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HomeMy WebLinkAbout2195ORDINANCE NO. ,,2/95 AN ORDINANCE of the City of Port Angeles adopting by reference Washington Administrative Code 173 -62 as now existing, and all future amendments, additions, and new sections, adding a new section to Title 10 of the Port Angeles Municipal Code and repealing Ordinance No. 1667. WHEREAS, inadequately controlled noise adversely affects the health, safety and welfare of the people, the value of property, and the quality of the environment within the City of Port Angeles; and WHEREAS, anti -noise measures of the past have not adequately protected against the invasion of these interests by noise; and WHEREAS, motor vehicles are a substantial cause of such noise and have been known to disturb the peace and quiet of neighborhoods and neighbors; and WHEREAS, adoption of the following regulations will help deter excessive motor vehicle noise and is consistent with the Noise Control Act of 1974, RCW 70.10.760(4); now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES, as follows: Section 1. There is hereby added to Title 10 of the Port Angeles Municipal Code, a new section to be placed in Chapter10.12, entitled the Maximum Motor Vehicle Noise Level Code, as follows: 10.12.010 Adoption: Chapter 173 -62 WAC, Motor Vehicle Noise Performance Standards, as now existing and all future amendments, additions, and new sections, are hereby adopted by reference as the Maximum Motor Vehicle Noise Level Code of the City of Port Angeles, as provided in RCW 35A.13.180 and RCW 35A.12.140. Section 2. If any provisions of this ordinance, or any provision of any code or regulation adopted by reference by this ordinance, or their application to any person or circumstance is held invalid, the remainder of this ordinance, or application of the provision to other persons or circumstances is not affected, and to this end the provisions of this ordinance are declared to be severable. Section 3. Ordinance 1667 is hereby repealed. Section 4. This ordinance shall take effect five (5) days after publication. PASSED by the City Council of the City of Port Angeles at a regular meeting the Council held on the jq61t- day of , (J A ATTEST: ecAl • Marian C.1Parrish, City Clerk APPROVED AS TO FORM: Craig . Miller, City Attorney PU ISHED: January 26, 1982 • f is shown, at the zoning. [Order 74-32, § 173 -60 -110, filed 4/22 /75, ef- fective 9/1/75.] tantial public inter issuing agency. of noise, subject to this chapter, upon on begins after the effective date hereof lv comply with the requirements of this in extraordinary ublic circumstances inte interest dictate where iariance. O public § 173 -60 -080, variance. [Order 74 -32, effective 9/1/75.1 IliEnforcement policy. Noise meas- pui oses of enforcing the provisions of t -040 shall be measured in dBA with a ter with the point of measurement being within the receiving property. Such en- 11 be undertaken only upon receipt of a Fy .e by a person who resides, owns property, in the area affected by the noise com- + CEPT for parks, recreational areas, and arics. For enforcement purposes pursuant 07.050, each day, defined as the 24 -hour ing at 12:01 a.m., in which violation of the Regulations (chapter 173 -60 WAC) oc- institute a separate violation. [Order DE '•0 -090, filed 2/5/76; Order 74-32, § 173 - a122/75, effective 9/1/75.] 60 -100 Appeals. Any person aggrieved on of the department in relation to the en-. the maximum permissible noise levels pro- em. the granting or denial of a variance or or disapproval of a local resolution or to di- c abatement and control may appeal the .trot hearings board pursuant to chapter 43- under the procedures of chapter 371 -08 cr 74 -32. § 173 -60 -100, filed 4/22/75, ef- Motor Vehicle Noise Performance Standards 173 -62 --020 interest r.: IF `s. 11.1 3-60 -110 Cooperation with local govern - c department conceives the function of noise nd control to be primarily the role of local and intends actively to encourage local gov- adopt measures for noise abatement and rever such measures are made effective and tieely enforced, the department does not in- ge directly in enforcement activities. rdinance or resolution of any local govern - imposes noise control requirements differing adopted by the department shall be effective until approved by the director. If approval is department, within 60 days of submission of - ordinance or resolution to the department, its statement or order of denial, designating specific provision(s) found to be objection - h cise grounds upon which the denial is submit to the local government, the de- suggested modification. department shall encourage all local govern - arcing noise ordinances pursuant to this chap- • ider noise criteria and land use planning and 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.] 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 r 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 7/1/75.1 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 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 VAC- -p 1351 I!' •1J. 1 s . • , . +, ,, wA, .•t. 173-62 -020 Title 173 WAC: Ecology, Department of (5) "In -use" motor vehicle is any motor vehicle which is used on a public highway, except farm vehicles as de- fined under RCW 46.04.181; (6) "Motor vehicle" means any vehicle which is self - propelled, used primarily for transporting persons or property upon public highways and required to be li- censed under RCW 46.16.010 (aircraft, water craft and vehicles used exclusively on stationary rails or tracks are not motor vehicles as that term is used herein); (7) "Motorcycle" means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, except farm tractors; (8) "Muffler" means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion en- gine and effective in reducing noise to comply with the standards of this chapter; (9) "New motor vehicle" means a motor vehicle man- ufactured after December 31, 1975, whose equitable or legal title has never been transferred to a person who, in good faith, purchases the new motor vehicle for purposes other than resale; (10) "Off - highway vehicle" means any self - propelled vehicle not used primarily for transporting persons or property upon public highways nor required to be li- censed under RCW 46.16.010; (11) "Person' means any individual, corporation, partnership, association, governmental body, state agency or other entity whatsoever; (12) "Public highway" means -the entire width be- tween the boundary lines of every way publicly main- tained by the department of highways or any county or Vehicle Category (type) b.� - .✓_. city when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right; (13) "Sound level" means a weighted sound pressure level measured by use of a sound level meter using thc "A" weighting network and reported as dBA. [Statutory Authority: Chapter 70.107 RCW. 80 -14 -041 (Order DE 80 -29), § 173- 62 -020, filed 9/30/80; Order DE 75 -17, § 173 -62 -020, filed 8/11/75; Order DE 74-33, § 173 -62- -020, filed 1/30/75, effective 7/1/75.) WAC 173 -62 -030 Standards. (l) No person shall operate any motor vehicle or any combination of such vehicles upon any public highway under any conditions of grade, Ioad, acceleration or deceleration in such a manner as to exceed the maximum permissible sound levels for the category of vehicle in Table 1, as measured at a distance of 50 feet (15.2 Meters) from the center of the lane of travel within the speed limits specified, under procedures established by the state commission on equipment in chapter 204 -56 WAC, "Procedures for Measuring Motor Vehicle Sound Levels ". Effective Date Table 1 1N -USE MOTOR VEHICLE NOISE PERFORMANCE STANDARDS Measured © 50 Feet (15.2 Meters) Maximum Sound Level, dBA Speed Zones 45 mph over (72 kph) 45 mph or Tess (72 kph) Stationary Test Motorcycles July I, 1980 Automobiles, light trucks and all other motor vehicles 10,000 pounds (4536 kg) GVWR or less July I, 1980 AlI motor vehicles over 10,000 pounds (4536 kg) GVWR June 1, 1977 1986 and after (2) Every motor vehicle operated upon the public highways shall at all times be equipped with an exhaust system and a muffler in good working order and con- stant operation to prevent excessive or unusual noise. (3) No person shall operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such noise from the tires in contact with the ground because of rapid acceleration or exces- sive speed around corners or other such reason, except [Title 173 WAC —p 1361 78 72 35 mph (56 kph) or Icss 86 Reserved 82 78 Over 35 mph (56 kph) 90 Reserved N/A N/A 86 Reserved that noise resulting from emergency braking to avoid imminent danger shall be exempt from this provision. (4) No person shall operate any motor vehicle upon any public highway if the vehicle exhaust system exceeds the maximum permissible sound levels of Table 11 for thc category and year of vehicle, as measured at a dis- tance of' twenty inches (0.5 meter) from the exhaust outlet under procedures established by the state com- mission on equipment in chapter 204 -56 WAC. "Proce- dures for Measuring Motor Vehicle Sound Levels." (1980 Ed.) f 1 Of 9 Motor Vehicle Noise Performance Standards (5) No person shall sell or offer for sale a NEW MOTOR VEHICLE except an off-highway vehicle, N%hich produces a maximum noise exceeding the noise levels in Table 111 at a distance of 50 feet (15.2 meters) 173 - 62.050 under acceleration test procedures established by the state commission on equipment in chapter 204 -56 WAC, "Procedures for Measuring Motor Vehicle Sound Levels." Table 1I IN USE MOTOR VEHICLE EXHAUST SYSTEM NOISE PERFORMANCE STANDARDS MEASURED 20 INCHES (0.5 METER) Vehicle Category (type) Motorcycles Automobiles, light trucks and all other motor vehicles 10,000 pounds (4536 kg) GVWR or less Model Year before 1986 1986 and after before 1986 1986 and after Maximum Sound Level, dBA Table III MAXIMUM SOUND LEVELS FOR NEW MOTOR VEHICLES Measured p 50 Feet (15.2 Meters) 99 (reserved) 95 (reserved) Vehicle Category (type) Date of Manufacture Maximum Sound Level, dBA Any motor vehicle over 10,000 pounds (4536 kg) GVWR excluding buses All buses over 10,000 pounds (4536 kg) GVWR Motorcycles Automobiles, Tight trucks and all other motor vehicles I0,000 pounds (4536 kg) GVWR or less before January 1, 1978 after January 1, 1978 after January 1, 1982 after January 1, 1980 after January I, 1983 after January 1, 1986 after January 1, 1976 after January I, 1986 after January 1, 1976 86 83 • 80 85 83 80 83 80 80 [Statutory Authority: Chapter 70.107 RCW. 80-14-041 (Order DE 80-29), § 173 -62 -030, filed 9/30/80; Order DE 77 -2, §,173 -62 -030, filed 6/1/77; Order DE 75 -17, § 173 -62 -030, filed 8/11/75; Order DE 74 -33, § 173- 62 -030, filed 1/30/75, effective 7/1/751 WAC 173 -62 -040 Exemptions. The provisions of this chapter shall not apply to noise caused by auxiliary equipment on motor vehicles used for highway mainte- nance, nor to noise caused in the performance of emer- gency work for the immediate safety, health or welfare of the community or of individuals of the community, or to restore property to a safe condition following a public calamity. [Order DE 75 -17, § 173 -62 -040, filed 8/11/75; Order DE 74 -33, § 173 -62 -040, filed 1/30/75, effective 7/1/751 WAC 173 -62 -050 Implementation schedules. (1) • Conditions of Issuance. The department may approve and issue to any person, an implementation schedule for (1980 Ed.) meeting any particular requirement of this chapter, if it finds that immediate compliance with such requirement cannot be achieved because of conditions beyond the control of such person or because of special circum- stances rendering immediate compliance unreasonable in light of economic or physical factors or because of the nonavailability of feasible technology or control methods. (2) Requesting Procedure. Implementation schedules shall be issued only upon application in writing to the department. Such application shall state in a concise manner the facts to show cause why such schedule should be approved. Any aggrieved person may appeal ITitle 173 VAC —p 1371 173 -62 -050 Title 173 WAC: Ecology, Department of the department's decision on an application to the Pollu- tion Control Hearings Board pursuant to chapter 43.21 B RCW. [Order DE 74 -33, § 173 -62 -050, filed 1/30/75, effective 7/1/75.1 WAC 173 -62 -060 Enforcement. (1) Measurements shall be made with a sound level meter meeting Type 1, S1A, 2 or S2A requirements as specified in the Ameri- can National Standards Specifications For Sound Level Meters S 1.4-1971 as required under measurement pro- cedures established in chapter 204-56 WAC, "Proce- dures for Measuring Motor Vehicle Sound Levels." (2) Violation of any in -use motor vehicle noise stand- ard set forth in this chapter shall be a traffic infraction, enforced by such authorities and in such manner as vio- lations of chapter 46.37 RCW. (3) Law enforcement personnel selected to measure vehicle sound levels shall have received training in the techniques of sound measurement and the operation of sound measuring instruments. (4) Any enforcement officer who by use of the initial inspection procedures of chapter 204 -56 WAC suspects that a motor vehicle may be in violation of the standards of this chapter may require the operator to have the ve- hicle presented for sound Level measurement. Measure- ments of a motor vehicle may be performed at off-road sites to determine compliance with the in -use standards. (5) Any operator who fails to comply with the direc- tive to present the vehicle to a sound level measurement test shall be in violation of this chapter. (6) Any seller, importer, or manufacturer who sells or offers for sale a motor vehicle which violates the stand- ards in WAC 173 -62 -030 shall be subject to a civil . penalty not to exceed one hundred dollars as established in RCW 70.107.050. Every motor vehicle sold or offered for sale shall constitute a separate violation. [Statutory Authority: Chapter 70.107 RCW. 80 -14 -041 (Order DE 80-29), § 173-62-060, Fled 9/30/80; Order DE 74 -33, § 173- 62 -060, filed 1/30/75, effective 7/1/75.] WAC 173 -62 -070 Effective date. This chapter shall become effective July 1, 1975. [Order DE 74 -33, § 173- 62 -070, filed 1/30/75, effective 7/1/75.] Chapter 173 -70 WAC WATERCRAFT NOISE PERFORMANCE STANDARDS WAC 173 -70 -010 173 -70 -020 173 - 70-030 173 -70 -040 173 - 70-050 173 -70 -060 173 -70 -070 173 -70 -080 173 -70 -090 173 - 70-100 173 -70 -110 173 - 70-120 Introduction. Definitions. Identification of receiving property environments. Standards. Exemptions. - Nuisance regulations not prohibited. Future standards. Implementation schedules. Enforcement. Appeals. Cooperation with local government. Effective date. (Title 173 WAC —p 1381 WAC 173 -70 -010 Introduction. (1) Authority and purpose. These rules are adopted pursuant to chapter 70.107 RCW, the Noise Control Act of 1974, in order to establish noise performance standards for watercraft operating on all waters of Washington state. (2) Local needs. The standards established in this chapter assume a general view toward providing as many methods of watercraft noise measurement as possible. Nothing in these regulations is meant to require a local government to adopt every standard in this chapter. Specific local needs shall dictate the specific standards which the local government shall adopt. [Statutory Au- thority: Chapter 70.107 RCW. 79 -04 -034 (Order DE 78 -20), § 173 -70 -010, filed 3/22/79, effective 5/1/79.] WAC 173- 70-020 Definitions. As used in this chapter, unless the context clearly indicates otherwise: (1) "dB(A)" means the sound pressure level in deci- bels measured using the "A" weighting network on a sound level meter. The sound pressure level, 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. (2) "Department" means the department of ecology. (3) "Director" means the director of the department of ecology. (4) "EDNA" means the environmental designation for noise abatement, being an area or zone (environment) within which maximum permissible noise levels are established. (5) "Local government" means county or city govern- ment or any combination of the two. (6) "Muffler" means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an engine, or for the purpose of introducing water to the flow of the exhaust gas, and which is effective in reducing noise from the engine exhaust. (7) "Noise" means the intensity, duration, and char- acter of sounds, from any and all sources. (8) "Operator" means any person who is in actual physical or electronic control of a powered watercraft. (9) "Person" means any individual, corporation, part- nership, association, governmental body, state agency, or other entity whatsoever. (10) "Property boundary" means the surveyed line at ground surface which separates the real property owned, rented, or leased by one or more persons, from that owned, rented, or leased by one or more other persons, and its vertical extension. . (11) "Receiving property" means real property within which the maximum permissible noise levels specified in this chapter shall not be exceeded from sources outside such property. (12) "Sound level meter" means a device which mea- sures sound pressure levels and conforms to Type 1, Type 2, or Type 3 as specified in the American National Standards Institute Specification S1.4 -1971. (13) "Shoreline" means the existing intersection of water with the ground surface or with any permanent, shore connected facility. (1980 UA.) '21O1VN1J1210 1N3IdID36 01 S31d0D M0113A ONV 31IHM ON3S m m z AaVSS3D3N Sf A1d2d V 31 AdOD M0113A N8111321 z Q C 55 "."3 m m r MEMO: December 31, 1981 TO: Dave Flodstrom and Council Members FROM: Mike Cleland, Chief of Police RE: Updated Noise Control Ordinance The attached ordinance is an update and modernization of our current, but outdated, noise ordinance. By adopting the Washington State noise performance standards we take a much needed step towards the utilization of a standard criterion for the enforcement of noise related regulations.