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Home My WebLink AboutOrdinance No. 196974 ORDINANCE NO, 19691 AN ORDINANCE CONCERNING NOISE DISTURBANCE; AMENDING SECTIONS 4.083 AND 4.084 OF THE EUGENE CODE, 1911; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 4.083 of the Eugene Code, 1971, is amended by addin g a new Subparagraph ~j} thereto, to provide: 4,083 Noise Disturbance - S ecific Prohibitions. Unless exam tad b P y section 4.084 of this code, the following acts are declared to be noise disturbances; however this enumeration sha11 not be deemed an exclusive list of the violations of section 4.0802} of this code, nor sha11 the reci- tation of specific prohibitions below be deemed the exclusive and entire listing of unlawful noise disturbances far each subcategory: . ~j} Other. Any sound source exceeding the standards set out ~n section 9.fi44 of this code and not otherwise exempt therefrom. Section 2. Section 4.084 of the Eugene Code, 1911, is amended to ro- p vide: 4.084 Noise Disturbance - Exem tions, variances. ~1} Exem flans, The fallowing sounds are exempted from the ro- visions of sections 4.080 n p a d 4.083 of this code: ~a} Sounds made by work necessary to restore property to a safe condition foi 1 owl ng a publ i c calamity, ar 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 a1 arms shall not operate continuously for more than fifteen minutes. ~c} Sounds made by an emergency vehicle, as defined i n ORS 801.2fi0, when responding to or from an emergency or when in pursuit of an actual ar suspected vi o1 atar of the 1 aw. ~d} Sounds made by current employment of 1 and and bui 1 di n s 9 for farm uses, i , e. , for the purpose of obtaining a prof i t i n mane Y by raising, harvesting, and sell i ng crops or by the feedi n , breed- g ing, management, and sale of livestock, poultry, fur-bearin animals or hone ~ ~ g .ybees, ar the produce thereof, or for da~ry~ng and the sale of dairy products or any other agricultural or horticul- tural operations or any combination thereof including the pre ara- atian and stara e ~ ~ P g of the products ray sad for mans use and an ~ ma1 use and disposal by marketing ar otherwise by a farmer vn such farm. Ordinance - 1 fie} Sounds made by activities by or at the request of the city in.maintenance, construction, or repair of public improvements ~n public r~ghts4of-way or easements. ~f} 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. fig} Sounds caused by sources regulated as to sound production by federal 1 aw or sounds caused by sources the regulation of which is preempted by state law. ~ h } Sounds not electronically amplified, created by athl et i c and entertainment events other than motor vehicle racing events or fireworks displays . ~ i } E1 ectron i cal 1 y amplified announcements at athl et i c events other than motor vehicle racing events. ~ j } The sounding of any horn or signaling device on an auto - mobi 1 e, motarcycl e, 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 4.080 or 4.483 of this code may apply to the city manager for a variance. As used herein, "city manager" includes a des i gnee of the city manager. ~a} Applica„tiOn. An application for a variance shall be in writing on a form provided by the city, contain the i nfarmat i on required by the city manager, and be accompanied by a fee i n an amount set under section 2.420 of this code. Na application shall be considered received until all required information and the fee have been submitted. fib} Public notification. The city shall give written notice of the application to any officially recognized neighborhood associ- ati on i n whose boundaries the sound source i s 1 acated. The city shall also post written notice at the sound source 1 ocati on . The notice sha11 state the date by which the application wi 11 be con- sidered, the nature of the variance to be considered, and where persons may f i 1 e written comments regarding the application . The applicant shall maintain the posted notice until the final decision on the application is made. ~c} T es of variances. I . Cl ass A vari antes may be granted by the city manager for an event ar activity which does not exceed 24 hours. 2. Cl ass B vari antes 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 compl ete variance application . The time for decision may be extended to 30 days if a public hearing On the application i s held . 2. The city manager may, on his or her own motion, h01 d a pub1 i c hearing an the application before deciding to grant or deny the variance. 3. The city manager may grant a variance after consider- Ordinance - 2 ing the written application for variance, any written comments, and the applicant's compliance with variance conditions pre- viously imposed. The variance may be granted by the city manager when i t 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 pro- visions can be served without a strict application thereof. 4. The city manager may impose limitations and condi- i n granting the variance i n order to protect affected persons from the noise disturbance. A vi al ati on of any such condi - tion or limitation shall constitute a violation of section 4.080~2~ of this code and grounds for revocation of the vari- ance. 5. A decision to grant ar deny a variance shall be in writing and shall state the reasons far 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. fi. The city manager may revoke a variance without a hear- ing upon finding that: a. The applicant has provided fa]se or misleading information, or omitted disclosure of a materi ai fact, on the application or related material; b. The applicant i s operating the sound source i n violation of this code or applicable 1 ocal , state or fed- eral law; c. The applicant has violated a condi ti on of vari - ance approval ; or, d. New information shows that the permitted activity or device would endanger property or the public health or safety. 1. The action of the city manager in denying a variance application or in revoking an issued variance may be appealed i n the manner provided by section 3.Ofi0 of this code . The decision of a heari ngs official on any such appeal i s 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 Cl ass A vari once are final . Section 3. The City Recorder, at the request of, or with the concur rence of the City Attorney, is authorized to administratively correct any reference errors contained herein or i n other provi si ans of the Eugene Code, 197, to the provisions added, amended or repealed herein. Section 4. That the matters contained herein concern the public wel - Ordinance - 3 fare and safety and therefore, an emergency i s hereby declared to exist, and this Ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Caunci l thi s 25th day of June, 1990 r City Recorder Approved by the Mayor this 25th day of June, 1990 ,~ r ,? ayor Ordinance - 4