6.04.055 Public nuisances affecting peace.
A. It is hereby declared to be the policy of the city of Monroe to minimize the exposure of citizens to the harmful physiological and psychological effects of excessive noise. It is the express intent of the city to control the level of noise in a manner which promotes commerce, the use, value and enjoyment of property, sleep and repose, and the quality of the environment. Noises prohibited pursuant to this section are therefore designated as public nuisances.
B. No person shall cause or permit the following categories of noise to intrude into the property of another person which noise exceeds the maximum permissible noise level set forth in WAC 173-60-040, which section is hereby adopted by reference:
1. Sounds created by construction activity, including, but not limited to, sounds created by special construction equipment (such being any vehicle, tool, or other implement which is designed and used primarily for grading, paving, earthmoving, pumping, and other construction work) and including operation or idling of trucks weighing in excess of fifteen thousand pounds GVWR between the hours of eight p.m. and seven a.m., Monday through Friday, and between the hours of eight p.m. and nine a.m., Saturday, Sunday, and legal holidays per RCW 1.16.050. Exception: construction noise resulting from local, state or national emergencies.
2. Sounds created by powered or hand-operated equipment used in the temporary or periodic maintenance or repair of residential property, including grounds and appurtenances thereof, such as hammers, saws, lawnmowers, powered hand tools, snow removal equipment, and composters between nine p.m. to seven a.m.
C. No person shall operate any motor vehicle or any combination of such vehicles upon any public highway in violation of standards specified in WAC 173-62-030(1) through (4), which subsections are hereby adopted by reference. For purposes of this chapter, “public highway” means the entire width between the boundary lines of every road, street, alley, lane, boulevard, parking lot, and every way or place in the city, whether publicly or privately maintained, when any part thereof is open at any time to the use of the public for purposes of vehicular traffic, except as exempted as set forth in WAC 173-62-040, which section is hereby adopted by reference.
D. Administrative departures from any requirement of subsection (B) of this section may be granted by the community development director or his/her designee, if the applicant can demonstrate to the director’s satisfaction that granting such administrative departure would reduce the severity of impact on public roadways or utilities.
1. The applicant shall submit the request upon a form approved by the community development director. At a minimum, the application submittal shall include:
a. The name, address and contact information of the applicant;
b. The location, site address, parcel number of the affected property;
c. The city case number of the underlying development permit, if applicable;
d. The name, address, telephone number, and e-mail address of the after-hours contact person who shall be on site during extended construction hour periods, if applicable;
e. The dates, times and duration of all work periods proposed to occur beyond the construction noise hours as set forth within subsection (B) of this section, if applicable;
f. The type of construction work proposed to be performed during the expanded hours period, if applicable;
g. The reason the work must occur outside the normal construction noise hours, if applicable; and
h. Other information as determined necessary by the community development director to evaluate the request;
2. The application shall be accompanied by a fee as established by city council resolution;
3. The director shall have seven calendar days following receipt of a complete construction noise hours expansion request to approve, conditionally approve, or deny the request;
4. If a departure is approved by the director, notification to surrounding property owners and residents shall be provided by the applicant as set forth below:
a. The applicant shall cause to be mailed or hand-delivered to all property owners and all residents within three hundred feet of the subject property a postcard or letter stating that the city has authorized an expansion of the allowed construction noise hours;
b. The postcard or letter shall contain language, including contact information, as established by the community development director;
c. The notice shall be mailed at least seventy-two hours before expanded construction noise hours commence; and
d. Failure to provide timely notice shall result in a delay of the commencement of the expanded construction hours until notification as required herein is provided;
5. A decision of the community development director or his/her designee issued under the authority of this subsection (D) shall be administratively appealable to the hearing examiner pursuant to Chapter 2.34 MMC. (Ord. 011/2018 § 2)