Chapter 8.28
NOISE
Sections:
8.28.020 Unreasonable noise prohibited.
8.28.040 Unlawful noise levels.
8.28.010 Purpose and intent.
The purpose of this chapter is to regulate loud, unnecessary, unnatural, or unusual noises affecting public peace in order to promote a livable community and to protect the public health and welfare. [Ord. 522-2013 § 2 (Exh. A)].
8.28.020 Unreasonable noise prohibited.
A. No person shall make, continue, or cause to be made or continued:
1. Any unreasonably loud, raucous, disturbing, or injurious noise; or
2. Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the jurisdictional limits of the city; or
3. Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood from which said noises emanate, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.
B. Factors for determining whether a sound is unreasonably loud and raucous include, but are not limited to, the following:
1. The proximity of the sound to sleeping facilities, whether residential or commercial;
2. The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;
3. The time of day or night the sound occurs;
4. The duration of the sound; and
5. Whether the sound is recurrent, intermittent, or constant.
C. The following specific acts are declared to be unreasonable noise per se, and constitute violations:
1. Unreasonable Noises. The unreasonable making of, or knowingly and unreasonably permitting to be made, any unreasonably loud, boisterous or unusual noise, disturbance, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park, or other place or building. The ordinary and usual sounds, noises, commotion or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not unreasonably disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators of adjacent places of business are exempted from this provision.
2. Vehicle Horns, Signaling Devices, and Similar Devices. The sounding of any horn, signaling device, or other similar device, on any automobile, motorcycle, or other vehicle on any right-of-way or in any public space of the city, for more than 10 consecutive seconds without lawful communicative purpose. The sounding of any horn, signaling device, or other similar device as a danger warning is exempt from this prohibition.
3. Nonemergency Signaling Devices. Sounding or permitting sounding any amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for nonemergency purposes, from any place for more than 10 consecutive seconds in any hourly period.
4. Emergency Signaling Devices. The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle, or similar emergency signaling device, except in an emergency or except as provided below:
a. Testing of an emergency signaling device shall occur between 7:00 a.m. and 7:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall such test cycle time exceed two minutes. Testing of the emergency signaling system shall not occur more than once in each calendar month.
b. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm shall terminate within 15 minutes of activation unless an emergency exists. If a false or accidental activation of an alarm occurs more than twice in a calendar month, the owner or person responsible for the alarm shall be in violation of this section.
5. Radios, Televisions, Boomboxes, Phonographs, Stereos, Musical Instruments and Similar Devices. The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet, and comfort of neighbors and passersby, or is plainly audible at a distance of 50 feet from the source of the sound by any person in a commercial, industrial area, or public space. The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and unreasonably disturbs the peace, quiet, and comfort of neighbors in residential or noise-sensitive areas, including multifamily or single-family dwellings.
6. Loudspeakers, Amplifiers, Public Address Systems, and Similar Devices. The unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and 10:00 p.m. and 10:00 a.m. on weekends and holidays in the following areas:
a. Within or adjacent to residential or noise-sensitive areas;
b. Within public space if the sound is plainly audible across the real property line of the public space from which the sound emanates, and is unreasonably loud and raucous. This shall not apply to any public performance, gathering, or parade for which a permit has been obtained from the city.
7. Yelling, Shouting, and Similar Activities. Yelling, shouting, hooting, whistling, or singing in residential or noise-sensitive areas or in public places, between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to unreasonably disturb the quiet, comfort, or repose of reasonable persons of ordinary sensitivities. This subsection is to be applied only to those situations where the disturbance is not a result of the speaker’s communicative purpose, if one is present, but due to the volume, duration, location, timing or other effects of speech.
8. Animals and Birds. Unreasonably loud and raucous noise emitted by an animal or bird for which a person is responsible. A person is responsible for an animal if the person owns, controls or otherwise cares for the animal or bird.
9. Loading or Unloading Merchandise, Materials, and Equipment. The creation of unreasonably loud, raucous, and excessive noise in connection with the loading or unloading of any vehicle at a place of business or residence.
10. Noise-Sensitive Areas – Schools, Churches, Hospitals, and Similar Institutions. The creation of any unreasonably loud and raucous noise adjacent to any noise-sensitive area while it is in use, which unreasonably interferes with the workings of the institution or which disturbs the persons in these institutions; provided, that conspicuous signs delineating the boundaries of the noise-sensitive area are displayed in the streets surrounding the noise-sensitive area.
11. Commercial Establishments Adjacent to Residential Property. Unreasonably loud and raucous noise from the premises of any commercial establishment, including any outdoor area which is part of or under the control of the establishment, between the hours of 10:00 p.m. and 7:00 a.m. which is plainly audible at a distance of five feet from any residential property. [Ord. 522-2013 § 2 (Exh. A)].
8.28.030 Noise measurement.
For the purpose of determining and classifying any noise as declared to be unlawful and prohibited by this chapter, the following test measurements and requirements may be applied; provided, however, that a violation of this chapter may occur without the following measurements being made:
A. Noise occurring within the jurisdiction of the city shall be measured at least 25 feet from a noise source located within a public right-of-way, and if the noise source is located on private property or property other than a public right-of-way, at least 25 feet from the property line of the property on which the noise source is located. When the location or distance prescribed for the measurement of noise is impractical or would provide misleading or inaccurate results, measurements may be taken at other locations and distances using any appropriate correction factors.
B. Measurements shall be made with a calibrated sound level meter of standard design and quality that meets specifications established by the American National Standards Institute (ANSI).
C. In all sound measurements consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement. [Ord. 522-2013 § 2 (Exh. A)].
8.28.040 Unlawful noise levels.
A. A noise measured as provided above from any source, other than as provided in this chapter, which is equal to or in excess of the dBA established for the time period and zones listed below is declared to be unlawful:
|
Zone |
7:00 a.m. to 10:00 p.m. |
10:00 p.m. to 7:00 a.m. |
|---|---|---|
|
Residential |
60 dBA |
50 dBA |
|
Commercial |
60 dBA |
55 dBA |
|
Light industrial |
70 dBA |
65 dBA |
B. For the purposes of this section, “residential” means an area of single-family or multifamily dwellings where businesses may or may not be conducted in such dwellings and may include areas containing accommodations for transients such as motels, hotels and residential areas with limited office development. It may also include educational facilities, hospitals, nursing homes, churches and similar institutions.
C. When a noise source can be measured from more than one zone, the permissible sound level of the more restrictive zone shall govern in the more restrictive zone.
D. Periodic, impulsive or shrill noises are declared unlawful when such noises are at a sound level of five dBA less than those listed above. [Ord. 522-2013 § 2 (Exh. A)].
8.28.050 Exemptions.
The following sounds or noise-producing actions are deemed to be of such importance to the community as to be exempted from the provisions of this section within the limits established below:
A. Sounds produced at sporting events authorized by the Newberg School District or Chehalem Parks and Recreation District that are held within the boundaries of the city between the hours of 7:00 a.m. and 10:00 p.m.
B. The use of domestic power tools for lawn care, landscaping and leaf removal and/or collection, and gardening between the hours of 8:00 a.m. and 8:00 p.m. or sunset, whichever is later.
C. The use of power tools engaged in hobby craft and light household maintenance between the hours of 8:00 a.m. and 8:00 p.m. or sunset, whichever is later.
D. Sounds produced by the performance of emergency work, vehicles or equipment, including police, fire and ambulance.
E. Sounds made by warning devices operating continuously for three minutes or less.
F. Sounds caused by parades, fireworks displays and other special events for which a permit has been obtained from the city.
G. Sounds produced by the loading, unloading, opening or otherwise handling of garbage cans or containers by an authorized garbage collection and/or recycling operator.
H. Sounds produced by a public utility, its agents or contractors, in the act of construction, repair, or maintenance of a public improvement or utility.
I. Sounds originating from the construction, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, or between the hours of 9:00 a.m. and 6:00 p.m. on Saturdays.
J. Emergency repair equipment not operated on a regular or scheduled basis. [Ord. 522-2013 § 2 (Exh. A)].
8.28.060 Variance.
A. The city council may grant a variance of limited duration from the particular requirements of this chapter for a specific event or activity if the city council determines that not granting the variance would produce hardship without equal or greater benefit to the public.
B. Any person requesting a variance shall make the request in writing to the city administrator and state in a concise manner the facts to show why such variance should be granted. The city administrator will place the application on the city council’s agenda for the next regular meeting after the date the city administrator receives the application.
C. A variance granted may be revoked by the city administrator in the case of an emergency or safety hazard, or if the conditions of the variance granted are violated. The person whose variance is revoked may appeal the revocation to the city council.
D. Nothing in this chapter affects the city’s ability to protect the public against harmful effects of noise under remedies supplied in other sections of this code or other applicable provisions of law. [Ord. 522-2013 § 2 (Exh. A)].
8.28.070 Enforcement.
Enforcement of the provisions of this chapter shall be carried out by police officers who have received training in the techniques of sound measurement and the operating of sound-measuring instruments and are authorized by the city to issue citations for violations of this section. Notwithstanding this requirement, investigation and prosecution of noise violations do not require use of a sound measuring device. [Ord. 522-2013 § 2 (Exh. A)].
8.28.080 Penalty.
A violation of any provision of this chapter is punishable by a fine not to exceed $500.00. Each violation of this chapter constitutes a separate offense. The continuing violation doctrine embodied in DMC 9.04.040 also applies to this chapter. [Ord. 522-2013 § 2 (Exh. A)].