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ORDINANCE NO.
ORDINANCE of the City of Kent,
Washingtonon providing for the control of noise
within all areas of the City, designating the
Day Building Department as the Noise Control of-
fice, providing for exemptions and providing
for penalties for violations of the Ordinance.
WHEREAS, excessive sound and vibration are a serious haz-
ard to the public health and welfare, safety, and the quality of
life; and
WHEREAS, a substantial body of science and technology
exists by which excessive sound and vibration may be substantially
abated; and
WHEREAS, the people have a right to and should be ensured
an environment free from excessive sound and vibration that may
jeopardize their health or welfare or safety or degrade the qual-
ity 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:
SECTION I
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
abatement, being an area or zone (environment) within which maxi. -
mum permissible noise levels are established.
"Ambient Sound Level" means the background level of the
specific source being measured.
"dBA" means the sound pressure level in decibels measured
using the "A" weighting network on a sound level meter as specified
in the American National Standards Institute specifications S 1.4-
1971 for sound level meters.
"Emergency Machinery and Work" means machinery and work
necessary to restore property to a safe condition following a
public calamity, or machinery and work required to protect per-
sons or property from an imminent exposure to danger.
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"Noise" means the intensity, duration and character of
sounds, from any and all sources.
"Noise Disturbance" means any sound which annoys, disturbs
or perturbs persons with normal sensitivities; or any sound which
inures or endangers their comfort, health, hearing, peace or
safety.
"Person" means any individual, corporation, partnership,
association, governmental body, state agency or other entity
whatsoever.
"Property Boundary" means an imaginary line, at ground
surface, which separates the real property owned by one person
from that owned by another person, and its vertical extension.
"Public Space" means an area which is owned or controlled
by a public governmental entity and maintained for the use of the
general public.
"Receiving Property" means real property at the bound-
aries of which the maximum permissible noise levels specified
herein 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 specified in
the American National Standards Institute publication S 1.4-1971.
"Sound Level" means a weighted sound pressure level mea-
sured by use of a sound level meter using an "A" weighted network
and reported as dBA or dB(A).
"Impulsive Sound" means a sound of short duration usually
less than one second, with an abrupt onset and rapid decay.
Examples of sources of impulsive sound include explosions, drop
forge 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
Ordinance.
Section 1.6. NOISE CONTROL OFFICE (NCO):
Program Development The Building Department shall be
designated the Noise Control Office (NCO) for enforcement of this
Ordinance and for the general purpose of sound and vibration a-
batement and control; the Noise Control Office (NCO) shall have,
in addition to any other authority vested in it, the power to:
(1) Conduct, or cause to be conducted, research moni-
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toring, and other studies related to sound and vibra-
tion.
(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 include, 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 impacted
by trucks; recommend changes or modification to the
truck routes to minimize the sound and vibration on
residential areas and quiet zones.
(6) Developoa 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 Com-
prehensive 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 disturbance may be a
factor, to insure compliance with the intent and pro-
visions of this Ordinance.
(4) Coordinate the noise control activities of all
municipal departments and work with appropriate munici-
pal, 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 enforce-
ment services.
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SECTION II
Section 2.1. GENERAL PROHIBITIONS. It shall be unlawful
for any person within the limits of the City of Kent to make,
continue, or cause to be made or continued or caused any prohib-
ited excessive, or unusually loud noise to create a noise dis-
turbance or to exceed the maximum permissible noise levels speci-
fied 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 position
exterior to any building, or mounted upon motor vehi-
cles, aircraft, or motorboats for commercial or busi-
ness advertising purposes or for the purpose of at-
tracting attention to any performance, 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 inci-
dental sounds emanating from a sporting or entertain-
ment or 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 ven-
dors include ice-cream vendors and vegetable vendors.
Noise levels emitting from noise devices on such vehi-
cles may not exceed the maximum permissible environ-
mental noise levels contained in Section 4.1.
(2) Selling anything by outcry within an area of the
City zoned primarily for residential uses, except 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 pro-
visions of this Section shall apply equally to private
and public facilities, including any animal pounds,
which hold or treat animals.
(4) Repairing, 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 provisions 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 authorized
track and in a manner approved by the NCO or a desig-
nated representative to minimize noise disturbance.
(7) Operating, or causing the operation of, any motor-
boat in any lake, river, stream, or other waterway in
such a manner as to violate the provisions of Section 4.
(8) Creating any unnecessary or unusually loud noise
within the vicinity of any school or other institution
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 A-
BATEMENT. 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:
(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) Recreational and entertainment, (e.g., camps,
parks, camping facilities, and resorts).
(d) Community Service, (e.g., orphanages, homes for
the aged, hospitals, health, and correctional
facilities).
(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.
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(a) Commercial Living Accommodations
(b) Commercial Dining Establishments
(c) Motor Vehicle Services
(d) Retail Services
(e) Banks and Office Buildings
(f) Miscellaneicus 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, property not used for human
habitation (e.g., educational, religious, gov-
ernmental, cultural and recreational facilities)
(3) Class "C" EDNA - Lands involving economic activities
of such a nature that higher noise levels than
experienced in other areas is normally to be antic-
ipated. Typically, Class C EDNA will be the fol-
lowing types of property:
(a) Storage, Warehouse, and Distribution Facilities.
(b) Industrial property used for the production and
fabrication of durable and nondurable 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 classifications below:
BONE EDNA
RA, R-1, MR -D, MR -M, Class A
MR -H, MR -G, MHP, PUD
O, NCC, CC, DC, HC, Class B
GC, CM
MA, M-1, M-2, M-3, SU Class C
(Extractive Industries)
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 permis-
sible noise levels set forth below in this Section, with the point
of measurement being at the property boundary of the receiving
property. 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 the foregoing table shall be
reduced 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 1 and the nighttime
restrictions above may be exceeded for any receiv-
ing property by no more then;
(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
7:30 a.m. and 9:00 p.m.
(1) Sounds originatingfrom 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.
(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.
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(2) Noise from existing industrial installations which
exceed the standards contained in these regulations
and which, over the previous three years, have
consistently operated in excess of 15 hours per
day as a consequence of process necessity and/or
demonstrated routine normal operation. Changes
in working hours, which would affect exemptions
under this regulation, require approval of the NCO
and the State.
Section 4.5. EXEMPTIONS OTHER THAN RESIDENTIAL. The
following shall be exempt from the provisions of Section 4.1,
except insofar as such provisions relate 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 temporary construction sites
as a result of construction activity.
(2) 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 direct-
ly related to flight operations.
(3) Sounds created by surface carriers engaged in inter-
state commerce by railroad.
(4) Sounds created by warning devices not operating
continuously for more than five minutes, or 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 community.
(7) Sounds originating from motor vehicle racing events
at existing, authorized facilities.
(8) Sounds originating from officially sanctioned
parades and other public events.
(9) Sounds from existing refrigeration equipment for
preservation of retail food goods.
(10) Sounds emitted from petroleum refinery boilers
during startup of said boilers; PROVIDED, that the
startup operation is performed during daytime hours
whenever possible.
(11) Sounds caused by natural phenomena and unamplified
human voices.
(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.
Section 4.5. PROVISO. Nothing in these exemptions is
intended to preclude the NCO from requiring installation of the
best available noise abatement technology consistent with eco-
nomic feasibility.
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 restore property to a safe condition following a public calam-
ity shall not be subject to the provisions of this Ordinance.
Nothing in this Section shall be construed to permit law enforce-
ment, ambulance, fire, or other emergency personnel to make ex-
cessive noise in the performance of their duties when such noise
is clearly unnecessary.
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 limits,
and other terms and conditions as it determines are appropriate
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
Ii 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 operation 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 extension may be renewed
for an additional like period, but only if satisfac-
tory progress toward compliance is shown.
(2) Any person seeking an extension shall file a peti-
tion with the NCO. The NCO shall promptly give writ-
ten notice of such petition to any person who has re-
quested notice of such extention petitions, and shall
publish notice within 5 days of such petition in a
newspaper of general circulation within this munici-
pality. If the NCO, in his discretion, concludes
that a hearing would be advisable, or if any person
files a written request for a hearing or a written
ob3ection to the grant of such extension within 15
days of the notice provided herein, a public hearing
before the City Council shall be held on the petition.
A written transcript shall be kept of any such hear-
ing. 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 facts
and reasons leading to the decision.
SECTION VI
Section 6.1. COMPLAINTS REGARDING VIOLATIONS. Whenever
a violation of this Ordinance occurs, or is alleged to have oc-
curred, any person may file a written complaint. Such complaint
stating fully the causes and bass 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-
ative(s) are hereby empowered and it shall be their duty to en-
force all provisions of this Ordinance.
Violation 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 alleged vio-
lator shall be issued a letter of violation asking for compliance;
failure to comply within a prescribed time shall warrant the
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issuance of an abatement notice, said notice shall be final notice
before legal action is taken by the City. Unless an extention
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, subsection,
sentence, 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 VII
Section 7.1. This Ordinance shall take effect and be
in force five (5) days from and after its passage, approval and
publication as provided by law.
ISABEL HOGAN, WOR
ATTEST:
MARIE JENSBU/ CITY CLERK
APPROVED AS TO FORM:
lrti-A-� &�1
DONALD E. MIRK, CITY ATTORNEY
PASSED the day of October, 1976.
APPROVED the �` day of October, 1976.
PUBLISHED the day of October, 1976.
I hereby certify that this is a true copy of Ordinance
No. /913 , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
(SEAL)
MARI JE SEN, C Y CLERK