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Home My WebLink AboutO-3204 - Amendments to MMC related to Construction HoursCITY OF MARYSVILLE Marysville, Washington ORDINANCE NO. 3204: AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, AMENDING SECTIONS 6.76.020. 6.76.040, AND 6.76.060 OF THE MARYSVILLE MUNICIPAL CODE TO REDUCE THE CONSTRUCTION HOURS OF OPERATION ON WEEKDAYS, WEEKENDS AND LEGAL HOLIDAYS. WHEREAS, Chapter 6.76 Noise Regulations provides regulations associated with maximum permissible environmental noise levels, exemptions and public nuisance and disturbance noises; and WHEREAS, the City of Marysville has received several complaints regarding construction hours of operation and the associated nuisances caused to surrounding property owners; and WHEREAS, the City of Marysville seeks to balance the needs of construction projects while maintaining protections to the quality of life of the citizens; and WHEREAS, the City proposes to reduce construction operation hours (which are currently 7 a.m. to 10 p.m.) to the following: (a) 7 a.m. and 9 p.m. on weekdays, and (b) 9 a.m. to 9 p.m. on weekends and legal holidays; and WHEREAS, MMC section 6.76.080 ("Variances") will allow for deviations to the construction operation hours for unique circumstances related to private and/or public construction projects; and WHEREAS, at a public meeting on January 10, 2022 the Marysville City Council reviewed and considered staff's recommendation and the proposed amendments to MMC Sections 6.76.020. 6.76.040, and 6.76.060; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 6.76.020 Definitions, Is hereby amended to modify the following definitions read as follows: 6.76.020 Definitions. All technical terminology used in this chapter, not otherwise defined, shall be interpreted in conformance with Chapters 173-60 and 173-62 WAC. The following words and phrases shall have the meanings indicated below: (1^ "Construction" means anv site preoaration. assemblv. erection, demolition, substantial repair, maintenance, alteration, or similar action for or of public or private riohts-of-wav. structures, utilities, or similar orooertv. (2) "dBA" means the sound pressure level in decibels measured using the "A" weighting network on a sound level meter. The sound pressure level, in decibels, of a sound is 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure of 20 micropascals. (3) "EDNA" means the environmental designation for noise abatement, being an area or zone (environment) within which maximum permissible noise levels are established. Code Amendment Construction Hours of Operation Page 1 of 4 "Legal Holiday" means the followinQ holidays: New Year's Dav. Memorial Dav. Independence Day. Labor Dav. ThanksqivinQ Dav and the dav after, and Christmas Dav. £5) "Noise" means the intensity, duration and character of sounds, from any and all sources. (4) "Person" means any Individual, corporation, partnership, association, governmental body, state agency or other entity whatsoever. £5) IZX."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 other persons, and Its vertical extension. (6) (81 "Receiving property" means real property within which the maximum permissible noise levels specified herein shall not be exceeded from sources outside such property. (7) £9) "Sound level meter" means a device which measures sound pressure levels and conforms to Type 1 or Type 2 as specified In the America National Standards Institute Specification S1.4- 1971. (Ord. 1419 § 2, 1985). Section 2. 6.76.050 Exemptions, is hereby amended to read as follows: 6.76.050 Exemptions. The exemptions to the maximum permissible environmental noise levels set forth In WAC 173- 60-050 are hereby adopted by reference, however these exemptions shall not aoplv to the sources of sound Identified in MMC 6.76.60. (Ord. 1419 § 5, 1985). Section 3. Section 6.76.060 Public nuisance and disturbance noises. Is hereby amended as follows: 6.76.060 Public nuisance and disturbance noises. It Is unlawful for any person to cause, or for any person in possession of property to allow to originate from said property, sound that Is a public nuisance. The following sources of sound are defined to be public nuisances, except to the extent that they may be specifically exempted by other provisions of this chapter: (1) Frequent, repetitive or continuous noise made by any animal which unreasonably disturbs or Interferes with peace, comfort and repose of property owners or possessors, except that such sounds shall be exempt when originating from lawfully operated animal shelters, kennels, pet shops, and veterinary clinics; (2) 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; (3) The creation of frequent, repetitive or continuous noise In connection with the starting, operation, repair, rebuilding, or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine within Class A EDNA, so as to unreasonably disturb or Interfere with the peace, comfort and repose of owners or possessors of real property; Code Amendment Construction Hours of Operation Page 2 of 4 (4) Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time and place so as to unreasonably disturb or interfere with peace, comfort and repose of owners or possessors of real property; (5) The use of a sound amplifier or other device capable of producing or reproducing amplified sound on public streets for the purpose of commercial advertising or sales or for attracting the attention of the public to any vehicle, structure or property or the contents therein, except that vendors whose sole method of selling is from a moving vehicle shall be exempt from this subsection; (6) The making of any loud and raucous noise which unreasonably interferes with the use of any school, church, hospital, sanitarium, nursing or convalescent facility; (7) The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, or condominium which unreasonably interferes with the peace, comfort and repose of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions, or social gatherings; (8) Sound from motor vehicle audio systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 75 feet from the source, and if not operated upon the property of the operator; (9) Sound from audio equipment, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 75 feet from the source, and if not operated upon the property of the operator; and (10) The foregoing provisions shall not apply to regularly scheduled events at parks such as public address systems for baseball games or park concerts. (11) Construction work before 7 a.m. and after 9 p.m. on weekdavs and before 9 a.m. and after 9 p.m. on weekends and legal holldavs. Section 4. Severabllltv. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener's errors or clerical mistakes; references to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 6. Effective Date. This ordinance shall become effective five days after the date of its publication by summary. PASSED by the City Council and APPROVED by the Mayor this day of 2021. CITY OF MARYSVILLE Code Amendment Construction Hours of Operation Page 3 of 4 By; JON N<EHRING, MAY Attest: By: DEPUPi' CITY CLERK aeM^'S Approved as to form: By: JON WALKER, CITY ATTORNEY Date of Publication: \ | IH | 2x)72 Effective Date: V | (^ | 2o22 (5 days after publication) Code Amendment Construction Hours of Operation Page 4 of 4