HomeMy WebLinkAboutItem 5: Ordinance Concerning Noise Disturbances
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
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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
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commercial and industrial noise within residentially zoned properties. There has been some
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concern expressed that this could pose problems for businesses (e.g., nighttime parking lot
maintenance).
RELATED CITY POLICIES
Eugene City Code primarily addresses noise disturbances through standards in Chapter 4 (Offenses),
which largely is administered by the Eugene Police Department. Protecting residents from noise
disturbances also is considered by some as a component of promoting livability. The Growth
Management Policies include the following goal: Increase density of new housing development while
maintaining the character and livability of individual neighborhoods.
COUNCIL OPTIONS
The City Council may choose to:
1.Take no action at this time on the proposed ordinance.
2.Approve the ordinance as proposed.
3.Approve an amended ordinance reflecting public input and council deliberations.
4.Defer action to provide opportunity for additional research and discussion.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends adoption of the proposed ordinance.
SUGGESTED MOTION
Move to adopt 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.
ATTACHMENTS
A. Proposed Ordinance Concerning Noise Disturbances
FOR MORE INFORMATION
Staff Contact: Mike McKerrow, Land Use Management Supervisor
Telephone: 682-5251
Staff E-Mail: mike,j.mckerrow@ci.eugene.or.us
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ORDINANCE NO. ___________
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.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Sections 4.083, and 4.084 of the Eugene Code, 1971, are amended
to provide:
4.083 Noise Disturbance - Specific Prohibitions
. Unless exempted by section
4.084 of this code, the following acts are declared to be noise disturbances;
however this enumeration shall not be deemed an exclusive list of the
violations of section 4.080(2) or section 4.081 of this code, nor shall the
recitation of specific prohibitions below be deemed the exclusive and entire
listing of unlawful noise disturbances for each subcategory:
(a)
Sound producing, amplifying or reproducing equipment. Operating or
permitting the use or operation of any device designed for sound
production, amplification, or reproduction, including but not limited to
a[ny] radio, drums and other musical instruments, phonograph,
television set, tape recorder, loud speaker, or other similar device:
1. Between the hours of 10 p.m. and 7 a.m. the following day so as
to be plainly audible within any dwelling unit which is not the
source of the sound; or
2. On public property or on a public right-of-way so as to be plainly
audible fifty feet or more from such device, except as specifically
authorized in writing by the city, county, state or federal
government [permit].
[(b)
Steam whistles. Blowing any steam whistle attached to any stationary
boiler, except to give notice of the time to begin or stop work, as a
warning of fire or danger or as authorized by permit.]
[(c)
Sirens. Sounding a stationary siren.]
[(d)
Exhausts. Discharging into the open air the exhaust of any steam
engine, stationary internal combustion engine, motorboat, motor
vehicle, or any mechanical device operated by compressed air or steam
without a muffler or other device which will effectively prevent the
emission of loud or explosive noises except where such discharge is
from vehicles used for participation in vehicle spectator sports activities
between the hours of 7 a.m. and 10 p.m., and the activities are properly
licensed by the city and consistent with its zoning ordinance.
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(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.
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(e) Sounds made by activities by or at the request of the city in
maintenance, construction, or repair of public improvements in public
rights-of-way or easements.]
(fc) Sounds produced pursuant to a specific variance granted by the
Oregon Environmental Quality Commission, or by the city manager or
hearings official under subsection (2) of [this] section 6.755 of this
code.
(gd) Sounds caused by sources regulated as to sound production by federal
law or sounds caused by sources the regulation of which is preempted
by state law.
(he) Sounds not electronically amplified, created by athletic and
entertainment events other than motor vehicle racing events or
fireworks displays.
(if) Electronically amplified announcements at athletic events other than
motor vehicle racing events.
(jg) The sounding of any horn or signaling device on an automobile,
motorcycle, or other vehicle reasonably required by the exigencies of
vehicular or pedestrian traffic.
(kh) Sounds specifically authorized under a permit or license issued by the
city.
[(2)
Variances. Any person who owns, controls, or operates any sound
source which does not comply with section 4.080, 4.081, or 4.083 of
this code may apply to the city manager for a variance. As used herein,
"city manager" includes a designee of the city manager.
(a) Application. An application for a variance shall be in writing on a
form provided by the city, contain the information required by the
city manager, and be accompanied by a fee in an amount set
under section 2.020 of this code. No application shall be
considered received until all required information and the fee have
been submitted.
(b) Public notification. The city shall give written notice of the
application to any officially recognized neighborhood association
in whose boundaries the sound source is located. The city shall
also post written notice at the sound source location. The notice
shall state the date by which the application will be considered,
the nature of the variance to be considered, and where persons
may file written comments regarding the application. The
applicant shall maintain the posted notice until the final decision
on the application is made.
(c) Types of variances.
1. Class A variances may be granted by the city manager for
an event or activity which does not exceed 24 hours.
2. Class B variances may be granted by the city manager for
an event or activity or series of related activities which are 24
hours or more in duration.
(d) Decision.
1. The city manager shall grant or deny the variance within 14
days of receiving a complete variance application. The time
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for decision may be extended to 30 days if a public hearing
on the application is held.
2. The city manager may, on the city’s manager’s own motion,
hold a public hearing on the application before deciding to
grant or deny the variance.
3. The city manager may grant a variance after considering the
written application for variance, any written comments, and
the applicant's compliance with variance conditions
previously imposed. The variance may be granted by the
city manager when it appears that compliance with the
standards from which the variance is sought will produce
unnecessary hardship to the applicant without equal or
greater benefit to the public or that the purposes of the noise
disturbance provisions can be served without a strict
application thereof.
4. The city manager may impose limitations and conditions
granting the variance in order to protect affected persons
from the noise disturbance. A violation of any such condition
or limitation shall constitute a violation of section 4.080(2) of
this code and grounds for revocation of the variance.
5. A decision to grant or deny a variance shall be in writing and
shall state the reasons for such decision. The city manager
shall notify the applicant of the decision and shall make it
available to any person who has submitted written
comments on the application.
6. The city manager may revoke a variance without a hearing
upon finding that:
a. The applicant has provided false or misleading
information, or omitted disclosure of a material fact, on
the application or related material;
b. The applicant is operating the sound source in violation
of this code or applicable local, state or federal law;
c. The applicant has violated a condition of variance
approval; or,
d. New information shows that the permitted activity or
device would endanger property or the public health or
safety.
7. The action of the city manager in denying a variance
application or in revoking an issued variance may be
appealed in the manner provided by section 2.021 of this
code. The decision of a hearings official on any such appeal
is final. The action of the city manager in approving a Class
B variance may be appealed under the same procedures if
such appeal can be decided in a timely way. Decisions of
the city manager in approving a Class A variance are final.]
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Section 2.
A caption entitled “Environmental Noise Disturbance,” and
Sections 6.750 and 6.755 are added to the Eugene Code, 1971, to provide:
ENVIRONMENTAL NOISE DISTURBANCE
6.750 Environmental Noise Disturbance – Specific Prohibitions. Unless
exempted by section 6.755 of this code, the following acts are declared
to be noise disturbances, as that term is defined in section 4.080 of this
code; however this enumeration shall not be deemed an exclusive list of
the violations of this section, nor shall the recitation of specific
prohibitions below be deemed the exclusive and entire listing of
unlawful noise disturbances for each subcategory:
(a)Exhausts. Discharging into the open air the exhaust of any steam
engine, stationary internal combustion engine, motorboat, motor
vehicle, or any mechanical device operated by compressed air or
steam without a muffler or other device which will effectively
prevent the emission of loud or explosive noises except where
such discharge is from vehicles used for participation in vehicle
spectator sports activities between the hours of 7 a.m. and 10
p.m., and the activities are properly licensed by the city and
consistent with its zoning ordinance.
(b) 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.
(c) 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.
(d) 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.
(e) Pile drivers, hammers, leaf blowers lawnmowers, etc. Operating
any pile driver, steam shovel, pneumatic hammer, derrick, steam
or electric hoist, leaf blower, or lawnmower between the hours of 9
p.m. and 7 a.m. the following day. No single powered leaf blower
shall produce a noise level exceeding 70dBA measured at a
distance of 50 feet. No powered leaf blower shall be operated
within a 100-foot radius of another powered leaf blower
simultaneously. On a single-family residential property, the 70
dBA at 50 feet restriction shall not apply if operated for fewer than
10 minutes during any consecutive sixty minute period.
(f) Residential pumps, fans and air conditioners. Operating any heat
pumps, residential fans, air conditioners, stationary pumps,
stationary cooling towers, stationary compressors, or similar
mechanical device or any combination thereof installed after [the
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effective date of this ordinance] so as to create any noise which
would cause the maximum noise level to exceed 60 dBA at any
point on the property line of the affected residential property.
(g) Commercial and industrial noise. Operating any equipment and
conducting activities so as to create any noise which would cause
the maximum noise level to exceed a one-hour equivalent sound
pressure level of 60 dBA at any point on the property line of an
affected residential property zoned R-1, R-2, R-3 or R-4.
(h) Steam whistles, sirens, and other aural warning devices.
Operating or permitting the operation of a steam whistle, siren, or
other aural warning device except where necessary to provide a
warning of fire or danger.
(i)
Other. Any sound source exceeding the standards set out in
section 9.2530(20) of this code and not otherwise exempt
therefrom.
6.755 Environmental Noise Disturbance – Exemptions, Variances.
(1)
Exemptions. The following sounds are exempted from the
provisions of section 6.075 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.
(c) 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.
(e) Sounds produced by work performed by the city, county or
state, and persons under contract with them for repairs or
maintenance of roads, water wells, water service lines, trees
and landscape, as well as street sweeping, garbage removal,
and similar activities.
(f) Sounds produced pursuant to a specific variance granted by
the Oregon Environmental Quality Commission, or by the city
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manager or hearings official under subsection (2) of this
section.
(g) Sounds caused by sources regulated as to sound production
by federal law or sounds caused by sources the regulation of
which is preempted by state law.
(h) Sounds not electronically amplified, created by athletic and
entertainment events other than motor vehicle racing events
or fireworks displays.
(i) Electronically amplified announcements at athletic events
other than motor vehicle racing events.
(j) The sounding of any horn or signaling device on an
automobile, motorcycle, or other vehicle reasonably required
by the exigencies of vehicular or pedestrian traffic.
(k) Sounds specifically authorized under a permit or license
issued by the city.
(2)
Variances. Any person who owns, controls, or operates any
sound source which does not comply with section 6.075 of this
code may apply to the city manager for a variance. As used
herein, "city manager" includes a designee of the city manager.
(a) Application. An application for a variance shall be in writing
on a form provided by the city, contain the information
required by the city manager, and be accompanied by a fee in
an amount set under section 2.020 of this code. No
application shall be considered received until all required
information and the fee have been submitted.
(b) Public notification. The city shall give written notice of the
application to any officially recognized neighborhood
association in whose boundaries the sound source is
located. The city shall also post written notice at the sound
source location and provide copies of the notice to owners
and occupants of properties located within 300 feet of the
sound source location. The notice shall state the date by
which the application will be considered, the nature of the
variance to be considered, and where persons may file
written comments regarding the application.
(c) Decision.
1. The city manager shall grant or deny the variance within
14 days of receiving a complete variance application.
The time for decision may be extended to 30 days if a
public hearing on the application is held.
2. The city manager may, on the city’s manager’s own
motion, hold a public hearing on the application before
deciding to grant or deny the variance.
3. The city manager may grant a variance after considering
the written application for variance, any written
comments, and the applicant's compliance with variance
conditions previously imposed. The variance may be
granted by the city manager when it appears that
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compliance with the standards from which the variance
is sought will produce unnecessary hardship to the
applicant without equal or greater benefit to the public
or that the purposes of the noise disturbance provisions
can be served without a strict application thereof.
4. The city manager may impose limitations and conditions
granting the variance in order to protect affected
persons from the noise disturbance. A violation of any
such condition or limitation shall constitute a violation
of section 6.075 of this code and grounds for revocation
of the variance.
5. A decision to grant or deny a variance shall be in writing
and shall state the reasons for such decision. The city
manager shall notify the applicant of the decision and
shall make it available to any person who has submitted
written comments on the application.
6. The city manager may revoke a variance without a
hearing upon finding that:
a. The applicant has provided false or misleading
information, or omitted disclosure of a material
fact, on the application or related material;
b. The applicant is operating the sound source in
violation of this code or applicable local, state or
federal law;
c. The applicant has violated a condition of variance
approval; or,
d. New information shows that the permitted activity
or device would endanger property or the public
health or safety.
7. The action of the city manager in denying a variance
application or in revoking an issued variance may be
appealed in the manner provided by section 2.021 of this
code. The decision of a hearings official on any such
appeal is final. The action of the city manager in
approving a variance may be appealed under the same
procedures if such appeal can be decided in a timely
way.
Section 3.
The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to correct any reference errors contained herein, or in other
provisions of the Eugene Code, 1971, to the provisions added, amended or repealed
herein.
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Passed by the City Council this Approved by the Mayor this
____ day of ____________, 2007 ____ day of _____________, 2007
___________________________ ____________________________
City Recorder Mayor
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