This chapter shall apply to the control of all sound originating
within the limits of the City.
(Ord. 1528 § 1, 1982)
All terminology used in this chapter that is not defined in
this chapter shall be in accordance with the American National Standards
Institute (ANSI) Standard 1.41971.
(Ord. 1528 § 2(A), 1982)
As used in this chapter:
"City"
means the City of Milwaukie, Oregon, and the area within
the territorial City limits of the City of Milwaukie, Oregon.
"Construction"
means any and all activity necessary or incidental to the
erection, demolition, assembling, altering, installing, repair, or
equipping of buildings, roadways, and utilities. It shall include
land clearing, grading, excavating, and filling before, during, or
following such activity.
"Emergency work"
means work made necessary to restore property to a safe condition
following a calamity, work required to restore public utilities, or
work required to protect persons or property from imminent exposures
to danger.
"Noise-sensitive land use"
means and includes property on which residential housing,
apartment buildings, schools, churches, hospitals, nursing homes,
and other public buildings are located.
"Person"
means a person, persons, firm, association, copartnership,
joint venture, corporation, or any entity public or private in nature.
(Ord. 1528 § 2(C), 1982)
A. All
measurements shall be made with a sound level meter, in good operating
condition, meeting the requirements of a Type I or Type II meter,
as specified in ANSI Standard 1.41971. For purposes of this chapter,
a sound level meter shall contain at least an A-weighted scale and
both fast and slow meter response capability.
B. When
the location or distance prescribed in this chapter or measurement
of sound is impractical or would provide misleading or inaccurate
results, measurements may be taken at other locations or distances
using appropriate correction factors specified in this chapter or
in other regulations adopted pursuant to this chapter.
C. Procedures
and tests required by this chapter and not specified in this chapter
are on file with the City Recorder.
(Ord. 1528 § 2 (B), 1982)
No person shall make any noise or excessive or unnecessary sound
which disturbs, injures, or endangers the comfort, convenience, repose,
health, peace, safety, or welfare of any other person or persons or
of any residential neighborhood within the limits of the City.
(Ord. 1528 § 4(A), 1982)
The following acts are declared to be noises and unreasonable,
excessive, and unnecessary sounds in violation of this chapter:
A. Horns,
Signaling Devices, etc.
The sounding of any horn or signaling device on any automobile,
motorcycle, bus, or other motor vehicle, except as a necessary signal
required by the exigencies of regular or pedestrian traffic.
B. Radios,
Phonographs, etc.
The playing, using, or operation of any radio, musical instrument,
phonograph, television set, tape recorder, or other machine or device
for the producing or reproducing of sound in such a manner as to disturb
any other person.
C. Loudspeakers,
Amplifiers, etc.
The use or operation of any loudspeaker or sound amplifier,
either stationary or mobile, in such a manner as to project sound
upon private property owned by someone other than the owner or operator
of the loudspeaker or sound amplifier.
D. Animals
The maintenance of any animal which causes noise of such type,
volume, or duration as to disturb any person.
E. Steam
Whistles
The blowing of any steam whistle attached to any stationary
boiler except as a warning of fire or danger or upon the request of
proper City authorities.
F. Exhausts
The discharge into the open air of any exhaust of any steam
engine, stationary internal combustion engine, motorboat, automobile,
motorcycle, bus, or other motor vehicle except through a muffler or
other device which will effectively prevent loud or explosive noises
therefrom.
G. Defect
in Vehicle or Load
The use of any automobile, motorcycle, bus, or other motor vehicle
so out of repair, so loaded or in any otherwise unreasonable manner
so as to disturb any person.
H. Loading,
Unloading, Opening Boxes
The loading or unloading of any motor vehicle or the opening,
closing, or destruction of bales, boxes, crates, or containers, so
as to disturb any person.
I. Construction
or Repair of Buildings, Streets, etc.
The construction of any building, property, building site, street,
sidewalk, driveway, sewer, or utility line during the hours of 10:00
p.m. and 7:00 a.m. Monday through Friday and during the hours of 5:00
p.m. and 8:00 a.m. on weekends.
J. Schools,
Cemeteries, Churches, Hospitals
The creation of any noise on any street adjacent to any school,
institution of learning, church, cemetery, or funeral home, while
the same is in use, or adjacent to any hospital, nursing home, or
other institution for the care of the sick or infirm, which interferes
with the operation of the same or disturbs any person.
K. Compressors,
Hammers, Machinery, etc.
The operation during the hours of 7:00 p.m. and 7:00 a.m. Monday
through Friday and during the hours of 5:00 p.m. and 8:00 a.m. on
weekends of any air compressors, nail guns, hydraulic hammers, electric,
gas or diesel powered generators, or other construction equipment,
machinery, or tools.
L. Jake
Brakes
Operating any motor vehicle with a dynamic braking device engaged
except for the aversion of immediate danger.
M. Vehicle
Testing and Repair
Repairing, rebuilding, modifying, or testing any motor vehicle,
motorcycle, or motorboat so as to disturb any person.
N. Explosives,
Firearms, and Similar Devices
The use of any explosives, firearms, or similar devices.
O. Blowers
and Compressors
The operation of any blower, power fan, internal combustion
engine, electrical motor, or compressor, the operation of which disturbs
any person.
P. Tampering
Removing, impairing, or rendering inoperative by any person
other than for purposes of maintenance, repair, or replacement, of
any muffler or noise control device, or noise label of any product,
or use of a product which has a muffler, or noise control device,
or noise label removed or rendered inoperative, with knowledge that
such action has occurred.
Q. Domestic
Power Tools
Operating or permitting the operation of any mechanically powered
saw, drill, sander, grinder, lawn or garden tool, or similar device
used out of doors in residential areas during the nighttime period.
R. Vehicle
Noise
Racing the engine of any motor vehicle or suddenly stopping
or starting a vehicle unnecessarily.
(Ord. 1528 § 4(B), 1982; Ord. 1931 §§ 1, 2, 2004)
No person shall operate or cause to be operated any recreational
motorized vehicle off a public right-of-way in such a manner that
the sound level emitted therefrom exceeds the limits set forth in
Table 8.08.080 as measured at or within the property boundary of a
noise-sensitive land use. This section shall apply to all recreational
motorized vehicles, whether or not duly licensed and registered, including,
but not limited to, commercial or noncommercial racing vehicles, motorcycles,
go-carts, campers, and dune buggies, but not including motorboats.
Table 8.08.080
Maximum Sound Levels for Off-road Recreational Vehicles Operated
Near Noise-sensitive Property.
|
---|
Time
|
Sound Level Limit, in dBA
|
---|
Daytime period
|
60
|
Nighttime period
|
55
|
(Ord. 1528 § 5, 1982)
The following sounds are exempted from provisions of this chapter:
A. Sounds
caused by the performance of emergency work;
C. Sounds
caused by organized athletic or other group activities, when such
activities are conducted on property generally used for such purposes,
parks, schools, churches, athletic fields;
D. Sounds
made by warning devices operating continuously for three minutes or
less;
E. Construction
activities during the daytime period;
G. Sounds
generated by agricultural activities.
(Ord. 1528 § 7(A), 1982)
Any person may appeal a decision of the Police Department under
this section to the City Council.
(Ord. 1528 § 7(D), 1982)