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Noise Code: Changes Untested on Difficult Cases; Training and Guidance Could Help
June 12, 2018
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In 2015, the King County Council amended the county noise code to expand tools for enforcement, clarify which agencies are responsible for implementation, and increase penalties for violations. Noise enforcement is generally working well. However, the King County Sheriff’s Office (KCSO) has not emphasized implementation of the noise code, and has not trained its deputies on how to handle difficult noise issues. As a result, KCSO rarely issues citations for violating the noise code, and a small number of chronic noise cases are unresolved.
Status
Of the 2 recommendations:
| DONE | 2 | Recommendations have been fully implemented. Auditor will no longer monitor. |
|---|---|---|
| PROGRESS | 0 | Recommendations are in progress or partially implemented. Auditor will continue to monitor. |
| OPEN | 0 | Recommendations remain unresolved. Auditor will continue to monitor. |
| CLOSED | 0 | Recommendation is no longer applicable. Auditor will no longer monitor. |
Summary
When the County Council changed the noise code in 2015, it requested that we conduct this audit to see how the changes are working. The Council changed the code to make noise violations easier to enforce, particularly for difficult cases. The purpose of the audit is to assess the extent to which the noise code is working as intended.
The King County agencies that enforce the noise code deal effectively with noise in most cases. However, while the 2015 changes to the noise code clarified language and reduced barriers to implementation, it did not result in more effective noise enforcement in difficult cases. Some of these difficult noise situations persist because of a lack of emphasis from the King County Sheriff’s Office (KCSO) and uncertainty about how to apply the revised code.
KCSO deputies rarely write citations for noise code violations. We found that in response to over 7,000 complaints, KCSO issued one noise citation in the two years before the code change, and three noise citations in the two years following the code change. In the vast majority of cases, noise complaints to KCSO are not repeated, indicating that a verbal warning was effective at controlling the noise, and a citation was not necessary. At locations with multiple noise complaints, however, the lack of citations means KCSO is not making use of the enforcement tools provided in the revised code: increasing monetary penalties for successive citations within a year.
Additionally, some noise complaints involve complex enforcement issues. In these situations, the lack of citations issued by KCSO results in the absence of a pattern of court decisions on appeals that KCSO could use to inform the way it implements the noise code. Without court decisions on appeals, the effectiveness of the noise code cannot be determined. We found enforcement to be effective for animal and construction noise complaints, which the Regional Animal Services of King County and the Department of Permitting and Environmental Review handle respectively
We recommend that KCSO work with the Prosecuting Attorney’s Office to obtain guidance over complex noise cases, develop procedures for handling noise complaints, and provide training to deputies.
Reports related to this audit
Currently, there are no related reports to this project.
Audit team
Larry Brubaker, Laina Poon, and Ben Thompson conducted this audit. If you have any questions or would like more information, please call the King County Auditor's Office at 206-477-1033 or contact us by email KCAO@kingcounty.gov.