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WHEREAS excessive sound and vibration are a serious
hazard to the public health and welfare, safety, and the quality
of life; and
ORDINANCE NO. n11
AN ORDINANCE of the City of Kent,
Washington, providing for the control of
noise within all areas of the City, des-
ignating the Building Department as the
Noise Control office, providing for ex-
emptions and providing for penalties for
violations of the Ordinance and repealing
Ordinance 1993 of the City of Kent.
WHEREAS a substantial body of science and technology
exists by which excessive sound and vibration may be substantially
abated; and
WHEREAS the people have the right to and should be en-
sured an environment free from excessive sound and vibration that
may jeopardize their health or welfare or safety or degrade the
quality of life;
NOW, THEREFORE, it is the policy of the City of Kent to
prevent excessive noise which may jeopardize the health and wel-
fare or safety of its citizens or degrade the quality of life, and
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
HEREBY ORDAIN AS FOLLOWS:
Q A'!'T T n'M T
Section 1.1. TITLE. This Ordinance may be cited as
the "Noise Control Ordinance of Kent".
Section 1.2. SCOPE. This Ordinance shall apply to the
control of all sound and vibration originating from stationary
sources within the limits of the City of Kent.
Section 1.3. DEFINITIONS.
"EDNA" means the environmental designation for noise
i
abatement, being an area or zone (environment) within which maxi-
mum permissible noise levels are established.
"Ambient Sound Level" means the background level of all j
sound in a given environment independent of the specific source
being measured.
"dBA" means the sound pressure level in decibels mea-
sured using the "A" weighting network on a sound level meter as
specified in the American National Standards Institute specifica-
tions S 1.3-1971 for sound level meters.
"Emergency Machinery and Work" means machinery and
jwork necessary to restore property to a safe condition following a
'public calamity, or machinery and work required to protect persons
or property from an imminent exposure to danger.
"Noise" means the intensity, duration and character of
sounds, from any and all sources.
"Noise Disturbance" means any sound which annoys, dis-
!turbs or perturbs persons with normal sensitivities; or any sound
I
which injures or endangers their comfort, health, hearing, peace
or safety.
"Person" means any individual, corporation, partnershir
association, governmental body, state agency or other entity what-
soever.
"Property Boundary" means the surveyed line at ground
surface, which separates the real property owned, rented, or leas-
ed by one or more persons, from that owned, rented or leased by
done or more other persons, and its vertical extension.
"Receiving Property" means real property at the bound-
iaries of which the maximum permissible noise levels specified
i
Therein shall not be exceeded from sources outside such property.
"Sound Level Meter" means a device which measures
sound pressure levels and conforms to type 1 or type 2 as speci-
fied in the American National Standards Institute publication
IS 1.4-1971.
"Sound Level" means a weighted sound pressure level
measured by use of a sound level meter using an "A" weighted net-
work and reported as dBA or dB(A).
"Impulsive Sound" means a sound of short duration us-
ually less than one second, with an abrupt onset and rapid decay.
Examples of sources of impulsive sound include explosions, drop
force impacts and the discharge of firearms.
Section 1.4. STATE ENABLING LEGISLATION AS IT APPLIES
TO THIS ORDINANCE. This Ordinance is in conformance with Chapter
70.107 of the Revised Code of the State of Washington.
Section 1.5. ADMINISTERING AUTHORITY. The Building
!Department shall have primary responsibility for enforcement of
the Noise Control Program established by Section 1.6 of this Ordi-
nance.
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Section 1.6. NOISE CONTROL OFFICE (NCO)
Program Development. The Building Department shall be
esignated the Noise Control Office (NCO) for enforcement of this
rdinance and for the general purpose of sound and vibration a-
atement and control; the Noise Control Office (NCO) shall have,
n addition to any other authority vested in it, the power to:
(1) Conduct, or cause to be conducted, research moni-
toring, and other studies related to sound and vi-
bration.
(2) Conduct programs of public education regarding the
Noise Control and Abatement Program.
(3) Coordinate the noise control and abatement activi-
ties of all municipal departments.
(4) Prepare and present recommendations to the City
Council on the designation of certain areas as
quiet zones. These noise sensitive areas may in-
clude, but are not limited to, operations of
schools, libraries open to the public, churches,
hospitals, and nursing homes.
(5) Study the existing system of truck routes within
the community; determine areas with a recognizable
sensitivity to sound and vibration which are im-
pacted by trucks; recommend changes or modifica-
tion to the truck routes to minimize the sound and
vibration on residential areas and quiet zones.
(6) Develop a generalized sound exposure map of the
City, a long term plan for achieving a desired
level of quiet in the City, and coordinate with
the Planning Department the integration of this
plan into the Comprehensive Planning process of
the City.
Section 1.7. NOISE CONTROL OFFICE (NCO)
Responsibilities and Powers
(1) The issuance of warnings, abatement notices, and
citations of violation on the abatement and control
of noise.
(2) The granting of time extensions according to pro-
cedures specified in Section 4.10.
(3) The reviewing of any permit, license, zone change,
or proposed land use which may be subject to review
by City personnel, wherein noise disturbances may
be a factor, to insure compliance with the intent
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and provisions of this Ordinance.
(4) 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 Ordinance and,
where appropriate, enter into contracts with the
approval of the City Council for the procurement
of technical and enforcement services.
SECTION II
Section 2.1. GENERAL PROHIBITIONS. It shall be unlaw-
ful for any person within the limits of the City of Kent to make,
continue, or cause to be made or continued or cause any prohibited
excessive, or unusually loud noise to create a noise disturbance
or to exceed the maximum permissible noise levels specified in
Section 4.1 of this Ordinance.
Section 2.2. SPECIFIC PROHIBITIONS. The following
acts, among others, are declared to be loud, disturbing and
excessively noisy, and in violation of this Ordinance, but said
enumeration shall not be deemed exclusive, namely:
(1) Using or operating any mechanical or electronic
device or loudspeaker in a fixed or movable posi-
tion exterior to any building, or mounted upon
motor vehicles, aircraft, or motorboates for com-
mercial or business advertising purposes or for
the purpose of attracting attention to any perform-
ance, show, or sale or display of merchandise,
where the sound therefrom may be heard upon any
public street, park, or place. Nothing in this
Section is intended to prohibit incidental sounds
emanating from a sporting or entertainment or a
public event for which a permit has been issued.
Exempt from this prohibition are vendors whose sole
method of selling is from a moving vehicle. Such
vendors include ice-cream vendors and vegetable
vendors. Noise levels emitting from noise devices
on such vehicles may not exceed the maximum per-
missible environmental noise levels contained in
Section 4.1.
(2) Selling anything by outcry within an area of the
City zoned primarily for residential uses, except
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by permit.
(3) Owning, keeping, possessing, or harboring any ani-
mal which by frequent or habitual howling, barking,'.
or other noisemaking, causes noise disturbance.
The provisions of this Section shall apply equally
to private and public facilities, including any
animal pounds, which hold or treat animals.
(4) Repairing, or rebuilding, modifying, or testing any
motor vehicle, off-road vehicle or motorboat in or
near a residential use district in such a manner as
to cause noise disturbance or violate the provi-
sions of Section 4.
(5) Operating, or permitting to be operated, any loud-
speaker or other source of sound in any place of
public entertainment which produces maximum levels
of 95 dBA at any point that is normally occupied
by a person, without a conspicuous and legible sign
located outside such place, near the entrance,
stating, "WARNING! SOUND ENVIRONMENT WITHIN MAY
CAUSE PERMANENT HEARING IMPAIRMENT".
(6) Operating or permitting the operation of any motor
vehicle racing event at any place except an autho-
rized track and in a manner approved by the NCO or
a designated representative to minimize noise dis-
turbance.
(7) Creating any unnecessary or unusually loud noise
within the vicinity of any school or other institu-
tion of learning, hospital, nursing home, court,
or other designated area where exceptional quiet
is necessary, while the same are in use, provided
conspicuous signs are displayed in adjacent or
contiguous streets, indicating that the same is a
quiet zone.
SECTION III
Section 3.1. ENVIRONMENTAL DESIGNATIONS FOR NOISE
ABATEMENT.. Environmental Designations for Noise Abatement (EDNA)
are hereby 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 uses:
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(1) Class "A" EDNA - Lands where human beings reside
and sleep. Typically, Class A EDNA will be the
following types of property used for human habita-
tion:
(a) Residential
(b) Multiple Family Living Accomodations
(c) Recreation and entertainment, (e.g., camps,
parks, camping facilities, and resorts).
(d) Community Service, (e.g., orphanages, homes
for the aged, hospitals, health and correct-
ional facilities) .
(e) Ice cream and vegatable vendor vehicles.
(2) Class "B" EDNA - Lands involving uses requiring
protection against noise interference with speech.
Typically, Class B EDNA will be the following types
of property:
(a) Commercial Living Accommodations
(b) Commercial Dining Establishments
(c) Motor Vehicle Services
(d) Retail Services
(e) Banks and Office Buildings
(f) Miscellaneous Commercial Services, property
not used for human habitation.
(g) Recreation and Entertainment, property not
used for human habitation (e.g., theaters,
stadiums, fairgrounds and amusement parks)
(h) Community Services, (e.g., educational, re-
ligious, governmental, cultural and rec-
reational facilities)
(3) Class "C" EDNA - Lands involving economic activi-
ties of such a nature that higher noise levels
than experienced in other areas is normally to
be anticipated. Typically, Class C EDNA will be
the following types of property:
(a) Storage, Warehouse, and Distribution
Facilities
(b) Industrial property used for the pro-
duction and fabrication of durable and
non -durable man-made goods.
(c) Agricultural and Silvicultural property
used for the production of crops, wood
products or livestock.
Section 3.2. ZONING CLASSIFICATION FOR EDNA's. The
following land use zoning classifications as found in the Kent
Zoning Code are hereby assigned the EDNA classification below:
ZONE
EDNA
RA, R-1, MR -D, MR -M
MR -H, MR -G, MHP, PUD Class A
0, NCC, CC, DC, HC,
GC, CM Class B
MA, M-1, M-2, M-3, SU Class C
(Extractive Industries)
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SECTION IV
Section 4.1. 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 per-
missible noise levels set forth below in this Section, with the
point of measurement being at any point within the receiving prop-
erty. The noise limitations established are as set forth in the
following table after any applicable adjustments provided for
herein are applied.
TABLE I
Maximum Permissible Environmental Noise Levels
EDNA OF NOISE SOURCE EDNA OF RECEIVING PROPERTY
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 4.2. DEVIATIONS. The following deviations
from the maximum permissible noise levels are permitted:
(1) Between the hours of 10:00 p.m. and 7:00 a.m.
the noise limitations of Table I shall be re-
duced by 10 dBA for receiving property within
Class "A" EDNA's.
(2) At any hour of the day or night the applicable
noise limitations in Table I and in Paragraph
(1) above may be exceeded for any receiving
property by no more than:
(a) 5 dBA for a total of 15 minutes in any
one hour period; or
(b) 10 dBA for a total of 5 minutes in any
one hour period; or
(c) 15 dBA for a total of 1.5 minutes in any
one hour period.
Section 4.3. DAYTIME EXEMPTION. The following shall
be exempt from the provisions of Section 4.1 between the hours of
17:00 a.m. and 10:00 p.m.
(1) Sound originating from residential property relat-
ing to temporary projects for the maintenance or
repair of homes, grounds and appurtenances.
(2) Sounds created by the discharge of firearms on
authorized shooting ranges.
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(3) 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 pos-
sible.
(4) Sounds created by the installation or repair of
essential utility services.
(5) Sounds created by blasting.
Section 4.4. NIGHTTIME EXEMPTION. The following shall
be exempt from the provisions of Section 4.2(1):
(1) Noise from electrical substations and existing,
stationary equipment used in the conveyance of
water by a utility.
(2) Noise from existing industial 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 provision, re-
quire approval of the NCO.
Section 4.5. EXEMPTIONS OTHER THAN RESIDENTIAL. The
following shall be exempt from the provisions of Section 4.1.,
except insofar as such provisions related to the reception of
noise within Class "A" EDNA's between the hours of 10:00 p.m. and
7:00 a.m.
(1) Sounds originating from forest harvesting and
silvicultural activity.
Section 4.6. OTHER EXEMPTIONS. The following shall
be exempt from all provisions of Section 4.1:
(1) Sound created by the normal operation of motor
vehicles upon a public right-of-way.
(2) Sound originating from aircraft in flight and
sounds that originate at airports which are
directly related to flight operations.
(3) Sounds created by surface carriers engaged in
interstate commerce by railroad.
(4) Sounds created by warning devices not operating
continuously for more than five minutes, or
MM
bells, chimes, and carillons.
(5) Sounds created by safety and protective devices
where noise suppression would defeat the intent
of the device or is not economically feasible.
(6) Sounds created by emergency equipment and work
necessary in the interests of law enforcement
or for health, safety, or welfare of the com-
munity.
(7) Sounds originating from motor vehicles racing
events at existing, authorized facilities.
(8) Sounds originating from officially sanctioned
parades and other public events.
(9) Sounds emitted from petroleum refinery boilers
during startup of said boilers; provided, that
the startup operation is performed during day-
time hours whenever possible.
(10) Sounds caused by natural phenomena and unamplified
human voices.
(11) Sounds created by watercraft.
(12) Sounds caused by motor vehicles, licensed or
unlicensed, when operated off public highways,
EXCEPT when such sounds are received in Class
"A" EDNA's.
(13) Sounds originating from natural gas transmission
and distribution facilities installed prior to
September 1, 1975 shall be exempt from all pro-
visions of this Ordinance until the Department
of Ecology amends WAC 173-60. The noise control
officer shall make recommendations to the City
Council concerning this exemption after the
Department of Ecology completes its action.
SECTION V
Section 5.1. 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
estore property to a safe condition following a public calamity
hall not be subject to the provisions of this Ordinance.
Nothing in this Section shall be construed to permit
law enforcement, ambulance, fire, or other emergency personnel to
ake excessive noise in the performance of their duties when such
noise is clearly unnecessary.
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Section 5.2. PERMIT ISSUANCE. The NCO is authorized
to grant permits as required by any provision of this Ordinance
as subject to such limitations as to area, noise levels, time lim-
its and other terms and conditions as it determines are appropria-
te to protect public health, safety, and welfare from the noise
emanating therefrom. This Section shall in no way affect the duty
to obtain any other permit or license required by law for such
activities.
Section 5.3. EXTENSIONS FOR COMPLIANCE.
(1) Upon good cause shown by the owner of any noise
source, the Building Department (NCO) shall have
the power to grant an extension from the opera-
tion of this Ordinance in order to allow sufficient
time for installation of needed control equipment,
facilities, or modifications to achieve compliance
not to exceed 30 days; PROVIDED, that such exten-
sion may be renewed for an additional like period,
but only if satisfactory progress toward compliancE
is shown.
(2) Any person seeking an extension shall file a petit-
ion with the NCO. The NCO shall promptly give
written notice of such petition to any person who
has requested notice of such extension petitions,
and shall publish notice within 5 days of such
petition in a newspaper of general circulation
within this municipality. If the NCO, in his
discretion, concludes that a hearing would be ad-
visable, or if any person files a written request
for a hearing or a written objection to the grant
of such extension within 15 days of the notice pro-
vided herein, a public hearing before the City
Council shall be held on the petition. A written
transcript shall be kept of any such hearing. No
permit shall be issued for any extension until the
15 day review period has ended.
(3) In granting or denying an extension the NCO shall
file and publish a written order, stating the fact`
and reasons leading to the decision.
SECTION VI
Section 6.1. COMPLAINTS REGARDING VIOLATIONS. When -
=t1=
ever a violation of this Ordinance occurs, or is alleged to have
occurred, any person may file a written complaint. Such complaint
stating fully the causes and basis thereof shall be filed with
the Building Department (NCO). The NCO shall record properly such
complaint, immediately investigate, and take action thereon as
provided by this Ordinance.
Section 6.2. VIOLATIONS: MISDEMEANOR. Any person who
violates any of the provisions of this Ordinance or fails to comply
with any of its requirements shall, upon conviction thereof, be
fined not more than one hundred (100) dollars or be imprisoned for
not more than thirty (30) days, or both. Each day such violation
continues shall be considered a separate offense.
Nothing herein contained shall prevent the City from
taking such other lawful action as is necessary to prevent or
remedy any violation.
Section 6.3. MANNER OF ENFORCEMENT. The Director of
the Building Department (NCO) or his duly authorized represent-
atives) are hereby empowered and it shall be their duty to en-
force all provisions of this Ordinance.
Violations of this Ordinance shall be prosecuted in
the same manner as other misdemeanor violations of the City's Code,
provided, however, that in the event of violation or a complaint
as to a possible violation, the alleged violator shall have been
duly notified as to the violation and any course of action that
the City would take to secure compliance.
Once the NCO has identified a noise violation, the al-
leged violator shall be issued a letter of violation asking for
compliance; failure to comply within a prescribed time shall war-
rant the issuance of an abatement notice, said notice shall be
final notice before legal action is taken by the City. Unless an
extension of time to comply has been granted, within three days
of the abatement of violation deadline, the NCO shall remit the
matter to the City Attorney for legal compliance.
Section 6.4. SEVERABILITY. If any section, sub -sec-
tion, sentence, clause, phrase or portion of this Ordinance is for
any reason held invalid or unconstitutional by any court of com-
petent jurisdiction, such portion shall be deemed a separate, dis-
tinct and independent provision and such holding shall not affect
the validity of the remaining portions hereof.
SECTION VII
Section 7.1. Ordinance 1993 be and same is hereby
repealed in its entirety.
Section 7.2. This Ordinance shall take effect and be
in force five (5) days from and after its passage, approval and
publication as provided by law.
ATTEST:
�.
ISABEL HOGAN, MAYOR
fel._-._,
jIMARIE ®KJJENSEN, ITY CLERK
PROVED AS TO FO
1 r"a 6,
E. MIRK, CITY ATTORNEY
PASSED the day of 1978.
APPROVED the day of 1978.
PUBLISHED the day of 1978.
I hereby certify that this is a true copy of Ordinance
No. 113 —, passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as here-
on indicated.
(SEAL)
MARI _ NSEN, CITY CLERK
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