Item 1: PH on Ordinance Concerning Noise Disturbance

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Concerning Noise Disturbances; Amending Sections 4.083, and 4.084 of the Eugene Code, 1971; and Adding Sections 6.750 and 6.755 to that Code Meeting Date: Tuesday, January 16, 2007 Agenda Item Number: 1 Department: Planning and Development Staff Contact: Mike McKerrow www.eugene-or.gov Contact Telephone Number: 682-5251 ISSUE STATEMENT The City Council discussed concerns about noise pollution generated by a variety of sources, including leaf blowers, during an August 2006 work session, and directed the City Manager to prepare an ordinance proposing additional restrictions in the Eugene City Code. BACKGROUND In 1996, the City Council discussed noise pollution generated by leaf blowers and similar equipment, but did not adopt a ban or restrictions on noise and use. Before the revised Land Use Code was adopted in 2001, Eugene included performance standards for sound emissions in Chapter 9 (Land Use). Compliance was promoted by the Planning and Development Department, and the more common complaints involved home heating/cooling units and mechanical equipment on commercial and industrial properties. The standards were difficult to administer and were removed from the code, with specific noise restrictions retained for the Natural Resource Zone. Other noise restrictions can be found in Chapter 4 (Offenses). However, noise pollution remains a lower priority for Police enforcement, with most police responses limited to amplified music and similar disturbances. In 2005, the council adopted an ordinance prohibiting operation of a motorized transportation device in a manner “…causing excessive, unnecessary, or offensive noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to a reasonable person of normal sensitivity.” Most recently, during the City Council’s August 2006 work session, officials discussed a proposed ban on leaf blowers and mulch blowers. While rejecting an outright ban, the council asked for an ordinance that included restrictions on time, duration and location of use for leaf blowers, similar to those in other jurisdictions. The council also discussed the impacts of commercial and industrial noises in residential neighborhoods, and directed staff to review the existing code for other possible gaps. Defining Noise Pollution Many consider noise pollution a byproduct of a growing population, density and mixed uses -- and the sounds of mechanization. However, at community, state, national and international levels, numerous L:\CMO\2007 Council Agendas\M070116\S0701161.doc