Item 1: PH on Ordinance Concerning Noise Disturbance

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organizations have formed over the last 20-plus years to seek reductions in noise pollution for a quieter “public commons.” Noise pollution is unique. It is transient – once it stops, the environment is free of it. It can be measured, but monitoring cumulative exposure is challenging. It is subjective, with certain noises considered pleasant to some and annoying to others. Impacts of sound extend beyond the actual loudness and include time and place, duration, source, and whether the listener has control over the noise. Noise pollution has been implicated in performance reduction, adverse social behavior, cardiovascular problems, stress and loss of sleep. It is difficult to know at exactly what point noise becomes loud enough to cause damage to the ears. The U.S. Environmental Protection Agency has established 70 dBA as a safe average for a 24-hour day, with dBA meaning decibels (sound intensity) measured with the commonly used “A” filter. This level is based only on risk to hearing. (An average washing machine is considered to be at 75 dBA when in use. A typical conversation occurs at about 60 dB.) Highlights from the Proposed Ordinance The proposed ordinance splits regulations addressing relatively “acute” and “chronic” disturbances between Eugene Code Chapters 4 (Offenses) and 6 (Environment). The separate provisions would be administered by Police and Planning and Development, respectively. Chapter 4 would retain provisions related to amplified music and animal sounds. The provision relating to dog-barking has been expanded to include other animal noise disturbances, with language reflecting the current practice that links a violation to a continuous disturbance rather than occasional or intermittent noise. Many of the other provisions would move to Chapter 6. The variance section has been simplified and is proposed to be included in Chapter 6. [In addition to environmental regulations, Eugene Code Chapter 6 also includes nuisance provisions (e.g., accumulations of debris, odor).] Restrictions on leaf blower noise are proposed, modeled on regulations for the City of Davis, California. Two areas that were covered by the “old” land use code are proposed to be incorporated into Chapter 6: residential pumps and commercial/industrial noise disturbances in residential areas. The recommended language has been simplified to aid compliance. The proposed ordinance also would grant an exemption to other government agencies for sounds generated from activities by or at the request of the agency in maintenance, construction or repair of public improvements, in public rights-of-way or easements. Such an exemption already applies to the City of Eugene. Potential Issues with New Regulations and Noise Pollution Enforcement Resources and workload: Despite the negative impacts noise pollution can have on community members, adoption of new regulations does not necessarily give all noise complaints top priority for enforcement resources. Both Police and Planning and Development will continue to juggle a variety of tasks and projects to advance council goals and the array of regulations that support a safe, healthy and vibrant community. With proposed changes in Chapter 6, Planning and Development, rather than Police, would assume responsibility for a good portion of the noise provisions. These would be assigned to the department’s three FTE in zoning and nuisance investigation and compliance. These staff members currently handle a broad range of information and enforcement activities associated with trees, signs, nuisances, land use and zoning, smoking and overnight camping. L:\CMO\2007 Council Agendas\M070116\S0701161.doc