(1) Definitions.
Church.
As defined in the Springfield Development Code.
Dwelling.
As defined in the Springfield Development Code.
Plainly Audible.
A sound that the listener can clearly hear with unaided hearing
faculties. Sounds which may be plainly audible include, but are not
limited to, musical rhythms, engine noises, spoken words or phrases
even though not clearly discernable, or other vocal sounds.
(2) No person
shall create, assist in creating, permit, continue, or permit the
continuance of any noise that is unreasonable in its volume or duration.
(3) The
following acts are declared to be per se violations of this section,
but such enumerations shall not be deemed to be exclusive:
(a) Keeping
an animal that unreasonably causes a continuous annoyance, alarm,
or disturbance for more than 15 minutes at any time of day or night,
which can be heard beyond the border of the owner’s property.
(b) Using
any automobile, motorcycle, or other vehicle; any engine, stationary
or moving; instrument, device or thing, so out of repair, so loaded,
or operated in such manner as to create loud or unnecessary grating,
grinding, rattling, or other noises.
(c) Using,
between 6:00 p.m. and 7:00 a.m., any mechanical device operated by
compressed air, steam, or otherwise, unless the noise created is effectively
muffled.
(d) Erecting,
including excavating, demolishing, altering, or repairing, any building
between the hours of 6:00 p.m. and 7:00 a.m.
(e) Operating
any gasoline engine without a muffler.
(f) Using
or operating any automatic or electric piano, phonograph, radio, loudspeaker,
stereo, or sound-amplifying device, in a manner that the sound produced
thereby is plainly audible:
(i) Within any dwelling, church, business, day care center or school,
other than the source of the sound; or
(ii) On public property or a public right-of-way 150 feet or more from
such device, except as specifically authorized in writing from the
government that owns or controls such property.
(g) Operating
any repair garage within 100 feet of any dwelling or hotel in such
a manner as to cause loud or offensive noises to be emitted between
the hours of 11:00 p.m. and 7:00 a.m.
(4) Notwithstanding subsections
(2) and
(3), the following sounds are permitted:
(a) Sounds
made by any mechanical device operated by compressed air, steam, or
otherwise in the industrial zones of the city.
(b) Sounds
that are subject to a special noise permit granted by the city manager
or designee. Special noise permits are not intended to be issued for
private events.
(c) Sounds
made by work necessary to restore property to a safe condition following
a natural or other disaster, or to protect persons or property from
exposure to imminent danger.
(d) Sounds
made by burglar or fire alarms operating repetitively or continuously
for not more than 15 minutes.
(e) Sounds
made by an emergency vehicle when responding to or from an emergency
or when pursuing an actual or suspected violator of the law.
(f) Sounds
produced by the city or another unit of government or their employees,
agents, contractors, or their subcontractors in the maintenance, construction,
or repair of public improvements.
(g) Sounds
produced by sound amplifying equipment at athletic events sponsored
by a school district, an educational institution registered with the
Oregon Department of Education, an educational institution accredited
by an accrediting agency recognized by the United States Secretary
of Education, or the city.
(h) Sounds produced by a municipal utility, public utility licensed under SMC section
4.602, a current franchisee of the City, or their employees, contractors, or subcontractors in the construction, maintenance, or repair of their respective facilities.
(5) The offenses specified in subsections
(2) and
(3) are punishable as a violation and may include a fine not exceeding $720.00 pursuant to SMC section
1.205.
(6) An application for a special noise permit (under subsection
(4)(b)) shall be submitted to the city manager or designee on a form supplied by the city. The application shall be submitted not less than 30 days prior to the proposed event.
(7) The
city manager or designee may revoke a special noise permit at any
time after it has been issued.
(8) Applicants
whose special noise permit application has been denied or revoked
prior to the date of the event may appeal the decision to the city
council by filing a written notice of appeal. The city council shall
set a hearing date within 15 days of receiving the appeal request.
At the hearing, applicants may be heard and present evidence on their
behalf. The city council shall determine whether the denial or revocation
of the permit shall be upheld.
[Section 5.220 amended by Ordinance No. 6169, enacted May 15, 2006; further
amended by Ordinance No. 6402, enacted June
3, 2019; further amended by Ordinance
No. 6425, enacted June 28, 2021]