HomeMy WebLinkAboutOrdinance No. 19902ORDINANCE N0. 19902
AN ORDINANCE CONCERNING NOISE DISTURBANCE; AMENDING
SECTIONS 4.080, 4.083, 4.084, AND 4.990 OF THE EUGENE
CODE, 1971; AND ADDING A NEW SECTION 4.081 TO THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 4.080 of the Eugene Code, 1911, is amended to provide:
4. aso Noise Disturbance -Prohibited.
~1} For purposes of this section, and sections 4,081, 4.083 and
4.084 of this code
~a} Noise disturbance means any sound which:
1. Injures or endangers the safety or health of a
human;
~. Annoys or di sturbs a reasonabl a person of normal
sensitivities; ar
3, Endangers or injures personal or real property.
fib} P1 ai my audible means where the 1 i stener c1 early can
hear the content of the sound produced by the noise source. Sounds
which may be clearly audi b1 a include, but are not limited to,
musical rhythms, spoken words, vocal sounds and engine noises.
~2} It shall be unlawful for any person tv intentionally or
recklessly create ar continue any noise disturbance.
Section 2 . Anew Section 4.081 i s added to the Eugene Cade, 1971, to
provide
4.081 Noise Disturbance - Re etition and Failure to Cease. It shall be
unlawful for any person responsible for a not se disturbance caused
by electronically amplified sound or a gathering of five or mare people to:
~ a} Fai 1 within 30 minutes to eliminate or cease such noise
disturbance after receiving a citation ar other notice of a
violation of this section or section 4.080 of this code, or
fib} Intentionally or recklessly create the same or a similar
noise disturbance within six months of having recei ved a ci tati on
or other notice of a violation of this section or section 4.080 of
this code.
Section 3. The first paragraph of Section 4.083 of the Eugene Code, 1911,
i s amended to provide
4.083 Noise Disturbance - 5 eci f i c Prohibitions. Unless exempted by
section 4.084 of this code, the fol l awi ng acts are declared to be
noise disturbances; however this enumeration shal 1 not be deemed an exclusive
list of the violations of section 4.080 ~ 2 } or section 4.081 of this code, nor
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shal 1 the recitation of specific prohibitions below be deemed the exclusive and
entire listing of unlawful noise disturbances for each subcategory:
Section 4 . The first paragraph of Subsection ~ 1 } , and the first paragraph
of Subsection ~ ~ } of Section 4.084 of the Eugene Code, 1911, are amended to
provide:
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:
~Z} Vari nces. Any person who owns, controls, or operates any
sound source which does not comply with section 4.080, 4.081, or 4.083 of th i s
code may apply to the city manager for a variance. As used herein, city
manager" includes a designee of the city manager.
Section 5. Subsection ~ 1 } of Section 4.990 of the Eugene Cade, 1971, i s
amended by adding the fol 1 owi ng i n numerical order therein:
4.990 Penal ti es - S eci f i c.
Section Penal t
4.080 ~ 500 fine or 30 days in jail, or both
4.081 1,500 fine or 90 days in jail, or both
Section fi. The City Recorder, at the request of, or with the concurrence
of the City Attorney, i s authorized to administratively correct any reference
errors contained herein ar i n other provisions of the Eugene Code, 1911, to the
provisions added, amended ar repealed herein.
Passed by the City Council thi s
17th day of February, 1993
t.._.
City Recorder
Approved by the Mayor this
11th day of February, 1993
~~~:~~ I
ayor
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