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HomeMy WebLinkAboutOrdinance No. 19274ORDINANCE N0. \qa~~ AN ORDINANCE CONCERNING NOISE DISTURBANCE; AMENDING SECTIONS 4.0$0, 4.083, 4.084, AND 4.990 OF THE EUGENE CODE, 19?1; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FOLLO~IS: Section 1. Sections 4.0$0, 4.0$3, and 4.0$4 of the Eugene Code, 1971 are hereby amended to read and provide: 4.0$0 Noise Disturbance - Prohibited. ~1} For purposes of this section, and sections 4.083 and 4.0$4 of this code; ~a} Noise disturbance means any sound which: ~~ 1. Injures or endangers the safety or health of a human; 2. Annoys or disturbs a reasonable person of normal sensitivities; or 3. Endangers or injures personal or real property. fib} Plainly audible means where the listener clearly can hear the content of the sound produced by the noise source. Sounds which may be clearly audible include, but are not limited to, musi- cal rhythms, spoken words, vocal sounds, and engine noises. ~~} It shall be unlawful for any person to intentionally or reck- lessly create or continue any noise disturbance. 4.083 Noise Disturbance ~- S ecific Prohibitions. Unless exem ted b section 4.084 of this p y code, the fallowing acts are declared to be nose disturbances; however this enumeration shall not be deemed an exclusive list of the violations of section 4.0$0(2} of this code, nor shall the reci~ tat~on of specific prohibitions below be deemed the exclusive and entire listing of unlawful noise disturbances for each subcategory: ~a} Sound roducin , am lifyin or re roducin a ui ment. Operating or permitting the use or operation of any device designed for sound production, amplification, or reproduction, in- clud~ng but not limited to any radio, musical instrument, phono- graph, television set, tape recorder, loud speaker, or other similar device: 1. Between the hours of 10 p.m. and 7 a.m. the follaw- w ing day so as to be plainly audible within any dwelling unit which is not the source of the sound; ar 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 authorized by permit. fib} 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 authorised by Ordinance - 1 i~z ~ y 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 spec- tator sports activities between the hours of 7 a.m. and 10 p.m., and the activities are properly licensed by the city and consist- tent with its zoning ordinance. fie} Idlin en fines. 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} Loadin , unloadin o enin boxes. Loading or unloading any vehicle or opening, closing or destroying bales, boxes, crates and containers, between the hours of 10 p.m. and 1 a.m. the follow- ing day, so as to create a noise disturbance. fig} Construction or re air of buildin s, 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 l a.m. the following day . ~h} Pile drivers, hammers lawnmowers, etc. Operating any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or lawnmower between the hours of 10 p.m. and 7 a.m. the following day. , ~ i } animal s. Keeping any animal which frequently or for a long duration makes vocal or other sounds so as to create a noise disturbance. 4.OS4 Noise Disturbance - Exem tions, variances. ~1} Exemptions. The following sounds are exempted from the pro- vions of sections 4.08~~ 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 far more than fifteen minutes. ~c} Sounds made by an emergency vehicle, as defined in DRS 4S~'.005, 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 craps or by the feeding, breed- ing, 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 horticul- tural operations or any combination thereof including the prepara- Ordinance - 2 ~qz~y ation and storage of the products raised for man's .use and animal use and disposal by marketing ar otherwise by a farmer on such farm. fie} 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, ~f} Sounds produced pursuant to a specific variance granted by the Qregon Environmental Quality Commission, or by the building affic~al or council under subsection ~2} of this section. fig} 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 auto- mobile, motorcycle, or~other vehicle reasonably required by the exigencies of vehicular or pedestrian traffic. ~2} 1ariances. Any person who owns, controls, or operates any sound source which does not comply with provisions or standards of section 4.080 or 4.083 of this code may apply to the building official fora variance from such standards or provisions. ~a} Application. An application fora variance shall be in writing and sha1~~W contain the fol l awi ng: 1. The reasons} why the variance is necessary; 2. The physical characteristics of the emitted sound; 3. The time and duration of the emitted sound 4. The geography, zone, and population density of the affected area; 5. Whether the public health and safety is endangered; ~. Whether compliance with the standards from which the variance is sought would produce hardship without equal or greater benefit to the public; and 7. Any other supporting information which the building official may reasonably require. ~ b} Ty~e,s of ,,.,,variances . 1, C~~l~~ass A variances may be granted by the building official for an event ar activity which does not exceed 72 hours. 2. Class B variances may be granted by .the building official for an event or .activity or series of related acti vities which are 72 hours or more in duration. ~c} decision. 1. The building official shall grant or deny a Class A variance within three days of receipt of a complete variance application, excluding Saturdays, Sundays, and holidays. 2. The building official shall grant or deny a Class B variance within 30 days of receipt of the application or may refer the application to the city manager for a decision, which must also be made within 30 days of receipt of the application. The city manager may, on his or her own motion, hold a public hearing on the application before deciding to ordinance - 3 (9.Z~~/ grant or deny the variance. 3. The building official or city manager may impose limitations, conditions, and safeguards as deemed appropriate so that the spirit of this chapter wi l l be observed, and the public safety and welfare secured. A violation of any such condition or l imitation shall constitute a violation of thi s chapter. 4. A decision to grant or deny a variance shall be in writing and shall state the reasons for such decision. The city manager or .building official shall notify the applicant of the decision and shat 1 make i t avai 1 abl e to any person who has submitted written comments on the applicatian. ~d} Effective date. The decision of the cit mana er or y 9 building official to grant or deny a variance is final. The building of f i ci ai shal 1 f i 1 e his or her written decision with the city manager. The decision of the building official is final on the fifth day after filing unless the city manager on his or her own motion, decides to reverse or modify the decision of the build- afficial or to schedule a public hearing on the application. Zf a public hearing is held, the city manager shall grant ar deny the variance within 30 days after the hearing, and may impose condi- tions on the granting of the variance as set forth in subsection ~c~4 above. Section 2. Subsection ~3~ of Section 4.990 of the Eugene Code X971 is hereby amended to read and provide; 4.994 Penal ti es - S eci f i c. 3~ ~!~ of ate on of sections 4.045 to 4.0~-75 4.33Q, 4.425, 4.7~a 4.795 4.835 to 4.850, 4.860, 4,895, 4.925, 4.965 to 4.975, and 4.98 to 4.983 ~s punishable by fine not to exceed $500. Section 3. That the matters contained herein concern the ublic welfare p and safety and therefore, an emergency is hereby declared to exist and this ordinance shall became effective immediately upon its passage by the Cit Y Council and approval by the Mayor, Passed by the City Council this 13th day of August, X984 A-~# City Re order Approved by the Mayor this 13th day of August, 184 Mayor ordinance - 4