Ordinance 04-030 Establishes Title 8, 25.060 Noise Regulations CITY OF SPOKANE VALLEY
SPOKANE. COUNTS WASHINGTON
ORDINANCE NO. (}4-030
AN ORDINANCE OF TEE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASTIINGTON, ESTABLISHING NOISE REGULATIONS UNDER THE MUNICIPAL
CODE FOR THE CITY OP SPOKANE VALLEY, TITLE 8, SECTION 25.060
PERTAINING TO NOISE DISTURBANCES.
1 I4.E.REAS, noise regulations are necessary to protect: the health, welfare and safety of the
public; and
WI-IEREAS, the City Council desires to establish noise regulations under the Municipal Code to
accomplish that goal;
NOW THFJ EFOR.E_., the City Council of the City of Spokane Valley, Washington, ordains as Follows;
Section 1. Intent_ The City of Spokane Valley declares that having noise regulations in the
Municipal Code are necessary to protect:the health, safety and welfare of the public, Therefore, the intent
of this Ordinance is to promote the right to quiet enjoyment of private property within the City_
Section 2. New code provisions on criminal noise regulation. There is established the
following new Section under Title 8, Chapter 2.5 of the City of Spokane Valley Municipal Code:
8.25.060 Noise Disturbance
1, it is unlawful for any person to make, continue, cause to be made, or to allow to
originate from real property in the possession of said person, any sound which creates a
noise disturbance.
For the purposes of this section, the following sounds are declared to he noise
disturbances:
A. Sounds created by use of a radio, television set, musical instrument,
sound amplifier or any other device capable of producing or reproducing sound, which
emanate frequently, repetitively or continuously from any building, structure or property
located within a residential area, and which annoy or disturb the peace, comfort or repose
of a reasonable person of normal sensitivity;
B, Any other sound occurring frequently, repetitively or continuously which
annoys or disturbs the peace, comfort or repose of a reasonable person of normal
sensitivity. This section shall not apply 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. Additionally, this section shall not apply to noises produced by
dogs, which is addressed in Spokane Valley Municipal Code 6.05.070(k)(4)_
3. Exemptions.
A. The following shall he exempt from the provisions of this chapter:
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i. Sounds created by motor vehicles when regulated by WAG
Chapter 173-62;
ii. Sounds originating from aircraft in flight and sounds that
originate at airports which are directly related to flight
operations;
iii. Sounds created by surface carrier engaged in commerce or
passenger travel by railroad;
iv. Sounds created by warning devices not operating continuously
for more than five minutes, or bells, chimes or carillons;
v. Sounds created by safety and protective devices where noise
suppression would defeat the intent of the device or is not
economically feasible;
vi. Sounds created by emergency equipment and work necessary in
the interest of law enforcement or for health, safety or welfare of
the community;
vii. Sounds originating from officially sanctioned parades and other
public events;
viii. Sounds emitting from petroleum refinery boilers during startup
of the boilers; provided, that the startup operation is performed
during daytime hours whenever possible;
ix. Sounds created by watercraft, except to the extent that they are
regulated by other City or State regulations;
x. 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 human beings
reside or sleep;
xi. Sounds originating from existing natural gas transmission and
distribution facilities;
xii. Sounds created in conjunction with public work projects or
public work maintenance operations executed at the cost of the
federal government, state or municipality;
xiii. Sounds created in conjunction with the collection of solid
wastes;
xiv. Sounds created in conjunction with military operations or
training;
xv. Sounds originating from organized activities occurring in public
parks, playgrounds, gymnasiums, swimming pools, and other
public recreational facilities during hours of operation;
xvi. Sounds originating from agricultural activities.
B. The following shall be exempt from provisions of this chapter between
the hours of seven a.m. and ten p.m.:
i. Sounds originating from residential property relating to
temporary projects for the repair or maintenance of homes,
grounds and appurtenances;
ii. Sounds created by the discharge of firearms on authorized
shooting ranges;
iii. Sounds created by blasting;
iv. Sounds created by aircraft engine testing and maintenance not
related to flight operations; provided, that aircraft testing and
Ordinance 04-030 Page 2 of 3
maintenance shall be conducted at remote sites whenever
possible;
v. Sounds created by the installation or repair of essential utility
services.
C. The following shall be exempt from the provisions of this chapter
between the hours of seven a.m. and ten p.m., or when conducted beyond one thousand
feet of any residence where human beings reside and sleep at any hour:
i. Sounds originating from temporary construction sites as a result
of construction activity;
ii. Sounds originating from forest harvesting and silvicultural
activity;
iii. 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;
iv. Sounds originating from uses on properties which have been
specifically conditioned to meet certain noise standards by an
appropriate City hearing body.
4. Violation—Misdemeanor—Penalty. Any person violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor.
Section 3. Severability. If any section, subsection, sentence or clause of this chapter is for
any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this
chapter.
Section 4. Effective date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as
provided by law.
Passed on this 9 2 day of July, 2004.
Mayor, Mic ael DeVleming
A S•':
L. ... • .` W aL '.
Eity Clerk, Christine Bainbridge
A roved As T orm: ,
-44-1,
epu City Attorney, airy P. Driskell
Date of Publication: II._.. _.i '
a
Effective Date: /, 144=f CO y
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