ORDINANCE NO.
AN
ORDINANCE
WASHINGTON,
OF
THE
CITY OF
AMENDING
11f;;'F--_
BONNEY LAKE,
CHAPTER
PIERCE
COUNTY,
9.44 OF THE BONNEY LAKE
703, RELATING TO PUBLIC
MUNICIPAL CODE AND ORDINANCE NO.
DISTURBANCE NOISES.
WHEREAS, the City of Bonney Lake continues to experience population growth and
increased density, with corresponding increases in residential, commercial and industrial
construction projects throughout the City; and
WHEREAS, the City has recently received complaints regarding construction activities,
including accompanying noise and roadway congestion, conducted during evenings, on weekends,
or under such other circumstances as to unreasonably disturb citizens; and
WHEREAS, the City code currently exempts construction noise from noise regulations;
and
WHEREAS, the City desires to include construct noise within the coverage of its noise
regulations;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BONNEY LAKE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section
1. BLMC section 9.44.010 and Ordinance No. 703 § 2 are hereby amended to
read as follows:
9.44.010
Public disturbance noises.
A. It is unlawful for any person knowingly to cause or make, or for any person in
possession of property knowingly to allow or permit to originate from the property, a
public disturbance noise which unreasonably disturbs another. The following sounds are
determined to be public disturbance noises:
1. The frequent, repetitive or continuous sounding of any horn or siren attached to a
motor vehicle, motorcycle, heavy construction equipment. or off-highway vehicle, except as
a warning of danger or as specifically permitted or required by law;
2. The creation of frequent, repetitive or continuous sounds in connection with the
starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, heavy
construction equipment. off-highway vehicle or internal combustion engine within a
residential district, so as to unreasonably disturb or interfere with the peace, comfort and
repose of others, including owners or possessors of real property;
3. Yelling, shouting, hooting, whistling or singing, including also on or near the public
streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time and place
so as to unreasonably disturb or interfere with the peace, comfort and repose of others,
including owners or possessors of real property;
4. The creation of frequent, repetltlve or continuous sounds which emanate from any
building, structure, apartment, condominium, or property which unreasonably interferes
with the peace, comfort and repose of others, including owners or possessors of real
property, such as sounds from construction activities. musical instruments, audio sound
systems, band sessions or social gatherings;
5. Sound from any motor vehicle audio sound system, such as tape players, radios and
compact disc players, operated at volumes so as to be audible greater than 50 feet from the
vehicle itself or which unreasonably interferes with the peace, comfort and repose of
others, including owners or possessors of real property;
6. Sound from portable audio equipment, such as tape players, radios and compact disc
players, operated at a volume so as to be audible greater than 50 feet from the source, or
which unreasonably interferes with the peace, comfort and repose of others, including
owners or possessors of real property;
7. Sounds, including but not limited to frequent, repetitive, or continuous sounds from
any bird, animal, fowl or other creature which howls, yelps, whines, barks or makes other
noises so as to unreasonably disturb or interfere with the peace, comfort and repose of
others, including owners or possessors of real property.
B. The following sounds are exempt from the provisions of this chapter:
1. Sounds emanating from regularly scheduled events at parks, such as public address
systems for baseball games or park concerts;
2. Sounds originating from aircraft in flight and sounds that originate at airports and are
directly related to flight operations;
3. Sounds created by safety and protective devices, such as relief valves, where noise
suppression would defeat the safety release intent of the device;
4. Sounds created by fire alarms;
5. Sounds created by emergency equipment and emergency work necessary in the interest
of law enforcement or, of the health, safety or welfare of the community;
6. Sounds created by auxiliary equipment on motor vehicles used for highway
maintenance;
7. Sounds created by warning devices not operated continuously for more than 30 minutes
per incident;
8. Sounds created by the operation of equipment or facilities of surface carriers engaged in
commerce by operating on the railroad;
9. Sounds created by eonstruetion or refuse removal equipment as approved by the city;
10. Sounds originating from officially sanctioned parades and other public events, and
sounds originating from officially sanctioned school events;
11. Sounds (not including horns or sirens) created by motor vehicles while being driven
upon the public highways. Such motor vehicles are, nevertheless, subject to the provisions
of Chapter 173-62 WAC;
12. Sounds created by unamplified human voices from 7:00 a.m. to 9:00 p.m., except as
otherwise provided in subsection (A)(3) of this section;
13. Sounds created by lawfully established commercial and industrial uses; and
14. Sounds created by the operation of chain saws from 7:00 a.m. to 9:00 p.m.
2. If any section, sentence, clause or phrase of this ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section
3. This Ordinance shall take effect and be in force five days from and after its
passage, approval and publication as required by law.
Section
PASSE D by the City Council and approved by
9"V/lL.-tLk{fo::::
_
ATTEST:
APPROVED AS TO FORM:
1-f- L4
Passed:
Valid:
Published: /-11-0 a,
Effective Date: /-
/V�O�
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200�
RPR 23
'01
P.1
09:41RM DIONNE & RORICK
AT TOINll\'1i AT LAW
(206) 622-020]
(206) 2iB-2003
-DIONNE
H�o WELLS FARGO CIiNTSR
TEL
999 THlap �VBNt11!
MX
SE4TrLE WASHINGTON 98104
attorncys$dlQnne-rorick,&olll
.
'.. RORICI(
TRANSMITTAL
To
F'I'Om
Gayle Butcher
City of Bonney I..alre
Post Office Box 7380
Jeffrey Ganson
Dionne &. Rorick.
ieff@dionne1'orick,cotn
B onney Lake, Wa.shington 98390
(253) 862·8602 x615
Tel
Fax (253) 861-8538
Dare
Apri123, 2001
Page.s
1 including cover
o U.S. Mail
Noise Ordinance
o Messenger
Re
Comments
Via
• Facsimile
believe that RCW 70.107.060(3) and WAC 173-60·110(2) requite submission of the
noise ordinance amendment to the Department of Ecology. If Ecology fails to approve or
disapprov� the change within 90 days of submission, it is deetned approved. Therefore, the
Council could either wait until Ecology considers the ordinance before approving it. or
approve it with an effective date conditional on DOE a.pproval. Sinc(! the second option does
not provide the public with a known e ffe ctive date, I would. recommend the first. Let me know
.
if you have any questions.
Gayle, I
The information
in this tTansmitt(1L is Pri'lJilegeci. and confidential It u intended onl1 for the we of the
net:md above. If 10U 1eceivea. this message in error, �ou are notified that an1 dissemination,
d15tribution aT copying of this communication is prohibited. PletLse nob" W by telephone and retum r�
original message to us b; mail to the ablXie address (at our cost). 'Thank ,au.
recipient
.
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
P.O. Box 47600 • Olympia, Washington 98504-7600
(360) 407-6000 • TDD Only (Hearing Impaired) (360) 407-6006
September 27, 2001
\O\S\o \
Gale Butcher
City of Bonney Lake
P.O. Box 7380
19306 Bonney Lake Blvd.
Bonney Lake, WA 98390-0944
Dear Ms. Butcher:
Thank you for providing the Department of Ecology (Ecology) with a copy of Ordinance
No. 876 for the City of Bonney Lake. Ecology no longer has resources with which to
review or enforce City or County ordinances for completeness and consistency with the
State Noise Control Act (Ch.70.107 RCW) and the rules adopted pursuant to it.
Although the statute requires that noise ordinances be submitted to Ecology for review
and approval, we no longer review locally enacted ordinances. After ninety days
(pursuant to Ch.70.107.060 RCW) you may consider your ordinance "approved" by
Ecology.
Additionally, it should be noted that under the 1987 Amendments to Chapter 70.107
RCW, local governments now have authority to enforce noise regulations adopted by
Ecology.
Please contact me if you have any questions.
Sincerely,
fu£1re1�
Scott Boettcher
Department of Ecology
Permit Assistance Center
(360) 407-7564
City of Bonaey Lake, WuhiagtoB
Council Agenda BiD (e.A.B.) Approval Fof"lll
Del!!rtmeatlStaff Coata£t:
�sII MIl"u lite;
.ii._
.L
"YJIi,k
�OIIIII@I!!JI- SpetIpF:
January 8, 2002
RaohitiH N••ber:
Q,nUnaDce Number:
.... I... �·
s. Bricker
876
BUDGET INFORMATON
2001 Badaet Amoaat
Reqnired ESp!Ddltare
ImDlct
Rem"_' B.luee
Em...•doD:
6&!Dsja 8abieet:
Amending Chapter 9.44 of tile Bonney Lake Municipal Code and Ordinance No. 703 relating to
Public Distw"bance Noises
B.cken.ad SaD8Iary:
C_dI C.-H_ DI_
FiDIDoe CmwniUeo::
C-.bd.. ...
PIImina CcmmI....
Public SIdilty Commluee: 21S1, 31S1OI
Civil 8crYice CammilIIim:
•
C«nmuoity Development 4; P!enoiDa
Ccmmittce:
CoundI WorbIw:Ip: Sa. 1013,
IDd 21S1OO and 4111101
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Put Boad:
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