Click here to skip to main content.
scenic picture from Washington state
Subjects › Legal › Nuisances › Noise Nuisances - Public Disturbance Noise
Updated 04/2011

Noise Nuisances - Public Disturbance Noise

Contents

Audio Devices

  • Clyde Hill Municipal Code Sec. 8.10.030 (Adobe Acrobat Document) - Noise Regulations - Prohibited Acts
  • Ocean Shores Ordinance No. 784 (Adobe Acrobat Document), 12/2004 - Portable and Vehicle Stereo Equipment

Construction Noise

Some jurisdictions regulate construction site noise by establishing designated hours for permitted construction for certain zones, such as in or near residential zones. Others regulate construction noise through a provision in their general noise control ordinance.

Motor Vehicle Noise

When adopting noise control ordinances relating to the operation of motor vehicles, cities and counties should be aware of state laws regulating commercial and private motor vehicles, and state administrative regulations on these subjects. The DOE has established motor vehicle noise performance standards and maximum permissible noise levels on public highways in Ch. 173-62 WAC.

Compression Brakes

Compression brakes are legal equipment under Ch. 46.37 RCW, and the noise resulting from certain emergency uses may not be a violation of local noise ordinances. State provisions were amended by Laws of 2005, ch. 320 (Adobe Acrobat Document to require that a driver of a vehicle equipped with compression brakes may not use the device unless the vehicle also contains an operational muffler and exhaust system. This system must maintain the noise level at 83 decibels or less for vehicles manufactured after January 1, 1979, and 80 decibels or less for vehicles manufactured after January 1, 1988. If a vehicle does not contain a muffler and exhaust system that meets these standards, the driver may still use compression brakes if the driver reasonably believes that an emergency exists that requires the use of the device to:

  • protect against an immediate threat to the physical safety of the driver or others;
  • protect against an immediate threat to property; or
  • reduce the speed of the vehicle on a downhill grade.

A person violating these requirements is subject to a $250 monetary penalty for the first violation, a $500 monetary penalty for the second violation, and a $750 monetary penalty for each subsequent violation. Local jurisdictions are allowed to adopt more restrictive ordinances regarding the use of compression brakes. The Washington State Patrol is to adopt rules for law enforcement agencies to enforce these requirements. (From Final Bill Report)

Most of the sample ordinances contain an exception for use of compression brakes in emergency situations. See RCW 70.107.030(2)(b) and WAC 173-62-030(3). Information about compression brake noise and a "heads-up" on the use of signs that use the words "Jake Brakes" appears on the Jacobs Vehicle Systems website, Noise Concerns.

  • Bainbridge Island Municipal Code Ch. 10.28 - Compression Brakes
  • Clark County Ordinance No. 2000-01-01, passed 01/2000 - Prohibits the non-emergency use of unmuffled compression brakes

Motorcycles

Scooters, Off Road Vehicles

  • Off Road Vehicles - RCW 46.09.120(e) requires mufflers and sets decibel limits. See also RCW 46.09.180 - Regulation by local political subdivisions or state agencies.
  • Covington Municipal Code Sec. 8.20.020(2)(j) - The creation of sounds from gas-powered motorized foot scooters between the hours of 9:00 p.m. and 7:00 a.m. or during any “hours of darkness,” as that phrase is defined in RCW 46.04.200. For purposes of this section, the times of sunset and sunrise shall be those times designated in a newspaper of local circulation including the King County Journal, the Seattle Times or the Seattle Post-Intelligencer. (Ordinance 21-04)

Squealing, Screeching Tires

Machinery

Heat Pump and Air Conditioners

Heat Pumps and air conditioners are generally regulated by the building and zoning codes.

  • Lynnwood Municipal Code Sec. 21.44.400(B) - Public and Semi-Public Zone - Accessory Structures and Uses [...] C. Heat Pumps
  • LaConner Municipal Code Sec. 7.05.010(3) (Adobe Acrobat Document) - Public nuisance and disturbance noises – Defined and designated - repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding, or testing [...]
  • Seattle Municipal Code Sec. 23.44.014 - Yards (12.) Heat Pumps. Heat pumps and similar mechanical equipment permitted if they comply with the requirements of Ch. 25.08, Noise Control

While hand and power tools and tools such as power blowers are viewed as labor saving devices, they can be viewed as nuisances because of the noise and dirt blown into the air, and, in the case of gasoline powered devices, because they contribute to air pollution. Many cities have regulated the times in which they may be used. A number of California cities have placed bans on the use of gas powered blowers.

  • Clyde Hill Municipal Code Sec. 8.10.030 (Adobe Acrobat Document) - G. Noise level and hours of operation
  • Shoreline Municipal Code Sec. 9.05.010(c)(9) - Hours of operation
  • Tumwater Municipal Code Sec. 8.08.030(M) - Unnecessary Noises - Hand or power tools, blowers, machinery
  • Woodland Ordinance No. 1212 (Adobe Acrobat Document), passed 06/2011

Rock Crushing, Gravel Operations

Generally, noises from manufacturing and extraction are regulated through performance measures.

  • Jefferson County Code Sec. 18.20.240(2)(f) - Mineral extraction, mining, quarrying and reclamation - Performance Standards - Noise
  • Thurston County Code Sec. 17.20.110 - Noise

Miscellaneous

Bell Ringing

  • Puyallup Municipal Code Sec. 6.08.140 - Bell ringing - General noise

Loading Transportation Noise

  • Lynnwood Municipal Code Sec. 10.12.300(12) - Loading or unloading
  • Puyallup Municipal Code Sec. 6.08.130 - Loading or transportation noise

Locomotive Horns (Train Whistles)

Under the Swift Rail Development Act of 1994 (49 U.S.C. § 20153), the Federal Railway Administration (FRA) proposed regulations governing the use of locomotive horns at highway-rail grade crossings. The FRA issued a Final Rule for the "Use of Locomotive Horns at Highway-Rail Crossings" on August 17, 2006. The rule requires that locomotive horns be sounded as a warning to highway users at public highway-rail crossings. Although the federal rule will preempt state and local laws governing the same subject matter, the rule allows local governments to create "quiet zones," provided that certain safety improvements are in place. For more information on the final rule and guidance on the creation of quiet zones, see the FRA Website

Existing state law already authorizes local whistle bans. RCW 81.48.015 authorizes cities and counties to enact ordinances limiting or prohibiting the sounding of locomotive horns, provided the ordinance applies only at crossings equipped with supplemental safety measures. It would appear that, if a local ordinance authorized by RCW 81.48.015 that limits or prohibits the sounding of locomotive horns or whistles creates a "quiet zone" in accordance with the FRA rule, there would be no preemption issue. A few sample documents appear below.

Return to Nuisances Main Page
Return to Noise Control

Related MRSC Resources