Ord 1311, add Chapter 1.23 to LCC, adopting enforcement program for public disturbance BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: ORDINANCE NO 1311
AN ORDINANCE OF LEWIS COUNTY, WASHINGTON
ADDING A NEW CHAPTER 1 23 TO THE COUNTY
CODE, ADOPTING AN ENFORCEMENT PROGRAM FOR
PUBLIC DISTURBANCE CAUSED BY EXCESSIVE NOISE
NOW THEREFORE BE IT ORDAINED See Attached Ordinance
DONE IN OPEN SESSION this 30th day of December, 2019
APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Eric Eisenberg Robert C Jackson
By Eric Eisenberg, Robert C Jackson, Chair
Chief Civil Deputy Prosecuting Attorney
ATTEST •'•°-"''' W's'• Absent
4.,S,OPRD OF-,b.(..
a ,0.,•Gary Stamper, Vice Chair
SZ�C N
11'‘ 1845'•��GTON�i•
Rieva Lester Edna J . Fund
Rieva Lester, Edna J Fund, Commissioner
Clerk of the Lewis County Board of County
Commissioners
i
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;
i 1
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, Rural Lands, or Resource Land 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, mining operations, and forestry
operations;
5 Sounds originating from activities approved through a county special use permit,
Music Festival permits approved under Chapter 5 15 of this code, Wireless
Communication permits approved under Chapter 15 50 of this code, administrative
approval, State Environmental Policy Act (SEPA) process made consistent with the
conditions imposed therein, or any activity pre-zoning exempted from SEPA still in
operation,
6. Sounds from blasting by mining operations approved through special use permit
between the hours of 10 a m to 4 p m or mining operations pre-zoning still in
operation
7 Sounds originating between the hours of seven (7) a m and ten (10) p m from
residential and rural property relating to temporary projects for the maintenance or
repair of homes, grounds and appurtenances,
8 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;
9 Sounds from operation of motor vehicles on highways which are regulated under
173-62 WAC,
10 Sounds created by blasting other than for mining operations between the hours of
seven (7) a m and ten (10) p m
11 Sounds created by surface carrier engaged in commerce or passenger travel by
railroad,
12. Sounds created by warning devices not operating continuously for more than five
minutes, or bells, chimes, or carillons;
13 Sounds created by safety and protective devices where noise suppression would
defeat the intent of the device or is not economically feasible,
14 Sounds created by emergency equipment and work necessary in the interest of law
enforcement or for health, safety, or welfare of the community;
15 Sounds created by watercraft, except to the extent that they are regulated by other
county ordinances,
16. Sounds originating from motor vehicle racing events at existing authorized facilities,
II
17 Sounds created by the discharge of firearms in the course of hunting or at shooting
ranges,
18. Sounds created in conjunction with public works projects or public work
maintenance operations executed at the cost of the federal government, state or
municipality;
19 Sounds created in conjunction with the collection of solid wastes,
20 Sounds created by unamplified voices between the hours of seven (7):00 a m and
ten (10)•00 p m
21. Sounds created from the lawful discharge of fireworks.
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 provision of this chapter is held invalid or unconstitutional,the remainder of the
chapter shall not be affected thereby
PASSED IN REGULAR SESSION THIS 30th day of December 2019, after public hearings were
held, pursuant to notices published in the Chronicle on November 5, 2019
APPROVED AS TO FORM :e • •D O COUNTY COMMIS •NERS
JON• -hAN EYER, PROS. ATTORNEY LEWIS 'UNTY, A HI `IN
,• AV ! Y t�
Cullen atten, Deputy Prosecuting Attorney Robe C.Jackson, Chair
Gary Stamper,Vice Chair
Rieva Lester Clerk of the Board __
fIL
Edna J Fund, C•W missioner
BOCC AGENDA ITEM SUMMARY
BOCC Meeting Date: Dec 9, 2019
Suggested Wording for Agenda Item: Agenda Type: Hearing - Ordinance
AN ORDINANCE OF LEWIS COUNTY, WASHINGTON ADDING A NEW CHAPTER 1 23 TO THE COUNTY
CODE, ADOPTING AN ENFORCEMENT PROGRAM FOR PUBLIC DISTURBANCE CAUSED BY EXCESSIVE
NOISE
Contact: Cullen Gatten Phone: 360-740-1240
Department: BOCC - Board of County Commissioners
Description:
Public Hearing for Ordinance 1311, Adding a Chapter 1 23 to the County Code, Creating
Enforcement For Public Disturbance Caused By Excessive Noise
Approvals: Publication Requirements:
Publications:
User Status Published in the Chronicle on Nov 5, 2019
PA's Office Approved
Additional Copies
Cullen Gatten
SIGN-IN SHEET FOR PUBLIC HEARING ON ! 131 \ - 1J0ISe, Drfi lCa_.
Lewis County Courthouse, 351 N W North Street,Chehalis, Wash Meeting date I e .- '30— I l
I , l
NAME PHONE REPRESENTING I ADDRESS
1 C 6c-'7 \ld .� te,,,A ; /0 k a )(/,c 9
2 666)&08 1 r , -&(.00-(eZ3-03 ' D
_i
3 A l e- h N t e:)il 0 G,s 3 L 0 - 9 z°r- g H Z i Ste, ( r 13 S 1-4. I(oa• cc l( Dr C L,e.)-tc,l t S
4 CL /k) Ve.P-0 /-/Ps 2. .516/-f /y/ #0 a-0 cd Ay Dr CA-k..-t,.
5 l'1 03 l ICS (36 0 62-0 (oyq 9f--)4-. ( 77(L St. Pt_ b alt,htaG-s
C
6 -�� G s o7c o3e 0 021/-- o6. SeS � ,l Avs ,
7 - `' _-ei- 360-a.? a,- > , —A� 3`fg`f .1469.7tt l Z° o / .
36b -7,C- -r73`�' set ..
i e. C�6�� l�1 r &� e �---r�as�1 j-i\
8 1 C-sTL I----t e2G---
V
1f�io 2-L----77-1601.4644/45 e�,
9 & L fi!/T ti -Z °/t-Z.cq 5A-5A-27c
10
11
12
13
14
Notice The information provided on this document may be subject to public disclosure per RCW 42.56.070
,
December 30, 2019
I am here today-after a brief hiatus by the Commissioners, speaking in support of the
Commissioner's proposals of instituting a noise ordinance for Lewis County
I live in that strange area that is not wholly County, nor fully city, known as the Urban Growth
Area of Centralia. We live under rules and regulations of both county and city and yet not totally
beholden to either
I addressed the Commissioners on October 3, 2016, and gave my reasons why I felt a noise
ordinance was needed in Lewis County Now more than three years later, I find it encouraging
that the Commissioners and Sheriff Snaza are finding the importance for such an ordinance.
There are many other counties and cities that have noise ordinances, and Lewis County would
not be alone with the inclusion of an ordinance. I have included examples from my previous
statement.
Sheriff Snaza commented that he is "not looking to squelch anyone's fun, or trample on
anyone's rights, but we need to have a solution " I would agree with him, but might add that
civilized societies acknowledge that for every right, there is a corresponding duty
I will submitt a copy of my presentation to the Board from October 3, 2016. It gives my further
reasons and rational for the necessity of a noise ordinance.
There is a call for noise regulation, and I fully encourage efforts to make Lewis County a more
livable place.
Sincerely,
Po J., C c ,
Paul Crowner
3618-C Cooks Hill Road
Centralia, WA 98531
360-736-7738
October 3,2016
I am here today to speak about a problem in our neighborhood,and the role of Lewis
County in addressing that issue Responsive county government has both moral and legal
duties to guarantee basic rights to all citizens,and it is that to which I speak.
I have lived in Lewis County on Cooks Hill Road for 40 years,and that almost qualifies me
as a native My neighborhood is residential,and while in the Centralia Urban Growth
Boundary,it is still in Lewis County,just west of the Centralia City Limits Thus it is
subject to Centralia Municipal code in some respects,and Lewis County Criminal code in
other matters
My neighborhood includes teachers and retired teachers,Washington State Employees,
business people,medical professionals,nurses,pre-school children,school children,college
students,and stay-at-home parents
In the past few years,one neighbor has apparently begun a Summer outdoor destination
venue business,hosting weddings and class reunions In doing so,this business has created
a public nuisance of traffic and noise,with some events attracting hundreds of people Loud
music,DJs with speaker systems and traffic have begun early and continued late into the
night,as late as 3 am.Cars have used our private driveway late at night.Alcohol is served
at these events,and there are no fences or boundary limitations to the area where alcohol is
available Event use has even expanded over property lines
The traffic,noise and music essentially are as RCW 7 48.010 states in part,that which
is "offensive to the senses so as to interfere with the comfortable enjoyment of life and
property" Sleep is made impossible Set up and take down of dance floors,speakers and
speaker tests,delivery trucks of tables and chairs,kegs and bars all occur in the days before
and after the events I haven't checked if all events are properly licensed.
It is my understanding that Lewis County has minimum requirements,limitations or codes
regarding noise and public disturbances Other counties such as King County and Cowlitz
have guidelines and codes regarding noise There are Washington Administrative Codes and
Revised Codes of Washington dealing with noise pollution,as well as rules and laws
administered by the Department of Ecology The cities of Centralia,Chehalis,and
Vancouver have rules and limitations on noise for example Thurston County has a
comprehensive section on Pubic Disturbance in their code:
"1036.030 - Public disturbance noise.
It is unlawful for any person willfully to cause,or any person in possession of
property willfully to allow to originate from the property,any sound which.
B
Is caused by the operation of any device designed for sound production or
1
reproduction,such as but not limited to radios,televisions,musical instruments,
phonographs,stereos and loudspeakers that exceeds fifty-five dBA between the
hours of seven a.m.and ten p.m.and forty-five dBA between the hours of ten
p.m.and seven a.m.,measured at any adjacent parcel or public right-of-way; "
The Municipal Research&Service Center of Washington also has a March 2000 document
entitled Noise Control with samples of ordinances for use by cities and counties (As an
aside,it is interesting to note that the Washington Noise Control Act of 1974 established a
section called the"Environmental Designation for Noise Abatement" abbreviated as
EDNA)
It is clear from courts and agencies that noise pollution,public disturbances and nuisances
can be addressed by county governments,and there is prior legal precedence of Lewis
County being involved in public nuisance cases
Civilized societies acknowledge that for every right there is a corresponding duty One has
a right to drive on a public road,but has a duty to do so within the rules My neighbor has a
right to associate freely with friends and relatives,but a duty to do so within the rules and
keep the noise from interfering with the comfortable enjoyment of life and property of those
nearby
I ask the County Commissioners to instruct the Prosecutor's Office to formulate a
comprehensive public disturbance and noise ordinance,and implement it immediately Our
neighborhood hopes that action will then be taken to stop the continuation of this
neighborhood public nuisance Further,if no action is forthcoming,that guidance can be
given as to what steps to take next and options available
Paul Crowner
3618-C Cooks Hill Road
Centralia,WA 98531
736-7738
2
SIGN-IN SHEET FOR PUBLIC HEARING ON. roc /3/1 J N
Lewis County Courthouse, 351 N W North Street, Chehalis, Wash Meeting date Dec 9, A/f
NAME PHONE ,, REPRESENTING ADDRESS
2
3
4
5
6
7
8
9
10
11
12
13
14
Notice The information provided on this document may be subject to public disclosure per RCW 42.56.070
Rieva Lester
From: contact @lewiscountywa.gov
Sent: Wednesday, December 11, 2019 12.13 PM
To: Rieva Lester;Candace Haltom; BOCC
Subject: Email from Commissioners Contact Form
Name Rod Hash
Email rod @wolverinewest.com
Message Dear Commissioners,
We wanted to provide you input to consider when amending the noise ordinance We are a local professional fireworks
display company located in near Adna We have been providing the Centralia 7/4 display since 2014 We provide a
fireworks display at Relay for Life in addition to annual safety training for our pyro crews and "how to inspect a display"
for the WA State Fire Marshal—all at the SW Washington Fairgrounds. All of these events are permitted through
Riverside Fire Authority who requires us to provide PSAs to KELA 1470 AM/KMNT 104.3 FM, Live 95 and the Daily
Chronicle,alerting to expect noise on said date at said time The fairgrounds also post this notice on their read-boards
along N National Ave Please take into account these checks and balances when amending the county noise ordinance
If you have any questions please contact me at 360.262 4866. Thank you! Rod Hash Wolverine West Fireworks
1
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
The NOTICE OF PUBLIC
QCtjrorntte BHEARING Before the
LEWIS COUNTY
BOARD OF COUNTY
� COMMISSIONERS
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 laefore 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
the Historical Courthouse,:
of the notice hereto attached,and that the said Chronicle was on 351 NW North Street,i
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 10
ad a.m.
to consider the an n addition
RE:Ordinance 1311 of a new chapter,1.23, to
the Lewis County Code,
once each for a period of 1 L_ _. which will prohibit exces-
sive noise in Lewis County
All commencing on 11/05/2019 and ending on 11/05/2019 for for a wishing i t heo 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, t
subc• io is the sum of$15.19 viewed on the BOCC's
website and can be ob-
/ \ , tained in writing from the
, Clerk of the Board prior to'
.s cribed and s w ' "iefo - •- 11/05/2019 ' the hearing in person or.by
phone at 360-740-1120.1
if�/0 . ` _L1 Written comments may be!
- submitted to the BOCC
prior to or during saidi
Notary Public in and for the State of Washington, hearing.
residing at I This meeting site is'barrier
c People needing spe-
cial al assistance needing
acc om-
' modations should contact
F the Clerk of the Board 72
hours. in advance of the
meeting. Phone: (360)-
740-1419
Published:The Chronicle
November 5,2019
112920 Ordinance 1311
AFFIDAVIT Noise
NOTICE OF PUBLIC
OF PUBLICATION HEARING Before the
LEWIS COUNTY
STATE OF WASHINGTON BOARD OF COUNTY
COMMISSIONERS
COUNTY OF LEWIS NOTICE IS HEREBY GIV-
EN that a public hearing for
proposed Ordinance 1311
Alysa Andrews,and/or Mandy Kiemola,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,
2019, in the Commission-
ers' Hearing Room in the
trbC r Historical Courthouse at
(1jronttte 351 N,W North Street,
j Chehalis, Wash. At that
time, the Board of County
a semi-weekly newspaper,which has been established,published Commissioners (BOCC)
in the English language,and circulated continuously as a will consider adding to the
semi-weekly newspaper in the City of Centralia,and m Lewis Lewis County Code Chap-
ter 123, which would
County,Washington,general circulation in Lewis County for prohibit excessive noise in
more than six(6)months prior to the date of the first publication Lewis County The pro-
of the notice hereto attached,and that the said Chronicle was on posed new 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 ing excessive noise associ-
ated copy and was published in regular issues(and not in All those we weworishings
All those to speak
supplement form)of said newspaper as LEGAL#112920 for or against the system
RE Ordinance 1311 Noise shall be afforded the op-
portunity to be heard.
once each (for a period of 1 di q The proposal may be
viewed on the BOCC's
website and can be ob-
commencing on 12/12/2019 and ending on 12/12/2019 tained in writing from the
Clerk of the Board prior 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 phone at 360-740-1120
Written comments may be
Youbli•. \n is the sum of$17.05 submitted to the BOCC
—� prior to or during s�.■r1
1.k .k. 4,` hearing.
•i.s ibed an. . o to before me 12/12/2019 This meeting site is barrier
free People needing spe-
cial assistance or accom-
_ =��-•-- modations should contact
the Clerk of the Board 72
Notary ' blic in and for the State of Washington, hours in advance of the
iding at , meeting Phone: (360)
740-1419
Published:The Chronicle
December 12.2019