Item 5: Ordinance Concerning Noise Disturbances

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DRAFT 12/13/06 (e) Idling engines. Operating for more than 15 consecutive minutes any idling engine in such a manner as to be plainly audible within any dwelling unit between 10 p.m. and 7 a.m. the following day. (f) Loading, unloading, opening boxes. Loading or unloading any vehicle or opening, closing or destroying bales, boxes, crates and containers, between the hours of 10 p.m. and 7 a.m. the following day, so as to create a noise disturbance. (g) Construction or repair of buildings, streets, etc. Constructing (including excavating), demolishing, altering, or repairing any building, street, sidewalk, driveway, sewer or utility line between the hours of 7 p.m. and 7 a.m. the following day. (h) Pile drivers, hammers, lawnmowers, etc. Operating any pile driver, steam shovel, pneumatic hammer, derrick, or steam or electric hoist between the hours of 10 p.m. and 7 a.m. the following day or lawnmower between the hours of 9 p.m. and 7 a.m. the following day.] (i) b Animals. Keeping, or permitting the keeping of any animal or fowl otherwise permitted to be kept which, by any sound, cry or behavior [frequently or for a long duration makes vocal or other sounds so as to create] causes [a noise disturbance.] vocal or other sounds on a sustained basis during a 15-minute period shall constitute a noise disturbance. [(j) Other. Any sound source exceeding the standards set out in section 9.2530(20) of this code and not otherwise exempt therefrom.] 4.084 Noise Disturbance – Exemptions[, Variances(1) ]. [ Exemptions.] The following sounds are exempted from the provisions of sections 4.080, 4.081 and 4.083 of this code: (a) [Sounds made by work necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from imminent exposure to danger. (b)] Sounds made by warning devices to protect persons or property from imminent exposure to danger, provided however that burglar or fire alarms shall not operate continuously for more than fifteen minutes. (cb) Sounds made by an emergency vehicle, as defined in ORS 801.260, when responding to or from an emergency or when in pursuit of an actual or suspected violator of the law. [(d) Sounds made by current employment of land and buildings for farm uses, i.e., for the purpose of obtaining a profit in money by raising, harvesting, and selling crops or by the feeding, breeding, management, and sale of livestock, poultry, fur-bearing animals or honeybees, or the produce thereof, or for dairying and the sale of dairy products or any other agricultural or horticultural operations or any combination thereof including the preparation and storage of the products raised for man's use and animal use and disposal by marketing or otherwise by a farmer on such farm. Ordinance - 2