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:
means the City of Milwaukie, Oregon, and the area within the territorial City limits of the City of Milwaukie, Oregon.
means and includes land uses zoned C-N, C-L and C-G.
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.
means 7:00 a.m. until 10:00 p.m. of the same day.
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.
means and includes land use zoned M.
means 10:00 p.m. of one day until 7:00 a.m. of the following day.
means and includes property on which residential housing, apartment buildings, schools, churches, hospitals, nursing homes, and other public buildings are located.
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)
A.
Responsibility
The responsibility for enforcement of this chapter shall reside with the Police Chief or designee.
B.
Authority
In order to implement this chapter and for the general purpose of sound abatement and control, the Police Department shall have, in addition to any other authority vested in it, the powers defined as follows:
1.
Inspections
Upon presentation of proper credentials, enter and inspect any private property or place, and inspect any report or record at any reasonable time when granted permission by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this chapter may exist. Such inspection may include administration of any necessary tests.
2.
Issue Summons
Issue summons, notices of violation, or legal orders to any person in alleged violation of any provision of this chapter.
3.
Investigate Violations
In consonance with all other provisions of this chapter, investigate and document violations and take necessary actions preparatory to enforcement.
4.
Variances
Grant variances to the provisions of this chapter in accordance with procedures set forth in Section 8.08.110 of this chapter, and any other procedures as may be adopted.
5.
Amendments and Modifications
Develop and recommend amendments and modifications to this chapter so as to maintain or enhance the effectiveness of the noise control program.
6.
Education
Develop programs for public education regarding the requirements and remedies available through the noise control ordinance.
7.
Impoundment
Upon citation of a person for a violation of this chapter, the person issuing the citation may seize the sound-producing device which was the source of the sound as evidence. The sound-producing device, if seized, shall be impounded subject to disposition of the issued citation and determination by the court whether the sound-producing device shall be returned to the cited person or deemed contraband, subject to Section 8.08.110 of this chapter. It is the intent of this chapter to avoid such seizures except where the person being cited has received two previous citations within the previous six months for the use of the same or similar sound-producing device. The previous citations may, but need not, occur on the same date as the citation which prompts the seizure.
8.
Regulations
Adopt reasonable regulations to carry out the requirements of this chapter.
(Ord. 1528 § 3, 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)
A.
In addition to the prohibited sounds listed in Section 8.08.070, no person shall cause or permit noise or sound to intrude into the property of another person, which noise or sound exceeds the maximum permissible noise levels set forth in this section.
B.
The sound limitations established in this section shall be measured at or within the property boundary of the receiving land use.
C.
No sound shall exceed any of the limits established in Table 8.08.090 by 10 dBA at any point in time.
D.
The sound shall not exceed any of the limits established in Table 8.08.090 by five dBA for a cumulative total of greater than one minute, but less than five minutes in any 10-minute period.
E.
The sound shall not exceed any of the limits established in Table 8.08.090 for a cumulative total of five minutes or more in any 10-minute period.
Table 8.08.090 Sound Levels by Receiving Land Use | ||
|---|---|---|
Land Use Designation of the Property From Which the Source of the Sound Is Measured | Maximum Number of Decibels Permitted During the Daytime Period | Maximum Number of Decibels Permitted During the Nighttime Period |
Noise-sensitive | 55 | 50 |
Commercial | 65 | 60 |
Industrial | 80 | 75 |
(Ord. 1528 § 6, 1982)
The following sounds are exempted from provisions of this chapter:
A.
Sounds caused by the performance of emergency work;
B.
Aircraft sound;
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;
F.
Church bells;
G.
Sounds generated by agricultural activities.
(Ord. 1528 § 7(A), 1982)
A.
Upon application of any person who owns, controls, or operates any sound source which violates any of the provisions of this chapter, the Police Department may grant a variance from such provisions. The application shall state the provision from which a variance is being sought, the period of time the variance is to apply, the reason which the variance is sought, and any other supporting information which the Police Department may reasonably require.
B.
Review of Variance
Review of the application shall include consideration of at least the following conditions:
1.
The physical characteristics of the emitted sound;
2.
The time and duration of the emitted sound;
3.
The geography, zone, and population density of the affected area;
4.
Whether the public health and safety is endangered;
5.
Whether the sound source predates the receiver(s);
6.
Whether compliance with the standard(s) from which the variance is sought would produce hardship without equal or greater benefit or greater benefit to the public.
C.
Time Duration for Variance
A variance may be granted for a specific time interval only.
(Ord. 1528 § 7(B), 1982)
Any person may appeal a decision of the Police Department under this section to the City Council.
(Ord. 1528 § 7(D), 1982)
A.
Any person violating any provision of this chapter or failing to comply with any requirement of this chapter, unless provision is otherwise made in this chapter, shall upon conviction thereof be punished by a fine of not more than $500.
B.
In addition to the penalties prescribed in this section, the court may enjoin further operation of the noise producing equipment or order any sound-producing device found to have been used to violate this chapter seized, confiscated, and destroyed as contraband, or sold with the proceeds of sale to be deposited in the City general fund.
(Ord. 1528 § 8, 1982)