Chapter 9.25 NOISE CODE

* Code reviser’s note: Ord. 447 adds these provisions as Chapter 9.20 CMC. The chapter has been editorially renumbered to avoid duplication of numbering.

Article I. General Provisions

9.25.010 Short title.

This chapter shall be known as the “noise code.” [Ord. 447 § I, 2007].

9.25.020 Purpose.

The city council has determined that excessive noise is a serious hazard to the public health, welfare and quality of life, and it shall be the policy of the city to prevent excessive sound which may jeopardize the health, welfare and safety of citizens or degrade the quality of life. [Ord. 447 § I, 2007].

9.25.030 Definitions.

For the purpose of this chapter the following words shall mean:

“Chainsaw” means a saw which utilizes a chain as a cutting device, whether powered by an internal combustion engine or electricity.

“Construction activity” means the construction, excavation, demolition, alteration, or repair of any building, street, sidewalk, driveway, alley, water, sewer, or utility line.

“Domestic power tools” means any mechanically powered saw, drill, sander, grinder, pneumatic tool, air compressor, or other similar power tool operated by compressed air, steam, gas, electricity or otherwise, but not including a chainsaw or power lawn tool.

“Emergency services vehicle” means any publicly owned vehicle used for police, firefighting, or ambulance services.

“Idling speed” means that speed at which an engine will run when no pressure is applied to the accelerator or accelerator linkage.

“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 sensitivity;

3. Endangers or injures personal or real property.

“Noise-sensitive unit” means any residence, apartment, condominium, multifamily dwelling, or vehicle, boat or other structure adapted or used for the overnight accommodation of persons, or any school, church, temple, synagogue, nursing home, rest home, retirement home, group care home, or daycare center.

“Off-road vehicle” means any self-propelled land vehicle designed or used for traversing over natural terrain, including, but not limited to, dune buggies, go-carts, motorcycles, mini-bikes, or other similar vehicles, but not including tractors or other motor vehicles when being used for commercial or agricultural purposes.

“Person” means a person, persons, firm, association, partnership, joint venture, corporation, or any entity, public or private in nature.

“Person in control of property” means any property owner, tenant, resident, occupant, or other person who has a current right to use property and a right to limit access to property by others.

“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, musical rhythms, spoken words, vocal sounds, and engine noises.

“Power lawn tool” means any mechanically powered lawn mower, edger, brush cutter, leaf blower, or other similar lawn or garden power tool, whether powered by gasoline, diesel, or electricity, compressed air, or pneumatic device.

“Sound reproduction device” means any radio, stereo, loudspeaker, amplifier, television, tape player or other similar machine or mechanical or electronic device or other device intended for the reproduction or amplification of sound. [Ord. 447 § I, 2007].

Article II. Prohibitions

9.25.100 Generally.

No person shall create or assist in creating or permit the continuance of excessive noise in the city of Creswell from the following sources, by the following acts, or in excess of the following limits. The following enumeration of violations of this section is illustrative of excessive noise, but not exclusive. [Ord. 447 § II, 2007].

9.25.110 Off-road vehicles, licensed and unlicensed.

A. Unlicensed Off-Road Vehicles. Operation of any unlicensed off-road vehicle on public or private property within the city limits, except between the hours of 7:00 a.m. and 7:00 p.m., upon property zoned low density residential of one acre or more in size with the express written permission of the property owner to operate the vehicle on said property. Such use is allowed only for a total of four hours per 24-hour period on any one parcel of property.

B. Licensed Off-Road Vehicles. Operation of any licensed off-road vehicle on public or private property within the city, except between the hours of 7:00 a.m. and 7:00 p.m., on public roads, parking lots open to the public, private roads, or other private property zoned low density residential which is more than one acre in size. The express written permission of the property owner is necessary for such use on private roads and property and is allowed only for a total of four hours per 24-hour period on any one parcel of property. [Ord. 447 § II, 2007].

9.25.120 Engine noise.

A. Revving Engines. Unnecessarily revving the engine of any internal combustion engine, whether or not in a motor vehicle, within 200 feet of any noise-sensitive unit, except as may be reasonably necessary to start, warm up, or mechanically repair such engine.

B. Idling Engines on Motor Vehicles. Running the engine on any motor vehicle at idling speed for more than 15 consecutive minutes between the hours of 9:00 p.m. and 7:00 a.m. [Ord. 447 § II, 2007].

9.25.130 Motor vehicle repair and testing.

A. Motor Vehicle Repair and Testing. Repairing or testing a motor vehicle between the hours of 9:00 p.m. and 7:00 a.m. in such a manner as to produce sound which creates a noise disturbance. [Ord. 447 § II, 2007].

9.25.140 Power lawn tools and domestic power tools.

A. Power Lawn Tools. Operation of any power lawn tool between the hours of 9:00 p.m. and 7:00 a.m.

B. Domestic Power Tools. Operation of any domestic power tool between the hours of 9:00 p.m. and 7:00 a.m.; provided, however, that domestic power tools may be operated between the hours of 9:00 p.m. and 10:00 p.m. if operated within a completely enclosed area; and provided further, that the noise produced by such tool does not create a noise disturbance. [Ord. 447 § II, 2007].

9.25.150 Chainsaws.

The operation of any chainsaw:

A. Between the hours of 9:00 p.m. and 7:00 a.m.;

B. For a total of more than four hours in any one day; or

C. For a total of more than 24 hours in any one month. [Ord. 447 § II, 2007].

9.25.160 Sound reproduction devices.

Operation of any sound reproduction device which creates sound which:

A. Between the hours of 7:00 a.m. and 10:00 p.m. creates a noise disturbance; or

B. Between the hours of 10:00 p.m. and 7:00 a.m. is plainly audible within any noise-sensitive unit which is not the source of the sound or 50 feet or more from the device. [Ord. 447 § II, 2007].

9.25.170 Construction activities.

A. Construction Activities. Engaging in construction activities between 7:00 p.m. and 7:00 a.m. if such activities produce sound which creates a noise disturbance. [Ord. 447 § II, 2007].

9.25.180 Other mechanical devices.

Producing sound by any means or through any activity other than those listed in this section or in CMC 9.25.300 through 9.25.330 which:

A. Between the hours of 7:00 a.m. and 9:00 p.m. creates a noise disturbance; or

B. Between the hours of 9:00 p.m. and 7:00 a.m. is plainly audible within any noise-sensitive unit which is not the source of the sound or 50 feet or more from such device. [Ord. 447 § II, 2007].

Article III. Liability

9.25.200 Liability of person in control of property.

A. A person in control of property is liable and subject to penalties to the same extent as a person who violates any of the provisions of this chapter if such person:

1. Has actual knowledge of the violation at the time it occurs;

2. Has the actual ability and legal right to prevent the violation of this chapter by ejecting a person creating the noise from the property, removing or causing the termination of the operation of the noise-producing device or activity, or otherwise preventing the violation; and

3. Fails, refuses, or neglects to prevent the violation.

B. Nothing in this section shall be construed to render any person in control of property liable for violations of this chapter by trespassers or other persons using the property without the implied or expressed consent of the person in control of property, nor shall anything in this chapter be construed to require a person in control of property to assume a substantial risk of physical injury to prevent a violation. [Ord. 447 § III, 2007].

Article IV. Exemptions

9.25.300 Applicability.

The provisions of this chapter shall not apply to the exemptions enumerated in CMC 9.25.310 through 9.25.400. [Ord. 447 § IV, 2007].

9.25.310 Emergency work.

Sounds caused by the performance of emergency work reasonably necessary to prevent injury to persons or property. [Ord. 447 § IV, 2007].

9.25.320 Aircraft.

Aircraft operations in compliance with applicable federal laws or regulations. [Ord. 447 § IV, 2007].

9.25.330 Railroads.

Railroad activities as defined in subpart (A), Part 201 of Title 40, CFR, of the Environmental Protection Agency’s Railroad Emission Standards, incorporated herein by reference. [Ord. 447 § IV, 2007].

9.25.340 Refuse pickup.

Sounds created by refuse pick-up operations, other than sounds caused by violations of CMC 9.25.140 and 9.25.150. [Ord. 447 § IV, 2007].

9.25.350 Emergency vehicles.

A. Sounds caused by publicly owned emergency vehicles, sirens, or warning devices.

B. Sounds caused by police or firefighting activities. [Ord. 447 § IV, 2007].

9.25.360 Construction.

Sounds caused by construction activities between the hours of 7:00 a.m. and 7:00 p.m. [Ord. 447 § IV, 2007].

9.25.370 Governmental operations.

A. Sounds caused by motor vehicles, equipment, or other property owned by the city of Creswell, Lane County, the state of Oregon, or any other governmental entity.

B. Sounds caused by employees of any such governmental entities in the course of such employee’s official duties, and sounds caused by any contractors, subcontractors, or employees of such persons or entities while engaged in performing a public contract or providing services to any governmental entity. [Ord. 447 § IV, 2007].

9.25.380 Alarms.

Sounds made by warning devices to protect persons or property from imminent exposure to danger; provided, however, that privately owned burglar or fire alarms shall not operate continuously for more than 15 minutes. [Ord. 447 § IV, 2007].

9.25.390 Athletic activities.

Sounds caused by organized athletic or other group activities not involving sound reproduction devices, when such activities are conducted on property generally used for such purposes. [Ord. 447 § IV, 2007].

9.25.400 Industrial or mill activities.

Sounds caused by lawful industrial or mill activities and uses to the extent that those activities and uses are compliant with any condition, permit, or land use outlined by the Creswell development code. [Ord. 447 § IV, 2007].

Article V. Penalty

9.25.500 Penalty.

A violation of any provision of this chapter is punishable by a fine not to exceed $3,000. [Ord. 447 § V, 2007].

9.25.510 Separate offenses.

Each day that a violation of this chapter continues shall be considered a separate violation. [Ord. 447 § V, 2007].

Article VI. Miscellaneous (Reserved)