A. The following sounds are exempt from the provisions of this chapter:
1. Sounds caused by natural phenomena or wildlife;
3. Sounds created by emergency equipment and work necessary for law enforcement or for the health, welfare and safety of the community;
4. Sounds created by portable generators during periods when there is no electrical service available from the primary supplier due to natural disaster or power outage;
5. Sounds created by stationary generators that do not exceed a sound level of 75 dBA at any property line during periods when there is no electrical service available from the primary supplier due to natural disaster or power outage;
6. Sounds originating from aircraft in flight;
7. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC;
8. Sounds created by watercraft when regulated by WAC Title 173, as now or hereafter amended;
9. Sounds created by surface carriers engaged in interstate commerce by railroad;
10. Sounds created by safety and protective warning devices where noise suppression would render the device ineffective;
11. Sounds created by existing electrical substations and stationary equipment used to convey water, wastewater or natural gas by a utility;
12. Sounds from existing industrial installations which exceed standards contained in these regulations and which, over the previous three years, have consistently operated in excess of 15 hours per day as a consequence of normal necessity and/or demonstrated routine normal operation. Changes in working hours, which would increase the average day-night sound level (Ldn), require written approval of the director of the development services department;
13. Sounds, including sounds created by sound amplification equipment, emanating from any event or activity, for which a permit has been issued pursuant to Chapter 3.43 or 14.50 BCC; provided, that sound created by sound amplification equipment from such event shall be exempt only if the permit issued pursuant to Chapter 3.43 or 14.50 BCC authorized the use of sound amplification equipment and such use was in compliance with all terms and conditions of the permit; and
14. Sounds created by sound amplification equipment which have been approved through, and are in compliance with all terms and conditions of, a conditional use permit pursuant to Chapter 20.30B LUC.
B. The following sounds are exempt from the provisions of this chapter at all times if the receiving property is in Class B and Class C EDNAs, and between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends if the receiving property is located in a Class A EDNA (except as noted below):
1. Sounds created by bells, chimes and carillons not operating continuously for more than five minutes in any one hour; and
2. Sounds created by the repair or installation of essential utility services and streets; and
3. Construction sounds relating to temporary repairs, additions, remodels, or maintenance projects on existing single-family homes, grounds and appurtenances. Construction sounds related to the above activities must cease by 8:00 p.m. (except that sounds created by heavy equipment will be regulated pursuant to the construction noise exemption contained in subsection C of this section); and
4. Sounds emanating from discharge of firearms on legally established shooting ranges; and
5. Sounds created by repairing, rebuilding, modifying, operating or testing any motor vehicle or internal combustion engine (except for portable and stationary generators located in a Class A EDNA which are exempt only during the hours of 9:00 a.m. to 6:00 p.m. daily when electrical service is available from the primary supplier and except for heavy equipment, which will be regulated pursuant to the construction noise exemption contained in subsection C of this section); and
6. Sounds created by commercial business activity including, but not limited to: handling containers and materials; or sweeping parking lots and streets (except sweeping parking lots of businesses engaged in retail trade as defined in the Standard Industrial Classification Manual is exempt until 12:00 midnight); or boarding domestic animals (except expanded hours of operation may be authorized by the applicable department director).
C. Sounds created by construction and emanating from construction sites are exempt from the provisions of this chapter between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, and 9:00 a.m. and 6:00 p.m. on Saturdays which are not legal holidays. Sounds emanating from construction sites on Sundays or legal holidays or outside of the exempt work hours are prohibited pursuant to BCC 9.18.040 unless expanded hours of operation are authorized by the applicable department director subject to the following criteria. Approval of expanded exempt hours may be authorized if:
1. Necessary to accommodate transportation mitigation such as evening haul routes; construction on schools and essential government facilities which cannot be undertaken during exempt hours; construction activities and site stabilization in the fall prior to the onset of winter weather; or emergency work; or
2. Sounds created by construction will not exceed the maximum permissible environmental noise levels contained in BCC 9.18.030 as verified by sound level monitoring conducted before and during construction by a qualified acoustic consultant.
D. Sounds created by sound amplification equipment, and not otherwise permitted pursuant to subsections (A)(13) and (A)(14) of this section, as now or hereafter amended, may be authorized by the director of the development services department pursuant to BCC 9.18.045A, as now or hereafter amended.
E. Sounds originating from public parks, playgrounds, and recreation areas are exempt from the provisions of this chapter during the hours the parks, playgrounds or recreation areas are open for public use as established under Chapter 3.43 BCC, as now existing or hereafter amended and modified.
F. The sounds in subsections B, D and E of this section are subject to the maximum permissible environmental sound levels in BCC 9.18.030 and the noise disturbance provisions in BCC 9.18.040 at all times other than when they are specifically exempt or authorized.
G. Nothing in these exemptions is intended to preclude the applicable department director through the authority of the State Environmental Policy Act from requiring installation of the best available noise abatement technology consistent with feasibility. (Ord. 6657 §§ 1, 2, 2022; Ord. 6426 §§ 1, 2, 3, 2018; Ord. 5897 § 3, 2009; Ord. 5821 § 14, 2008; Ord. 5719 § 4, 2007; Ord. 5300 § 2, 2001; Ord. 5194 § 2, 2000; Ord. 4996 §§ 4, 5, 1997; Ord. 4277 § 1, 1991; Ord. 4241 § 3, 1991; Ord. 3491 § 1, 1985.)