HomeMy WebLinkAboutITEM VIII-A-4
AGENDA BILL APPROVAL FORM
Agenda Subject: Amendment to ACC section 8.28.010 - Noise Control Date: 04/17/2006
Department: Planning I Attachments: Ordinance No. 6017 Budget Impact:
Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6017.
Background Summary:
Earlier this year, the Auburn City Council received public comment regarding noise associated with a
construction site and impacts to adjacent residential uses. In response to that public comment, the
Planning and Community Development (PCD) Committee reviewed the City's noise regulations.
At its April 1 0, 2006 meeting, the PCD Committee recommended that City Council approve proposed
Ordinance No. 6017 (attached). In summary, proposed Ordinance No. 6017 takes the following
approach:
- Sounds originating from construction sites in the City's predominately single family zones (R1, R2,
R3, LHR1, LHR2, LHR3 and PUD) shall be limited between the hours of 7:00 pm and 7:00 a.m. on
weekdays, and 6:00 p.m. and 9:00 a.m. on Saturday and Sunday.
In all other areas of the City, the hours are unchanged from the existing code requirements (10:00
p.m. and 7:00 a.m. on any day of the week except Sunday, and 10:00 p.m. and 9:00 a.m. on
Sundays.)
- Requests for the expansion of hours outside of those identified in the proposed ordinance may be
permitted only upon application and approval by the City Planning, Building and Community Director.
Criteria for approval shall include project remoteness, undue hardship or other reasonable standards.
In order to be entitled to receive approval, the applicant must show the City that the need for
expansion of the hours is caused by circumstances of an unforeseen and emergency nature or
circumstances where there are no other reasonable alternatives other than the relief requested.
- Decisions of the Planning, Building and Community Director on such requests may be appealed by
a party affected by the decision to the City's Hearing Examiner.
01.8
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
o Arts Commission COUNCIL COMMITTEES: o Building o M&O
o Airport o Finance o Cemetery o Mayor
o Hearing Examiner 181 Municipal Servo o Finance o Parks
o Human Services 181 Planning & CD o Fire 181 Planning
o Park Board OPublic Works 181 Legal o Police
o Planning Comm. o Other o Public Works o Human Resources
o Information Services
Action:
Committee Approval: DYes ONo
Council Approval: DYes ONo Call for Public Hearing ~~-
Referred to Until -'~-
Tabled Until -'-'-
Councilmember: Norman I Staff: Krauss
Meeting Date: Aoril17, 2006 I Item Number: VII I. A. 4
AUBURN * MORE THAN YOU IMAGINED
AGENDA BILL APPROVAL FORM
Agenda Subject: Amendment to ACC section 8.28.010 - Noise Control Date: 04/17/2006
Department: Planning I Attachments: Ordinance No. 6017 Budget Impact:
Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6017.
Background Summary:
Earlier this year, the Auburn City Council received public comment regarding noise associated with a
construction site and impacts to adjacent residential uses. In response to that public comment, the
Planning and Community Development (PCD) Committee reviewed the City's noise regulations.
At its April 10, 2006 meeting, the PCD Committee recommended that City Council approve proposed
Ordinance No. 6017 (attached). In summary, proposed Ordinance No. 6017 takes the following
approach:
- Sounds originating from construction sites in the City's predominately single family zones (R 1, R2,
R3, LHR1, LHR2, LHR3 and PUD) shall be limited between the hours of 7:00 pm and 7:00 a.m. on
weekdays, and 6:00 p.m. and 9:00 a.m. on Saturday and Sunday.
In all other areas of the City, the hours are unchanged from the existing code requirements (10:00
p.m. and 7:00 a.m. on any day of the week except Sunday, and 10:00 p.m. and 9:00 a.m. on
Sundays.)
- Requests for the expansion of hours outside of those identified in the proposed ordinance may be
permitted only upon application and approval by the City Planning, Building and Community Director.
Criteria for approval shall include project remoteness, undue hardship or other reasonable standards.
In order to be entitled to receive approval, the applicant must show the City that the need for
expansion of the hours is caused by circumstances of an unforeseen and emergency nature or
circumstances where there are no other reasonable alternatives other than the relief requested.
- Decisions of the Planning, Building and Community Director on such requests may be appealed by
a party affected by the decision to the City's Hearing Examiner.
01.8
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
D Arts Commission COUNCIL COMMITTEES: o Building o M&O
D Airport o Finance o Cemetery o Mayor
o Hearing Examiner 181 Municipal Servo o Finance o Parks
o Human Services 181 Planning & CD o Fire 181 Planning
o Park Board OPublic Works 181 Legal o Police
o Planning Comm. o Other o Public Works D Human Resources
o Information Services
Action:
Committee Approval: DYes DNa
Council Approval: DYes ONo Call for Public Hearing _'---1_
Referred to Until -1-'-
Tabled Until ---1_'_
Councilmember: Norman I Staff: Krauss
Meetina Date: Aoril17, 2006 litem Number: VII I. A. S
AUBURN * MORE THAN YOU IMAGINED
Agenda Subject: Ordinance No. 6017
Date: 04/17/2006
In addition, the Municipal Services Committee discussed the City's noise code at its February 21, 2006
meeting. In reviewing the City's noise code, the Municipal Services Committee indicated that, in ACC
Section 8.28.010 B.9, the word "com posters" should be revised to "any other power motorized
equipment". That change is reflected in the attached ordinance.
Page 2 of 2
ORDINANCE NO. 6 0 1 7
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 8.28.010 OF THE AUBURN CITY CODE
RELATING TO NOISE CONTROL
WHEREAS, the City Codes provide for regulation of certain activities
within the City that affect the quiet enjoyment of neighborhoods, and address
potential public nuisances; and
WHEREAS, one of the areas addressed by such code provisions deals
with noise control and abatement of noises inappropriate for time or
circumstances; and
WHEREAS, in connection with the City's noise control regulations,
construction noises are an issue that is appropriate for regulation with respect to
certain circumstances that exist in residential neighborhoods particularly; and
WHEREAS, the character of residential growth and development in the
City of Auburn has resulted in increased infill development of lots in already
developed single family residential zones; and
WHEREAS, it is appropriate for construction related noise to be controlled
so as not to impose unnecessarily into the quite enjoyment of residential
neighborhoods.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Ordinance 6017
April 5, 2006
Page 1 of 5
Section 1. Amendment to City Code.
That section 8.28.010 of
the Auburn City Code be and the same hereby is amended to read as follows:
8.28.010 Noise control.
A. General Prohibition. It is unlawful for any person to cause, or for
any person who owns or occupies property to allow to originate from the
property, sound that is a public disturbance noise.
B. Public Disturbances. The following sounds are public disturbance
noises in violation of this chapter:
1. 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;
2. 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
residential district, so as to unreasonably disturb or interfere with the peace and
comfort of owners or occupants of real property;
3. Yelling, shouting, whistling or singing on or near public streets,
particularly between the hours of 10:00 p.m. and 8:00 a.m. or at any time and
place as to unreasonably disturb or interfere with the peace and comfort of
owners or occupants of real property;
4. The creation of frequent, repetitive or continuous sounds which
emanate from any building, structure, apartment or condominium, which
unreasonably disturb or interfere with the peace and comfort of owners or
occupants of real property, such as sounds from musical instruments, audio
sound systems, band sessions or social gatherings;
5. Sound from motor vehicle audio sound systems, such as tape
players, radios and compact disc players, operated at a volume so as to be
audible greater than 50 feet from the vehicle itself;
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 and not operated upon the property of the operator, and
if operated on the property of the operator, then so as to be audible greater than
50 feet from the boundary of the property;
7. The squealing, screeching or other such sounds from motor vehicle
tires in contact with the ground or other roadway surface because of rapid
acceleration, braking or excessive speed around corners or because of such
other reason; provided, that sounds which result from actions which are
necessary to avoid danger shall be exempt from this section;
8. Construction noise shall be reQulated as follows:
Ordinance 6017
April 5, 2006
Page 2 of 5
a. Except as provided for in subsection 8.b. below, S~ounds originating
from construction sites, including but not limited to sounds from construction
equipment, power tools and hammering between the hours of 10:00 p.m. and
7:00 a.m. on any day of the week except Sunday and 10:00 p.m. and 9:00 a.m.
on Sundays;
b. For construction on property in the R1. R2, R3. LHR1. LHR2. LHR3 and
PUD zones. sounds oriqinatinq from construction sites, includinQ but not limited
to sounds from construction equipment. power tools and hammerinQ between the
hours of 7:00 p.m. and 7:00 a.m. on weekdays. and 6:00 p.m. and 9:00 a.m. on
Saturday and Sunday.
c. Construction activity may be permitted outside the hourly limits set forth
in subsection a. and b. above only upon application and approval by the City
PlanninQ. Buildinq and Community Director. Criteria for approval shall include
proiect remoteness. undue hardship or other reasonable standards. Approval
may only be for specific dates and times and other compellinq reasons. In order
to be entitled to receive approval, the applicant must show the City that the need
for expansion of the hours is caused by circumstances of an unforeseen and
emerqency nature or circumstances where there are no other reasonable
alternatives other than the relief requested. Approval may only be for specific
dates and times and under terms that the approvinq official deems appropriate
under the circumstances.
d. The request for the expansion of the hours for construction related
noise shall be made in writinq to the Planninq, Buildinq and Community Director.
on forms available from the Planninq, Buildinq and Community Department.
Decisions of the Planninq, Buildinq and Community Director on such requests
may be appealed by a party affected by the decision to the City's Hearinq
Examiner. Appeals of decisions of the Planninq, BuildinQ and Community
Director shall be based solely on the above criteria.
9. Sounds originating from residential property relating to temporary
projects for the maintenance or repair of homes, grounds and appurtenances,
including but not limited to sounds from lawnmowers, powered hand tools, snow
removal equipment and any other power motorized equipment composters
between the hours of 10:00 p.m. and 7:00 a.m. on any day of the week except
Sunday and 10:00 p.m. and 9:00 a.m. on Sundays.
10. Continuing and/or on-going sounds from non-emergency motor
vehicles audible more than twenty-five feet away from the vehicle located on or in
the vicinity of residential property, which sounds reasonably cause the
annoyance or disturbance of two or more neighbors not residing at the same
address, due to the on-going or repetitive nature of the sounds, or the very early
or very late hours of the sounds. For the purposes hereof, sounds coming from
motor vehicles, including but not limited to engine sounds, horn sounds, hydraulic
Ordinance 6017
April 5, 2006
Page 3 of 5
or air break sounds, or other equipment located on the motor vehicle or attached
trailer, that are audible more than twenty-five feet away from the vehicle located
on or in the vicinity of residential property, after 10:00 p.m. at night or before 7:00
a.m. on any day of the week except Sunday and after 10:00 p.m. at night or
before 9:00 a.m. on Sundays, shall be presumed to be a public disturbance
noise. Such presumption shall only be rebutted upon a showing before the
adjudicatory body that the noise was caused by circumstances of an unforeseen
and emergency nature.
C. It is also unlawful, and a violation of this chapter, for the owner or
other person having control or custody of any dog, cat, or other animal to allow
such dog, cat, or other animal to habitually howl, yelp, bark, or make other noises
which unreasonably disturb another person.
D. Exclusion. This chapter shall not apply to community events such
as parades or regularly scheduled events at parks, such as public address
systems for baseball games or park concerts between the hours of 9:00 a.m. and
11 :00 p.m. This chapter shall not apply to fireworks lawfully discharged within the
city. This chapter shall also not apply to public safety training activities between
the hours of 7:00 a.m. and 11 :00 p.m. (Ord. 6010 S 1,2006; Ord. 5899 S 1,2005;
Ord. 5658 S 1, 2002; 1957 code S 9.10.010.)
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. Severabilitv.
The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause. sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Ordinance 6017
April 5, 2006
Page 4 of 5
Section 4. Effective date.
This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
DATED and SIGNED this _ day of
,2006.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
Published:
Ordinance 6017
April 5, 2006
Page 5 of 5