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ORDINANCE N0. \qa~~ <br />AN ORDINANCE CONCERNING NOISE DISTURBANCE; AMENDING <br />SECTIONS 4.0$0, 4.083, 4.084, AND 4.990 OF THE EUGENE <br />CODE, 19?1; AND DECLARING AN EMERGENCY. <br />THE CITY OF EUGENE DOES ORDAIN AS FOLLO~IS: <br />Section 1. Sections 4.0$0, 4.0$3, and 4.0$4 of the Eugene Code, 1971 <br />are hereby amended to read and provide: <br />4.0$0 Noise Disturbance - Prohibited. <br />~1} For purposes of this section, and sections 4.083 and 4.0$4 of <br />this code; <br />~a} Noise disturbance means any sound which: <br />~~ 1. Injures or endangers the safety or health of a <br />human; <br />2. Annoys or disturbs a reasonable person of normal <br />sensitivities; or <br />3. Endangers or injures personal or real property. <br />fib} Plainly audible means where the listener clearly can hear <br />the content of the sound produced by the noise source. Sounds <br />which may be clearly audible include, but are not limited to, musi- <br />cal rhythms, spoken words, vocal sounds, and engine noises. <br />~~} It shall be unlawful for any person to intentionally or reck- <br />lessly create or continue any noise disturbance. <br />4.083 Noise Disturbance ~- S ecific Prohibitions. Unless exem ted b <br />section 4.084 of this p y <br />code, the fallowing acts are declared to be <br />nose disturbances; however this enumeration shall not be deemed an exclusive <br />list of the violations of section 4.0$0(2} of this code, nor shall the reci~ <br />tat~on of specific prohibitions below be deemed the exclusive and entire <br />listing of unlawful noise disturbances for each subcategory: <br />~a} Sound roducin , am lifyin or re roducin a ui ment. <br />Operating or permitting the use or operation of any device <br />designed for sound production, amplification, or reproduction, in- <br />clud~ng but not limited to any radio, musical instrument, phono- <br />graph, television set, tape recorder, loud speaker, or other <br />similar device: <br />1. Between the hours of 10 p.m. and 7 a.m. the follaw- <br />w ing day so as to be plainly audible within any dwelling unit <br />which is not the source of the sound; ar <br />2. On public property or on a public right-of-way so <br />as to be plainly audible fifty feet or more from such device, <br />except as authorized by permit. <br />fib} Steam whistles. Blowing any steam whistle attached to <br />any stationary boiler, except to give notice of the time to begin <br />or stop work, as a warning of fire or danger or as authorised by <br />Ordinance - 1 <br />