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Ordinance No. 19274
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Ordinance No. 19274
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Last modified
6/10/2010 3:43:54 PM
Creation date
4/9/2009 2:37:18 PM
Metadata
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Council Ordinances
CMO_Document_Number
19274
Document_Title
An ordinance concerning noise disturbance; amending Sections 4.080, 4.083, 4.084 and 4.990 of the Eugene Code, 1971; and declaring an emergency.
Adopted_Date
8/13/1984
Approved Date
8/13/1984
CMO_Effective_Date
8/13/1984
Signer
Brian B. Obie
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~qz~y <br />ation and storage of the products raised for man's .use and animal <br />use and disposal by marketing ar otherwise by a farmer on such farm. <br />fie} Sounds made by activities by or at the request of the <br />city in maintenance, construction, or repair of public improvements <br />in public rights-of-way or easements, <br />~f} Sounds produced pursuant to a specific variance granted <br />by the Qregon Environmental Quality Commission, or by the building <br />affic~al or council under subsection ~2} of this section. <br />fig} Sounds caused by sources regulated as to sound production <br />by federal law or sounds caused by sources the regulation of which <br />is preempted by state law. <br />~h} Sounds not electronically amplified, created by athletic <br />and entertainment events other than motor vehicle racing events or <br />fireworks displays. <br />~i} Electronically amplified announcements at athletic <br />events other than motor vehicle racing events. <br />~J} The sounding of any horn or signaling device on an auto- <br />mobile, motorcycle, or~other vehicle reasonably required by the <br />exigencies of vehicular or pedestrian traffic. <br />~2} 1ariances. Any person who owns, controls, or operates any <br />sound source which does not comply with provisions or standards of section <br />4.080 or 4.083 of this code may apply to the building official fora variance <br />from such standards or provisions. <br />~a} Application. An application fora variance shall be in <br />writing and sha1~~W contain the fol l awi ng: <br />1. The reasons} why the variance is necessary; <br />2. The physical characteristics of the emitted sound; <br />3. The time and duration of the emitted sound <br />4. The geography, zone, and population density of the <br />affected area; <br />5. Whether the public health and safety is endangered; <br />~. Whether compliance with the standards from which the <br />variance is sought would produce hardship without equal or <br />greater benefit to the public; and <br />7. Any other supporting information which the building <br />official may reasonably require. <br />~ b} Ty~e,s of ,,.,,variances . <br />1, C~~l~~ass A variances may be granted by the building <br />official for an event ar activity which does not exceed 72 <br />hours. <br />2. Class B variances may be granted by .the building <br />official for an event or .activity or series of related acti <br />vities which are 72 hours or more in duration. <br />~c} decision. <br />1. The building official shall grant or deny a Class A <br />variance within three days of receipt of a complete variance <br />application, excluding Saturdays, Sundays, and holidays. <br />2. The building official shall grant or deny a Class B <br />variance within 30 days of receipt of the application or may <br />refer the application to the city manager for a decision, <br />which must also be made within 30 days of receipt of the <br />application. The city manager may, on his or her own motion, <br />hold a public hearing on the application before deciding to <br />ordinance - 3 <br />
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