Ordinance
115 - Noise
1. Purpose
a. Authority,
Name. This Ordinance is adopted by the Board of Directors of the Tulalip
Tribes pursuant to Article 6 Section 1.k. of the Constitution of the
Tulalip Tribes and shall be referred to as the Tulalip Noise Abatement
Ordinance.
b. Findings.
The Board of Directors of the Tulalip Tribes has determined that noise
is a major source of environmental pollution which represents a threat
to the serenity and quality of life on the Tulalip Reservation and
that noise exposure may be a cause of adverse physiological and psychological
effects as well as economic loss. It is the intention of this Ordinance
to limit noise in housing areas and other noise sensitive areas located
on the Tulalip Indian Reservation.
2. Definitions
a. The
following definitions shall apply in the interpretation and enforcement
of this Ordinance, unless otherwise specifically stated. The definitions
of technical terms used which are not herein defined shall be obtained
from publications of acoustical terminology issued by the American
National Standards Institute (ANSI), or its successor body.
b. “A-weighted
sound level” shall mean the sound pressure level as measured
in decibels on a sound level meter using the A-weighting network.
The level is designated dB(A) or dBA.
c. “Construction”
shall mean any site preparation assembly, erection, substantial repair,
alternation or similar action, for or on public or private rights
of way, structures, utilities or similar property.
d. “Decibel”
shall mean a logarithmic and dimensionless unit of measure used in
describing the relative loudness of level of sound.
e. “Emergency”
shall mean any occurrence or set of circumstances involving actual
or imminent physical or psychological trauma or property damage which
demands immediate action
f. “Emergency
Work” is work made necessary to restore property to a safe condition
following a public calamity or work required to protect persons or
property from an imminent exposure to danger.
g. “Industrial
District” shall mean a Basic Industrial District or a General
Industrial District as defined in the Zoning Ordinance of the Tulalip
Tribes.
h. “Motor
Vehicle” shall mean any motor-operated vehicle licensed or not
for use on the public highways.
i. “Noise”
shall mean any sound which disturbs humans or which causes or tends
to cause an adverse psychological or physiological effect on humans.
i. “Noise-sensitive
activities” shall mean any activities which should be conducted
under conditions of exceptional quiet, including but no limited to
operation of schools, libraries open to the public, churches, hospitals
and nursing homes.
j. “Noise-sensitive
area” shall mean any area designated for the purpose of ensuring
exceptional quiet and clearly posted with “Noise Sensitive Area”
signs, because of the noise-sensitive activities conducted therein.
k. “Person”
shall mean any individual, partnership, firm or corporation, or any
combination of one or more of them.
l. “Plainly
audible” shall mean a sound which can be heard at distance of
one hundred (100) feet from the source where the sound emanates.
m. “Public
right-of-way” shall mean any street, avenue, highway, lane or
similar place which is owned or controlled by a government entity.
n. “Public
space” shall mean any real property including any structure thereon
which is owned or controlled by a governmental entity.
o. “Real
property boundary” shall mean an imaginary line along the ground
surface, and its vertical extension, which separates the real property
owned by one person from that owned by another person, but not including
intra building real property divisions.
p. “Receiving
land use” shall mean the use or occupancy of the real property
which receives the transmission of sound as hereinafter defined.
q. “Sound
Level” shall mean the quantity in decibels measured with an instrument
satisfying requirements of American National Standard Specifications
for Type I or Type II Sound Level Meters. Fast time averaging and
A-frequency weighting shall be used.
r. “Times”
shall mean Pacific Standard Time or Daylight Savings Time as observed
in the State of Washington.
s. “Type
I Sound Level Meter” means a sound level meter which meets the
Type I requirements of ANSI specifications for sound level matters.
t. “Type
II Sound Level Meter” means a sound level meter which meets the
Type II requirements of ANSI specifications for sound level meters.
u. “Zoning
Districts” shall mean those districts established by the Tulalip
Zoning Ordinance.
3. Exceptions
The provisions
of this Ordinance shall not apply to:
a. The
emission of sound for the purpose of alerting people to the existence
of danger;
b. The
emission of sound in the performance of emergency work;
c. Agricultural
activities;
d. Rail
and air transportation and public transportation vehicles;
e. The
emission of sound from a manufacturing, processing or assembly operation
performed within an Industrial District;
f. Church
or clock carillons, bells or chimes;
g. The
emission of sound in the discharge of weapons at any firing range
previously issued a permit by the Tulalip Tribes.
h. The
discharge of weapons in an area zoned Forest / Agricultural under
the Tulalip Zoning Ordinances;
i. Fireworks
or firework display for which a permit has been issued by the Tulalip
Tries; or
j. Burglar
alarm when properly maintained in accordance with rules and regulations
to be promulgated by the Tribal or County Police Departments.
4. Noise Disturbance Prohibited
No person
shall make, continue or cause to be made or continued, excepted or permitted,
any noise disturbance, or noise in excess of the limits for such noise
established in this Section.
a. With
the exception of sound levels elsewhere specifically authorized by
this Ordinance, Table I sets forth the maximum permissible sound levels
allowed at or within the real property boundary of a receiving land
use. Any activity or use that produces a sound in excess of such noise
levels of the receiving land use shall be deemed a “noise disturbance”
and in violation of this Ordinance.
b. The
measurement of sound or noise shall be made with a sound level meter
meeting the standards prescribed in ANSI or its successor body. The
measurement of all sound levels shall be made as close to the property
line of the receiving land as is practical. The measurement period
shall not be less than ten (10) minutes, and the sound level measured
shall not exceed the sound levels set forth in Table I by more than
ten (10) percent during any measurement period.
5. Limits:
Property
Line Noise Limits:
a. It
shall be unlawful for noise disturbance for any person to cause noise
that exceeds the one-hour average sound level set forth in the following
table, at any location on the Tulalip Reservation on or beyond the
boundaries of the property on which the noise is produced. The noise
subject to these limits is that part of the total noise at the specified
location that is due solely to the action of said person.
TABLE
1
APPLICABLE PROPERTY LINE NOISE LIMITS
| Land
Use Zone |
Time
of Day |
One-Hour
Average
Sound Level (decibels) |
| Conservation;
Primary Forestry; |
7a.m.
to 7p.m. |
52 |
| Secondary
Forestry; Rural Agriculture; |
7p.m.
To 10 p.m. |
50 |
| Rural
Residential; Residential Estate; Recreation |
10p.m.
To 7a.m. |
45 |
| |
|
|
| Tulalip
Bay Planning Area; Suburban |
7a.m.
To 7p.m. |
57 |
| Residential;
Multi-Family Residential. |
7p.m.
To 10 p.m.
10p.m. To 7a.m. |
52
47 |
| |
|
|
| Mixed
Residential / Commercial |
7a.m.
To 7p.m. |
65 |
| Commercial;
Industrial |
7p.m.
To 10 p.m.
10p.m. To 7a.m. |
65
55 |
b. The
sound level limit at a location on a boundary between two zoning districts
is the arithmetic mean of the respective limits for the two districts.
c. Fixed-location
public utility distribution or transmission facilities located on
or adjacent to a property line shall be subject to the noise level
limits of Part A of this section measured at or beyond six feet from
the boundary of the easement upon which, the equipment is located.
6. Construction Noise Curfew
a. It
shall be unlawful for any person, between the hours of 7:00 p.m. and
7:00 a.m. of any day or on legal holidays and Sundays to erect, construct,
demolish, excavate for, alter or repair any building or structure
in such a manner as to create a disturbing, excessive or offensive
noise unless a noise control permit has been applied for and granted
beforehand by the Community Development Department. In granting such
a permit, the Community Development Department should consider whether
the construction noise in the vicinity of the proposed work site would
be less objectionable at night than during the daytime; whether obstruction
and interference with traffic, particularly on streets of major importance,
would be less objectionable at night than during the daytime; whether
the type of work to be performed emits noises at such a low level
as to not cause significant disturbances in the vicinity of the work
site; the character and nature of the neighborhood of the proposed
worksite; whether great economic hardship would occur; if the work
is in the general public interest; and he shall prescribe such conditions,
working time, types of construction equipment to be used and permissible
noise levels as he deems to be required in the public interest.
b. The
provisions of subsection (a) of this Section shall not apply to emergency
work as defined herein, provided that the Police Chief shall be notified
in writing of such emergency work no later than forty-eight hours
after work commences.
Construction
Noise Limits. Except as provided in section 6.b above, it shall be unlawful
for any person to conduct any construction activity so as to cause,
at or within the property lines of any property zoned residential, an
average sound level greater than 75 decibels during a one-hour period
any time between the hours of 7:00 a.m. to 7:00 p.m. unless a variance
has been applied for and granted by the Tulalip Planning Department.
General.
Notwithstanding any other provisions of this Title, and in addition
thereto, it shall be unlawful for any person to willfully or negligently
make or continue, or cause to be made or continued, any disturbing,
excessive or offensive noise causing discomfort or annoyance to any
reasonable person of normal sensitiveness residing or working in the
area.
Factors
Determining Violations. The factors which shall be considered in determining
whether a violation of the provisions of this Chapter exist shall include,
but not be limited, to the following:
a. The
level of the subject noise.
b. The
levels of ambient noise.
c. The
proximity of the subject noise to residential sleeping facilities.
d. The
nature and zoning of areas where the noise is audible.
e. The
number of persons affected by the noise.
f. The
duration and /or spectral content of the noise.
g. Whether
the noise is continuous, recurrent or intermittent.
7. Specific Activities Prohibited
a. Sales
by “Hawking” or “Barking”. No person shall offer
for sale, or announce to sell anything by shouting or outcry within
any residential area including the use of a loudspeaker system to
sell or announce anything.
b. Loading
and Unloading. No person shall load, unload, open, close or handle
boxes, crates, containers, building material, refuse, garbage cans,
dumpsters, motor vehicles, or similar objects between the hours of
8:00 p.m. and 6:00 a.m. the following day as to create a noise disturbance
across a residential real property boundary line.
c. Vehicle
or motor boat repair or testing. No person shall repair, rebuild,
modify or test any motor vehicle, motorcycle or motorboat in such
a manner as to create a noise across a residential real property boundary.
d. Power
Model Vehicles. No person shall operate or permit the operation of
powered model vehicles in a public or private space out-of-doors within
one hundred fifty (150) feet of a residential real property boundary.
e. Musical
Instruments and Similar Devices. No person shall operate, play or
permit the operation of playing of any drum, musical instrument or
similar device which produces sound in a manner as to create a noise
disturbance across a residential real property boundary.
8. Regulation of Sound Equipment and Sound Amplifying Equipment
a. Except
for activities for which a permit has been issued by the Board of
Directors, or their designee, under this Section, no person shall
so operate, play or permit the operation or playing of any radio,
television, tape player, compact disc player or phonograph, loudspeaker,
amplifier, sound track or other device for producing, reproducing,
or amplifying sound, or similar device so as to:
1.
Create a noise disturbance across a residential real property boundary
line. However, bars, taverns, lunges, nightclubs, dance halls, game
rooms and similar activities which produce a noise that is plainly
audible beyond the premises shall be deemed a noise disturbance
in violation of this Ordinance.
2.
Create a noise which is plainly audible other than to the occupant,
when such device is operated in or on a private motor vehicle on
a public right-of-way or public space.
3.
Create a noise which is plainly audible at distance of one hundred
(100) feet in or on any public space.
b. Sound
Equipment Permitted. Except as hereafter provided, no person shall
use, operate, or cause to be used or operated any radio, record player,
tape deck or player, loudspeaker, amplifier, sound track or other
device for producing, reproducing, or amplifying sounds, hereinafter
referred to as “sound equipment” upon any private or public
premises so as to produce a noise disturbance. However, the following
activities when authorized by the Tulalip Planning Department in writing
may use sound equipment which produces a sound not to exceed ninety
(90) db(A)’s when measured at a distance of fifty (50) feet from
such equipment. Where the receiving land is residential, such equipment
may be used only from 9:00 a.m. to 11:00 p.m.
1.
Public health and safety purposes;
2.
Fairs, carnivals and similar activities;
3.
Parades, processions, excursions and associated festivities;
4.
Outdoor concerts and theatrical performances;
5.
Outdoor neighborhood functions such as lawn and pool parties, street
dances and similar activities;
6.
Civic and religious celebrations;
7.
Recreational and athletic activities.
c. Commercial
Advertising - Sound Equipment Prohibited. No sound equipment shall
be permitted to be used on public streets or public places, or in
any building or upon any premises if the sound therein may be plainly
audible from any public street or public place when any such use is
for commercial advertising purposes or for any purpose of attracting
attention of the public to any structure or building for monetary
gain.
9. Construction
a. No
person shall operate or permit the operation of any tools or equipment
in the construction, drilling, demolition work or in preventative
maintenance for public service utilities;
1.
Between the hours of 10:00 p.m. and 7:00 a.m., in any manner which
create a noise disturbance across a residential real property boundary.
2.
At any other time, in any manner, which creates a noise disturbance
across a real property boundary; for the purpose of this subparagraph,
a sound level at or across the real property boundary in excess
of eighty-five (85) dBA shall be deemed a noise disturbance.
b. The
provisions of this section shall not apply to:
1.
Emergency work or repair work or repair work performed by or for
governmental entities or public service utilities.
2.
The use of domestic power tools or equipment as set forth in Section
6 of this Ordinance.
3.
Construction equipment that has attached in good operative condition
the best noise-attenuating devise as recommended by the manufacturer.
10. Animals and Birds
No person
shall own, possess or harbor a barking dog (as defined herein) or any
animal or fowl which howls, barks, or emits audible sounds that are
unreasonably loud or disturbing and which are of such character, intensity
and duration as to disturb the peace and quiet of the neighborhood.
For the purposes of this Section, “barking dog shall mean a dog
that barks, bays, cries, howls or makes any other noise continuously
and/or incessantly for a period of five (5) or more minutes or barks
intermittently for ten (10) minutes or more to the disturbance of any
person at any time of day or night regardless of whether the dog is
physically situated in or upon private property; provided, however,
that a dog shall not be deemed a ‘barking dog’ for purposes
of this Ordinance, if at the time the dog is barking or making any other
noise, a person is trespassing or threatening to trespass upon private
property in or upon which the dog is situated or close proximity thereto,
or for any other legitimate cause which teased or provoked the dog.
11. Variance
a. Variance
Permit. A variance permit to cause or create a noise at sound levels
which would otherwise be in violation of this Ordinance may be granted
by the Board of Directors upon recommendation by the Chief of Police
if;
1.
Additional time is necessary for the applicant to alter or modify
the activity in order to comply with the provisions of this Ordinance;
or
2.
The activity, operation or noise source will be of a temporary duration
and cannot be done in a manner that would comply with the provisions
of this Ordinance; or
3.
No reasonable alternative is available to the applicant.
b. Conditions.
Any permit granted pursuant to this Section shall contain therein
all conditions placed upon holder of said permit as condition to the
permit being granted, including but not limited to the effective date,,
time of day, location, sound level limit or equipment limitation.
Application for such a permit shall be made in writing in such form
as its acceptable to the Tulalip Board of Directors through the Tribal
Division of Tax and Licensing.
12. Administration Appeals and Remedies
a. The
Chief of Police shall implement, administer and enforce the provisions
of this Ordinance and shall issue orders requiring the abatement of
all violations and revocation of permits issued.
b. Each
violation of this Ordinance shall be a Class I Civil Infraction under
the provisions of Ordinance 114.
Back
to Top