HomeMy WebLinkAboutOrdinance No. 0989
Ordinance No. 989 Page 1 of 4
Ordinance No. 989
MEDINA CITY COUNCIL
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING THE
CITY NOISE REGULATIONS AND MEDINA MUNICIPAL CODE CHAPTER
8.06, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Medina Municipal Code (MMC) Chapter 8.06 generally regulates noise
within the City; and
WHEREAS, concerns have been raised that the existing noise regulations do not
sufficiently address noise disturbances and noise impacts in accordance with the City’s adopted
policies in MMC 8.06.010; and
WHEREAS, having reviewed such concerns, the Council finds it appropriate and
necessary to amend and clarify MMC Chapter 8.06 to better implement and achieve the policies
and findings stated in MMC 8.06.010 and MMC 8.06.020; and
WHEREAS, the Council desires to make associated changes to clarify the application
and enforcement of MMC Chapter 8.06;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON,
DOES ORDAIN AS FOLLOWS:
Section 1. Amendment to MMC 8.06.040. MMC Section 8.06.040, entitled
“Definitions”, is amended to add new definitions for the terms “Commercial Construction and
Development Activities” and “Professional Yard Maintenance and Landscaping” which shall be
placed in their respective alphabetical location, and to amend the existing definition of
“Weekend”, as follows:
8.06.040 Definitions
The definitions in this section apply throughout this chapter unless the context
clearly requires otherwise.
*** *** ***
“Commercial construction and development activities” means the performance of
construction activities as defined herein, including any associated or subsidiary
action or the use or movement of equipment or heavy equipment, performed in
exchange for compensation or payment.
“Professional Yard Maintenance and Landscaping” means any outdoor work
intended to change, improve, repair, or maintain a yard or grounds of a property
that is performed in exchange for compensation or payment and is audible from
any location outside the legal boundary of the property where such work is being
performed.
“Weekend” means any Saturday, Sunday and or any legal holiday as set forth in
RCW 1.16.050(1).
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Section 2. Amendment to MMC 8.06.120. Subsection (A) of MMC Section 8.06.120,
entitled “Environmental Sound Levels – Maximum Permissible Nighttime Sound Levels”, is
amended to read as follows:
8.06.120 Environmental Sound Levels – Maximum Permissible Nighttime
Sound Levels
A. Between 10:00 p.m. and 7:00 a.m. on during weekdays, and between
10:00 p.m. and 9:00 a.m. on weekends, the maximum permissible sound levels
in Table 8.06.110 shall be reduced to the levels set forth in Table 8.06.120.
Section 3. Amendment to MMC 8.06.130. MMC Section 8.06.130, entitled
“Exemptions – Sounds Exempt at All Times”, is amended to add new Subsection (I) to read as
follows:
8.06.120 Exemptions – Sounds Exempt at All Times
The following sounds are exempt from the maximum permissible sound levels
set forth in this chapter:
*** *** ***
I. The operation of snow removal equipment by governmental agencies
and commercial entities.
Section 4. Amendment to MMC 8.06.140. Subsection (D) of MMC Section 8.06.140,
entitled “Exemptions – Sounds Exempt During Daylight Hours”, is amended to read as follows:
8.06.140 Exemptions – Sounds Exempt During Daylight Hours
The following sounds are exempt from this chapter between 7:00 a.m. and 10:00
p.m. on weekdays and between 9:00 a.m. and 10:00 p.m. on weekends unless
different hours are specified:
*** *** ***
D. Sounds created by powered equipment when used by a resident or by the
Overlake Golf & Country Club for the in temporary or periodic maintenance or
repair of the their property grounds or its appurtenances of any property
including, but not limited to, lawnmowers, leaf blowers, powered hand tools, and
snow-removal equipment, provided such use their operation is between the
hours of 7:00 a.m. and 7:00 p.m. on weekdays and between the hours of 9:00
a.m. and 7:00 p.m. on weekends;
Section 5. Amendment to MMC 8.06.160. MMC Section 8.06.160, entitled “Limitations
on Construction and Development Activity”, is amended in its entirety to read as follows:
8.06.160 Limitations on Construction and Development Activity Work Hours for
Commercial Construction and Development Activity Activities and Professional
Yard Maintenance and Landscaping
A. General. Commercial construction and development activities and
professional yard maintenance and landscaping may take place only between
7:00 a.m. and 7:00 p.m. on weekdays. On Saturdays, commercial construction
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and development activities may occur between 8:00 a.m. and 5:00 p.m. and
professional yard maintenance and landscaping may occur between 9:00 a.m.
and 5:00 p.m. No such work is allowed on Sundays or legal holidays set forth in
RCW 1.16.050(1).
1. All commercial construction and development activities or associated
operations of any heavy equipment between the hours of 7:00 p.m. and
7:00 a.m. weekdays, and between the hours of 5:00 p.m. and 8:00 a.m.
on Saturday are prohibited.
2. Construction and development activity or use of heavy equipment on
Sundays, or holidays observed by the city, is prohibited.
B. Exceptions. The city manager or designee may authorize in writing
the conduct of commercial construction and development activities or
professional yard maintenance and landscaping outside the hours specified in
subsection (A) above provided such work will not unreasonably interfere with any
residential use and is an emergency. The city manager may attach such
conditions as necessary to minimize the interference and protect the public
health, safety and welfare.
1. The city manager or designee may authorize by written permission to
engage in construction and development activity, or to operate heavy
equipment, during hours outside of the restrictions set forth in subsection
(A) of this section provided:
a. The construction and development activity, or the operation of
heavy equipment, will not unreasonably interfere with any
residential use; and
b. The city manager or designee may attach conditions to the
authorization as necessary to protect the public health, safety and
welfare.
2. The restrictions set forth in subsection (A) of this section shall not
apply to emergency repairs. The city manager or designee shall
determine what constitutes an emergency repair.
Section 6. Corrections. The City Clerk and codifiers of this Ordinance are authorized
to make necessary corrections to this Ordinance, including but not limited to the correction of
scrivener and clerical errors, references, ordinance numbering, section/subsection numbering
and any references thereto.
Section 7. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this Ordinance is declared unconstitutional or invalid for any reason, such invalidity
shall not affect the validity or effectiveness of the remaining portions of this Ordinance.
Section 8. Effective Date. This Ordinance or a summary thereof consisting of the title
shall be published in the official newspaper of the City and shall take effect and be in full force
five (5) days after such publication.
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APPROVED BY THE CITY COUNCIL OF THE CITY OF MEDINA ON THE 12TH DAY OF
OCTOBER, 2020 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 12th DAY OF
OCTOBER, 2020.
PUBLISHED: 10/19/2020
EFFECTIVE DATE: 10/24/2020
ORDINANCE NO. 989