HomeMy WebLinkAbout54-89 - Ord. Establish Noise Control OrdinanceORDINANCE NO. 54-89
PUBLIC PEACE, SAFETY AND MORALS
NOISE CONTROL
TABLE OF CONTENTS
Section 1 Declaration Of Policy 1
Section 2 Findings 1
Section 3 Definitions 1
Section 4 Identification Of Environments 2
Section 5 Unlawful Sounds 3
Section 6 Maximum Permissible Sound Levels --General Application 3
Section 7 Deviations 3
Section 8 Daytime Exemptions 3
Section 9 Daytime Residential Exemptions 4
Section 10 Other Exemptions 4
Section 11 Proviso 4
Section 12 Public Disturbance Noises 4
Section 13 Motor Vehicle Noise Performance Standards 5
Section 14 Motor Vehicle Noise Exemptions 7
Section 15 Enforcement Of Motor Vehicle Noise Standards 7
Section 16 Watercraft Noise Standards 8
Section 17 Watercraft Noise Exemptions 9
Section 18 Enforcement Of Watercraft Noise Standards 9
Section 19 Instrumentation 10
Section 20 Ambient Conditions 10
Section 21 Measurement Equipment Preparation And Use 11
Section 22 Equipment Variation Allowances 11
Section 23 Close Proximity Exhaust System Sound Level Measurement Procedure 11
Section 24 Watercraft Sound Level Measurement Procedure 13
Section 25 Measurement Of Sound -Measurements Deemed Accurate --When 15
Section 26 Receiving Properties Within More Than One District 15
Section 27 Authority Of Sheriff 15
Section 28 Duties of Sheriff 15
Section 29 Commercial And Industrial Noise Enforced By State 15
Section 30 Enforcement By Qualified Personnel 15
Section 31 Civil Penalty 15
Section 32 Misdemeanor 16
Section 33 Abatement Proceedings --Legal Relief 16
Section 34 Ordinance Additional To Other Law 16
Section 35 Severability 16
ORDINANCE NO. 54-89
Noise Control
Section 1. Declaration Of Policy. It is the express intent of the Board of Mason County Commissioners to
minimize the exposure of citizens to adverse effects of excessive noise and to protect, promote and preserve
the public health and welfare, by controlling the level of noise in a manner which promotes the use, value
and enjoyment of property, sleep and repose, and the quality of the environment.
Section 2. Findings. The Board of Mason County Commissioners hereby finds that residential and
recreational noise is an acute problem in Mason County, requiring administration of this resolution on a
twenty -four-hour basis by qualified law enforcement personnel.
Section 3. Definitions. All technical terminology used in the ordinance, not defined in this ordinance, shall
be interpreted in conformance with the American National Standards Institute Specifications, Section 1.1-
1960 and Section 1.4-1971.
a. "Background sound level" means the level of all sounds in a given environment,
independent of the specific source being measured.
b. "dB(A)" means the sound level measured in decibels, using the "A" weighing
network.
c. "EDNA" means the environmental designation for noise abatement, being an area
(environment) within which maximum permissible noise levels are established,
as defined and described in Section 4.
d. "Gross vehicle weight rating (GVWR)" means the value specified by the
manufacturer as the loaded weight of a single vehicle.
e. "In use" motor vehicle is any motor vehicle which is used on a public highway,
except farm vehicles as defined under RCW 46.04.181.
f. "Motor Vehicle" means any vehicle which is self-propelled, used primarily for
transporting persons or property upon public highways and required to be
licensed under RCW 46.16.010. (Aircraft, watercraft and vehicles used
exclusively on stationary rails or tracks are not motor vehicles as that term is
used herein.)
g. "Motor vehicle racing event" means any competition between motor vehicles
and/or off highway vehicles under the auspices of a sanctioning body.
h. "Motorcycle" means a motor vehicle having a saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground:
except that farm tractors shall not be included.
i. "Muffler" means a device consisting of a series of chambers or other mechanical
designs for the purpose of receiving exhaust gas from an internal combustion
engine and effective in reducing sound resulting therefrom.
j. "New motor vehicle" means a motor vehicle manufactured after December 31,
1975, whose equitable or legal title has never been transferred to a person who,
in good faith, purchases the new motor vehicle for purposes other than resale.
k. "New watercraft" means a watercraft with an internal or external combustion
engine which has been manufactured after December 31, 1979, and for which
the equitable or legal title has never been transferred to a person who, in good
faith, purchases the new watercraft and/or engine for purposes other than
resale.
1. "Noise" or "Sound" means the intensity, duration and character of sounds from
any and all sources.
m. "Off -highway vehicle" means any self-propelled motor -driven vehicle not
primarily used for transporting persons or property upon public highways nor
required to be licensed under RCW 46.16.010. The term "off -highway vehicle"
shall not include special construction vehicles.
n. "Officer" or "law enforcement" means the Mason County Sheriff, his deputy or
any other law enforcement officer.
o. "Operator" means any person who is in actual physicalor electronic control of
a powered watercraft, motor vehicle, aircraft, off -highway vehicle, or any other
engine driven vehicle.
p. "Person" means any individual, firm, association, partnership, corporation or any
other entity, public or private.
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Noise Control
q. "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 persons or more persons, and its vertical
extension.
r. "Public highway" means the entire width between the boundary lines or every
way publicly maintained by the department of highways or any county or city
when any part thereof is generally open to the use of the public for purposes of
vehicular travel as a matter of right, within the jurisdiction of Mason County.
s. "Racing event" means any motor vehicle competition conducted under a permit
issued by Mason County or, if such permit is not required, then under the
auspices of a recognized sanctioning body.
t. "Real Property" means an interest or aggregate of rights in land which is
guaranteed and protected by local law. For purposes of this ordinance, the term
"real property" includes a leasehold interest.
u. "Receiving property" means real property within which sound originating from
sources outside the property is received.
v. "Shoreline" means the existing intersection of water with the ground surface or
with any permanent, shore -connected facility.
w. "Silvaculture" is a branch of forestry dealing with the development and care of
forests.
x. "Sound level" means the weighted sound pressure level measured by the use of
a sound level meter and weighted as specified in American National Standards
Institute Specifications, Sections 1.4-1971.
y. "Sound level meter" means a sound level measuring device, either Type I, S I A,
Type II, or S2A, as defined by American National Standards Institute
Specifications, Section 1.4-1971.
z. "Special construction vehicle" means any vehicle which is designed and used
primarily for grading, paving, earth moving, and other construction work; and
which is not designed or used primarily for the transportation of persons or
property on a public highway; and which is only incidentally operated or moved
over the highway.
aa. "Use" means the nature of the occupancy, the type of activity, or the character
and form of improvements to which land is devoted or may be devoted.
bb. "Warning device" means any device intended to provide public warning of
potentially hazardous, emergency or illegal activities, including but not limited
to a burglar alarm or vehicle back-up signal, but not including any fire alarm.
cc. "Watercraft" means any contrivance, excluding aircraft, used or capable of being
used as a means of transportation or recreation on water.
dd. "Waters of Mason County" including all lakes, rivers, ponds streams, inland
waters, saltwaters and all other surface waters and watercourses within the
jurisdiction of Mason County.
Section 4. Identification Of Environments. The EDNA (Environmental Designation for Noise Abatement)
of any property shall be based on the following typical uses, taking into consideration the present, future,
and historical usage, as well as the usage of adjacent and other lands in the vicinity.
a. Class A EDNA - Lands where human beings reside and sleep. Class A EDNAs
include the following types of property used for human habitation:
I) Residential,
2) Multiple family living accommodations,
3) Recreational and entertainment (e.g.,camps, parks, camping
facilities and resorts),
4) Community service (e.g., orphanages, homes for the aged, hospitals, health
and correctional facilities);
b. Class B EDNA - Lands involving uses requiring protection against noise
interference with speech. Class B EDNAs include the following types of
property:
1) Commercial living accommodations,
2) Commercial dining establishments,
3) Motor vehicle services,
4) Retail services,
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5) Banks and office buildings,
6) Miscellaneous commercial services, property not used for human
habitation,
7) Recreation and entertainment, property not used for human habitation
(e.g. theaters, stadiums, fairgrounds, and amusement parks).
8) Community services property not used for human habitation (e.g.,
educational, religious, governmental, cultural and recreational facilities);
c. Class C EDNA - Lands involving economic activities of such a nature that higher
noise levels than experienced in other areas is normally to be anticipated.
Persons working in these areas are normally covered by noise control regulations
of the Department of Labor and Industries. Uses typical of Class A EDNAs are
generally not permitted within such areas. Class C EDNAs include the following
types of property:
1) Storage, warehouse, and distribution facilities,
2) Industrial property used for the production and fabrication of durable
and nondurable manmade goods,
3) Agricultural and silvicultural property used for the production of crops,
wood products, or livestock;
d. The appropriate EDNA for properties involved in any enforcement activity will
be determined by the investigation official on the basis of criteria of (1), (2) and
(3) of this subsection.
Section 5. Unlawful Sounds. It is unlawful for any person to cause sound, or for any person in possession
of property on or off land, to permit sound originating from such property, to intrude into real property
owned or occupied by another person, whenever such sound exceeds the maximum permissible sound levels
established in the applicable sections of this ordinance.
Section 6. Maximum Permissible Sound Levels --General Application. Except where the motor vehicle noise
standards or the watercraft noise standards in this ordinance are applicable, the maximum permissible noise
levels are set forth below in the following table and are subject to any applicable deviations or exemptions
set forth in Sections 7 through 10.
EDNA OF EDNA OF
NOISE SOURCE RECEIVING PROPERTY
Class A
Class B Class C
Class A 55 dBA 57 dBA 60 dBA
Class B 57 65 65
Class C 65 70 75
Section 7. Deviations. The maximum permissible noise levels set forth in Section 6 are subject to the
following deviations.
a. At any hour of the day or night the applicable noise limitations in the previous
section above may be exceeded for any receiving property by no more than:
1) 5 dBA for a total of 15 minutes in any one -hour period; or
2) 10 dBA for a total of 5 minutes in any one -hour period; or
3) 15 dBA for a total of 1.5 minutes in any one -hour period.
Section 8. Daytime Exemption. The following shall be exempt from the provisions of this ordinance
between the hours of 7:00 a.m. and 10:00 p.m.:
a. Sounds originating from residential property relating to temporary projects for
the maintenance or repair of homes, grounds ad appurtenances;
b. Subject to Ord. 438 Subsection 2, 1975 (Fire Arms), sounds created by the
discharge of firearms;
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ORDINANCE NO. 54-89
Noise Control
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;
d. Sounds created by the installation or repair of essential utility services;
e. Sounds created by blasting.
Section 9. Daytime Residential Exemption. The following shall be exempt from the maximum permissible
noise levels set forth in Section 6:
a. Sounds originating from temporary construction sites as a result of construction
activity;
b. Sounds originating from forest harvesting, silvicultural activity, commercial
agriculture and aquaculture.
Section 10. Other Exemptions. The following shall be exempt from the maximum permissible noise levels
set forth in Section 6.
a. Sounds created by the normal operation of motor vehicles while upon public
highways. Such motor vehicles are nevertheless subject to the provisions of
Sections 13 through 15, pertaining to motor vehicle noise standards;
b. Sounds 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 fire alarms used as such;
f. Sounds created by safety and protective devices, such as relief valves, where
noise suppression would defeat the intent of the device or is not economically
feasible;
g. Sounds created by emergency equipment and work or training necessary in the
interests of law enforcement or for health, safety, or welfare of the community;
h. Sounds originating from motor vehicle racing events at existing, authorized
facilities;
i. Sounds originating from officially sanctioned parades and other public events;
j. Sounds emitted from petroleum refinery boilers during start-up of said boilers;
provided, that the start-up operation is performed during the daytime hours
whenever possible;
k. Sounds created by watercraft; provided, that such watercraft shall comply with
Mason County Ord. 83-88 (Motorboats) and Sections 16 through 18 of this
ordinance;
1. Subject to Ord. 438 Subsection 2, 1975 (Fire Arms), sounds created by the
discharge of firearms in the course of hunting at all times;
m. Sounds caused by natural phenomena and unamplified human voices;
n. Sounds caused by motor vehicles over 10,000 pounds GVW, licensed or
unlicensed, when operated off public highways;
o. Sounds caused by pigs, cattle, horses, sheep, goats, and poultry whether by
commercial or noncommercial activities.
Section 11. Proviso. Compliance with the maximum permissible noise levels set forth in this ordinance, or
exemption from their provisions as provided in this ordinance, shall not be construed as an exemption from
the provisions of this ordinance relating to public disturbances, or as a defense to any prosecution under
Section 12.
Section 12. Public Disturbance Noises. It is unlawful for any person to cause, or for any person in
possession of real or personal property to allow to originate from the property, sound that is a public
disturbance noise. The following sounds are hereby determined to be public disturbance noises:
a. Frequent, repetitive, or continuous sounds made by any animal which
unreasonably disturbs or interferes with the peace, comfort, and repose of
property owners or possessors, except that such sounds made by pigs, cattle,
sheep, horses, goats, and poultry, whether from commercial;or noncommercial
activities; and such sounds made in animal shelter, commercial kennels
veterinary hospitals, pet shops, grooming parlors or pet kennels shall be exempt
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ORDINANCE NO. 54-89
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under this subsection;
b. The frequent, repetitive or continuous sounding of any horn or siren attached
to a motor vehicle, except as a warning of danger or as specifically permitted
or required by law;
c. The creation of frequent, repetitive or continuous sounds in connection with the
starting, operation, repair, rebuilding or testing of any motor vehicle,
motorcycle, off -highway vehicle, or internal combustion engine, within a Class
A EDNA , so as to unreasonably disturb or interfere with the peace, comfort,
and repose of the community.
d. The use of a sound amplifier or other device capable of producing amplified
sound upon public streets for the purpose of commercial advertising or sales or
for attracting the attention of the public to any vehicle, structure, to the
contents therein, except as permitted by law, and except vendors whose sole
method of selling is from a moving vehicle shall be exempt from this subsection.
e. The making of any loud and raucous sound within one thousand feet of any
school, hospital, sanitarium, nursing or convalescent facility, which
unreasonably interferes with the use of such facility, or with the peace, comfort,
or repose of persons therein;
f. The creation by use of a musical instrument, whistle, sound amplifier, radio,
stereo, television or other device capable of producing or reproducing loud and
raucous sounds which emanate frequently, repetitively or continuously from any
building, structure or property located within a residential area, such as sounds
originating from a band session or social gathering.
g. Any such other sounds or actions that fall within the definition of Section 5.
Section 13. Motor Vehicle Noise Performance Standards.
a. No person shall operate any motor vehicle or any combination of such vehicles
upon any public highway under any conditions of grade, load, acceleration or
deceleration in such a manner as to exceed the maximum permissible sound
levels for the category of vehicle in Table 1, as measured at a distance of fifty
feet (15.2 meters) from the center of the lane of travel within the speed limits
specified, under procedures established by the state commission on equipment
in Chapter 204.56 WAC, "Procedures for Measuring Motor Vehicle Sound Levels."
TABLE 1
IN -USE MOTOR VEHICLE NOISE PERFORMANCE STANDARDS
Measured @ 50 feet (15.2 Meters)
Maximum Sound Level, dBA
Speed Zones
Vehicle 45mph Over Stationary
Category Effective (72 kph) 45 mph Test
(type) Date or less (72 kph)
Motorcycle
July 1, 1980 78 82 N/A
Automobiles,light
trucks and all
motor vehicles
10,000 pounds
(4536 kg) GVWR
or less
July 1, 1980
72 78
35 mph Over
(56kph) 35mph
or less (56kph)
N/A
All motor vehicles
over 10,000 pounds
(4536 kg) GVWR June 1, 1980
86 90 86
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b. Every motor vehicle operated upon the public highways shall at
all times be equipped with an exhaust system and a muffler in
good working order and constant operation to prevent excessive
or unusual noise.
c. No person shall operate a motor vehicle in such a manner as to
cause or allow to be emitted squealing, screeching or other such
noise from the tires in contact with the ground because of rapid
acceleration or excessive speed around corners or other such
reason, except that noise resulting from emergency braking to
avoid imminent danger shall be exempt from the provision.
d. No person shall operate any motor vehicle upon any public
highway if the vehicle exhaust system exceeds the maximum
permissible sound levels of Table II for the category and year of
vehicle, as measured at a distance of twenty inches (0.5 meter)
from the exhaust outlet under procedures established by the state
commission on equipment in Chapter 204-56 WAC, "Procedures
for Measuring Motor Vehicle Sound Levels."
TABLE II
IN -USE MOTOR VEHICLE EXHAUST SYSTEM NOISE PERFORMANCE
STANDARDS MEASURED @ 20 INCHES (0.5 METER)
Vehicle Maximum Sound
Category Model Year Level, dBA
(type)
Motorcycles
All 99
Automobiles, light trucks All 95
and all other motor
vehicles 10,000 pounds
(4536 kg) GVWR or less
f. No person shall sell or offer for sale a new motor vehicle except
an off -highway vehicle, which produces a maximum noise
exceeding the noise levels in Table III at a distance of fifty feet
(15.2 meters) under acceleration test procedures established by the
state commission on equipment in Chapter 204-56 WAC,
"Procedures for Measuring Motor Vehicle Sound Levels."
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TABLE III
MAXIMUM SOUND LEVELS FOR NEW MOTOR VEHICLES
MEASURED @ 50 FEET (15.2 METERS)
Vehicle
Category Date of
(type) Manufacture
Maximum Sound
Level, dBA
Any motor vehicle before January 1, 1978 86
over 10,000 pounds after January 1, 1978 83
(4536 kg) GVWR after January 1, 1982 80
excluding buses
All buses over after January 1, 1980 85
10,000 pounds after January 1, 1983 83
(4536 kg) GVWR after January 1, 1986 80
Motorcycles
after January 1, 1976 83.
after January 1, 1986 80
Automobiles, light after January 1, 1976 80
trucks and all other
motor vehicles 10,000
pounds (4536 kg) GVWR
or less
Section 14. Motor Vehicle Noise Exemptions. The provisions of Section 13 shall not apply to
noise caused by auxiliary equipment on motor vehicles used for highway maintenance, nor to
noise caused in the performance of emergency work for the immediate safety, health, or
welfare of the community or of individuals of the community, or to restore property to a safe
condition following a public calamity.
Section 15. Enforcement Of Motor Vehicle Noise Standards.
a. Measurements shall be made with a sound level meter meeting
Type I, S1A, Type II or S2A requirements as specified in the
American National Standards Institute Specifications for Sound
Level Meters S1.4-1971 as required under measurement procedures
established in Chapter 204-56 WAC, "Procedures for Measuring
Motor Vehicle Sound Levels."
b. Violation of any in -use motor vehicle noise standard set forth in
this ordinance shall be a traffic infraction, enforced by such
authorities and in such manner as violations of Chapter 46.37
RCW.
c. Law enforcement personnel selected to measure vehicle sound
levels shall have received training in the techniques of sound
measurement and the operation of sound measuring instruments.
d. Any enforcement officer who by use of the initial inspection
procedures of Chapter 204-56 suspects that a motor vehicle may
be in violation of the standards of this ordinance any require the
operator to have the vehicle presented for sound level
measurement. Measurements of a motor vehicle may be
performed at off -road sites to determine compliance with the in -
use standards.
e. Any operator who fails to comply with the directive to present the
vehicle to a sound level measurement test shall be in violation
of this ordinance.
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f. Any seller, importer, or manufacturer who sells or offers for sale
a motor vehicle which violates the standards in Section 13 shall
be subject to a civil penalty not to exceed one hundred dollars
($100.00). Every motor vehicle sold or offered to sale shall
constitute a separate violation.
Section 16. Watercraft Noise Standards.
a. Any watercraft operated on the waters of Mason County shall be
equipped with a muffler which shall be maintained in proper
working condition. Any of the following defects in the muffling
system shall constitute a violation of this regulation:
1) The absence of a muffler;
2) The presence of a muffler cut-out, bypass, or similar
device which is not standard or normal equipment for the
exhaust system being inspected;
3) Defects in the exhaust system including, but not limited
to, pinched outlets, holes, or rusted -through areas of the
muffler or pipes;
4) The presence of equipment which will produce excessive
or unusual noise from the exhaust system.
b. No person shall operate any watercraft on the waters of Mason
County in such a manner as to exceed the following maximum
noise limits when measured at the shoreline or anywhere within
a receiving property;
1) At any hour of the day or night, the limit for any
receiving property shall be 74 dBA;
2) Between sunset and sunrise, the limit for a Class A EDNA
receiving property shall be 74 dBA;
c. Enforcement of the above standards shall be undertaken only
upon receipt of a complaint made by a person who resides, owns
property, or is employed in the area affected by the noise
complained of, except for persons in parks, recreational areas, and
wildlife sanctuaries.
d. Any watercraft operated on the waters of Mason County shall not
exceed the following maximum noise limits when measured at a
distance of less than fifty feet from the closest point of the
watercraf t's hull according to procedures established in Section
26, "Watercraft Sound Level Measurement Procedure."
1) For watercraft and engines manufactured before January
1, 1980, a noise level of 84 dBA;
2) For watercraft and engines manufactured after January
1, 1980, a noise level of 82 dBA;
3) For watercraft and engines manufactured after January
1, 1984, a noise level of 80 dBA.
e. Any watercraft operated on the waters of Mason County shall not
exceed the following maximum noise limits when measured at a
distance of twenty inches (0.5 meter) from the exhaust outlet
according to procedures established in Section 25, "Close
Proximity Exhaust System Sound Level Procedure." These
standards shall not apply to exhaust systems which utilize the
introduction of water to the exhaust gas flow, or systems which
exhaust the gas directly into water.
1) For watercraft and engines manufactured before January
1,1980, a noise level of 98 dBA;
2) For watercraft and engines manufactured after January
1, 1980, a noise level of 96 dBA;
3) For watercraft and engines manufactured after January
1, 1984, a noise level of 94 dBA.
f. No person shall sell or offer for sale a new watercraft or new
watercraft engine for use in any existing watercraft which
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exceeds the following maximum noise limits when measured
according to the procedures of the society of automotive
engineer's recommended practice, SAE-J34.
1) For watercraft and engines manufactured after January
1, 1980, a noise level of 82 dBA;
2) For watercraft and engines manufactured after January
1, 1984, a noise level of 80 dBA.
Section 17. Watercraft Noise Exemptions.
a. Normal docking, undocking, and water skier pick-up and drop-
off operations of all watercraft shall be exempt from the
provisions of Section 16 (2).
b. The following sounds shall be exempt from all provisions of
Section 16;
1) Sounds created by the operation of commercial and non -
recreational watercraft. These commercial activities
include, but are not limited to, tugboats, fishing boats,
ferries, and vessels engaged in intrastate, interstate or
international commerce;
2) Sounds created by safety and protective devices where
noise suppression would defeat the intent of the device;
3) Sounds created by a warning device not operating
continuously for more than five minutes;
4) Sounds created by emergency equipment for emergency
work necessary in the interests of law enforcement or for
the health, safety, and welfare of the community;
5) Sounds created by auxiliary equipment operated on
watercraft for the purposes of dredging, pile driving,
operation of a marina, clam and oyster harvesting are
exempt; however, such operations are not exempt from
requirements of Section 6.
c. The provisions of Section 16 shall not apply to motorboats
competing under a Mason County or United States Coast Guard
permit in a regatta, in a boat race, while on trial runs, or while
on official trails or speed record during the time and in the
designated area authorized by the permit. In addition, motorboats
preparing for an officially sanctioned race or regatta are exempt
if authorized by a permit issued by Mason County.
d. Nothing in these exemptions are intended to preclude Mason
County from requiring installation of the best available noise
abatement technology consistent with economic feasibility.
Section 18. Enforcement Of Watercraft Noise Standards.
a. Measurements shall be made with a should level meter meeting
type 1 or type 2 standards as specified in the American Standards
Institute Specifications S1.4-1971 to document violations for final
enforcement actions under measurement procedures established
in Sections 19 through 24.
b. Any law enforcement officer or noise control enforcement
personnel shall be competent in the use of sound measuring
equipment. The personnel shall be trained by the Sheriff's
Department, or by a person certified by a state agency, in the use
of watercraft sound level measurement procedures established in
Sections 19 through 26. Any enforcement personnel who by use
of the initial inspection procedure of Section 25 suspects that a
watercraft may be in violation of the standards of this ordinance,
shall require the operator to submit to a measurement of the
sound level of the watercraft according to the procedures of
Sections 19 through 26; provided, that the enforcement personnel
shall have discretion in determining whether measurement would
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occur under unsafe conditions. Weather, water conditions,
operator competence, and similar considerations shall be taken
into account. If conditions are unsafe, measurement shall not be
required. Shoreline measurements shall be made under any
conditions, except as provided in Section 21, "Ambient
Conditions."
c. Any operator who fails to comply with the directive to submit to
a sound level measurement shall be in violation of this ordinance.
d. Any person operating a watercraft found in violation of the
established noise levels of this ordinance shall be subject to a
civil penalty not to exceed one hundred ($100.00) per day of
violation.
e. Any seller, importer, or manufacturer who violates the standards
in Section 16 shall be subject to a civil penalty not to exceed one
hundred ($100.00). Each watercraft or engine offered for sale
or sold shall constitute a separate violation.
Section 19. Instrumentation. The following instrumentation and equipment shall be used for
the measurement procedures established in this ordinance:
a. Sound Level Meter. The sound level meter shall meet the Type 1,
Type 2, and Type 3 requirements of ANSI S1.4-1971. The meter
weighing and response mode will be set as required in the specific
procedure used. The sound level meter shall be returned to the
manufacturer or a qualified laboratory at least once a year, to be
calibrated to standards traceable to the National Bureau of
Standards. Type 1, Type 2, and Type 3 sound level meters shall
be used for any initial inspection procedures, but only Type 1 or
Type 2 sound level meters shall be used for the measurement of
sound levels for enforcement purposes.
b. Sound Level Calibrator. An acoustically coupled calibrator shall
be used periodically to assure the accuracy of the sound level
meter and microphone. The calibrator shall be returned to the
manufacturer or a qualified laboratory at least once a year to
be calibrated to standards traceable to the National Bureau of
Standards.
c. Tachometer. The tachometer shall be either one of two types:
electric or vibrating reed. The electric tachometer shall be an
inductive pickup type for easy attachment to any spark plug
cable, contain its own internal power supply, and shall meet SAE
J197 specification for power off -road electric tachometers. The
vibrating reed tachometer shall be designed for use on any
internal combustion engine. Calibration accuracy for both types
of tachometers shall be at least +3 percent of full scale reading.
All tachometers shall be calibrated at least once a year in
accordance with the manufacturer's calibration procedures.
d. Windscreen. A windscreen of open cell foam, cloth, or other
acoustically invisible material as shall be provided by the
manufacturer, shall be placed over the microphone to protect it
from moisture, exhaust gases and wind effects.
e. Anemometer. An anemometer shall be used periodically during
measurements to test the wind speed.
Section 20. Ambient Conditions. The following ambient conditions shall be observed during
measurements and shall determine whether testing is to occur or not:
a. Wind. Sound level measurements shall not be made when the wind
speed is in excess of:
1) Twenty mph (32 km/hr) for the close proximity test,
Section 25:
2) Twelve mph (19 km/hr) for all other tests.
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b. Precipitation. Sound level measurement shall not be made when
precipitation is falling in such a way as to affect the equipment
or the measurement readings.
c. Background Sound Level. Sound level measurements shall not be
when the difference between the background sound level and the
level of the measured sound source is less than 10 dBA, unless the
measurement personnel are technically qualified to
logarithmically subtract the background level from the measured
source's sound level.
Section 21. Measurement Equipment Preparation And Use.
a. Battery Check. A battery check shall be conducted on all
instruments before field calibration and measurement.
b. Calibration. Sound level meters shall be field calibrated (using
procedures described in the manufacturer's instruction manual)
at the beginning and end of each measurement period, and at
intervals not exceeding two-hour period.
c. Microphone Orientation. The microphone shall be oriented with
respect to the sound source as described in the manufacturer's
instruction manual.
Section 22. Equipment Variation Allowances. Due to unavoidable variations in measurement
sites and test instruments, the following allowances shall be made for the respective sound
level meters:
+1 dBA
±2 dBA
for Type 1 sound level meters
for Type 2 sound level meters
This tolerance value shall be applied, after all necessary calculations have been made,
to the final reported sound level for the measured sound source.
Section 23. Close Proximity Exhaust System Sound Level Measurement Procedure. This
section establishes specific procedures for the measurement of sound levels from exhaust
systems at a distance of twenty inches (90.5 meters) from the exhaust outlet. The procedures
of subsections (c.), (d.) and (e.) of this section shall not be used for exhaust systems which
utilize the introduction of water to the exhaust gas flow for the purpose of muffling the
exhaust noise levels, or systems which exhaust the gas flow directly into water.
a. For the purposes of this section "vehicle" means any motor driven
contrivance used as a means of transportation or recreation off
of public highways.
b. Initial Inspection. An initial inspection of the vehicle exhaust
system shall be conducted to determine if the following defects
or modifications exist:
1) The absence of a muffler;
2) The presence of a muffler cut-out, bypass, or similar
device which is not standard or normal equipment for the
exhaust system being inspected;
3) Defects in the exhaust system including, but not limited
to, pinched outlets, and holes or rusted through areas of
the muffler or pipes;
4) The presence of equipment which will produce accessible
or unusual noise from the exhaust system.
c. If the above defects are observed and are a violation of the
muffler integrity standards established for the type of vehicle
which is being inspected, then a citation shall be issued in
accordance with the enforcement section of this noise ordinance.
d. An evaluation of the vehicles sound level shall also be made by
the enforcement officer, using the human ear as a sensing device.
e. If the exhaust noise is discernibly louder than the engine noise,
or if any of the defects or modifications described above exist but
are not violations of applicable regulations, the enforcement
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ORDINANCE NO. 54-89
Noise Control
officer shall request the vehicle operator to submit the vehicle to
any measurement procedures described in this ordinance which
are applicable to the type of vehicle being inspected. If the
operator refuses to submit the vehicle to these measurement
procedures, he shall be in violation of this ordinance.
f. Test Site and Instrumentation Set Up. The test site and
instrumentation shall be set up as follows:
1) The test site shall be a flat, open area free of large, sound -
reflecting surfaces (other than the surface on which the
vehicle is resting), such as signboards, buildings, large
docks, hillsides, or other vehicles, located within a sixteen -
foot (5 meter) radius of the vehicle being tested and the
location of the microphone. The vehicle shall not be on a
hoist, rack, or over a pit. Testing shall not occur within
a shop or building. Nobody shall stand in the measurement
area, except the observer and the vehicle operator.
2) The microphone shall be at the same height as the center
of the exhaust outlet if possible, but not closer to any
surface than eight inches (0.2 meter). The microphone
shall be positioned with its longitudinal axis parallel to
the ground, twenty ± one inches (0.5 meter) from the edge
of the exhaust outlet, and forty-five + ten degrees from
the axis of the outlet. For exhaust outlets located inboard
from the vehicle body, the microphone shall be located at
the above specified angle and at least eight inches (0.2
meter) from the nearest part of the vehicle.
g. For vehicles provided with exhaust outlets spaced more than
twelve inches (0.3 meter) apart, measurements shall be made for
each outlet as if it were the only one, and the highest level shall
be recorded. If the exhaust outlets are less than twelve inches
(0.3 meter) apart, a single measurement shall be made for any one
of the outlets.
h. For vehicles with a vertical exhaust, the microphone shall be
placed at a height of forty-eight ± two inches (1.2 meter). It's
axis shall be vertical and oriented upwards. It shall be placed at
a distance of twenty + one inches (0.5 meter) from the side of the
vehicle nearest the exhaust outlet.
For vehicles with the exhaust system outlet near the engine, the
engine hood (if one exists) should be closed as much as possible
to reduce engine noise.
j. If a measuring device is attached to the exhaust outlet and
microphone to maintain proper distance, insure that no vibrations
from the vehicle shall be transmitted to the instrument.
k. Vehicle Operation. The vehicle shall be operated as follows:
1) Controlled Ignition Vehicles. The engine shall be operated
at a normal operating temperature with transmission in
park or neutral. Sound level measurements shall be made
at three -fourths (75 percent) of the RPM for rated
horsepower ± one hundred RPM of meter reading.
2) Vehicles with Motorcycle Engines. The engine shall be
operated at normal operating temperatures with the
transmission in neutral. If no neutral is provided, the
vehicle shall be operated either with the rear wheel or
wheels two to four inches (5-10 centimeters) clear of the
ground, or with the drive chain or belt removed. The
sound level measurement shall be made with the engine
speed stabilized at one of the following values:
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ORDINANCE NO. 54-89
Noise Control
a) If the engine data is available, test the
vehicle at one-half (50 percent) of the RPM
for maximum rated horsepower ± one
hundred RPM.
b) If the engine data is not available, and if
the vehicle has a tachometer showing the
manufacturer's recommended maximum
engine speed ("Red Line"), test the vehicle
at sixty percent of the "Red Line" RPM +
one hundred RPM.
c) If the engine data and red line RPM are not
available, test the vehicle at:
(1) Three thousand five hundred
± one hundred RPM for
engines with total cylinder
displacement between zero to
nine hundred fifty cc (0-58
in.).
(2) Two thousand eight hundred
RPM + one hundred RPM for
engines with total cylinder
displacement greater than
nine hundred fifty cc (58 in.).
(3) Diesel Engine Vehicles. The
engine shall be operated at
normal operating temperatures
with transmission in park or
normal operating temperatures
with transmission in park or
neutral. Sound level
measurements shall be made
at the vehicle's maximum
governed no-load speed. If
the engine is not provided
with a governor, the vehicle
shall be operated in the same
manner as a vehicle with a
controlled ignition.
1. Measurement. The exhaust system sound level shall be measured
as follows:
1) The sound level meter shall be set for slow response and
on the "A" weighing scale.
2) The sound level meter shall be observed during the full
cycle of engine acceleration -deceleration. The recorded
sound level shall be the highest value obtained at the
appropriate, constant engine speed as specified in
subsection (d.) of this section, and shall exclude peaks due
to unrelated ambient noise, engine noise, or extraneous
impulsive -type noise.
3) At least two measurements shall be made, and the reported
sound level shall be the average of the two highest
readings which are within one dBA of each other.
Section 24. Watercraft Sound Level Measurement Procedure. This section establishes specific
procedures for the measurement of watercraft sound levels.
a. Initial Inspection. An initial inspection may be made to
determine if the watercraft shall be required to undergo the pass -
by measurement described in subsections (cc.) (c.), and (d.) of this
section.
1) A Type 3 or better sound level meter shall be used to
measure the sound level of any watercraft. The
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ORDINANCE NO. 54-89
Noise Control
microphone shall be located in a boat or on a dock and no
closer than (2) two feet from any surface of the boat or
dock.
2) The watercraft shall be measured as it passes at a distance
not less than (50) fifty feet from the microphone.
3) The enforcement officer shall require the watercraft
operator to submit to a pass -by or exhaust system sound
level measurement if the initial inspection level is within
2 dBA or, or greater than, the levels established in Section
16.
b. Test Site and Instrumentation Set-up. The test site and
instrumentation shall be set up as follows:
1) The test site shall be a calm body of water, large enough
to allow full -speed pass-bys. The area around the
microphone and boat shall be free of large obstructions,
other than the deck or platform on which the microphone
is standing, such as buildings, boats, hills, large piers,
breakwater, etc., for a minimum distance of one hundred
feet (30 meters). Three markers (buoys or posts) shall be
placed in line, fifty feet (15 meters) apart, to mark the
course the boat is to follow while being tested.
2) The sound level meter shall be a Type 2 or better. The
microphone shall be placed fifty feet (815 meters) from the
line determined by the three markers, normal to the line
and opposite the center marker. It shall also be placed
four to five feet (1.2-1.5 meters) above the water surface
and no closer than two feet (0.6 meter) from the surface
of the deck or platform on which the microphone stands,
as near to the end of the deck or platform as possible or
overhanging the end of the deck or platform as possible.
c. Watercraft Operation. The watercraft shall pass within one to
three feet (0.2-0.9 meter) on the far side of all three markers, on
a straight course.
1) Watercraft which weigh less than seven thousand pounds
gross weight shall be operated according to the following
procedure. The watercraft shall approach the first marker,
the engine shall be immediately accelerated to its full
throttle RPM range. The watercraft shall continue to
accelerate until its bow passes the third marker.
2) Watercraft which weigh less than seven thousand pounds
or more gross weight shall be operated at the midpoint of
the manufacturer's recommended maximum continuous (or
"cruise) RPM range, ± one hundred RPM. The watercraft
shall be at this speed when it passes the first marker, and
shall continue to operate at this speed until its bow passes
the third marker.
d. Measurement. The watercraft sound level shall be measured as
follows:
1) The sound level meter shall be set for fast response and on
the "A" weighing scale.
2) The meter shall be observed during the entire pass -by. The
applicable reading shall be the sound level obtained as the
stern of the watercraft passes the middle marker. Peaks
due to unrelated ambient noise, water noise from waves or
wakes, propeller cavitation noise, or extraneous impulsive -
type noise shall be excluded. At least two measurements
shall be made for each side of the watercraft. All values
shall be recorded.
3) The sound level for each side of the watercraft shall be the
average of the two highest readings which are within 1
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ORDINANCE NO. 54-89
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dBA of each other, rounded to the nearest 0.5 dBA. The
reported sound level shall be that of the loudest side of the
watercraft.
e. New watercraft shall be tested according to the specifications of
the SAE J34 measurement procedure.
Section 25. Measurement Of Sound -Measurements Deemed Accurate --When. If the
measurement of sound is made with a sound level meter, it shall be an instrument in good
operating condition and shall meet the requirements for a Type I, S1A, Type II or S2A
instrument, as described in American National Standards Institute Specifications, Section 1.4-
1971. The sound level meter shall be calibrated before and after each noise complaint
investigation. The calibration device shall be periodically tested for accuracy. Records shall
be kept of such calibration and testing, and filed with the Mason County Sheriff's
Department, and if it appears from such records that the calibrator has been regularly tested
and that the sound level meter has been calibrated properly before the reading, the reading
shall be deemed accurate. Failure to make such records shall not create any presumption or
be admissible for any purpose in any proceeding for enforcement of the ordinance.
Section 26. Receiving Properties Within More Than One District. Where a receiving property
lies within more than one EDNA, the maximum permissible sound level shall be determined
by the EDNA within which the measurement is made. The enforcing officer shall make the
measurement on receiving property in the following order of preference: Class A EDNA,
Class B EDNA, Class C EDNA.
Section 27. Authority Of Sheriff. The Mason County Sheriff is authorized and directed to
administer and enforce the provisions of this ordinance. Upon request by the Sheriff or his
deputies, all other county departments and divisions, including the Mason County Board of
Health are authorized to assist them in enforcing this ordinance. The Sheriff is authorized
to assist Mason County Health Department enforcement of any subsequent noise control
ordinance adopted by the department.
Section 28. Duties of Sheriff. The duties of the Sheriff shall include, but are not limited to:
a. Enforcement of the provisions of this ordinance except as
provided in Section 30;
b. Training Deputy Sheriffs as field inspectors;
c. Purchasing measuring instruments and training deputies in their
calibration and use;
d. Investigating citizens' noise complaints;
e. Assisting citizens and county departments in evaluating and
reducing the noise impact of their activities;
f. Reviewing at least every three years the provisions of this
ordinance and recommending revisions consistent with technology
to reduce noise.
Section 29. Commercial And Industrial Noise Enforced By State. With the exception of public
disturbnce, motor vehicle and watercraft noise as treated in Sections 12, 13 and 16, noises
created by industrial and commercial sources are to be enforced by the State of Washington
until local regulation governing such noises are in effect.
Section 30. Enforcement By Qualified Personnel. Except as provided in Section 29, noise
complaints may be investigated, and the public disturbance provisions of this ordinance may
be enforced by the Mason County Sheriff or any duly appointed Deputy Sheriff. Subject to
Section 29, the maximum permissible noise level provisions of this ordinance may be enforced
by the Sheriff or any Deputy Sheriff if qualified to operate a sound level meter.
Section 31. Civil Penalty. In addition to or an alternative to any other judicial or
administrative remedy provided by law or other regulation, resolution, ordinance or this
ordinance, any person who violates any provision in this ordinance, or by each act of
commission or omission procures, aids or abets such violation shall be subject to a civil penalty
in an amount of thirty ($30.00) for the first such violation. The penalty shall be one hundred
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Noise Control
($100.00) for the second such violation and two hundred fifty ($250.00) for the third and each
subsequent violation of the same regulation within any one-year period.
Section 32. Misdemeanor. In addition to or as an alternative to any other judicial or
administrative remedy provided by law or other regulation, resolution or ordinance, any
person who:
a. Violates any provision of this ordinance, or by each act of
commission or omissions procures, aids, or abets such violation;
and who
b. Refuses to stop and/or abate such violation when it is reasonably
within his power to do so;
c. When so requested by a properly identified Sheriff, Deputy
Sheriff, or other law enforcement officer; shall be guilty of a
misdemeanor and punished as provided in Mason County Ord.767.
This section shall be in addition to or alternative to any other penalty provided by law or
failure to obey the lawful demands of a law enforcement officer.
Section 33. Abatement Proceedings --Legal Relief. Notwithstanding the existence or use of
any other remedy, an officer may, through the Mason County Prosecuting Attorney, seek legal
or equitable relief to enjoin any acts or practices or abate any conditions which constitute or
will constitute a violation or any provision of this ordinance.
Section 34. Ordinance Additional To Other Law. The provisions of this ordinance shall be
cumulative and nonexclusive and shall not affect any other claim, cause of action or remedy;
nor, unless specifically provided, shall it be deemed to repeal, amend or modify any law,
ordinance or regulation relating to noise, but shall be deemed additional to existing legislation
and common law on noise.
Section 35. Severability. If any portion of this ordinance to its application to any person or
circumstance is held invalid, the remainder of this ordinance or its application of any
provisions to other persons or circumstances is not affected.
DATED and to become effective this 27th day of June, 1989.
ATTEST:
k of the Board
TO FORM:
FA
Mason County Prosecutor
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
An
Michael D. Gibson, Commissioner
Ze)t:4
William O. Hunter, Commissioner
16