HomeMy WebLinkAbout2214ORDINANCE NO. aajki
AN ORDINANCE of the City of Port Angeles
providing maximum noise levels for
peddlers selling edible foodstuffs, and
amending Section 5.56.050 of the Port
Angeles Municipal Code, and Section 5
of Chapter 14 of Ordinance 2050.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PORT ANGELES:
Section 1. Section 5.56.050 of the Port Angeles
Municipal Code and Section 5 of Chapter 14 of Ordinance 2050
are each amended to read as follows:
Section 5. Peddling - Regulations.
(A) Any person selling edible foodstuffs by means of
peddling shall be subject to the following regulations:
(1) Radio or other sound devices may be used to
attract the attention of the public, provided that the
maximum amount of noise from such radio or other sound
device shall be as provided by Chapter 173 -60 WAC, as now
existing or hereafter amended, which regulations are hereby
adopted by this reference.
(2) A receptable of adequate size shall be
provided on or about the premises where said unit is located
for the deposit of refuse and waste.
(3) Any person operating a mobile unit for
purposes of vending foodstuffs shall be required to move
said unit every thirty minutes.
(4) Any mobile unit established for the purpose
of peddling foodstuffs which does not comply with the
provisions of this section of this ordinance shall be deemed
a restaurant, and subject to the rules and regulations
governing restaurants.
(B) Any person selling goods other than foodstuffs by
means of peddling shall be subject to the following
regulations:
(1) Any vehicle carrying goods for sale by
peddling shall not be allowed to remain more than ten (10)
minutes in any one place.
(2) Any such vehicle shall be immediately moved
from the front or rear of a place of business or property
where the owner or occupant of such place of business or
property has requested the vehicle be moved.
Section 2. This Ordinance shall take effect as
provided by law.
PASSED by the City Council of the City of Port
Angeles at a regular meeting of said Council held on the 1st
day of June, 1982.
ATTEST: M A 0 R
•
Marian C. Parrish, City Clerk
APPROVED AS TO FORM:
Craig Miller, City Attorney
BLISHED:
•
ivnt
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
5assby. 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. Alt 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 1 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 3/22/791
Chapter 173-60 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.
identification 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- 60-0I0, filed 4/22/75, effective 9/1/751
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 Ievet, 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.
[Title 173 WAC—p 132]
(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.
(11) "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" means 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.
(1) 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
(1980 Ed.)
1
1
a
A
1
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 sub section.
(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 13 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 the 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 9/1/75.1 .
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 9/1/751
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 die 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) Noisc from electrical substations and existing sta-
tionary equipment used in the conveyance of water by a
utility.
Ride 173 1V AC —p 1331
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-
lified 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 1, 1978 or
amended regulations are developed, whichever occurs
sooner:
(a) Sounds originating from natural gas transmission
facilities installed prior to September I, 1975.
(6r.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
]Tide 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,
filed 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 anew 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 Iight 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 chaptcr shall be incorporated into any
variance issued.
(3) Variances shall be issued only upon application in
writing and after 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.)
Motor Vehicle Noise Performance Standards
u hen substantial public interest is shown, at the
ton of the issuing agency.
.4! Sources of noise, subject to this chapter, upon
,:onstruction begins after the effective date hereof
, :;,ntcdiatcly comply with the requirements of this
except in extraordinary circumstances where
considerations of public interest dictate the
A,_rcc of a variance: [Order 74 -32, § 173 -60 -080,
: '2/75. effective 9/1/75.]
■C 173 -60 -090 Enforcement policy. Noise meas-
.rTent for the purposes of enforcing the provisions of
• tr_' 173 -060 -040 shall be measured in dBA with a
level meter with the point of measurement being
:: 27., point within the receiving property. Such en-
• .,--nent shall he undertaken only upon receipt of a
. ,.Y-:; /aunt made by a person who resides, owns property,
cr :3 catployed in the arca affected by the noise com-
- p.s:°ni of, EXCEPT for parks, recreational areas, and
o,'z tfc sanctuaries. For enforcement purposes pursuant
R• . \t' 70.107.050, each day, defined as the 24 -hour
beginning at 12:01 a.m., in which violation of the
` - c Control Regulations (chapter 173-60 WAC) oc-
„•.. -ti. shall constitute a separate violation. [Order DE
(. ; 173 -60 -090, filed 2/5/76; Order 74-32, § 173- -
-.;
41.)0, filed 4/22/75, effective 9/1/75.]
1C 173 -60 -100 Appeals. Any person aggrieved
1-t decision of the department in relation to the en-
'.cment of the maximum permissible noise levels pro-
=:v for herein, the granting or denial of a variance or
.p ; ruval or disapproval of a local resolution or ordi-
= -cc for noise abatement and control may appeal to the
;,;]:::ion control hearings board pursuant to chapter 43-
: ::1 RCW under the procedures of chapter 371 -08
tt: (Order 74 -32, § 173 -60 -100, filed 4/22/75, ef-
1 9/1/75.]
t1 tC 173 -60 -110 Cooperation with local govern -
=arnt. r 11 The department conceives thc'function of noise
' :cricnt and control to be primarily the role of local
fc•.crnment and intends actively to encourage local gov-
t'-Tcnt to adopt measures for noise abatement and
2�.arol. Wherever such measures are -made effective and
t'e bring actively enforced, the department does not in-
'c-t1 to engage directly in enforcement activities.
`21 No ordinance or resolution of any local govern-
"'=t s hich imposes noise control requirements differing
horn those adopted by the department shall be effective
= s and until approved by the director. 1f approval is
= c-,ed. the department, within 60 days of submission of
local ordinance or resolution to the department,
deliver its statement or order of denial, designating
detail the specific provision(s) found to be objection-
lb %.: and the precise grounds upon which the denial is
and shall submit to the local government, the de-
-tmcnt's suggested modification.
t'1 The department shall encourage all local govern -
•rnts enforcing noise ordinances pursuant to this chap-
'`" to consider noise criteria and land use planning and
.�.,Edt
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
9/1/751
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 legislative 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) "d8A" 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 the department of ecology;
(3) "Director" means director of the department of
ecology;
(4) "Gross vehicle weight rating (GVWR)" means the
value specified by the manufacturer as the loaded weight
of a single vehicle;
(Title 173 WAC —p 1351