NOH Ordinance 1311, creating enforcement for public disturbance caused by excessive noise BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO 19-321
NOTICE OF PUBLIC HEARING FOR AN ORDINANCE
OF LEWIS COUNTY ADDING A CHAPTER 1 23 TO THE
COUNTY CODE, CREATING ENFORCEMENT FOR
PUBLIC DISTURBANCE CAUSED BY EXCESSIVE NOISE
WHEREAS, notice is given that the Lewis County Board of County Commissioners
(BOCC) will hold a public meeting in the Commissioners' Hearing Room at 351 N W
North Street, Chehalis, Washington, at or after 10 a m Dec 9, 2019, and, and
WHEREAS, the purpose of the public hearing is to take public testimony or written
comment concerning Ordinance 1311, which would adopt Chapter 1 23 into the Lewis
County Code pertaining to enforcement of public disturbances cause by excessive
noise,
NOW THEREFORE BE IT RESOLVED that at or after 10 a m Dec 9, 2019, in the
Commissioners' Hearing Room on the second floor of the Historic Courthouse in
Chehalis, Washington, has been fixed by the BOCC as the time and place for the
hearing for Ordinance 1311 , and
NOW THEREFORE BE IT FURTHER RESOLVED that the Clerk of the BOCC is hereby
instructed to proceed with all appropriate and necessary notifications, postings, and
publications as required by law
DONE IN OPEN SESSION this 4th day of November, 2019
APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Cullen Gatten Robert C Jackson
By Cullen Gatten, Robert C Jackson, Chair
Deputy Prosecuting Attorney
NTY
ATTEST •s°°-° "AS•• Gary Stamper
• PRD OF ��••
'?.:S3ary Stamper, Vice Chair
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845 ;
•
Rieva Lester '•yrnc TON::• Edna J Fund
....•
Rieva Lester, Edna J Fund, Commissioner
Clerk of the Lewis County Board of County
Commissioners
NOTICE OF PUBLIC HEARING
Before the
LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Lewis County Board of
Commissioners (BOCC) in the Historical Courthouse, 351 NW North Street, Chehalis, Washington,
on the 9th day of December 2019 The hearing will be held at or after 10:00 a.m to consider the
an addition of a new chapter,1.23, to the Lewis County Code,which will prohibit excessive noise
in Lewis County
All those wishing to speak for or against the system shall be afforded the opportunity to be heard.
The proposal may be viewed on the BOCC's website and can be obtained in writing from the
Clerk of the Board prior to the hearing in person or by phone at 360-740-1120 Written comments
may be submitted to the BOCC prior to or during said hearing
This meeting site is barrier free People needing special assistance or accommodations should contact the
Clerk of the Board 72 hours in advance of the meeting.Phone (360) 740-1419
Publish on Tuesday, Nov 5, 2019
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF LEWIS COUNTY, WASHINGTON )
ADDING A NEW CHAPTER 1.23 TO THE COUNTY CODE, ) ORDINANCE NO. 1311
ADOPTING AN ENFORCEMENT PROGRAM FOR )
PUBLIC DISTURBANCE CAUSED BY EXCESSIVE NOISE )
WHEREAS,the Washington State Constitution vests local government with the power to
enforce all such local police, sanitary and other regulations not in conflict with general laws,
and
WHEREAS, RCW 36.32.120(10) empowers the legislative authority of a county to declare
by ordinance what shall be deemed a nuisance within the county;
WHEREAS, excessive noise interferes with the comfort,joy, enjoyment, sleep and
repose of the citizens of Lewis County causing unwanted physiological and psychological
effects, and
WHEREAS,the Lewis County Board of County Commissioners,the legislative authority of
Lewis County, wishes to control the noise in a manner that protects the health, welfare and
property of the citizens Lewis County and in a manner that promotes commerce, and
WHEREAS,the Lewis County Code does not have a regulatory system for prohibiting
excessive noise, and
WHEREAS, such a regulatory system is within the police power of the County
NOW,THEREFORE BE IT ORDAINED by the Lewis County Board of County
Commissioners that
1. Lewis County adopts and incorporates the new chapter 1.23 into the Lewis County Code
as follows
Chapter 1.23
Public Disturbance Noise
Sections
1.23 010 Declaration of Policy
1.23 020 Purpose—Limitation of Liability
1.23 030 Public Disturbances—Noises
1.23 040 Penalties—Enforcement
1.23 050 Severability
1.23.010 Declaration of Policy
It is hereby declared to be the policy of Lewis County to minimize the exposure of citizens of
Lewis County to the harmful nuisance, physiological and psychological effects of excessive noise
It is the express intent of Lewis County and the Lewis County Board of County Commissioners to
control the level of noise in a manner that promotes commerce,the use value and enjoyment of
property; sleep and repose, and the quality of the environment.
1.23.020 Purpose—Limitation of Liability
A. It is the express purpose of this chapter to provide for and promote the health,
safety, welfare and property of the general public in Lewis County, and not to
create or otherwise establish or designate any particular class or group of persons
who will or should be specially protected or benefited by the terms of this chapter
B Nothing contained in this chapter is intended to be nor shall be construed to
create or form the basis for any liability on the part of Lewis County or its officers,
employees or agents,for any injury or damage resulting from the failure of anyone
to comply with the provisions of this chapter, or by reason or consequence of the
implementation or enforcement pursuant to this chapter, or by reason of any
action or inaction on the part of the county related in any manner to the
enforcement of this chapter by its officers, employees or agents.
1.23.030 Public Disturbance—Noises
A. It is unlawful for any person to cause, or for any person in possession of property, to
allow to originate from the property, sound that is a public disturbance which
unreasonably disturbs or interferes with the peace, comfort and repose of other
property owners or possessors. The following sources of sound when they unreasonably
disturb or interfere with the peace, comfort and repose of property owners or
possessors shall be prohibited public disturbance noises.
1. The frequent, repetitive or continuous sounding of any horn or siren attached to a
motor vehicle between the hours of ten (10) p m and seven (7) a m , except as a
warning of danger or as specifically permitted or required by law;
2. The creation of frequent, repetitive or continuous noise that can be heard from the
public road way or neighboring property between the hours of ten (10) p m and
seven (7) a m in connection with the starting, operation, repair, rebuilding or testing
of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine
on Residential or Rural Residential zoned property;
3 Frequent repetitive or continuous yelling, shouting, hooting,whistling or singing,
between the hours of ten (10) p m and seven (7) a m ,
4 The creation of frequent, repetitive or continuous sounds which emanate from any
building, structure, apartment or condominium, such as sounds from audio sound
systems, band sessions or social gatherings that can be heard from the public
roadway between the hours of ten (10) p m and seven (7) a m ,
5 Sound from motor vehicle audio sound systems operated at a volume so that it
unreasonably disturbs or interferes with the peace, comfort and repose of property
owners or possessors, and
6. Sound created by the discharge of firearms during evening and nighttime hours
between one-half(1/2) hour after sunset and one-half(1/2) hour before sunrise
except for discharge on authorized shooting ranges.
B. The provisions of subsection A above shall not apply to
1. Regularly scheduled events occurring in public areas such as parks, playgrounds,
gymnasiums, swimming pools and other public recreational facilities during hours of
operation,
2. Sounds originating from aircraft in flight and sounds that originate at airports and
airfields which are directly related to flight operations,
3 Sounds originating from officially sanctioned parades and other public events,
4 Sounds originating from agricultural operations and forestry operations,
5 Sounds originating from activities approved through a county special use permit,
administrative approval, or State Environmental Policy Act (SEPA) process made
consistent with the conditions imposed therein,
6. Sounds originating between the hours of seven (7) a m and ten (10) p m from
residential property relating to temporary projects for the maintenance or repair of
homes, grounds and appurtenances,
7 Sounds originating between the hours of seven (7) a m and ten (10) p m from
temporary construction sites as a result of construction activity;
8. Sounds from operation of motor vehicles on highways which are regulated under
173-62 WAC,
9 Sounds created by blasting between the hours of seven (7) a m and ten (10) p m
10 Sounds created by surface carrier engaged in commerce or passenger travel by
railroad,
11. Sounds created by warning devices not operating continuously for more than five
minutes, or bells, chimes, or carillons,
12. Sounds created by safety and protective devices where noise suppression would
defeat the intent of the device or is not economically feasible,
13 Sounds created by emergency equipment and work necessary in the interest of law
enforcement or for health, safety, or welfare of the community;
14 Sounds created by watercraft, except to the extent that they are regulated by other
county ordinances,
15 Sounds originating from motor vehicle racing events at existing authorized facilities,
16 Sounds created by the discharge of firearms in the course of hunting or at shooting
ranges,
17 Sounds created in conjunction with public works projects or public work
maintenance operations executed at the cost of the federal government, state or
municipality;
18. Sounds created in conjunction with the collection of solid wastes,
19 Sounds originating from agricultural activities,
20 Sounds created by unamplified voices between the hours of seven (7):00 a.m and
ten (10)•00 p m
1.23.040 Penalties And Enforcement.
A. Punishment for Violations
1. The first violation of provisions of section 1.23 030 by a person within the past
twelve (12) months shall be a Class 4 civil infraction carrying a monetary penalty of
fifty dollars ($50) plus statutory assessments.
2. The second violation of provisions of section 1.23.030 by a person within a twelve
(12) month period shall be a Class 2 civil infraction carrying a monetary penalty of
one hundred twenty-five dollars ($125) plus statutory assessments.This second
violation need not occur after the first violation is proven
3 A third or subsequent violation of provisions of section 1.23 030 by a person within a
one (1)year period shall constitute a criminal misdemeanor punishable by a fine of
up to one thousand dollars ($1,000), ninety (90) days in jail, or both
B. In any prosecution for a civil infraction or criminal misdemeanor evidence of a sound
level through use of a sound-level meter reading shall not be necessary to establish the
commission of the offense
C. Civil Infractions under this section shall be enforced under chapter 7.80 RCW and the
court rules. For the purposes of both civil and criminal enforcement,the Lewis County
Sheriff's Office, commissioned law enforcement officers, and code enforcement shall be
enforcement officers.
1.23.050 Severability
If any p chapter of this cha ter is held invalid or unconstitutional,the remainder of the
chapter shall not be affected thereby
PASSED IN REGULAR SESSION THIS_day of ,2019, after public hearings
were held, pursuant to notices published in the Chronicle on November 5, 2019
APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
JONATHAN MEYER, PROS. ATTORNEY LEWIS COUNTY, WASHINGTON
Cullen Gatten, Deputy Prosecuting Attorney Robert C.Jackson, Chair
Gary Stamper,Vice Chair
Rieva Lester Clerk of the Board
Edna J Fund, Commissioner
BOCC AGENDA ITEM SUMMARY
Resolution: 19-321 BOCC Meeting Date: Nov 4, 2019
Suggested Wording for Agenda Item: Agenda Type: Legal Notice
Notice of Public Hearing for an Ordinance of Lewis County Adding a Chapter 1 23 to the County
Code, Creating Enforcement For Public Disturbance Caused By Excessive Noise
Contact: Cullen Gatten Phone: 360-740-1240
Department: BOCC - Board of County Commissioners
Description:
Notice of Public Hearing for an Ordinance of Lewis County Adding a Chapter 1 23 to the County
Code, Creating Enforcement For Public Disturbance Caused By Excessive Noise
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Approved
Additional Copies
r---
AFFIDAVIT
OF PUBLICATION
STATE OF WASHINGTON
COUNTY OF LEWIS
Alysa Andrews,and/or Mandy Klemola,and/or Kailyn Sawyer, ---
and/or Cindy Thayer says that she is the legal clerk of 112499 Ordinance 1311
NOTICE OF PUBLIC 1
qjrontttt HEARING Be fore the LEWIS COUNTY
, BOARD OF COUNTY
COMMISSIONERS i
a semi-weekly newspaper,which has been established,published NOTICE
IS HEREBY GIV-
in the English language,and circulated continuously as a EN that a public hearing
semi-weekly newspaper in the City of Centralia,and in Lewis will be held lzefore the
County,Washington,general circulation in Lewis County for Lewis County Board of
more than six(6)months prior to the date of the first publication Commissioners (BOCC) in
I the Historical Courthouse,i
of the notice hereto attached,and that the said Chronicle was on 351 NW North Street,
the 7th day of July 1941,approved as a legal newspaper by the ' Chehalis, Washington, on
Superior Court of said Lewis County And that the attached is a the 9th day of December'
true copy and was published in regular issues(and not in 2019. The hearing will be
supplement form)of said newspaper as LEGAL#112499 held at or after 1 addition
am.
to consider the an addition
RE:Ordinance 1311 of a new chapter,1.23, to
�� the Lewis County Code,
once each for period of 1 which will prohibit exces-
sive noise in Lewis County
All commencing on 11/05/2019 and ending on 11/05/2019 for for against wishing t eo speak em
for or against the system
shall be afforded'the op-
and both regularly distributed to its subscribers during all of said portunity,to be heard.
period.That the full amount of the fee charged for the foregoing The proposal may be.
.ub'c• io is the sum of$15.19 viewed on the BOCC's
website and can be ob-
�' � \ tained in writing from the
\ u Clerk of the Board prior to!
Sy.scribed and sw ' ''.efo - -•- 11/05/2019 the hearing in person or.by}
4 phone at 360-740-1120.'
� ., , Written comments may be
submitted to the BOCC
, prior to or during said'
Notary Public in and for the State of Washington, hearing.
residing at D This meeting site is barrier
C—OU—'46aLD) 'free. People needing spe-
cial assistance or a cc om-•
modations should contact
the Clerk of the Board 72
hours' in advance of the
meeting. Phone: (360)
740-1419
Published.The Chronicle
November 5,2019 1
I
.1-12920 Ordinance 131'1
AFFIDAVIT (y:Noise +
I .NOTIOE OF PUBLIC ,-
OF PUBLICATION (- ;1-0131NG Befgre the ')
BOAR!OF COUNTY '
STATE OF WASHINGTON � aoivii►nissionFERs ��fi
COUNTY OF LEWIS `,,NOTICE.IS HEREBY GIV--)
l'EN that a public'hearing for
'propdeed:'Orrdinance•1.311,
Alysa Andrews,and/or Mandy Klemola,and/or Kailyn Sawyer, has been tabled until at or
and/or Cindy Thayer says that she is the legal clerk of €,'
after '�10: a.m. Dec. 30;:
F 2019;;in the?Commssion-
ers' 'Hearing':Room in the;
r t.Historical Courthouse at:e *UL.YL 35.1 KW •North Street;;
`' Chehalis, Wash: At. that
1 time;the'Board,of County
a semi-weekly newspaper,which has been established,published f'Commissioners (BOCC)
in the English language,and circulated continuously as a will;consider adding to'Hie'
Lewis Count' Code'Cha
semi-weekly newspaper in the City of Centralia,and in Lewis Y.�' p°,,;,i(',li;;,;;;,
County,Washington,general circulation in Lewis County for 1, ter .1:23; '.which would"F?+!�:c ''
prohibit excessive noise.;ii 'z,
more than six(6)months prior to the date of the first publication Lewis County The p '
of the notice hereto attached,and that the said Chronicle was on posed nevi chapter may
the 7th day of July 1941,approved as a legal newspaper by the °include Language,address-
Superior Court of said Lewis County And that the attached is a F'ing excessive noise gasp*
true copy and was published in regular issues(and not in [ All those fireworks.
All those.wishing tos speak.
supplement form)of said newspaper as LEGAL#112920 1'for or against•the system
RE:Ordinance 1311 Noise i:shall be afforded the .op-
portunity lobe,heard.
the ro os
once each for a period of 1 P p al may be
/ `;viewed on frier' BOGUS
t,website. and' can be° ob-
commencing on 12/12/2019 and ending on 12/12/2019 ♦-fairies.in writing,:from the
Clerk,of'the Board..prier to,
and both regularly distributed to its subscribers during all of said the hearing in.person or by
period.That the full amount of the fee charged for the foregoing a:Phone at. 360-740-1120.
ritten comments may:be:.
tpublic: 'on is the sum of$17.05 [i:`Wsubmitted v to the BOCC
` �� prior to or during seid;
A k°Bearing.
.sc it bed an' .ko to before me 12/12/2019 , This meeting site'is barrier'.
free. People needing.spe
cial'assistance or accomri=
`�11L ' modatidns should contact:
the Clerk Of the:Board 72.+
Notary blic in and for the State of Washington, i, 'Hours,in`advance:rof the
ding at r i,meeting. Phone: (360).
l , ^ 740-1419
Published:The Chronicle Ii
December,21.2._2019. ..v. __.i