(1) Sounds Exempt at All Times. The following sounds are exempt, at all times, from the maximum permissible sound levels established in SCC 10.01.030(2) and 10.01.030(3), except that such sounds produced by operations or activities requiring the issuance of a Conditional Use Permit or a SEPA determination shall only be exempt in so far as the conditions of the Conditional Use Permit or SEPA determination are being complied with.
(a) Sounds originating from aircraft in flight and sounds which originate at airports and are directly related to flight operations.
(b) Sounds created by the operation of equipment or facilities of surface carriers engaged in interstate commerce by railroad.
(c) Sounds originating from commercial, non-recreational vessels.
(d) Sounds created by the normal operation, on public highways, of motor vehicles regulated under SCC 10.01.030(4) pertaining to maximum permissible sound levels for motor vehicles.
(e) Sounds caused by fire alarms being used as such.
(f) Sounds created by warning devices, excluding back-up beepers, provided the devices do not operate continuously for more than five minutes per incident.
(g) Sounds created by emergency equipment and vehicles necessary for law enforcement or for the health, safety and welfare of the community, when used for these purposes.
(h) Sounds created by safety and protective devices, such as pressure relief valves, where noise suppression would defeat the safety purpose of the device.
(i) Sounds caused by pigs, cattle, horses, sheep, goats, and poultry in zones where allowed, whether in commercial or noncommercial activities, provided that such sounds shall not be exempt within the area bounded by Puget Sound on the west, the Snohomish county/King county line on the south, 164th Street SE on the north and the Bothell Highway (SR527) on the east.
(j) Sounds created by the discharge of firearms in the course of lawful hunting activities in zones where allowed.
(k) Sounds caused by natural phenomena.
(l) Sounds originating from officially sanctioned parades and other public events.
(m) Sounds originating from motor vehicle racing events at existing, authorized facilities.
(n) Sounds emitted during startup of petroleum refinery boilers, provided that the startup procedure is performed during daytime hours whenever possible.
(o) Sounds created by construction equipment, including special construction vehicles, at temporary construction sites, provided the receiving property is located in a commercial or industrial district.
(q) Sounds created by back-up beepers, provided that at night these sounds shall not be allowed to exceed the noise level necessary to comply with WAC 296.
(r) Sounds produced by fireworks, provided that all the restrictions in SCC 30.53A are being complied with.
(s) Activities necessary for roof replacement or site protection when weather conditions create an emergency. The noise administrator shall have the authority to determine whether or not an emergency exists.
(2) Sounds Exempt During Daytime Hours. The following sounds are exempt, during daytime hours, from the maximum permissible sound levels established in SCC 10.01.030(2) and 10.01.030(3) except that such sounds produced by operations or activities requiring the issuance of a Conditional Use Permit or a SEPA determination shall only be exempt in so far as the conditions regarding noise of the Conditional Use Permit or SEPA determination are being complied with.
(a) Sounds created by construction equipment, including special construction vehicles, at temporary construction sites.
(b) Sounds created by bells, chimes or carillons not operating for more than five minutes in any one hour.
(c) Sounds created by powered equipment used in temporary or periodic maintenance or repair of residential property.
(d) Sounds created by the installation or repair of essential utility services.
(e) Sounds created by the discharge of firearms in zones where allowed or at a shooting range (as defined in SCC 30.91S.180) which is sited, developed and operated in accordance with all the provisions of Subtitle 30.2 SCC.
(f) Sounds created by blasting.
(g) Sounds created by aircraft engine testing and maintenance.
(3) Exemptions from General Nighttime Reduction Provision. The following sounds are exempt from the nighttime reduction provision of SCC 10.01.030(3)(b) except that such sounds produced by operations or activities requiring the issuance of a Conditional Use Permit or a SEPA determination shall only be exempt insofar as the conditions regarding noise of the Conditional Use Permit or SEPA determination are being complied with:
(a) Sounds originating from electrical substations and transmission lines.
(b) Sounds originating from stationary equipment used in the conveyance of water by a utility.
(c) Sounds emitted from asphalt and concrete production required by public agencies for the construction of public roadways during night-time hours, provided that:
(i) the county noise administrator receives advance written notice that the plant will be operating at night, with said notice indicating the agency in charge of the construction, the contract number, and the dates when the plant shall be operating during nighttime hours; and
(ii) notice shall be prominently posted for the general public:
(A) the same day as the plant operator is notified of the need for the night operation by the public agency; and
(B) be placed at the front entrance to the plant on signs measuring two feet by three feet; and
(C) which gives the information listed in (1) above; and
(iii) if the plant will be operating for more than two consecutive nights notice shall be mailed by the plant operator to all residents within 500 feet of the plant if the plant is located within an Urban Growth Area and within 1,500 feet of the plant if the plant is located outside of an Urban Growth Area.
(iv) in the event the plant operates at night for more than 3 consecutive weeks the operator shall hold a public meeting no later than the end of the fourth week to hear public comment. The purpose of the meeting shall be to identify and, when possible, mitigate neighborhood impacts. Notice of the public meeting shall be provided in the manner described in (1), (2), and (3) above.
(4) Exemptions from the Reduction for Periodic, Pure Tone and Impulsive Sound. The following sounds are exempt from the reduction for periodic, pure tone and impulsive sound provided in SCC 10.01.030 (3) (c) except that such sounds produced by operations or activities requiring the issuance of a Conditional Use Permit or a SEPA determination shall only be exempt insofar as the conditions regarding noise of the Conditional Use Permit or SEPA determination are being complied with:
(a) Sounds created by electrical substations and transmission lines.
(b) Sounds created by existing stationary equipment used in the conveyance of water by a utility.
(c) Sounds created by existing industrial activities; provided, that such exemption shall pertain only to the additional 5dB(A) nighttime component of the reduction for periodic, pure tone and impulsive sound, and provided further that such exemption shall only extend to three years after the effective date of this chapter.
(5) Kennel Exemptions.
(a) Commercial kennels, animal shelters, veterinary hospitals, pet shops, and grooming parlors holding a valid license issued pursuant to SCC 6.06 at the time of the adoption of this chapter shall be exempt from the provisions of this chapter other than SCC 10.01.050 (5) (b). Such exemption shall not apply to any conditions or mitigating requirements imposed as a result of a Conditional Use Permit or SEPA determination. All commercial kennels, animal shelters, veterinary hospitals, pet shops, and grooming parlors obtaining a valid license issued pursuant to SCC 6.06 after the adoption of this chapter shall comply with all provisions.
(b) Commercial kennels holding a valid license issued pursuant to SCC 6.06 shall be required to observe "quiet hours" between 10 p.m. and 6 a.m. on Monday through Friday and between 10 p.m. and 8 a.m. on Saturday and Sunday. During this time it shall be a violation of the noise ordinance to allow repetitive barking or barking for a duration in excess of 5 minutes.
(6) Public Disturbance Exemption Permit.
(a) Any person who wishes an exemption from the public disturbance provisions of SCC 10.01.040 may apply to the administrator for a permit. The application shall be accompanied by such information and data as the administrator may require and be filed not less than 45 days prior to the proposed event or activity for which the permit is required.
(b) Any use which would otherwise be a violation of SCC 10.01.040 will be exempt from the provisions of SCC 10.01.040 provided a valid permit has been issued by the administrator for the property upon which the use takes place. In no way shall such a permit exempt any holder from compliance with all other county codes.
(c) The person applying for an exemption shall post the property with a notice stating the proposed exemption, any proposed mitigating measures, and instructing persons who wish to comment to contact the administrator within a thirty day comment period. The comment period shall extend for 30 days from the day the affidavit described herein is given to the administrator. The applicant shall also mail notice to all property owners and residents within 500 feet of the property line of the lot containing the noise source. An affidavit, which shall include the names and addresses of property owners and residents notified, shall be given to the administrator by the applicant swearing that the posting and mailed notice was provided. Any person who believes they may be impacted may comment. Signs and instructions for posting shall be provided to the applicant by the administrator. The responsibility for and cost of notice shall be borne by the applicant.
(d) Following the 30 day comment period and after reviewing the application and any comments, the administrator shall:
(i) if no comments have been received, issue a temporary permit which may include conditions. Following the issuance of the temporary permit there shall be a 14 day appeal period. The holder of a temporary permit may operate upon receipt of the permit, even if the 14 day appeal period has not expired. Any person who believes they are impacted may comment during the appeal period, in which case the procedures outlined in (e) shall be followed. In the absence of such comments the temporary permit shall become final at the end of the 14 day appeal period.
(ii) if comments have been received the procedures outlined in (e) below shall be followed.
(e) Permit Process When Comments are Received.
(i) the administrator may call one or more administrative conferences with the applicant and persons submitting comments on the application to better understand the issues at hand. Administrative conferences shall be informal in nature, designed to elicit neighbors’ concerns and reach an accommodation between the applicant and those with concerns. Notice of the administrative conference shall be provided to the applicant and any persons who commented on the application. The administrator shall have the authority to recommend that the parties make use of a dispute resolution service.
(ii) permits shall be issued when:
(A) the administrator has determined that no person has demonstrated that the issuance of the permit shall create an undue noise burden; or
(B) the administrator has placed conditions upon the permit which in his/her judgment mitigate the concerns expressed by those opposed.
(f) When issuing the permit the administrator may place conditions regarding use including, but not limited to, restrictions on time of day, location on the lot, days of the week, and total hours of use per week.
(g) Final permits shall be for a period of one year, and may be renewed. The one year period shall begin at the end of the 14 day appeal period. Renewals shall be automatic unless complaints have been received by the noise administrator, in which case the same process shall be followed for renewals as for the original permit, except that written notice of the renewal shall be provided to all complainants.
(h) Fees. All initial applications for a permit shall be subject to a $150 non-refundable application fee. In the event complaints have been received and the renewal is not automatic, the fee for the renewal of a permit shall be $150. There shall be no fee for automatic renewals.
(a) That a single neighborhood is not impacted for longer than four weeks, and
(b) That those persons residing adjacent to the street which is to be worked on shall receive notice of the project at least one week in advance of the beginning of work. (Added by Ord. 97-023 § 1, June 4, 1997, Eff date Jan. 1, 1998; Amended by Ord. 99-037 § 2, June 9, 1999, Eff date June 21, 1999; Amended by Ord. 02-098, Dec. 9, 2002, Eff date Feb. 1, 2003).