Item 5: Ordinance Concerning Noise Disturbances

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: 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: February 26, 2007 Agenda Item Number: 6 Department: Planning and Development Staff Contact: Mike McKerrow www.eugene-or.gov Contact Telephone Number: 682-5251 ISSUE STATEMENT The Mayor and City Council held a February 20, 2007, public hearing on a proposed ordinance addressing noise disturbances. This item is scheduled for action on the proposed ordinance, which includes restrictions on use of leaf blowers, standards for commercial and industrial noise in residential neighborhoods, and more specific language about animal noise. BACKGROUND The City Council in 1996 discussed noise pollution generated by leaf blowers and similar equipment, but did not adopt a ban or restrictions on noise and use. More recently, in August 2006, the council again discussed leaf blowers and mulch blowers. There was not a majority vote during that work session to ban leaf blowers. However, council asked staff to prepare an ordinance restricting leaf blower use, and to look at existing noise disturbance regulations for potential gaps. Before the revised land use code was adopted in 2001, Eugene included performance standards for sound emissions in Chapter 9 (Land Use). Enforcement was handled by the Planning and Development Department. These standards were eliminated with the code update, though some standards remained for properties in the Natural Resource Zone. Other regulations on noise disturbances remained in Chapter 4, and continued to be administered by the Eugene Police Department. However, noise pollution is a lower priority for Police enforcement, with most police responses limited to amplified music and similar disturbances. The ordinance that has been proposed would split noise disturbance regulations between Chapters 4 and 6 in the City Code, and assign enforcement responsibilities for certain provisions to the Planning and Development Department. In the weeks leading to the public hearing, staff received inquiries and comments on the following: Animal noise - Eugene Code now prohibits “Keeping any animal which frequently or for a long ? duration makes vocal or other sounds so as to create a noise disturbance.” The proposed ordinance adds language setting a threshold of 15 minutes of continuous noise. There have been suggestions that existing code and enforcement practices, as well as the proposed language, are either too liberal or too restrictive. Commercial and industrial sounds - The proposed ordinance would restrict the sound levels from ? commercial and industrial noise within residentially zoned properties. There has been some L:\CMO\2007 Council Agendas\M070226\S0702266.doc