ORD 75-13 MOTOR VEHICLE NOISE PERFORMANCE STANDARDSWINSLOW ORDINANCE NO. 75-13
Poulsbo Ordinance 75-23
AN ORDINANCE OF THE CITIES OF POULSBO AND
WINSLOW ESTABLISHING MOTOR VEHICLE NOISE
PERFORMANCE STANDARDS AND ~XIMUM ENVIRON-
MENTAL NOISE LEVELS, ADOPTING BY REFERENCE
CERTAIN PROVISIONS OF THE WASHINGTON
ADMINISTRATIVE CODE (WAC), REPEALING
ORDINANCES INCONSISTENT tIEREWITH, AND
ESTABLISHING PENALTIES FOR THE VIOLATION
OF ANY PROVISION OF THIS ORDINANCE.
THE CITY COUNCILS OF THE CITIES OF POULSBO AND WINSLOW DO ORDAIN
AS FOLLOWS:
1. Motor Vehicle Noise Performance Standards - WAC 173-62-020,
173-62-030 and 173-62-040, are hereby adopted by reference.
2. Maximum Environmental Noise Levels - WAC 173-60-020, WAC
173-60-040, WAC 173-60-050, and WAC 173-60-090 are hereby adopted by
reference.
3. Variance Procedures - A variance from the provisions of
Section 2 of this ordinance may be granted by the Planning Commission
of the respective city. Any such variance, application shall be in
writing and upon forms provided by the Planning Commission and no
variance shall be granted for longer than 30 days, except after a
public hearing has been held. The Planning Coxmission may, in its
discretion, hold a public hearing on any application when substantial
public interest is shown. Any person may appeal the granting or
denial of a variance by the Planning Com~,nission by filing an appeal
with the Pollution Control Hearing Board pursuant to RCW 43.21B under
the procedures of WAC 371-08.
4. Designation of Zoned Areas - The EDNA (Environmental Desig-
nation for Noise Abatement) is hereby established as follows:
A. Residential zones - Class A EDNA.
B. Conunercial zones - Class B EDNA.
C. Industrial zones - Class C EDMA.
5. Penalties for Violations - Any person violating any pro-
vision of this ordinance shall be guilty of a misdemeanor and may be
punished by imprisonment of not more than six months in jail or
not more than $500 fine or both such imprisonment and fine. Each day
a violation continues shall be considered a separate offense. The
criminal penalties set forth herein shall not be deemed exclusive and
the City may, through its City Attorney, obtain an injunction against
such violation from the Superior Court of Kitsap County.
6. ~epeal - Any ordinance of the City inconsistent with the
provisions of this ordinance shall be deemed repealed except that any
ordinance defining noise as a nuisance shall remain in full force and
effect.
7. Effective date - All provisions of this ordinance except
Section 2 hereof shall become effective five days after its passage
and publication in the manner required by law. Section 2 of this
ordinance shall be effective September 1, 1975. Sources of noise
covered by Section 2 upon which construction begins after September 1,
1975 shall immediately comply with the requirements of this Chapter,
except in extraordinary circumstances where overriding considerations
of public interest dictate the issuance of a variance.
Passed by the City Council of Poulsbo on the /~ day of
August, 1975.
~, 1975.
Attest:
Mayor of the City of Poulsbo
City Clerk
Attest:
~he'Cmty of W~nslow ;