HomeMy WebLinkAbout2954ORDINANCE NO. '
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AN ORDINANCE of the City of Kent,
Washington, relating to noise control; amending
the Noise Control Code (Ordinance 2113) by
/ adding new sections prohibiting loud and
lll��\tp raucous noise from portable or motor vehicle
audio equipment, authorizing the enforcement of
certain sections of the Code by the Chief of
Police, providing for civil penalties for
certain violations and repealing Ordinance 2673
on the same subject.
WHEREAS, excessive noise is a form of pollution which has'
direct and harmful effects upon the health and welfare of persons'
exposed to such sound, lowers the value of impacted properties and
generally adversely affects the livability, peace and comfort of
the impacted neighborhoods and the City as a whole; and
WHEREAS, due primarily to the sound characteristics and
manner of use, excessive noise from portable and motor vehicle
audio equipment such as tape players, radios and compact disc
players is a particularly disruptive form of noise pollution
involving said harmful effects and impacts upon persons, property,
neighborhoods and, when occurring in or near vehicular traffic,
such noise presents a danger to traffic safety; and
WHEREAS, excessive noise from said audio equipment
occurring within the City's park system has a harmful impact upon
the use and enjoyment of park areas by other park users, has the
effect of discouraging many from utilizing certain park areas and
has caused said noise pollution harmful effects upon adjacent
private properties, persons and neighborhoods; and
WHEREAS, noise from said audio equipment which can be
clearly heard seventy-five (75) feet or more from the source of
the sound is in excess of the maximum permissible sound levels
allowed to be generated or received in either residential or
commercial areas of the City, creating noise pollution within such
areas; and, when occurring in or near vehicular traffic, presents
a danger to traffic safety; and
WHEREAS, technology has allowed the proliferation of
commercially accessible types of audio equipment, both portable
and installed in motor vehicles, which can be amplified so as to
produce excessive noise which can be clearly heard seventy-five
(75) feet or more from the source of the sound; and
WHEREAS, the current noise control code provisions are
ineffective to control the problem of excessive noise from audio
equipment because they require actual noise meter measurement of
sound, and enforcement by Building Department personnel in all
instances, rather than by police officers who can immediately
respond to reports of public disturbance noise complaints; and
WHEREAS, the City Council finds that excessive noise
being generated from such equipment is a public nuisance and
constitutes a public disturbance noise; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 1.2 of Ordinance 2113 is hereby
amended as follows:
9.20.08 SCOPE. This Ordinance shall apply to the
control of all sound originating from
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((statienarp)) sources located within the limits of the City
of Kent.
Section 2. Section 1.3 of Ordinance 2113 is hereby
amended as follows:
9.20.12. DEFINITIONS.
A. ((uAx►bient))Backaround sound level" means the
((baekgreund)) level of all sounds in a given environment,
independent of the specific source being measured.
B. "dBA" means the sound pressure level in decibels
measured using the "A" weighting network on a sound level meter.
((as-spee�f�ed-gin-the-Amer�ean-Nat�ana}-Standards-�nst�tttte
spee�f�eat}en9-S-i-3-�9�}-der-se�tnd-}e*ae}-xteters-) )
C. "EDNA" means the environmental designation for noise;
abatement, being an area or zone (environment) within which
maximum permissible noise levels are established.
D. "Emergency machinery and work" means machinery and
work necessary to restore property to a safe condition following
public calamity, or machinery and work required to protect persons;
or property from an imminent exposure to danger.
E. "Impuls ((ive)) a sound" means ( (a-eet�nd-ef-chert
dttrat�en-t�st�e}}y-}esa-than-ane-second,--With-an-abrr�pt-onset-and
rapid-deem*---Exaxtp}es-ef-9ettreea-of-�mpt2}ave-aet�nd-ane}tide
exp}es�en'---drop-force-iMpaet9-and-the-d�9eharge-ef-f�rearxts-))
either a single pressure peak or a single burst of multiple
pressure peaks which occur for a duration of less than one second,;
as measured on a peak unweighted sound level meter.
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F. "Noise" means the intensity, duration and character
'of sounds, from any and all sources.
((6----uNe�se-d�sbt�rbaneeu-means-ani*-set�nd-Wh�ek-annoys;
'd�sbt�rbs-er-perturbs-persons-W�bk-nerma�-sens�b�v�t�est-er-any
set�nd-Wh�ek-#n��res-er-endangers-their-eemfert;-kea�tk;-hearing-
pease-er-safety-))
G. "Person" means any individual, corporation,
partnership, association, governmental body, state agency or other',
entity whatsoever.
H. "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.
I. "Public nuisance noise" means any unreasonable sound)
which either annoys injures interferes with or endangers the
comfort repose health or safety of an entire neighborhood or
community, although the extent of damage may be uneuual.
J. "Receiving property" means real property at the
boundaries of which the maximum permissible noise levels specified!
in this Chapter shall not be exceeded from sources outside such
property.
K. "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 Standards Institute publication'
S 1.4-1971. An impulse sound level meter shall be a peak or
impulse unweighted sound level meter which is capable of
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imeasurina impulse sound in conformance with the Type 1 or Type 2
,specifications of ANSI 1.4-1971.
((�----u6ennd-�e�elu-means-a-Weighted-'emend-prese�re-�eve�
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meaenred-bY-wee-ef-a-send-�e�e�-meter-�s�ng-an-uRu-Weighted
InetWerk-nnd-repented-es-H$A-er-HB{e}-))
Section 3. Section 1.4 of Ordinance 2113 is hereby
amended as follows:
9.20.1((6))8. STATE ENABLING LEGISLATION. This Chapter,
is in conformance with RCW 70.107, Noise Control, and Chapter
173-58 WAC Sound Level Measurement Procedures.
Section 4. Section 1.5 of Ordinance 2113 is hereby
deleted.
Section 5. Section 1.6 of Ordinance 2113 is hereby
amended as follows:
9.20.2((4))2. NOISE CONTROL OFFICE (NCO) --PROGRAM
DEVELOPMENT. The Building Department shall be designated the
Noise Control Office (NCO) for coordination of the sound level
measurement aspects and enforcement of all sections this Chapter
with the exception of Sections 9.20.106 and 9.20.110, and for the
general purpose of sound and vibration abatement and control.
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ether-e�ther�ty-jested-in-�t;-the-peWer-ter
A---eendnet;-er-ea�9e-te-be-eend�eted;-researeh
men�ter�ng;-and-ether-etnd�e9-re}eted-te-send-end-��bret�en3
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B---2endt�et-pregran�s-ef-ptib}ie-edt�eatien-regarding
E�the-noise-eentBe}-BndrdmaktmekbepaegaeYndentre}-and-abeteMent ',
aetivities-ef-a}}-n�ttnieipe}-depertmentst
H---Prepare-and-present-recex�unendetiens-te-the-eit�*
2et�nei}-en-the-designation-ef-eertain-areas-as-quiet-renes.---hese
noise-sensitive-areas-maY-ine}tide;-bt�t-are-net-}ix�ited-te;
operations-ef-sehee}s;-}ibraries-open-te-tke-ptib}ie;-ehttrehes;
kespita}s;-and-nrtrsing-hemes�
H---6tttdY-the-existing-sYste2n-ef-trt�e3�-retires-Within;
the-eeinxtttnityt-determine-areas-With-e-reeegnitab}e-sensitivity-ta
setind-and-vibretien-Whieh-are-iinpaeted-by-trtiekst-recommend
ehanges-er-medifieatien-te-the-trtiek-retires-te-minimii`e-the-setind ',.
and-vibration-en-residentia}-areas-and-quiet-senest
-- - - ;sed-setind-ems est3re-map-of-tke
P.-Heve}ep a genera} P
2it]�*;-a-}eng-term-p}an-for-aekieving-a-desired-}eve}-ef-quiet-in
the-eitY;-and-eaerdinate-With-the-P}arming-Hepartment-the
integration-ef-this-p}an-irate-the-eemprehensive-p}arming-preeess
Section 6. Section 1.7 of Ordinance 2113 is hereby
amended as follows:
9.20.2((6))6. NOISE CONTROL OFFICE
(NCO) --RESPONSIBILITIES AND POWERS. The responsibilities and
powers of the Noise Control Office shall be as follows:
A. The issuance of warnings, abatement notices, and
citations of violation on the abatement and control of noise;
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j B. The granting of time extensions according to
!procedures specified in Section 9.20.((86))98;
C. The reviewing of any permit, license, variance,
zone change, or proposed land use which may be subject to review
by City personnel, wherein noise disturbances may be a factor, to
unsure compliance with the intent and provisions of this Chapter;
D. Coordinate the noise control activities of all
municipal departments and work with appropriate municipal, county,',
state, and federal agencies to implement the purposes of this
chapter and, where appropriate, enter into contracts with the
approval of the City Council for the procurement of technical and
enforcement services.
Section 7. Section 2.1 of Ordinance 2113 is hereby
deleted.
Section 8. Section 2.2 of Ordinance 2113, as last
amended by Ordinance 2673, is hereby deleted.
Section 9. Section 3.1 of Ordinance 2113 is hereby
amended as follows:
9.20.((46))30. ENVIRONMENTAL DESIGNATIONS FOR NOISE
ABATEMENT. Environmental Designations for Noise Abatement (EDNA)
are declared. They are based primarily on the Zoning Code, but
also take into consideration the past, present, and future usage,
as well as the usage of adjacent and other lands in the vicinity.
Designation of such EDNA's are based on the following typical used:
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A. Class "A" EDNA are lands where human beings
reside and sleep. Typically,
Class A EDNA will be the following
,types of property used for human habitation:
1. Residential;
2. Multi-family living accommodations;
3. Recreation and entertainment (e.g., camps,
i
sparks, camping facilities, and resorts);
I
4. Community service (e.g., orphanages, homes
for the aged, hospitals, health and correctional facilities);
( (5---dee-erea�n-and-�ege�ab�e-�eneler-�*eh�e}es-) )„
B. Class "B" EDNA are lands involving uses
requiring protection against noise interference with speech.
Typically, Class B EDNA will be the following types of property:
1. Commercial living accommodations;
2. Commercial dining establishments;
3. Motor vehicle services;
4. Retail services;
5. Banks and office buildings;
6. Miscellaneous commercial services, property
not used for human habitation;
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I 7. Recreation and entertainment, property not
I'used for human habitation (e.g., theaters, stadiums, fairgrounds
%,and amusement parks);
8. Community services (e.g., education,
religious, governmental, cultural and recreational facilities).
C. Class "C" EDNA are lands involving economic
activities of such a nature that higher noise levels than
d experienced in other areas is normally to be anticipated.
!Typically Class C EDNA will be the following types of property:
1. Storage, warehouse, and distribution
facilities;
2. Industrial property used for the production
and fabrication of durable and nondurable man-made goods;
3. Agricultural and silvicultural property used
for the production of crops, wood products or livestock.
Section 10. Section 3.2 of Ordinance 2113 is hereby
amended as follows:
9.20.((44))34. ZONING CLASSIFICATION FOR EDNA's. The
i
following land use zoning classifications as found in the Kent
Zoning Code are assigned the EDNA classification below:
Zone EDNA
RA, R-1, MR -D, MR -M
MR -H, MR -G. MHP PUD Class A
I
O, NCC, CC, DC, HC
GC CM Class B
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MA, M-1, M-2, M-3, SU
(Extractive industries) Class C
Section 11. Section 4.1 of Ordinance 2113 is hereby
;amended as follows:
9.20.((48))38. MAXIMUM PERMISSIBLE ENVIRONMENTAL NOISE
:LEVELS. No person shall cause or permit noise to intrude into the)
,property of another person, which noise exceeds the maximum
,permissible noise levels set forth below in this Section, with the;
%point of measurement being at any point within the receiving
property. The noise limitations established are as set forth in
the following table after any applicable adjustments provided for
in this Chapter are applied.
TABLE I
Maximum Permissible
Environmental Noise Levels
EDNA OF
EDNA OF
RECEIVING PROPERTY
NOISE SOURCE
Class A
Class B Class C
Class A
55
dBA
57 dBA 60 dBA
Class B
57
dBA
60 dBA 65 dBA
Class C
60
dBA
65 dBA 70 dBA
Section 12.
Section
4.2
of Ordinance 2113 is hereby
amended as follows:
9.20.((50 )42. DEVIATIONS. The following deviations
from the maximum permissible noise levels are permitted:
A. Between the hours of ten p.m. and seven a.m. the!
noise limitations of Table I shall be reduced by ten dBA for
receiving property within Class "A" EDNA's.
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B. At any hour of the day or night the applicable
?noise limitations in Table I and in subsection (1) above may be
!exceeded for any receiving property by no more than:
'I
1. Five dBA for a total of fifteen minutes in
any one-hour period; or
2.
one-hour period; or
3.
',any one-hour period.
Section 13.
amended as follows:
Ten dBA for a total of five minutes in any
Fifteen dBA for a total of 1.5 minutes in
Section 4.3 of Ordinance 2113 is hereby
9.20.((56))46. DAYTIME EXEMPTION. The following shall
be exempt from the provisions of KCC Section 9.20.54 between the
hours of seven a.m. and ten p.m.;
A. Sound originating from residential property
relating to temporary projects for the maintenance or repair of
homes, grounds and appurtenances;
B. Sounds created by the discharge of firearms on
authorized shooting ranges;
C. Sounds created by aircraft engine testing and
maintenance not related to flight operations; provided, that
aircraft testing and maintenance shall be conducted at remote
sites whenever possible;
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D. Sounds created by the installation or repair of
essential utility services;
E. Sounds created by blasting.
Section 14. Section 4.4 of Ordinance 2113 is hereby
amended as follows:
9.20.((69))50. NIGHTTIME EXEMPTION. The following shall,
be exempt from the provision of Section 9.20.((58{1}))38:
A. Noise from electrical substations and existing,
stationary equipment used in the conveyance of water by a utility;
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 fifteen 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
provision, require approval of the NCO.
Section 15. Section 4.5 of Ordinance 2113 is hereby
amended as follows:
9.20.((64))54. EXEMPTIONS OTHER THAN RESIDENTIAL. The
following shall be exempt from the provisions of Section
9.20.((49))38, except insofar as such provisions related to the
reception of noise within Class "A" EDNA's between the hours of
ten p.m. and seven a.m.: Sounds originating from forest
harvesting and silvicultural activity.
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Section 16. Section 4.6 of Ordinance 2113 is hereby
amended as follows:
9.20.((66))58. OTHER EXEMPTIONS. The following shall bel
exempt from all provisions of Section 9.20.((46))38:
A. Sound created by the normal operation of motor
vehicles upon a public right-of-way;
B. Sound originating from aircraft in flight and
sounds that originate at airports which are directly related to
flight operations;
C. Sounds created by surface carriers engaged in
interstate 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 vehicles racing
events at existing, authorized facilities;
H. Sounds originating from officially sanctioned
parades and other public events;
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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 caused by natural phenomena and
unamplified human voices;
K. Sounds created by watercraft;
L. Sounds caused by motor vehicles, licensed or
unlicensed, when operated off public highways, except when such
sounds are received in Class "A" EDNA's;
M. Sounds originating from natural gas transmission
and distribution facilities installed prior to September 1, 1975
shall be exempt from all provisions of this Chapter until the
Department of Ecology amends WAC 173-60. The NCO shall make
recommendations to the City Council concerning this exemption
after the Department of Ecology completes its action.
Section 17. Section 5.1 of Ordinance 2113 is hereby
amended as follows:
9.20.((:�2))62. EMERGENCY EXEMPTION. Noise caused in the!
performance of emergency work for the immediate safety, health, or
welfare of the community or individuals of the community, or to
restore property to a safe condition following a public calamity,
shall not be subject to the provisions of this Chapter.
((Nothing-in-this-seetien-sha��-be-eenstr�ed-te-poi-xtit-la�a
enfereement;-ambt�ianee--fire,--er-ether-emergeney-persenne�-te-me3�e!
exeessi�*e-Heise-in-the-perfermenee-ef-their-duties-When-st�eh-Heise
is-eieerip-t�nneeessarp-))
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Section 18. Ordinance 2113 is hereby amended to add a
new section as follows:
9.20.42. EXEMPTED SOURCES.
this Chapter shall be a public nuisance noise or public
disturbance noise, as provided in Section 96.20.106 herein,
insofar as the particular source is exempted.
Section 19. Section 5.2 of Ordinance 2113 is hereby
amended as follows:
9.20.((916))70.((PERMfT-fssHANeE---The-Nee-is-autkeri-sed=
te-grant-perp+its-as-regtt�red-by-anp-pre��s�en-ef-this-ehapter-es
s�b�eet-te-s�eh-��m�tat�ens-as-te-area;-nese-�e�e�s--time-��m�ts '.
, and-ether-terms-and-eend�t�ens-as-�t-deterxt�nes-are-apprepr�ate-te'.
', preteet-p�b��e-heath--safety;-end-Welfare-/rem-the-nese
emanating-there/rem---�k�s-Seet�en-sha��-�n-ne-Wap-affeet-the-date{
te-ebta�n-any-ether-permit-er-f�eense-regn�red-by-�aW-fer-s�eh
VARIANCES. The NCO shall have the authority to grant a
variance where practical difficulties unnecessary hardships and
results inconsistent with the general purposes of this noise
control code might result from the strict application of its
provisions.
A. Application. The property owner or his/her agent
may make application to the NCO for a variance on forms provided
by that office.
B. Public Hearing. The NCO shall hold a public hearin'
on any proposed variance and shall give notice thereof by one
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publication in the City's official newspaper at least ten days
prior to the hearing.
Notice shall be given to all property owners within a
radius of at least two hundred (200) feet of the subject
Property's boundaries, and, when determined by the NCO, a greater
distance of the exterior boundaries of the subject property.
C. Conditions for Granting Variances. Before any
variance may be granted, it shall be shown and the NCO shall find:
1. The variance shall not constitute a grant of
special privileges inconsistent with a limitation upon uses of
other properties in the vicinity and zone in which the subject
Property is located; and
2. That such variance is necessary, because of
special circumstances relative to size, topography, location or
surroundings of the subject property to provide it with the rights
and privileges enjoyed by other property owners in the vicinity
and in the zone in which the property is located; and
3. That the granting of the variance will not be
materially detrimental to the comfort, repose, health or safety of
the public.
D. NCO Action and Validity. The decision of the NCO
shall be final and conclusive. Any variance authorized by the NCO
shall expire by limitation if the use necessitating the variance
is not begun within one year of authorization or if the use is
discontinued, suspended or abandoned for any one-year period.
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Section 20.
Ordinance 2113 is hereby amended to add a
new section as follows:
9.20.74. PUBLIC NUISANCE NOISES PROHIBITED. Pursuant to
the complaint notice and letter of violation procedure set forth
;sound constitutes a public nuisance noise as defined in this
!Chapter. It is unlawful for any person to cause or for any
person in possession of property to allow to originate from the
property any sound which has been determined a public nuisance
noise.
Section 21. Ordinance 2113 is hereby amended to add a
new section as follows:
9.20.76. ENFORCEMENT. Unless provided otherwise by thisG
Chapter. the Chief of Police shall be responsible for enforcing
�KCC Sections 9 20 106 and 9 20 110 and the Building Department
(NCO) shall have the responsibility for enforcing the remainder.
The specific provisions of this Chapter which describe the NCO's
methods for obtaining compliance with the noise standards set
forth herein such as sections 9.20.70, .74, 78 82 .90, .94,
98 and 102 are related to the civil enforcement process and
shall not be applicable to any criminal enforcement action
initiated by the Chief of Police.
Where appropriate and necessary for the enforcement of
this Chapter, the NCO or the Chief of Police may request the
assistance of the Noise Control Office of the Seattle -King County
Health Department and the Kent City Attornev.
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Section 22. Section 6.1 of Ordinance 2113 is hereby
amended as follows:
9.20.((84))78. COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this chapter occurs, or is alleged to have
occurred, any person may file a written complaint. Such complaint
shall state fully the causes and basis thereof and shall be filed
with the Building Department (NCO). The NCO shall properly record
such complaint, immediately investigate, and take any necessary
action thereon as provided by this Chapter.
Section 23. Ordinance 2113 is hereby amended to add a
new section as follows:
9.20.82. RIGHT OF ENTRY. Unon presentation of the
proper credentials, the NCO with the consent of the occupant, or
with the consent of the owner of any unoccupied building,
structure property or portion thereof, or pursuant to a lawfully
issued warrant, may enter at all reasonable times, any building,
structure, property or portion thereof to inspect the same
whenever necessary to make an inspection to enforce or determine
compliance with the provisions of this Chapter over which he/she
has enforcement responsibility or whenever he/she has cause to
believe that a violation of any provision of this Chapter other
than 9.20.34 or 9.20.38 has been or is being committed; PROVIDED,
if the building structure, property or portion thereof is
unoccupied, the NCO shall first make a reasonable effort to locate
the owner or other persons having charge or control of the
building, structure, property or portion thereof and demand
entry. If the NCO is unable to locate the owner or such other
persons and he has reason to believe that conditions therein
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I
:create an immediate and irreparable health hazard then he shall
make entry.
Section 24. Ordinance 2113 is hereby amended to add a
new section as follows:
9.20.90. NOTICE AND ORDER.
A. Unless provided otherwise by this Chapter,
whenever the NCO has reason to believe that a maximum permissible
esound level of Section 9 20 38 is being exceeded, that a public
nuisance noise is being emitted or when a complaint as described
written notice and order directed to the owner of the property:
person responsible for the property or operator of the source in
the manner directed in Section 9.20.94 Method of Service.
B. The notice shall contain a brief and concise
idescri tion of the conditions alle ed to be in violation or to be
a public nuisance noise the provisions) of this Chapter alleged
Ito have been violated the sound level readings if taken,
including the time and place of their recording.
C. The order shall contain a statement of the
`corrective action required and shall specify a reasonable time
within which the action must be accomplished.
Section 25. Ordinance 2113 is hereby amended to add a
new section as follows:
9.20.94. METHOD OF SERVICE. Service of the notice and
`order shall be made upon the Persons named in the notice and
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,order, either personally or by mailing a copy of thA notice and
order by certified mail postage prepaid return receipt
Ire ested to each person at his/her last known address If the
,whereabouts of the persons is unknown and cannot be ascertained byl
the NCO in the exercise of reasonable dili ence the NCO shall
±make affidavit to that effect and then the service of the notice
and order upon the persons may be made by publicatjon once each
week for two (2) consecutive weeks in the City's official
(news a er. The failure of an such person to receive the notice
`and order shall not affect the validity of any proceedings taken
under this Chapter. Service by certified mail in the manner
provided in this Section shall be effective on the date of mailinct.
Section 26. Section 5.3 of Ordinance 2113 is hereby
amended as follows:
9.20.((99))98- EXTENSIONS FOR COMPLIANCE.
A. Upon good cause shown by the owner or operator
,of any noise source reviewed and measured under Section
9.20-((4Q))38, the Building Department (NCO) shall have the power
to grant an extension from the operation of this Chapter in order
to allow sufficient time for installation of needed control
'equipment, facilities, or modifications to achieve compliance not
to exceed thirty days; provided, that such extension may be
renewed for an additional like period, but only if satisfactory
progress toward compliance is shown.
B. Any person seeking an extension shall file a
,petition with the NCO. ((,h,-Nee-9haii-premptiy-give-Written
inet�ee-ef-9t�eh-petit�en-te-anp-per9en-Whe-has-�egtte9ted-net�ee
�W�th�n-f��e-da�►s-e�-at�eh-pet�t�en-gin-the-neWepepe�-ef-genere�
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Ieret�}aten-Wthn-this-xnt�nepa�tr:--�f-the
-Ne6;-n-hsfher
diBeret ten--eene}dale
s-that-a-hearing-�„ret��d-be-adv�sab�e;
�persen-f}}es-a-Written-regt3est-fer-a-hearing-er-a-�rrttten
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eb�eet�en-te-a-grant-ef-sxeh-extens�en-W}thin-fifteen-days-ef-the �
netee-prejrded-gin-this-Seet!en--a-ptib1e-hearing-before-the-2ty
'� eettne��-sha��-be-held-en-the-pet�t�en---�4-`+r}tten-transer�pt-sha��
_ --stteh-hearing---Ne-perat�t-sha��-be-�sst3ed-for-any
be kept-ef any
�extens�en-tint��-the-fifteen-day-re*a�eW-per�ed-has-ended.-))
,IAnv such re est for an extension must be received in the NCO
office at least five 5 workin da s rior to the date set or
'com liance in the Notice and Order.
i
C. In granting or denying an extension of the date
Iset for compliance, the NCO shall file ((end-pttbjjsh))
a written
order, stating the facts and reasons leading to the decision.
deleted.
Section 27. Section 6.3 of Ordinance 2113 is hereby
Section 28. Ordinance 2113 is hereby amended to add a
new section as follows:
9.20.102. ABATEMENT NOTICE. After a notice and order
has been served as provided in Section 9.20.98 and no request for
an extension in the date set for compliance has been received by
the NCO within the time frames set in Section 9.20.98 the NCO
shall issue an abatement notice. The abatement notice shall be
the notice and order Section 9.20.90. An abatement notice shall
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abatement and penalties through legal process.
Section 29. Ordinance 2113 is hereby amended to add a
new section as follows:
9.20.106. PUBLIC DISTURBANCE NOISES. It is unlawful for,
any Person to cause or make or for any person in ossession of
R—roperty to allow to ori inate from the property, unreasonable
noise which disturbs another and to refuse or intentionally fail
to cease the unreasonable noise when ordered to do so by a police
officer.,"Unreasonable noise" shall include the followin sounds
or combination of sounds:
A Loud and raucous, and frequent repetitive, or
continuous sounds made by the amplified or unamplified human
!voice. Exem t from this prohibition are licensed vendors whose
considered against any Derson in determining a violation of this
section --
-
B. Loud and raucous and frequent repetitive or
in animal shelters commercial kennels, veterinary hospitals, pet
shops or pet kennels licensed under and in compliance with
Chapter 9 lb of the Kent City Code shall be exempt from this
subsection, provided that notwithstanding any other provision of
this Chapter, if the owner or other person having custody of the
animal cannot, with reasonable inguiry, be located by the
investictating.officer or if the animal is a repeated violator of
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;or animal control officer in the manner provided in Section
i
19. 6.88 su 'ect to t e redem t'on ocedures therein.
C Loud and raucous and frequent repetitive or
,continuo sounds made in connection with the
�,r*ina operation.
repair rebuilding or testing of any motor vehicle
motorcycle,
Toff highway vehicle, or internal combustion en ine•
i
D Loud and raucous, frequent, repetitive or
;continuous sounds made within the vici ity of any chool or other
institution of learning hospital nursing home court o other
designated area where exce tional quiet is necessar while the
same are in use provided conspicuous signs are displayed in
its including that the same is a quiet
ladiacent or contiguous stre
zone.
E Loud and raucous frequent, repetitive or
continuous sounds created b use of a musical instrument or other',
device capable of producing sound when struck by an object; a
whistle, or a sound amplifier or other device capable of
roducin amplifying, or re roducin sound; exce t such noise
emitted from officially sanctionedpublic events;
F Loud and raucous and frequent, repetitive, or
continuous sounds made by n horn or siren attached to a motor
vehicle or water craft except such sounds that are made to warn
of danger or that are specifically permitted or required by law.
6. Loud and raucous and frequent repetitive or
continuous sounds made in connection with outdoor construction or
roducin sound by
either strikingor cuttingobjects such as
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'4
(hammers saws or other eauipment with internal combustion engines:
PROVIDED HOWEVER, such sounds shall be exempt from the provisions
fof this Ordinance during the hours of 7.00 a.m. through 8.00 p.m.:'
Monday through Sunday.
Section 30. Ordinance 2113 is hereby amended to add a
I,new section as follows:
i 9.20.110. PUBLIC DISTURBANCE NOISE FROM PORTABLE OR
'i
MOTOR VEHICLE AUDIO EQUIPMENT.
A While in Class A or Class B EDNA areas or park
;areas residential or commercial zones or any area where
residences schools human service facilities or commercial
establishments are in obvious roximit to the source of the
sound it is unlawful for any.person to cause make or allow to be
'
the following:
1 Sound from a motor vehicle audio system,
such as a radio,.tape player or compact disc player which is
operated at such a volume that it could be clearly heard by a
person of normal hearing at a distance of seventy-five feet (751)
or more from the vehicle itself; or
a radio tape player or compact disc player, which is operated at
hearing at a distance of seventy-five feet (751) or more from the
'source of the sound.
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B. This section shall not apply to persons
operating portable audio equipment upon their own premises, such
as an owner or tenant or to persons operating such equipment
within a public park pursuant to an event under a permit issued
under Kent City Code Section 5.24.010, in which event other
provisions of the Noise Code shall apply.
C. The content of the sound will not be considered
in determining a violation of this section.
Section 31. Section 6.2 of Ordinance 2113, as last
amended by Ordinance 2673, is hereby amended as follows:
9.20. ((96)) 114. PUNISHMENT'.
', ((Any-person-rhe-��efates-any-ef-fhe-pre��s�ens-ef-bh�s-ehapter-ori
;'fa��s-te-eea+p�y-W��h-eny-ef-its-regtt�rements-sha��;-open-eenv�eb�ei�
thereof;-be-pt�n�shed-bp-a-erim�naf-fine-er-ferfe�tt�re-net-be-exeee�l
xtere-khan-five-hundred-de��ars-er-by-�mpr�senMent-for-nob-Ynere
than-SBA-days;-er-bebh---Eaeh-day-st3eh-v�e�ab�en-eent�nttes-shall-b�
eens�dered-e-separate-offense.-))
A. Conduct made unlawful under Sections 9.20.106
through 9.20.110 of the Noise Control Code shall constitute a
misdemeanor as defined in Kent City Code Section_ 1.02.080.
civil fine of two hundred fifty dollars (9250 00). This fine
!shall be cumulative and each day such offense continues shall
,constitute a separate violation.
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C. rive separate subsequent offenses by the same
violator of the provisions contained in Section 9.20.38 throucrh
-9.20.102 within a five-year period of time shall also constitute a
misdemeanor, and may be punished by the criminal penalties
'described in Kent City Code Section 1 02 080 and/or a penalty—in
addition
enaltyin
addition to the civil fine of two -hundred fifty dollars ($250.00)
for the initial act of violation and two -hundred fifty dollars
250.00per day thereafter until the violation is discontinued.
D. Nothing contained in this ((ehapter)) Noise Control
iCode shall prevent the City from taking such other lawful action
las is necessary to prevent or remedy any violation.
Section 32. Ordinance 2673 entitled:
An Ordinance of the City of Kent,
Washington, adding two new subsections to
9.20.36 and also amending 9.20.88 KCC,
referring specifically to public disturbance
noises to the Kent City Code
is hereby repealed.
Section 33. Pursuant to WAC 173-60-110(2), the City
Attorney is hereby authorized to submit a copy of this Ordinance
to the Director of the Washington State Department of Ecology for
review and approval.
Section 34. Any act consistent with the authority and
,prior to the effective date of this Ordinance is hereby ratified
and confirmed.
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Section 35. Severability. If any section, subsection,
!!clause, phrase or portion of this Ordinance is for any reason held
'invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
Section 36. Effective Date. This Ordinance shall take
effect and be in force thirty (30) days from the time of its final
passage, publication and approval by the Director of the
Washington State Department of Ecology.
AN KELLEHER, MAYOR
ATTEST:
., -Cr*CLERK
APPROVED AS TO FORM:
PASSED the day of
APPROVED the day of
PUBLISHED the day of
1990.
ij
1990.
1990.
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I hereby certify that this is a true copy of Ordinance
No. C7-57 7_ , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
08810-320
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