Automobile Nuisances

Vehicle Repair on Public or Residential Property

In a situation where an individual continuously parks one or more vehicles in a front yard or on the street for the purpose of working on the vehicles, there are several methods of addressing the problem.

Most of the city and county ordinance provisions address automobile repair as a nuisance. Another approach is to regulate automobile repair through the zoning code, as in Everett. Some local governments regulate automobile repair through parking provisions, such as the Burlington example.

If an individual's auto repair "hobby" takes on characteristics of an automobile repair shop operating from their property, the use may meet the local zoning code definition of an "auto repair facility," which is generally not a permitted use in a residential zone. Automobile repair on public streets is prohibited by WAC 308-330-436, part of the Model Traffic Ordinance.

Examples

• Bellingham Municipal Code Sec. 10.28.020(O) — Nuisances Declared. Declares the repairing of automobiles or vehicles of any kind upon the public streets or in the alleys of the city a nuisance.
• Burlington Municipal Code Sec. 10.12.200 — Repair on public property prohibited – Exception. Includes exception for emergency repairs
• Elma Municipal Code Sec. 8.16.020(R) — Public nuisance declared
• Everett Zoning Code Sec. 19.39.080 — Vehicle and equipment repair on residential premises

Vehicle Parking and Storage on Residential Property

Some cities adopt restrictions in their zoning codes and parking regulations that prohibit the parking of vehicles outside of "driveways" or within required front- and side-yard areas. The key to enforcement of these types of regulations appears to be an adequate definition of "driveway" or "parking area" applicable to the residential zone; specification of required minimum front-, side-, and rear-yards, including landscaping; and prohibitions against parking vehicles outside of driveways or other allowable parking areas. See, for example, Bellingham Municipal Code Sec. 11.33.185

Restrictive parking regulations can be accompanied by provisions allowing parking or storage of vehicles on residential lots if there is appropriate fencing or other screening.

Some cities regulate parking of excessive numbers of vehicles by declaring such accumulations to be nuisances. See, for example,  Lynnwood Municipal Code Sec. 10.08.200 (B)(16), which makes it a nuisance to park the following on residential property: (1) certain commercial vehicles; (2) more than four motor vehicles, with some exceptions; or (3) more than three larger vehicles, such a recreational vehicles, motor homes, trailers, or boats over 14 feet in length.  

Cities also regulate parking of junk vehicles through their nuisance regulations, which we cover on our Junk Vehicles page.

Storage of recreational vehicles on residential lots is often addressed through separate regulations. (See our page Parking and Storage of Oversized Vehicles.) Some jurisdictions enact companion regulations regulating the parking of vehicles on public streets and rights-of-way to avoid the situation where vehicles removed from private property subsequently are parked on public streets. See our page on Parking Regulations for more information on managing parking on public streets.

Examples

• Bellingham Municipal Code Sec. 11.33.185 — Nuisances declared
• Everett Zoning Code Sec. 19.34.040 — Off-street parking requirements, general provisions
• Mountlake Terrace Municipal Code Sec. 8.15.050 — Nuisances – Recreational, utility and motor vehicles

Automobile 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.

Engine or Exhaust Noise

State law requires all vehicles be equipped with mufflers in good working order and prohibits modification of the exhaust system of a vehicle in a manner to amplify or increase the noise emitted from the vehicle (see RCW 46.37.390).

The Washington State Department of Ecology (DOE) has established motor vehicle noise performance standards and maximum permissible noise levels on public highways in Ch. 173-62 WAC. Some cities also further define what level of noise is allowed to be emitted from vehicles. For example, Seattle makes it unlawful for engine or exhaust noise to exceed 95 decibels or for it to be heard by a person of normal hearing at least 75 feet away from the vehicle (see SMC 25.08.430).

Compression Brakes

Compression brakes (also known as Jake brakes), which produce a loud noise when used, are regulated in RCW 46.37.395. Cummins, a compression brake manufacturer, offers information about compression brake noise and proper signage controlling compression brake noise at Engine Braking and Noise Concerns.

Noise resulting from certain emergency uses may not be a violation of local noise ordinances, and many sample ordinances contain an exception for use of compression brakes in emergency situations.

• Bainbridge Island Municipal Code Ch. 10.28 — Compression Brakes
• Clark County Code Sec. 10.02.025 — Unmuffled compression brakes prohibited

Motorcycles, Scooters, Off-Road Vehicles

For off-road vehicles (ORVs), RCW 46.09.470(1)(e) requires mufflers and sets decibel limits. See also RCW 46.09.360 on regulation by local political subdivisions or state agencies.

• Chelan Municipal Code Ch. 8.30 — Noise Levels for Motor Vehicles. See provisions related to motorcycles and ORVs.
• Covington Municipal Code Sec. 8.20.020 (2)(j.) — Public disturbance noises. Regulates motorized foot scooter noise during hours of darkness.
• San Juan County Code Sec. 9.06.040(C)(3) — Noise Disturbances

Squealing, Screeching Tires

• Leavenworth Municipal Code Sec. 9.34.030(7) — Loud or unusual noise prohibited when
• Toppenish Municipal Code Sec. 9.98.030(A) — Public disturbance noises prohibited