ORD 2001-04 NOISE RESTRICTIONSORDINANCE NO. 2001-04 (Formerly 2000-16)
AN ORDINANCE of the City of Bainbridge Island, Washington,
regulating noise levels received in residential zones from
construction activity; amending Sections 16.16.020 and 16.16.050;
and adding new Sectionsl6.16.001, 16.16.025 and 16.16.060 to the
Bainbridge Island Municipal Code.
WHEREAS, pursuant to Ordinance No. 75-13 the City adopted by reference certain
regulations enacted by the Washington State Department of Ecology ("the Department") relating
to maximum permissible environmental noise levels and exemptions thereto;
WHEREAS, pursuant to RCW 70.107.060 and WAC 173-60-110 the City is authorized
to impose noise control requirements differing from those adopted by the Department upon a
finding by the City that such requirements are necessitated by special conditions;
WHEREAS, the City has determined that special conditions exist which justify amending
the noise control requirements of WAC 173-60-050(3)(a) to further limit the hours during which
construction activities shall be exempted from the provisions of WAC 173-60-040 (relating to
maximum permissible environmental noise levels); and
WHEREAS, the City has determined to amend the penalty provision of Chapter 16.16 of
the Bainbridge Island Municipal Code; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. A new Section 16.16.001, is added to Chapter 16.16 of the Bainbridge Island
Municipal Code to read to read as 'follows:
16.16.001 Declaration of Policy. The City Council finds that inadequately controlled
noise adversely affects the health, safety and welfare of the people, the value of property,
and the quality of the environment. Therefore, it is declared to be the policy of the City
to minimize the exposure of citizens to the harmful, physiological and psychological
effects of excessive noise. It is the express intent of the City to control the level of noise
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in a manner which promotes use, value and enjoyment of property, sleep and repose, and
quality of the environment and commerce.
Section 2. A new Section 16.16.005, is added to Chapter 16.16 of the Bainbridge Island
Municipal Code to read to read as follows:
16.16.005 Definitions.
"Self-help housing program" means an affordable housing program sponsored by a non-
profit housing organization, which requires that an owner perform a certain percentage of
construction labor, earning a portion of equity in the home. These programs are also
known as "sweat equity" programs.
Section 3.
read as follows:
Section 16.16.020 of the Bainbridge Island Municipal Code is amended to
16.16.020 Maximum environmental noise levels. WAC 173-60-020, 173-60-
040, 173 60 050 and 173-60-090 are adopted by reference. WAC 173-60-050 is
also adopted by reference, except as to WAC 173-60-050(3)(a).
Section 4.
to read as follows:
A new Section 16.16.025 is added to the Bainbridge Island Municipal Code
16.16.025 Limitation on construction activities. The following noise
limitations apply to construction activities in residential zones (Class A EDNAs):
A. Construction activities within residential zones or within 100 feet of
residential zones shall be prohibited between the hours of 7:00 p.m. and 7:00 a.m.
on weekdays that do not constitute legal holidays.
B. Construction activities within residential zones or within 100 feet of
residential zones shall be prohibited before 9 a.m. and after 6 p.m. on Saturdays
that do not constitute legal holidays.
C. Construction activities within residential zones or within 100 feet of
residential zones shall be prohibited on Sundays and all legal holidays except that
work on the inside of an enclosed structure may occur between the hours of 10:00
a.m. and 4:00 p.m.
D. For purposes of this section, "construction activities" means any site
preparation, assembly, construction erection, demolition, substantial repair,
alteration or similar action on property, buildings, structures, or utilities.
"Construction activities" shall not include activities involving projects by
homeowners for home improvements, maintenance or repair of residential
structures, grounds and appurtenances or homeowners building their house under
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a self-help housing program, which activities shall continue to be governed by
Section 16.16.020 BIMC.
Section 5. Section 16.16.050 of the Bainbridge Island Municipal Code is amended to read
as follows:
16.16.050 Violation- Penalty. Any person violating any provisions of this
chapter shall be guilty of misdemeanor and may be punished by imprisonment of
not more than six months in jail or not more than $500,00 fine or both such
imprisonment and fine. Each day a violation continues shall be penalties set forth
in this section shall not be deemed exclusive and the city may, through its violation
from the superior court of the county.
A__ Violations - Unlawful. The violation or failure to comply with any provisions of this
chapter is declared to be unlawful.
B. Civil Infraction. Any violation of any provision of this chapter is a civil infraction as
provided in Chapter 1.26 BIMC for which a monetary penalty may be assessed. The
monetary penalty shall be as follows:
L If a person violates this chapter and has not committed a violation under this
chapter at any location within the city in the two-year period preceding the most
recent violation. a warning citation shall be issued but no monetary penalty shall
be assessed.
2~ If a person violates this chapter and has previously committed one or more
violations under this chapter at any location in the city within the two-year period
preceding the most recent violation. a citation shall be issued assessing a monetary
penalty as established by city council resolution.
3. If a person violates this chapter and has previously committed two or more
violations under this chapter at any location in the city within the two year period
preceding the most reccnt violation, a citation shall be issued assessing a monetary
penalty established by city council resolution.
Section 6. A new Section 16.16.060 is added to Chapter 16.16 of the Bainbridge Island
Municipal Code to read as follows:
16.16.060. Enforcement and authority. Civil infractions. The Police
Department shall be responsible for the enforcement of this chapter and is
authorized to issue, serve and file a notice of infraction in the manner set forth in
Chapter 1.26 BIMC for violations of the provisions of this chapter.
ol/25/2001 - 3 -
Section 7. This ordinance shall be effective five days after its passage, approval and
publication as required by law.
PASSED by the City Council this 24th day of January 2001.
APPROVED by the Mayor this 25m day of January 2001.
Dw)ght Sutton, Mayor
A TTEST/A UTHENTICATE:
~er, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
May 18, 2000
January 24, 2001
January 31, 2001
February 5,2001
2001-04
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