Everett committee reviews draft noise ordinance to align city code with state law

The Everett Safe Community Committee on Jan. 8, 2025 heard a presentation from Hill, an attorney in the city's legal department, on a draft noise ordinance that would move most noise enforcement to code enforcement, add a plainly audible standard for disturbance complaints and update district noise limits and measurement methods.

The draft ordinance is intended to bring the city's code into alignment with changes in state law and recent case law, and to create a tiered enforcement scheme for repeat violators. Committee members were told the ordinance distinguishes episodic noise from ongoing noise and revises the process for variances; it also preserves state authority over motor-vehicle equipment and muffler noise while asking the council to consider state-level changes.

Hill told committee members the draft "moves noise enforcement from human resources to code enforcement where the city teams believed that it was better situated." He said the draft adds a "plainly audible" definition and relies on a city code provision (20.08090) that enables enforcement when noise is plainly audible across a real property line or within 50 feet of the source, so officers would not always need a measurement device to act. Hill also said the draft updates allowable measurement technology to reflect higher-quality decibel meters available on many smartphones and clarifies where calibrated meters will be required (primarily for ongoing environmental noise such as construction or industrial sources).

The presentation highlighted two limits on local power. First, Hill said traffic-related noise and equipment limits for motor vehicles are preempted by state law (Title 46 and related statutes) and therefore the city cannot adopt stricter muffler or equipment rules for vehicles on public roadways. "We couldn't, for example, enact an ordinance that had a stricter requirement on muffler noise levels in the city, stricter than what is allowed under state law," Hill said. Second, the committee heard that using automated sound-detection cameras would also require changes in state law before the city could deploy them; Hill described such cameras as a promising tool for complaints that are difficult for officers to catch in real time.

Council Member Tuohy asked when the item might come before the full City Council; Hill said the plan is to bring the draft to the full council in early February. Committee members asked for copies of the draft; Hill agreed to provide the ordinance text for review.

The committee did not take a formal vote on the draft during the Jan. 8 meeting. Staff said they will circulate the ordinance language and the committee may follow up with questions by email before the full council considers the measure.

The city's proposed changes would primarily affect residential neighbors who raise disturbance complaints, businesses and construction sites subject to environmental noise limits, and motorists to the extent state law continues to govern vehicle equipment standards. The committee indicated it expects further review before any ordinance is placed on a council agenda for final action.