Chapter 9.10
NOISE CONTROL
Sections:
9.10.050 Administration and enforcement.
9.10.010 Policy.
Certain activities desirable for the economic, social, political, educational and technical advancements of the citizens of the city may require the production of sounds that offend, disrupt, intrude or otherwise create hardship among the citizenry. The time or manner of sound, however, may constitute a hazard to the health, safety, welfare, and quality of life of citizens of the city.
It is the policy of the city to limit and regulate sound deemed to be harmful to the health, safety, welfare and quality of life of the citizens of the city, and this chapter shall be liberally construed to effectuate that purpose. (Ord. 96-8 § 1)
9.10.020 Definitions.
For purposes of this chapter, the following words shall have the following meanings:
“Audio or video equipment” means audio or video equipment that produces sound, including but not limited to compact disc players, phonographs, radios, stereo systems, tape players, tape recorders, televisions and video cassette recorders.
“Construction activity” means noise generated by any construction activity, including but not limited to noise produced by manual, mechanical, pneumatic, electric, or any other means during surveying, laying out, staging, land clearing, excavation, grading, paving, landscaping, construction, finishing, or any other activity relating to construction of any building, structure or other improvement including streets, roads, and sidewalks.
“Noise-sensitive unit” means real property normally used for sleeping, or normally used as schools, churches, hospitals or public libraries. Property used in industrial or agricultural activity is not noise-sensitive property unless it meets one or the above criteria in more than an incidental manner.
“Plainly audible sound” means unambiguously communicated sound that is:
1. Spoken speech;
2. Music; or
3. Mechanical or electronic noise.
“Premises open to the public” means street, parking lot or other premises open to the general public for the use of motor vehicles, whether the premises are publicly or privately owned and whether or not a fee is charged for the use of the premises.
“Public right-of-way” means the area between boundary lines of a street or other area dedicated to the public.
“Sound-producing source” means anything that is capable of making sounds that can be measured by a sound level meter as provided in LCMC 9.10.030(A)(1). “Sound-producing source” includes, but is not limited to, the following:
1. Air conditioning or heating units, heat pumps, refrigeration units (including those mounted on vehicles), and swimming pool or hot tub pumps;
2. Air horns, bells or sirens;
3. Audio or video equipment;
4. Domestic tools, including chain saws, electric drills, electric saws, hammers, lawn mowers, leaf/snow blowers and similar tools;
5. Loudspeakers or public address systems;
6. Musical instruments;
7. Spoken speech;
8. Vehicle engines or exhaust systems, other than regular traffic upon a highway, road or street;
9. Vehicle tires, when caused to squeal by excessive speed or acceleration;
10. Residential parties that are plainly audible to noise-sensitive units that are not the source of the noise.
“Vehicle” means any device in, upon or by which any person, animal or property is or may be transported or drawn upon a highway, including but not limited to vehicles that are propelled or powered by any means. (Ord. 2016-23 § 2; Ord. 96-8 § 1)
9.10.030 Prohibitions.
A. No person may produce or permit to be produced, with a sound-producing source, sound that:
1. When measured at or within the boundary of property on which a noise-sensitive unit which is not the source of the sound is located:
a. Exceeds 50 dBA at any time between 9:00 p.m. and 7:00 a.m. the following day, or
b. Exceeds 60 dBA at any time between 7:00 a.m. and 9:00 p.m. the same day;
2. Is plainly audible at any time between 7:00 a.m. and 9:00 p.m. the same day at a distance of at least 100 feet from the source of the sound;
3. Is plainly audible at any time between 9:00 p.m. and 7:00 a.m. the following day:
a. Within a noise-sensitive unit that is not the source of the sound, or
b. On a public right-of-way at a distance of at least 50 feet from the source of the sound.
B. A violation of any provision of this chapter is a Class B violation. (Ord. 2016-23 § 1; Ord. 2015-10 §§ 5, 6; Ord. 96-8 § 1)
9.10.040 Exceptions.
The following are exceptions to the prohibitions of LCMC 9.10.030:
A. Sounds caused by organized athletic or other group activities, when such activities are conducted on property generally used for such purposes, such as stadiums, parks, schools, churches and athletic fields. This exception shall not impair the city’s power to declare such event or activity in violation of other laws, ordinances or regulations.
B. Sounds caused by emergency work, or by the ordinary and accepted use of emergency equipment, vehicles and apparatus, regardless of whether such work is performed by a public or private agency, or upon public or private property.
C. Sounds caused by bona fide use of emergency warning devices and alarm systems.
D. Sounds regulated by federal law, including but not limited to sounds caused by aircraft or commercially licensed watercraft operations.
E. Sounds caused by blasting activities when performed, under a permit issued by appropriate governmental authorities, between the hours of 9:00 a.m. and 4:00 p.m. of the same day, excluding weekends and legal holidays.
F. Sounds caused by industrial, agricultural or construction activities during the hours of 7:00 a.m. to 7:00 p.m. of the same day.
G. Sounds caused by regular vehicular traffic upon premises open to the public.
H. Sounds caused by domestic tools during the hours of 7:00 a.m. to 9:00 p.m.
I. Sounds caused by Highway 101 night work, subject to the following:
1. This exception authorizes, between the hours of 7:00 p.m. and 7:00 a.m., highway, roadway and utility construction and relocation activities within the Highway 101 and adjacent city right-of-way and extending 250 feet onto adjacent public/private lands and approved staging areas. This exception applies to state of Oregon and city projects, whether conducted by employees or contractors, and to approved projects by public utility providers.
2. Notwithstanding the above, to qualify for the exception the public agency or utility provider shall provide public notice, including door hanger notice, to all occupied residential properties and commercial hotel/motel establishments within the project area approximately 48 hours prior to the commencement of the work. For purposes of this section, project area shall extend 500 feet from the project limits. Notwithstanding the above, for projects extending more than seven days, the city engineer shall determine the form of notice and the number of additional notice(s) required, if any.
J. Sounds caused by a special event, permitted pursuant to Chapter 5.16 LCMC, or parade, permitted by Chapter 10.12 LCMC, provided the event or parade is operated or conducted consistent with the terms and conditions of the permit, including but not limited to permit duration and authorized hours of operation. (Ord. 2014-13 § 1; Ord. 2013-19 § 1; Ord. 96-8 § 1)
9.10.045 Noise variance.
Any person who is planning the use of a sound-producing source which may violate any provision of this chapter may apply to the city manager or designee for a variance from such provision.
A. Application. The application shall state the provision from which a variance is being sought, the limited period of time the variance is to apply, the reason for which the variance is sought, the amplification permit fee, as set by resolution, and any other supporting information which the manager may reasonably require.
B. Review Considerations. The manager shall consider:
1. The nature and duration of the sound emitted.
2. Whether the public health, safety or welfare is endangered.
3. Whether compliance with the provision would produce no benefit to the public.
4. Whether previous permits have been issued and the applicant’s record of compliance.
5. Content of the noise is not a consideration; decibel level and any threatened disruption of surrounding property owners and the public is the paramount consideration.
C. Time Duration of Variance. A variance may be granted for a specific time interval only.
D. The manager shall, within 10 days, deny the application, approve it, or approve it subject to conditions. Conditions shall be strictly observed.
E. The manager’s decision may be appealed as provided in the uniform administrative appeals ordinance, Chapter 1.26 LCMC. Notice of appeal shall be received by the city recorder’s office with the appeals fee within seven calendar days of personal service of the decision or 10 calendar days of mailing of the decision.
F. The manager may at any time before or during the operation of a variance granted by the manager revoke the variance for good cause.
G. Violation of the terms and conditions of a variance shall be considered a Class B violation. Any violation of the noise ordinance outside the duration of the variance shall be considered a Class B violation. (Ord. 2015-10 § 6; Ord. 2014-13 § 2)
9.10.050 Administration and enforcement.
A. The city manager, or a person designated by the city manager, may issue citations for violations of the provisions of this chapter.
B. If the city manager, or a person designated by the city manager, believes that an object causing a sound believed to be a violation likely may be used to persist in causing additional violations of the provisions of this chapter, then the city manager, or person designated by the city manager, upon issuance of a citation, may seize the object and impound it. The municipal court, upon disposition of the issued citation, shall determine whether the object shall be returned to the defendant or deemed forfeited contraband.
C. In addition to other remedies provided by this chapter, a violation may be enjoined by a civil action pursuant to ORS 30.315. (Ord. 96-8 § 1)