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ORDINANCE Page 2 of 18 <br />A.Declaration of Policy. It is hereby declared to be the policy of the city to minimize the <br />exposure of citizens to the harmful physiological and psychological effects of excessive noise. It <br />is the express intent of the city council to control the level of noise and to promote and preserve <br />the public health, safety, and welfare while affording protection to free speech activity as <br />required by applicable constitutional law. It is the express intent of the city council to control <br />the level of noise in a manner which promotes commerce; the use, value, and enjoyment of <br />property; sleep and repose; the quality of the environment; and which enables all residents of <br />the city to peacefully coexist in a manner which is mutually respectful of the interests and rights <br />of others. <br />B.Findings of Special Conditions. The problem of noise in the city has been studied since 1972 <br />by the city. On the basis of this experience and knowledge of conditions within the city, the city <br />council finds that special conditions exist within the city which makes necessary any and all <br />differences between this chapter and the regulations adopted by the Department of Ecology. <br />C.Types of Noise. <br />1.The City’s different zoning districts establish lawful uses which can be anticipated to produce <br />noise at certain reasonable levels associated with these uses. The provisions of EMC Section <br />20.08.050 utilize thresholds consistent with those set forth in Chapter 70A.20 RCW entitled <br />"Noise Control" and Chapter 173-60 WAC entitled "Maximum Environmental Noise Levels." <br />Regulation of noise due to the use of property for commercial and industrial purposes or <br />operation of fixed equipment in any zone is appropriate for the use of noise measuring devices <br />and a decibel-based approach. Properly trained and certified City staff or a certified consultant <br />trained in the field of sound level measurement can be utilized in these situations when <br />warranted. <br />2.Sporadic noise that is loud and raucous, such as noise due to social gatherings, car repair, <br />landscape maintenance, or amplified music, and noise generated for the purpose of annoyance, <br />is episodic in nature and subject to the plainly audible standard. The provisions of EMC Section <br />20.08.090 are aimed at those situations that are difficult or impossible to address through sound <br />level measurement. In this instance, the plainly audible standard is warranted. <br />C.Enforcement. In any proceeding under this chapter, unless specifically required by regulations <br />adopted herein by reference, evidence of sound level through the use of a sound level meter <br />reading shall not be necessary to establish the commission of the violation. <br />D.Administration. The administrator shall have the authority to administer and enforce this <br />chapter and is authorized to adopt procedures, policies, rules or guidelines; and conduct <br />inspections. <br />20.08.015 Adoption of state laws and regulations by reference. <br />Chapters 46.37 and 70A.20 RCW, Chapters 173-58, 173-60 and 173-62 WAC as existing on the <br />date of enactment of the ordinance codified in this chapter or as hereafter amended by the