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HomeMy WebLinkAboutOrdinance 04-077-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington RESOLUTION NO. 04- C -M -CC ORDINANCE NO. 04- -CC A RESOLUTION / ORDINANCE REPEALING RESOLUTION / ORDINANCE NUMBER 04 -022 -CC REGULATING NOISE DISTURBANCES, CURRENTLY CODIFIED IN THE GRANT COUNTY CODE AS CHAPTER 6.24 GCC, ENACTING NEW TEXT FOR CHAPTER 6.24 GCC REGULATING NOISE DISTURBANCES AND, OTHER MATTERS PROPERLY RELATING THERETO. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, STATE OF WASHINGTON, THAT THE CURRENT TEXT OF CHAPTER 6.24 GCC BE REPEALED 1N ITS ENTIRETY AND, THAT PURSUANT TO THIS RESOLUTION / ORDINANCE, NEW TEXT IS HEREBY ENACTED FOR CHAPTER 6.24 GCC. SECTION 1: Grant County Resolution/Ordinance No. 04 -022 -CC, adopted on February 18, 2004, providing the current text for chapter 6.24 GCC, is hereby repealed in its entirety and, reenacted to read as set forth below. SECTION 2: The Board of County Commis�ioncrs does hereby adopt new text for chapter 6.24 GCC, as follows: Sections: 6.24.010 Purpose 6.24.020 Definitions 6.24.030 Enforcement 6.24.040 Noise Disturbances Prohibited 6.24.050 Exemptions 6.24.060 Notice - Failure To Sign, Nonappearance/Failure To Satisfy 6.24.070 Violation Penalties 6.24.080 Chapter Supplementary 6.24.090 Construction - Severability Page 1 of 7 6.24.10 PURPOSE The legislative authority of the county finds that inadequately controlled noise adversely affects the health, safety and welfare of the people, the value of property and the quality of the environment. The purpose of this chapter is to provide authority for the abatement and the control of noise, considering the social and economic �mpact upon the community and the State. 6.24.20 DEFINITIONS For purposes of this chapter, the following terms shall have the designated meaning unless a different meaning is expressly provided: "Motor Vehicle Noise Disturbances" means the following sounds or noises which are in violation of this chapter: The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of Manger or as specifically permitted or required by law. 2. The operation of a motor vehicle upon a public highway which is not equipped with a muffler in good working order and in constant operation. 3. The squealing or screeching or other such sounds from motor vehicle tires in contact with the ground or other roadway surface because of rapid acceleration, braking, or excessive speed around corners or because of such other reason, provided that sounds which result from actions which are necessary to avoid danger shall be exempt from this section. 4. The operation, use, or possession of a motor vehicle audio equipment or sound systems, such as but not limited to, a radio, a tape player or a compact disc player, which is operated at such a volume so .is to be audible at a distance of seventy- five feet (75') from the source of the is und. 5. Frequent, repetitive or continuous noise• in connection with the starting, operation, repair, rebuilding, or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine, �n any residential zone, so as to unreasonably disturb or interfere with the peace, comfort, and repose of owners or possessors of real property or, users of public property. "Noise" means the intensity, duration and character c� sounds from any and all sources. "Person" means any individual, corporation, partnership, association or other entity whatsoever. "Public Noise Disturbances" means the following sounds or noises which are in violation of this chapter: Page 2 of 7 Keeping or harboring any animal, including without limitation, dogs, whose frequent or repetitive noisemaking unreasonably interferes with the peace and comfort of persons in residential districts. This chapter shall not apply to commercial kennels, animal shelters, veterinary hospitals, pet shops, grooming parlors, commercial dog breeders, or ar,y similar business. 2. Security alarm which goes off for more than thirty (30) minutes, which unreasonably disturbs the peace and comfort of any person and can be heard off the property on which the security alarm is located. 3. Frequent, repetitive or continuous sounds which emanate from, or are created in, a residential area, which unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property or, users of public property, including without limitation: sounds from musical instruments, televisions, audio sound systems, radios, band sessions or social gatherings. 4. Any other sound occurring frequently. repetitively, or continuously, which annoy or disturb the peace, comfort or repose of a reasonable person of normal sensitivity. This chapter shall not apple to noncommercial public speaking and public assembly activities, conducted on any public space or public right-of-way for which a permit has been obtained, f required. All other words or phrases used herein will have their commonly accepted meanings. 6.24.030 ENFORCEMENT The Grant County Sheriff and any duly appointed Deputy Sheriff and, Washington State law enforcement agencies, shall have the authority to eni'orce all provisions of this chapter. 6.24.040 NOISE DISTURBANCES PROHIBITED It is unlawful for any person, or groups of persons, to make, continue to cause to be made, or to allow to originate from real property in the possession or control of said person or groups of persons, or to allow to originate from otherwise lawfully utilized public property by said person or groups of persons, any sound or noise which creates a Public Noise Disturbance, or a Motor Vehicle Noise Disturbance, within the unincorporated areas of Grant County. 6.24.050 EXEMPTIONS 1. The following noises shall be exempt from the provisions of this chapter at all hours: a. Sounds created by motor vehicles when regulated by chapter 173-62 WAC; Page 3 of 7 b. Sounds originating from aircraft in flight and sounds that originate at airports, airstrips or airfields, which are directly related to flight operations; C. Sounds created by float planes and helicopters; d. Sounds created by surface carriers engaged in commerce or passenger travel, including railroads; e. Sounds created by warning devices not operating continuously for more than five (5) minutes, or bells, chimes or carillons; f. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible, such as relief valves; g. Sounds created by emergency equipment and work necessary in the interest of law enforcement or f >r the health, safety or welfare of the community; h. Sounds originating from motor vehicle racing events at authorized facilities; i. Sounds originating from officia IN sanctioned parades and other public events; j. Sounds emitting from petroleum refinery boilers during start-up of said boilers; provided that the start-up operation is performed during daytime hours whenever possible; k. Noise created by sources in industrial districts which over the previous three years have consistently operated in excess of twelve (12) hours per day as a demonstrated routine or as a consequence of process necessity; 1. Sounds created by stationary eq uipment used in the conveyance of water by utilities and noise created by electrical substations; M. Sounds created by watercraft, except to the extent that they are regulated by other county ordinances or, `tate or Federal rules, regulations or statutes; n. Sounds created by the discharge of firearms in the course of lawful hunting. o. Sounds created by motor vehicles licensed or unlicensed when operated off public highways, except when such sounds are made in or adjacent to residential property where hu nan beings reside or sleep; P. Sounds originating from existing natural gas transmission and distribution facilities; q. Sounds created in conjunction with public work projects or public work maintenance operations executed at the cost of Federal, State or local governments; r. Sounds created in conjunction with emergency public works projects or emergency public work maintenance. S. Sounds created in conjunction with the collection of solid wastes; t. Sounds created in conjunction with military operations or training; U. Sounds originating from organs ped activities occurring in public parks, playgrounds, gymnasiums, swimming pools and other pubic recreational facilities during hours of operas on, Page 4of7 V. Sounds originating from community events such as baseball games, basketball games, soccer games. and other public scheduled events. W. Sounds created from the explosion of lawful fireworks, discharged in accordance with all applicable laws. X. Sounds originating from agricultural activities. y. Sounds created by the installation or repair of essential utility services; and Z. Sounds created by generators during periods when there is no electrical service available from the primiiry supplier due to natural disaster or power outage. 2. The following noises shall be exempt f, om this chapter from 7:00 AM — 10:00 PM: a. Sounds created by aircraft engine testing and maintenance not related to flight operations; b. Sounds created by the discharge of firearms on authorized shooting ranges and casual target practice; and C. Sounds created by blasting; 3. The following noises shall be exempt from 7:00 AM —10:00 PM, or when conducted beyond one thousand feet (1000') of any residence where human beings reside and/or sleep, at any horn a. Sounds emanating from temporary construction sites; b. Sounds originating from forest harvesting; and agricultural activity; C. Sounds originating from the quarrying, blasting and mining of minerals or materials, including but not limited to, sand, gravel, rock and clay, as well as the primary reduction and processing of minerals or materials for concrete batching, asphalt mixing and rock crushers; d. Noise created by powered equipment used in or periodic maintenance or repair of resident property including but not limited to grounds and appurtenances, such as but not limited to lawn movers, powered hand tools, and composters. e. Sounds originating from uses on properties which have been specifically conditioned to meet certain none standards by an appropriate Grant County hearing body or other t-ibunal with jurisdiction; and f. Sounds created by the installation of non-essential utility services. 6.24.060 NOTICE, FAILURE TO SIGN. NONAPPEARANCE -FAILURE TO SATISFY: Any person who fails to sign a criminal ticket is guilty of a misdemeanor. 2. Any person willfully violating his or her written and signed promise to appear in court, or his or her written and signed oromise to respond, is guilty of a Page 5 of 7 misdemeanor regardless of the disposition of the offense. A written promise to appear in court may be complied with by an appearance by counsel. 3. A person who willfully fails to pay a monetary penalty, serve jail, or to perform community service as required by a court under this chapter may be found in contempt of court as provided in chaptc-- 1 RCW. 6.24.070 VIOLATIONS Separate Offenses. For enforcement purposes, each day defined as a twenty (24) - hour period beginning at 12:01 am in which a violation of this chapter occurs, shall constitute a separate violation. 2. First Offense. The performance of any act prohibited by this chapter is designated as a civil infraction. The violator shall he subject to a penalty of $150.00. Second Offense. Any person violating any provisions of this chapter who was previously found to have violated this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the Grant County Jail for a period not to exceed ninety (90) days, or by a fine not to exceed One Thousand And No/ 100 Dollars ($1,001, 00). or by both such imprisonment and fine. 6.24.080 CHAPTER SUPPLEMENTARY The provisions of this chapter shall be cumulative, nonexclusive, and supplementary, and shall not effect any other remedy, including without limitation, the provisions of chapter 70.107 RCW. 6.24.090 CONSTRUCTION - SEVERABILITY This chapter shall be liberally construed to carry out its broad purposes. 2. If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the chapter and the applicability thereof to other persons and circumstances shall not be affected ihorebv. SECTION 3: EFFECTIVE DATE. This resolution/ordinance, repealing the existing text for chapter 6.24 GCC, shall be effective when signed, and, reenacting a new text for chapter ().-'4 GCC, shall be effective when signed. A public hearing was held on the above resolution/ordinance at 10 o'clock a.m., on the 25th day of May, 2004, Page 6 of 7 DATED this _;5i�day of May, 2004. BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANT COUNTY, WASHINGTON I ❑ ❑v - LeRoy (�'. Allison, air n kq FT❑ ❑ - 1_ L r_ tiAti - Tim Snedd, Member ATTEST: f�ri S Clerk of the Board ❑ ❑ ❑ ( �c( Deborah Kav Moore, Member Page 7 of 7 Memo JTY -IE COUNTY COMMISSIONERS To: Frank DeTrolio, Sheriff Stephen J. Hallstrom, Chief Deputy Prosecuting Attorney Lyliane Sheetz, Civil Deputy Prosecuting Attorney From: Orvel Admi is r Assistant/Clerk of the Board Date: May 26, 2004 Re: Noise Ordinance Attached you will find a copy of Resolution / Ordinance 04 -077 -CC, a Resolution / Ordinance Repealing Resolution / Ordinance Number 04-022-CCRegulating Noise Disturbances, Currently Codified in the Grant County Code as Chapter 6.24 GCC, Enacting New Text for Chapter 6.24 GCC Regulating Noise Disturbances and, other matters properly relating thereto, which was signed by the Board of County Commissioners May 2 5, 2004. Feel free to contact this office if you have any questions. Enclosure "PROVIDING THE PUBLIC SAFE, RELIABLE, RESOURCE EFFECTIVE .-01211 GOVERNMENT SERVICES WITH INTEGRITY."