
adopt or use every standard in this chapter to determine
a violation. Specific local needs shall dictate the
standard(s) which may be adopted or used. [Statutory
Authority: Chapter 70.107 RCW. 80- 14-041 (Order
DE 80 -29), § 173 -62 -010, filed 9/30/80; Order DE
74-33, § 173- 62 -010, filed 1/30/75, effective 7/1/75.]
WAC 173 -62 -020 Definitions. As used in this
chapter:
(1) "dBA" means the sound level in decibels mea-
sured using the "A" weighting network on a sound level
meter as specified in the American National Standard
Specification For Sound Level Meters S1.4 -1971. A
decibel is a unit of sound, based on a logarithmic scale,
of the ratio of the magnitude of a particular sound pres-
sure to a standard reference pressure of 20 micropascals;
(2) "Department" means thc department of ecology:
(3) "Director" means director of the department of
ecology;
(4) "Gross vehicle weight rating (GVWR)" means the
value specified by thc manufacturer as the loaded weight
of a single vehicle;
'Title 173 WAC —p 1351