AN ORDINANCE relating to noise control; amending Sections 25.08.030, 25.08.040, 25.08.060, 25.08.070, 25.08.100, 25.08.180, 25.08.190, 25.08.260, 25.08.320, 25.08.330, 25.08.390, 25.08.400, 25.08.410, 25.08.420, 25.08.485, 25.08.500, 25.08.520, 25.08.530, 25.08.550, 25.08.560, 25.08.660, 25.08.670, 25.08.680, 25.08.730, 25.08.800, 25.08.820; repealing Sections 25.08.515, 25.08.535, 25.08.570; and adding new Sections 25.08.081, 25.08.155, 25.08.202, 25.08.204, 25.08.305, 25.08.427, 25.08.505, 25.08.512, 25.08.555 and 25.08.805.

WHEREAS, it is the policy of the City of Seattle to minimize the exposure of citizens to the physiological and psychological dangers of excessive noise and to protect, promote and preserve the public health, safety, and welfare; and

WHEREAS, it is the express intent of the City Council to control the level of noise in a manner which promotes commerce; the use, value and enjoyment of property; sleep and repose; and the quality of the environment; and

WHEREAS, the problem of noise in the city has been studied since 1974 and noise control regulations for the City were first adopted by the City Council of the City of Seattle in 1977. On the basis of this experience and knowledge of conditions within the City of Seattle, the City Council hereby finds that special conditions exist within the City of Seattle which make necessary any and all differences between this ordinance and the regulations adopted by the Department of Ecology.

NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 25.08.030 of the Seattle Municipal Code, as adopted by Ordinance 106360, is amended as follows:

25.08.030 Chapter additional to other law.

The provisions of this chapter 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. This ordinance shall not be enforced in any way that will violate either the constitution of the State of Washington or of the United States or any other state or federal law.

Section 2. Section 25.08.040 of the Seattle Municipal Code, as adopted by Ordinance 106360, is amended as follows:

25.08.040 Definitions generally-Gender.

All technical terminology used in this chapter, not defined in this subchapter, shall be interpreted in conformance with American National Standards Institute Specifications, Section 1.1 -1960 1994 and Section 1.4-1971 1983. Words used in the masculine gender include the feminine and words used in the feminine gender include the masculine. For the purposes of this chapter the words and phrases used herein shall have the meanings set forth in the following sections of this subchapter.

Section 3. Section 25.08.060 of the Seattle Municipal Code, as last amended by Ordinance 116621, is amended as follows:

25.08.060 Administrator.

"Administrator" means the Director of the Department of Design, Construction and Land Use or his or her authorized representative, except that the Director of the Seattle King County Department of Public Health or his or her authorized representative shall continue to be the "Administrator" of Subchapter VII Variances through December 31, 1993.

Section 4. Section 25.08.070 of the Seattle Municipal Code, as last amended by Ordinance 112976, is amended as follows:

25.08.070 Commercial agriculture.

"Commercial agriculture" means the production of livestock or agricultural commodities on lands defined as "farm and agricultural" by RCW 84.34.020(2)and the offering of the livestock and agricultural commodities for sale. In addition, activities associated with the growing, producing, processing, or selling of farm-related products, as long as they are conducted on farmlands, are considered commercial agriculture.

Section 5. A new Section 25.08.081 is added to the Seattle Municipal Code to read as follows:

25.08.081 Continuous airborne sound.

"Continuous airborne sound" means sound that is measured by the slow response setting of a sound level meter meeting the specifications set forth in American National Standards Institute Specification S1.4-1983.

Section 6. Section 25.08.100 of the Seattle Municipal Code, as last amended by Ordinance 115041, is amended as follows:

25.08.100 Districts.

"District" means the land use zones to which the provisions of this chapter are applied. For the purposes of this chapter:

A. "Rural District includes zones designated in the King County Zoning Code as A, FR, FP, SE, G, and SR greater than thirty five thousand (35,000) square feet. B. B. "Residential District" includes zones designated in the King County Zoning Code as RS, RD, RM, BN and SR less than thirty five thousand (35,000) square feet,

and zones defined as residential zones and NC1 zones in The Seattle Land Use Code, Title 23.

B(C). "Commercial District" includes zones designated in the King County Zoning Code as BC, CG, ML, and MP and zones designatedas NC2, NC3, SCM, C1, C2, DOC1, DOC2, DRC, DMC, PSM, IDM, DH1, DH2, PMM, and IB in the Seattle Land Use Code, Title 23.

CD. "Industrial District" includes zones designated in the king County Zoning Code as MH, QM, and unclassified uses and zones designated as IG1, IG2, and IC in the Seattle Land Use Code, Title 23.

D. For any zones not classified in subsections A, B, or C of this section the Director of the Department of Design, Construction and Land Use may determine that the zone is substantially similar to a zone designated in subsections A, B, or C and classify it similarly by Director's Rule.

Section 7. A new Section 25.08.155 is added to the Seattle Municipal Code to read as follows:

"Legal Holiday" means the following days: New Year's Day, Martin Luther King, Jr's Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day.

Section 8. Section 25.08.180 of the Seattle Municipal Code, as adopted by Ordinance 106360, is amended as follows:

25.08.180 Motor vehicle.

"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 in this chapter.)

Section 9. Section 25.08.190 of the Seattle Municipal Code, as adopted by Ordinance 106360, is amended as follows:

25.08.190 Motor vehicle racing event.

"Motor vehicle racing event" means any competition between motor vehicles and/or off-highway vehicles under the auspices of a sanctioning body recognized by the Administrator under rules adopted in accordance with the Administrative Code Seattle Municipal Code Chapter 3.02.

Section 10. A new Section 25.08.202 is added to the Seattle Municipal Code to read as follows:

25.08.202 Multiple-residential unit building.

"Multiple-residential unit building" means any building compromised of two or more residential units, including, but not limited to, duplexes, triplexes, apartments, condominiums, co-ops, townhouses, and attached residences.

Section 11. A new Section 25.08.204 is added to the Seattle Municipal Code to read as follows:

25.08.204 Mixed-use property.

"Mixed-use property" means any distinct parcel of land that is used for more than one category of activity. Examples include, but are not limited to: a building which is both commercial (usually on the ground floor) and residential located above, behind, below, or adjacent.

Section 12. Section 25.08.260 of the Seattle Municipal Code, as adopted by Ordinance 106360, is amended as follows:

25.08.260 Property boundary. Plainly Audible

'Property boundary" means an imaginary line exterior to any enclosed structure, at ground surface, which separates the property of one (1) or more persons from that owned by others, and its vertical extension.

"Plainly Audible" means clearly heard by a person using his or her unaided hearing faculties.

Section 13. A new Section 25.08.305 is added to the Seattle Municipal Code to read as follows:

25.08.305 Real property line.

"Real property line" means either (a) the imaginary line including its vertical extension that separates one parcel of real property from another; (b) the vertical and horizontal boundaries of a residential unit that is part of a building with multiple residential units; or

(c) on a mixed-use property, the vertical and horizontal boundaries between the two portions of the property on which different categories of activity are being performed.

Section 14. Section 25.08.320 of the Seattle Municipal Code, as adopted by Ordinance 106360, is amended to read as follows:

25.08.320 Sound level.

"Sound level" means the weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in American National Standards

Institute Specifications, Section 1.4-1971 1983. The sound pressure level of a sound expressed in decibels is twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to the reference sound pressure of twenty (20) micropascals. In the absence of any specific modifier, the level is understood to be that of a mean-square pressure.

Section 15. Section 25.08.330 of the Seattle Municipal Code, as adopted by Ordinance 106360, is amended to read as follows:

25.08.330 Sound level meter.

"Sound level meter" means a sound level measuring device, either Type I or Type II, as defined by American National Standards Institute Specifications, Section 1.4-1971 1983.

Section 16. Section 25.08.390 of the Seattle Municipal Code, as adopted by Ordinance 106360, is amended as follows:

25.08.390 Weekend.

"Weekend" means Saturday and Sunday or any legal holiday.

Subchapter III Environmental Sound Levels

Section 17. Section 25.08.400 of the Seattle Municipal Code, as adopted by Ordinance 106360, is amended as follows:

25.08.400 Unlawful Sounds.

It is unlawful for any person to cause sound, or for any person in possession of property to permit sound originating from such property, to intrude into the real property of another person whenever such sound exceeds the maximum permissible sound levels established by this subchapter in such a manner as to create a sound level that exceeds the sound level limits set forth in sections 25.08.410 or 25.08.420 when measured at the real property line or within the real property of any of the receiving properties listed in Table I.

Section 18. Section 25.08.410 of the Seattle Municipal Code, as adopted by Ordinance 106360, is amended as follows:

25.08.410 Maximum permissible sound levels.

For sound sources located within the City or King County, the maximum permissible sound levels are as follows:

Table I. Maximum Permissible A-Weighted Sound Levels

District of District of Receiving Property Sound Residential Commercial Industrial (dB(A)) (dB(A)) (dB(A)) ((Rural 52 55 57)) Residential 55 57 60 Commercial 57 60 65 Industrial 60 65 70

Section 19. Section 25.08.420 of the Seattle Municipal Code, as adopted by Ordinance 106360, is amended as follows:

25.08.420 Modifications to maximum permissible sound levels.

The maximum permissible sound levels established by this subchapter shall be reduced or increased by the sum of the following

A. Between the hours of ten p.m. (10:00 p.m.) and seven a.m. (7:00 a.m.) during weekdays, and between the hours of ten p.m. (10:00 p.m.) and nine a.m. (9:00 a.m.) on weekends, the levels established by Section 25.08.410 the maximum permissible sound levels established in Table 1 are reduced by ten (10) dB(A) where the receiving property lies within a residential district of the City.

C. For any source of sound which is periodic, which has a pure tone component, or which is impulsive and is not measured with an impulse sound level meter, the levels established by this subchapter shall be reduced by five (5) dB(A); provided, however, that this five 5dB(A) penalty for the emission of sound having a pure tone component shall not be imposed on any electrical substation, whether existing or new. C. For any source of sound which is of short duration, the levels established by this subchapter in Table I are increased by:

1. Five (5) dB(A) for a total of fifteen (15) minutes in any one (1) hour period; or

2. Ten (10) dB(A) for a total of five (5) minutes in any one (1) hour period: or

3. Fifteen (15) dB(A) for a total of 1.5 minutes in any one (1) hour period.

Section 20. A new Section 25.08.427 is added to the Seattle Municipal Code to read as follows:

25.08.427 Rules for industrial noise.

The Administrator shall adopt rules for enforcement of industrial noise violations.

Section 21. Section 25.08.485 of the Seattle Municipal Code, as last amended by Ordinance 109099, is amended as follows:

25.08.485 Watercraft.

A. It is unlawful for any person to operate any watercraft in such a manner as to exceed the following maximum noise limits when measured within fifty feet (50') of 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 seventy-four (74) dB(A), except that;

2. Between ten p.m. (10:00 p.m.) and seven a.m. (7:00 a.m.) sunset and sunrise the limit for any receiving property within a residential or rural district shall be sixtyfour (64) dB(A). For the purpose of administering and enforcing this section, sunset will be interpreted as ten p.m. (10:00 p.m.) and sunrise shall be interpreted as seven a.m. (7:00 a.m.).

B. It is unlawful for any person to operate any watercraft, except aircraft, which is not equipped with a functioning underwater exhaust or a properly installed and adequately maintained muffler. Any of the following defects in the muffling system shall constitute a violation of this subsection:

1. The absence of a muffler;

2. The presence of a muffler cutout, 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; and

4. The presence of equipment which will produce excessive or unusual noise from the exhaust system. Dry stacks or water-injected stacks not containing a series of chambers or mechanical designs effective in reducing sound shall not be considered as adequately maintained mufflers.

C. The following exemptions shall apply to sounds created by watercraft or watercraft operations:

1. Normal docking, undocking, and water skier pick-up and dropoff operations of all watercraft shall be exempt from provisions in subsection A;

2. Sounds created by the operation of commercial, nonrecreational watercraft are exempt at all times for provisions of this chapter. These commercial activities include, but are not limited to, tugboats, fishing boats, ferries, and vessels engaged in intrastate, interstate, or international commerce;

3. Sounds created by boat races and regattas, and trials therefor as sanctioned by the Chief of Police acting as Port Warden pursuant to Seattle Municipal Code Section 16.20.160 Section 27 of Ordinance 87983)) as amended are exempt from provisions in this section and in this chapter between the hours of seven a.m. (7:00 a.m.) and ten p.m. (10:00 p.m.) on weekdays and between the hours of nine a.m. (9:00 a.m.) and ten p.m. (10:00 p.m.) on weekends.

D. Nothing in this section shall be construed to limit the powers of the Chief of Police acting as Port Warden, as enumerated in Seattle Municipal Code Section 16.20.010 in Section 3 of Ordinance 87983 as amended.

Subchapter V Public Nuisance Noises

Section 22. Section 25.08.500 of the Seattle Municipal Code, as last amended by Ordinance 114656, is amended as follows:

25.08.500 Public disturbance noises.

It is unlawful for any person knowingly to cause or make, or for any person in possession of property knowingly to allow or originate from the property sound that is a public disturbance noise. , unreasonable noise which disturbs another, and to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a police officer or, pursuant to subsection A of this section, when ordered to do so by a police officer or animal control officer. "Unreasonable noise" shall The content of the speech shall not be considered in determining a violation of this section. Public disturbance noises include the following sounds or combination of sounds which are also subject to regulation under the provisions of Section 25.08.400 and 25.08.410:

A. Loud and raucous, and frequent, repetitive, or continuous sounds made by any animal, which unreasonably disturb or unreasonably interfere with the peace, comfort, or repose of another, except that such sounds made in animal shelters, commercial kennels, veterinary hospitals, pet shops, or pet kennels licensed under and in compliance with Chapter 10.72 of this Code shall be exempt from this subsection.; provided, that nN otwithstanding any other provision of this chapter, if the owner or other person having custody of the animal cannot, with reasonable inquiry, be located by the investigating officer or if the animal is a repeated violator of this subsection, the animal shall be impounded by the poundmaster Manager of Animal Control, subject to redemption in the manner provided by Chapter 9.08 of this Code;

B. Loud and raucous, and frequent, repetitive, or continuous sounds made by any horn or siren attached to a motor vehicle which unreasonably disturb or unreasonably interfere with the peace, comfort, or repose of another, except such sounds that are made to warn of danger or that are specifically permitted or required by law;

C. Loud and raucous, and frequent, repetitive, or continuous sounds made in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine which unreasonably disturb or unreasonably interfere with the peace, comfort and repose of another when the noise source is in a residential or commercial district;

D. Loud or raucous, and frequent, repetitive, or continuous s Sounds created by use of a musical instrument, or other device capable of producing sound when struck by an object, ; a whistle,; or a sound amplifier or other device capable of producing, amplifying, or reproducing sound including portable audio equipment, motor vehicle audio equipment, or audio equipment operated in or upon real property, that are:

1. loud and raucous and frequent, repetitive or continuous which unreasonably disturb or unreasonably interfere with the peace, comfort, or repose of another; or

2. plainly audible at a distance of seventy-five feet (75') or more from the sound source if the sound source is in a nonresidential district or plainly audible at a distance of fifty feet (50') or more from the sound source if the sound source is in a residential district or in a park; provided that if the sound source originates from private real property such point of measurement shall be on the real property of another or upon a public place; and

E. Loud and raucous, and frequent, repetitive, or continuous sounds made by the amplified or unamplified human voice between the hours of ten p.m. (10:00 p.m.) and seven a.m. (7:00 a.m.) which:

1. unreasonably disturb or unreasonably interfere with the peace, comfort, or repose of another; or

2. which are plainly audible at a distance of seventy-five feet (75') or more from the sound source if the sound source is in a nonresidential district or plainly audible at a distance of fifty feet (50') or more from the sound source if the sound source is in a residential district; provided that if the sound source originates from private real property such point of measurement shall be on the real property of another or upon a public place. F. Loud and raucous, and frequent, repetitive, or continuous sounds made by the amplified human voice which unreasonably disturb or unreasonably interfere with the peace, comfort, or repose of another within the Pike Place Market Historical District, as designated in Chapter 25.24 of the Seattle Municipal Code, between the hours of ten a.m. (10:00 a.m.) and five p.m. (5:00 p.m.). The content of the speech shall not be considered against any person in determining a violation of this subsection.

Section 23. A new Section 25.08.505 is added to the Seattle Municipal Code to read as follows:

25.08.505 Refusal or failure to discontinue a public disturbance noise.

A. It is unlawful for any person to refuse or intentionally fail to cease causing a public disturbance noise when ordered to do so by a police officer or, pursuant to 25.08.500A, when ordered to do so by a police officer or an animal control officer.

B. Causing a public disturbance noise within twenty-four (24) hours of the receipt of a notice of civil infraction pursuant to this chapter is a refusal or intentional failure to cease causing a public disturbance when ordered to do so.

Section 24. A new Section 25.08.512 is added to the Seattle Municipal Code to read as follows:

25.08.512 Abatement of Nuisances

A. A property at which three or more incidents of public disturbance noise occur within any three hundred sixty five day period is declared to be a public nuisance.

B. The Seattle Municipal Court shall notify the Administrator of the name and address of each person found to have committed a civil or criminal public disturbance noise violation. The Administrator shall notify the owner of the property where the violation occurred of the finding of public disturbance noise violation upon the property and the name of the tenant or other person who committed the violation.

C. In addition to any other remedies provided by this Chapter or other laws, an action to abate a public nuisance pursuant to this section may be commenced by the City Attorney against the owner and/or occupants of the property following an incident of public disturbance noise at the property which occurs subsequent to a written notice by the City to the owner and occupants of the real property that three or more previous incidents of public disturbance noise have occurred at the property and that any further such incidents will result in the property being declared a public nuisance pursuant to this section and subject to an action for abatement of the nuisance.

Section 25. Section 25.08.515 of the Seattle Municipal Code is repealed:

25.08.515 Public disturbance noise from portable or motor vehicle audio equipment.

A. While in park areas, residential or commercial zones, or any area where residences, schools, human service facilities or commercial establishments are in obvious proximity to the source of the sound, it is unlawful for any person to negligently cause, make or allow to be made from audio equipment under such person's control or ownership the following:

1. Sound from a motor vehicle audio system, such as a radio, tape player or compact disc player, which is operated at such a volume that it could be clearly heard by a person of normal hearing at a distance of seventy-five feet (75') or more from the vehicle itself; or

2. Sound from portable audio equipment, such as a radio, tape player or compact disc player, which is operated at such a volume that it could be clearly heard by a person of normal hearing at a distance of seventy-five feet (75') or more from the source of the sound.

B. This section shall not apply to persons operating portable audio equipment upon their own premises, such as an owner or a tenant, or to persons operating such equipment within a public park pursuant to an event under a permit issued under SMC Section 18.12.042 , in which event other provisions of the Noise Code shall apply, including SMC Sections 25.08.500 and 25.08.520 , respectively.

C. The content of the sound will not be considered in determining a violation of this section.

Section 26. Section 25.08.520 of the Seattle Municipal Code, as last amended by Ordinance 118409, is amended as follows:

25.08.520 Noise in public parks and places-Permitted musical events.

A. Notwithstanding the terms of any permit, Ii t is unlawful for any person issued a permit for a musical event to allow or for any other person to cause, or for any person in charge of a group of persons to allow sound from an officially sanctioned musical eventsound to originate in a public park, public place, as defined in Seattle Municipal Code Title 15 as now or hereafter amended, the Street Use Ordinance No. 90047 public market or civic center which exceeds an L eq of ninety-five (95) dB(A) for one (1) minute as measured fifty feet (50') (approximately fifteen (15) meters) from the source or sources, whether or not the sounds are live or recorded. Provided, that this section shall not apply to indoor events.

B. Each violation of this section which occurs after notice to the person (designated on the permit as the agent to receive notices of violations in the case of events with permits) that he or she is in violation of this section shall constitute a separate offense. At the time of application the applicant shall designate an onpremises agent who will accept notices of violations of this chapter during the event. The absence of the designated on-premises agent from the event or the inability of the serving agency to locate the on-premises agent or the refusal of an onpremises agent or responsible official of a group to accept notice of a violation shall not affect the validity of the initial or successive violations.

C. The Administrator, the Director of Seattle Center, the Superintendent of Parks, the Director of Transportation, the Chief of Police, or an the authorized representative designee of any of them may terminate a performance as a public nuisance after following the notice requirements of subsection B of this section if the decibel level exceeds one hundred five (105) dB(A) for a total of five (5) minutes in any thirty (30) minute period as measured fifty feet (50') (approximately fifteen (15) meters) from the source or sources.

D. Before any permit or other authorizing document is issued for any event which will produce sounds which may violate this section, the application shall be circulated to the Administrator. The Department of Design, Construction and Land Use is authorized to attach any conditions consistent with this chapter and reasonably calculated to prevent annoying sounds violations of this Chapter.

E. 1. In any permit for use of a public park, public market, civic center, or other public place, the Superintendent of Parks and Recreation, the Director of Transportation or the

Director of the Seattle Center or the designee of any of them, respectively, shall stipulate that the Department of Design, Construction and Land Use provide soundcontrol monitoring services whenever:

a. Amplified sound will be used at the proposed event; and

b. The Administrator or his or her designee finds that, unless monitored, the sound level originating at the proposed event may exceed the sound level in SMC Section 25.08.520A. The Administrator shall be guided principally by the expected power and type of amplification and, for those permit applicants with a record of prior usage, by past events held on City property within the last two (2) years.

2. The Administrator, in his or her discretion, may perform the service directly, delegate performance to the authority issuing the permit, or retain an acoustician.

F. This section does not limit or diminish the management authority of the Superintendent of Parks and Recreation, the Director of Transportation or the Director of the Seattle Center to require a performance bond or cash deposit for the use and occupancy of a public park, a public place or public market, or the Seattle Center, respectively, as security for payment of costs and expenses related thereto, damages or cleanup costs that may arise from a proposed event, and/or taxes and other amounts that may become payable; nor does this section limit or diminish their management authority to grant or deny such permits for causes independent of the Noise Ordinance codified in this chapter.

G. A copy or digest of this section on noise in public parks and public places shall be delivered to every person applying for a permit or other authorizing document which involves the production of sounds which may violate this section and the permittee shall sign a receipt signifying that he or she has received the same.

Subchapter VI Exemptions

Section 27. Section 25.08.530 of the Seattle Municipal Code, as last amended by Ordinance 112976, is amended as follows:

25.08.530 Sounds exempt at all times.

A. The following sounds are exempt from the provisions of this chapter at all times:

1. Sounds originating from aircraft in flight, and sounds which originate at airports and are directly related to flight operations;

2. Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release intent of the device;

3. Sounds created by fire alarms;

4. Sounds created by emergency equipment and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community;

5. Sounds created by the discharge of firearms in the course of lawful hunting activities;

6. Sounds created by natural phenomena;

67. Sounds originating from forest harvesting and silviculture activity and from commercial agriculture, if the receiving property is located in a commercial or industrial district of the City;

78. Sounds created by auxiliary equipment on motor vehicles used for maintenance, except vehicular street sweepers operated in parking lots between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and between the hours of 10:00 p.m. and 9:00 a.m. on weekends and legal holidays; and

89. Sounds created by warning devices or alarms not operated continuously for more than thirty (30) minutes per incident.

Section 28. Section 25.08.535 of the Seattle Municipal Code is repealed.

25.08.535 Sound exemptions for prior construction projects

Sounds created by equipment used in any construction project for which the call for bids has commenced prior to the effective date of the ordinance from which this section derives are exempt from the provisions of this chapter:

A. At all times if the receiving property is located in a nonresidential district of the City;

or

B. Between the hours of seven a.m. (7:00 a.m.) and ten p.m. (10:00 p.m.) on weekdays and between the hours of nine a.m. (9:00 a.m.) and ten p.m. (10:00 p.m.) on weekends if the receiving property is located in a residential district in the City.

Section 29. Section 25.08.550 of the Seattle Municipal Code, as adopted by Ordinance 106360, is amended as follows:

25.08.550 Sounds exempt from nighttime reduction.

The following sounds are exempt from the provisions of Section 25.08.420 A:

A. Sounds created by existing stationary equipment used in the conveyance of water by a utility;

B. Sounds created by existing electrical substations;

C. Sounds created by sources in industrial districts which, over the previous three (3) years, have consistently operated in excess of fifteen (15) hours per day as a demonstrated routine or as a consequence of process necessity; provided that such exemption shall only extend to five (5) years after the effective date of the ordinance codified in this chapter. Changes in working hours or activity which would increase the noise emitted under this exemption require the approval of the Administrator, given under rules adopted in accordance with the Administrative Code.

Section 30. A new Section 25.08.555 is added to the Seattle Municipal Code to read as follows:

25.08.555 Picket, march, parade, rally exemption.

Sounds created by the unamplified human voice by a person or persons engaged in lawful picketing, marches, rallies or parades in nonresidential districts between the hours of five a.m. (5:00 a.m.) and eleven p.m. (11:00 p.m.) seven (7) days a week are exempt from provisions of this ordinance.

Subchapter VII Variances

Section 31. Section 25.08.560 of the Seattle Municipal Code, as last amended by Ordinance 110047, is amended as follows:

25.08.560 Application-Generally.

Any person who owns or is in possession of any property or use, or any process or equipment, may apply to the Administrator for relief from the requirements of any provision of this chapter other than Section 25.08.500 or rules or regulations promulgated hereunder governing the quality, nature, duration or extent of discharge of noise. In a proper case, the variance may apply to all sources of a particular class or type.

The application shall be accompanied by such information and data as the Administrator may require. In accordance with Seattle Municipal Code Chapter 3.02 the administrative code, the Administrator shall promulgate rules and regulations governing application for and granting of such variances, including hearings and notice.

Section 32. Section 25.08.570 of the Seattle Municipal Code is repealed.

25.08.570 Application-Fee.

A. Application for a variance or renewal of a variance shall be accompanied by payment of a nonrefundable fee as follows:

1. Temporary variance . . . . . . . . . . . . $100.00

2. Technical or economic variance, source in rural or residential district . . . . . . 100.00

base fee, plus additional fee for actual review costs over and above $100.00.

3. Technical or economic variance, source in commercial or industrial district . . . . 250.00

base fee, plus additional fee for actual review costs over and above $250.00.

B. In addition to the base fee the review fee for technical or economic variance shall be the actual costs associated with application review to the Health Department over and above the base fee.

Subchapter VIII Administration and Noise Measurement

Section 33. Section 25.08.660 of the Seattle Municipal Code, as last amended by Ordinance 114656, is amended as follows:

25.08.660 Authority of Administrator and Chief of Police

Unless provided otherwise by this chapter, the Chief of Police shall be responsible for enforcing Sections, 25.08.500 and 25.08.515, the Chief of Police and the Administrator shall be responsible for enforcing Subchapter IV of this chapter, and the Administrator shall be responsible for enforcing the remaining provisions of this chapter. Upon request by the Administrator or the Chief of Police, all other City departments and divisions are authorized to assist them in enforcing this chapter.

Section 34. Section 25.08.670 of the Seattle Municipal Code, as last amended by Ordinance 114656, is amended as follows:

25.08.670 Duties of Administrator.

The duties of the Administrator shall include, but are not limited to:

A. Obtaining assistance from other appropriate City departments and divisions;

B. Training field inspectors;

C. Purchasing measuring instruments and training inspectors in their calibration and use;

D. Promulgating and publishing rules and procedures, in accordance with Seattle Municipal Code Chapter 3.02 the Administrative Code, to establish techniques for measuring or reducing noise and to provide for clarification, interpretation, and implementation of this chapter;

E. Investigating citizens' noise complaints;

F. Issuing orders for the reduction or elimination of noise in accordance with Subchapter IX;

G. Assisting citizens and City departments in evaluating and reducing the noise impact of their activities;

H. Assisting City planning officials in evaluating the noise component in planning and zoning actions;

I. Instituting a public education program on noise; and

J. Reviewing at least every three (3) years the provisions of this chapter and recommending revisions consistent with technology to reduce noise.

Section 35. Section 25.08.680 of the Seattle Municipal Code, as adopted by Ordinance 106360, is amended as follows:

25.08.680 Measurement of sound.

If the measurements of sound are made with a sound level meter, it shall be an instrument in good operating condition and shall meet the requirements for a Type I or Type II instrument, as described in American National Standards Institute Specifications, Section 1.4-1971 1983. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such manner that the overall accuracy shall be at least that called for in Section 1.4-1971 1983 for Type II instruments.

Subchapter IX Enforcement and Punishment

Section 36. Section 25.08.730 of the Seattle Municipal Code as last amended by Ordinance 110047, is amended as follows:

25.08.730 Notice and order

A. In addition to other remedies provided by this chapter Unless provided otherwise by this chapter, whenever the Administrator has reason to believe that a maximum permissible sound level of Subchapter III has been or is being exceeded on a regular basis, that a public nuisance noise is being emitted, or that the terms of a variance have not been met, he or she may initiate an administrative proceeding as provided by Subchapter IX, and serve a written notice and order directed to the owner or operator of the source, or to the holder of the variance. One (1) copy shall also be posted on the property or source, if reasonably possible, and another copy shall be mailed to each complainant (if any) about the noise; additional copies may be mailed by the Administrator to such other interested or affected persons as the Administrator deems appropriate.

B. The notice shall contain a brief and concise description of the conditions alleged to be in violation or to be a public nuisance noise, the provision(s) of this Chapter alleged to have been violated, the sound level readings, if taken, including the time and place of their recording.

C. The order shall contain a statement of the corrective action required and shall specify a reasonable time within which the action must be accomplished.

Section 37. Section 25.08.800 of the Seattle Municipal Code, as last amended by Ordinance 114656, is amended as follows:

25.08.800 Punishment Public Disturbance Infractions.

A. Conduct made unlawful by Subchapter IV, Section 25.08.515 and Section 25.08.520 of this chapter shall constitute a violation subject to the provisions of Chapters 12A.02 and 12A.04 of this Code (Seattle Criminal Code) and any person convicted of a violation of Subchapter IV or Section 25.08.520 shall be punished by a civil fine or forfeiture not to exceed Five Hundred Dollars ($500.00); conduct made unlawful by Section 25.08.515 shall be punished by a civil fine or forfeiture not to exceed Fifty Dollars ($50.00).

B. Conduct made unlawful by Section 25.08.500 of this chapter shall constitute a crime subject to the provisions of Chapters 12A.02 and 12A.04 of this Code (Seattle Criminal Code) and any person convicted thereof shall be punished by a fine not to exceed Five Hundred Dollars ($500.00), or by imprisonment in the City Jail for a term not to exceed six (6) months, or by both such fine and imprisonment.

A. A violation of any of the following provisions of this Chapter is a civil infraction subject to a maximum monetary penalty and default amount of Two Hundred Fifty Dollars ($250.00).

Section 25.08.400 Unlawful Sounds;

Section 25.08.410 Maximum Permissible Sound Levels;

Section 25.08.420 Modifications to Maximum Permissible Sound Levels;

Section 25.08.425 Construction and Equipment Operations;

Section 25.08.430 Sounds Created by Operation of Motor Vehicles;

Section 25.08.450 Modification to Motor Vehicles;

Section 25.08.460 Tire Noise;

Section 25.08.470 Sale of New Motor Vehicle which Exceed Limits;

Section 25.08.485 Watercraft;

Section 25.08.520 Noise in Public Parks and Places;

B. Except as provided in Subsection C of this Section and in Section 25.08.805 a violation of Section 25.08.500 is a civil infraction subject to a monetary penalty of One Hundred Dollars ($100.00).

C. Except as provided in Section 25.08.805, a violation of Section 25.08.500 by a person who has previously been found to have violated such section within the preceding three hundred sixty five (365) days is a civil infraction subject to a maximum monetary penalty and default amount of Two Hundred Fifty Dollars ($250.00).

D. Commissioned officers of the Seattle Police Department and the Administrator or his or her authorized representatives, assistants or designees are authorized to issue notices of infraction to enforce this Chapter.

E. Except as otherwise provided in this Section, an action for a civil infraction shall be processed in the manner contemplated by RCW Chapter 7.80.

F. This section shall be enforced so as to emphasize voluntary compliance with the law; so that inadvertent minor violations that would fall under this ordinance can be corrected without resort to an infraction notice.

G. If enforcement action has been prompted by one or more complainants seeking to affect the actions of another party creating the noise infraction (i.e., by a dispute among two or more parties), commissioned officers of the Seattle Police Department and the Administrator or his or her authorized representatives, assistants or designees are directed to advise all parties of the availability of alternative dispute resolutions procedures and of the contact information for alternative dispute resolution service agencies, and to advise both parties that mediation can be an effective means to address such disputes.

Section 38. A new Section 25.08.805 is added to the Seattle Municipal Code to read as follows:

A. A third or subsequent violation of Section 25.08.500 by a person who has twice previously been found to have violated such section within the preceding three hundred sixty-five (365) days constitutes a crime subject to the provisions of 12A.02 and 12A.04 of this Code (Seattle Criminal Code) and any person convicted thereof shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in jail for a term not to exceed ninety (90) days, or by both such fine and imprisonment.

B. A violation of Section 25.08.505 constitutes a crime subject to the provisions of 12A.02 and 12A.04 of this Code (Seattle Criminal Code) and any person convicted thereof shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment in jail for a term not to exceed six months, or by both such fine and imprisonment.

Section 39. Section 25.08.820 of the Seattle Municipal Code as last amended by Ordinance 110047, is amended as follows:

25.08.820 Penalties cumulative.

The penalties imposed by Sections 25.08.800, 25.08.805 and 25.08.810 shall be in addition to any other sanction or remedial injunctive procedure which may be available at law or equity.

Section 40. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provision shall not affect the validity of any other provision.

Section 41. This ordinance shall take effect and be in force on whichever is the later of: the effective date of approval and adoption by the Department of Ecology; or thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after its presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of _______________, 1999, and signed by me in open session in authentication of its passage this _____ day of _______________, 1999. ___________________________________ President of the City Council

Approved by me this _____ day of _______________, 1999. ___________________________________ Paul Schell, Mayor

Filed by me this _____ day of _______________, 19____. ___________________________________ City Clerk 10/13/99 V #3