Item 1: PH on Ordinance Concerning Noise Disturbance

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It is not uncommon for noise disturbances to occur, or for residents to want to address problems, during evening and weekend hours. PDD staff would be able to schedule sound readings during these times, as was done before the 2001 Land Use Code update; however, staff is not available for unscheduled compliance work during evenings and weekends. Effective enforcement: The City of Davis, CA, reports that noise enforcement is a relatively low priority compared to other kinds of compliance issues. With leaf blowers, as an example, community self- monitoring is paramount, because city staff is unable to quickly respond to and verify complaints regarding duration and location of use. People disturbed by leaf blowers (and other noise disturbances) may have to document potential violations through recording and photographs. Given enforcement experience here and in other communities, the new standards may have greater success through self- monitoring, and the City’s ability to respond to inquiries may not always meet each complainant’s expectations. Science of sound measurement: Consistent with noise pollution ordinances in other communities and with the City’s previous regulations, the proposed ordinance incorporates sound level readings and one- hour equivalents using an A-weighted level. There are other ways to measure noise, including low- frequency rumbling noises that travel far and move through walls. Some communities establish zones and schedules, with decibel restrictions set by location and time of day. And, finally, a “reasonable person” standard would provide both less precision and greater flexibility than numerical standards. The proposed ordinance is staff’s assessment -- based on review of other regulations and general-interest noise pollution literature – about what could be reasonably communicated and administered in this community. It is important to note that staff has not consulted sound engineers or other specialists. Exemptions: When Lane County recently sought to conduct night-time work on Delta Highway, it first had to obtain a noise variance from the City of Eugene. In the proposed ordinance, the expanded exemption for city, county or state and persons under contract to these entities would treat the different levels of government much the same – no variance would be needed by other government agencies. In addition, using language from Davis, California, the proposed exemption would apply not only to road construction, but to sounds produced by maintenance of trees and landscaping, street sweeping and similar activities. This would exempt government agencies from the restrictions applicable to other commercial, industrial and residential uses and activities, including leaf blowers and mechanical systems. City staff uses leaf blowers on parks land, bike paths and other surfaces, and at City Hall and other properties. The current leaf blower used by Facility Management staff in the downtown area had the lowest decibel reading available at time of purchase, operating at a maximum level of 65 dB. Older leaf blowers, which may be in use by residents and other agencies, may operate significantly higher. Commercial and industrial noise in residential areas: The proposed ordinance includes provisions to protect residents in residential zones from certain commercial and industrial noise. It does not include the exemption language that the “old” Land Use Code provided for uses, activities, equipment and processes established before January 1982, which enabled a bypass under certain conditions. The proposal also narrows the applicability to residentially zoned properties, and does not include residences in industrial zones. A brief review of ordinances in other communities showed that some have exemptions, while others do not. The council may wish to explore exemption options. L:\CMO\2007 Council Agendas\M070116\S0701161.doc