Chapter 9.25
NOISE
Sections:
9.25.080 Ordinance provisions nonexclusive.
9.25.090 Administration and enforcement.
9.25.010 Purpose.
It is the purpose of this chapter to protect the public health, welfare and safety of the citizens of Fairview by:
A. Establishing hours within which certain sound levels may occur.
B. Establishing noise levels which may not be exceeded during the above mentioned hours.
C. Establishing a continuum of sanctions as required to enforce the provisions herein. (Ord. 10-1997 § 2)
9.25.020 Definitions.
For the purpose of this chapter, the following terms shall have the following meaning:
A. “A-Scale” means the sound level in decibels measured using the A-weighted network as specified in American National Standard Specification for Sound Level Meters (ANSI S1.4-1971).
B. “City” means city of Fairview, Oregon.
C. “Decibel” means a unit of measuring the volume of a sound equal to 20 times the logarithm to the base of 10 of the ratio of the pressure of the sound measured to the reference pressure which is 20 micropascals which is 20 micronutons per square meter.
D. “Noise” means any loud, disturbing or unnecessary sound which is likely to either disturb, injure or endanger the repose, health, safety or welfare of others.
E. “Noise sensitive unit” means any building, structure or portion thereof, vehicle or boat or other used as a school, hospital, adult care facility, day care center, church or adapted or used for the overnight accommodation of persons, including but not limited to individual homes or residential units, hotels, motels, apartments, trailers and nursing homes.
F. “Person” includes individuals, corporations, companies, associations, joint stock companies, firms, partnerships and other entities authorized to do business in the state of Oregon.
G. “Sound producing device” includes without limitation: home or commercial sound, voice and musical instruments and systems of all types and description such as loud speakers, public address systems and home stereos; car stereos; tape recorders and players; compact disc players; television sets; musical instruments amplified or not; sirens, bells and whistles; vehicular sounds of all types and description such as tires, engines and exhausts; electrical and gas powered domestic tools of all types and description such as drills, chain saws, lawn mowers, saws, hammers and similar equipment; heat pumps, air conditioning units and refrigeration units including those mounted on vehicles; and construction equipment of all types and description such as earth moving equipment; concrete mixers and pumps, cranes, generators, compressors, pneumatic wrenches, jack hammers, rock drills, impact pile drivers, vibrators, saws and any other gas or electrically powered tool.
H. “Vehicle” includes, without limitation, automobiles, motorcycles, motorbikes, trucks, buses, earth moving equipment, snowmobiles and boats. (Ord. 10-1997 § 3)
9.25.030 Sound measurement.
A. Measurements shall be made with a calibrated sound level meter meeting the requirements of a Type I or Type II meter, as specified by the American National Standard Specifications for Sound Level Meters (ANSI Standards 1.4-1971). For the purpose of this chapter, a sound level meter shall contain at least an “A” weighing network, and both fast and slow meter response capability.
B. Persons conducting sound level measurements shall be trained in the techniques of sound measurement and the operation of sound measuring instruments.
C. Measurements shall be made at or within the boundary of a property of a noise sensitive unit which is not the source of the sound, or within a noise sensitive unit which is not the source of the sound.
D. All measurements made pursuant to this chapter shall comply with the provisions herein. (Ord. 10-1997 § 4)
9.25.040 Sound limitations.
A. No person shall operate, cause or allow on property located within the city any source of sound in a manner as to create a sound level which exceeds the limits set forth in this section when measured at or within the property boundaries of the receiving land use.
B. Sound levels shall be measured as stated below, expressed in decibels.
|
Zone of Source |
Zone of Receiver |
||
|---|---|---|---|
|
Residential |
Commercial |
Manufacturing |
|
|
Residential |
55 |
60 |
65 |
|
Commercial |
55 |
65 |
65 |
|
Manufacturing |
60 |
65 |
70 |
C. All numbers are the maximum permissible sound levels indicated by decibels. Any area of the city which is inconsistent with the designated land use zones will be treated as being within the most restrictive designated land use zone. (Ord. 10-1997 § 5)
9.25.050 Prohibitions.
A. Construction. Construction work involving excavation, erection, demolition, alteration or repair of any building or structure shall be lawfully permitted only between the following hours except as permitted by legal variance:
Monday through Friday: 7:00 a.m. to 9:00 p.m
Saturday: 8:00 a.m. to 6:00 p.m.
Sunday: 10:00 a.m. to 6:00 p.m.
Use or operation of domestic power tools such as mechanically powered saws, sanders, drills, grinders, mowers, air compressors, or other sound producing equipment or device which exceed the standards set forth in FMC 9.25.040(B) shall not be permitted outside these hours.
B. Amplified Sound. Use or operation of an electrically amplified: home stereo system; car stereo system; radio; public address system; television; loudspeaker; musical instrument; or any other instrument for sound producing or any sound amplifying device shall not be permitted to exceed the sound levels as established in FMC 9.25.040(B).
C. Motor Vehicles.
1. Use of a motor vehicle, motorcycle or motorized vehicle, whether or not designated for use on public roads at any time or under any condition of grade, load, acceleration, deceleration, at rest, whether or not in repair or operated in such a manner as to create loud or unnecessary grating, grinding, rattling, motor winding, squealing, screeching or other tire noise or any other unnecessary noise shall at times be subject to the provisions for maximum sound levels as established in FMC 9.25.040(B).
2. Sounding of any horn or signal device on any automobile, motorcycle or other vehicle on any street, except as necessary warning of danger to property or person or as permitted to be used by authorized emergency vehicles shall not be permitted. (Ord. 10-1997 § 6)
9.25.060 Exceptions.
Restrictions imposed by FMC 9.25.040 and 9.25.050 shall not apply to the following:
A. Sounds caused by organized athletic or other group activities, when such activities are conducted outdoors on property generally used for such purposes including parks, schools, athletic fields, race tracks, churches, waterways and airports. This exception shall not limit the city manager’s authority to declare such event or activity in violation of other laws, ordinances or regulations.
B. Sounds caused by emergency work, or by the ordinary and accepted use of emergency equipment, vehicles, and apparatus, regardless of whether such work is performed by a public or private agency, or upon public or private property.
C. Sounds caused by bona fide use of emergency warning devices and alarm systems.
D. Sounds regulated by federal law, including, but not limited to, sounds caused by railroad, aircraft or commercially licensed watercraft operations.
E. Sounds caused by blasting activities when performed under a permit issued by appropriate governmental authorities.
F. Sounds caused by regular vehicular traffic upon premises open to the public while operating in a manner complying with state motor vehicle noise regulations. (Ord. 8-2021 § 1; Ord. 10-1997 § 7)
9.25.070 Variances.
A. Permit Required.
1. The use of construction equipment, amplified voice and music sounds or creation of other sounds at levels which exceed those specified in FMC 9.25.040(B) and/or exceed the permissible time frame requirements specified in FMC 9.25.050(A) may be allowed only upon permit granted by the city manager’s office.
2. Application for an amplified sound permit shall be made to the city manager’s office on forms provided by the city.
3. Each applicant shall identify the location, date and time of the event for which the permit is sought and shall provide an estimate of the duration of the event.
4. In the case of a series of similar events to be conducted at the same location, the city manager shall have the discretion to issue a permit covering the entire series.
B. Determination by the City.
1. The city manager may grant a permit under this section if the event and its accompanying noise will not, in the city manager’s judgment, interfere unreasonably with the standards set forth herein including the effect upon those likely to be affected by the noise.
2. The nature of the surrounding properties and the benefit to the community shall be considered in relation to the event.
3. Whether the applicant’s previous record, if any, demonstrates compliance with the terms of the permit shall be grounds for consideration granting a permit.
C. Conditions of Permit.
1. The city manager may impose reasonable conditions on a permit in order to protect the interests of the community, including those likely to be affected by the noise.
2. Unless otherwise specified in a permit, maximum noise levels as specified in FMC 9.25.040(B) shall not be exceeded by more than 10 decibels.
3. Any permit is subject to termination by the city manager or designee should any conditions of the permit be violated or as required to protect the public interest.
4. The city manager may submit to the city council any question arising with respect to this section, and if any member of the city council requests its submission to the council, any such question shall be heard by the council. In either event, the decision of the city council shall be final. (Ord. 8-2021 § 1; Ord. 10-1997 § 8)
9.25.080 Ordinance provisions nonexclusive.
This chapter shall not affect the validity or enforceability of any other state law or county ordinance which is now or may in the future be in effect and which relates to the activities regulated by this chapter. (Ord. 10-1997 § 9)
9.25.090 Administration and enforcement.
It shall be the responsibility of the city manager or designee to enforce all provisions of this chapter.
A. Upon receipt of a noise complaint, the city shall determine whether a violation has occurred pursuant to the provisions of this chapter.
B. If it is determined that a violation has occurred, a written warning accompanied by a copy of this chapter shall be issued by the city to the person responsible for the violation.
C. If, following a written warning as specified by subsection B of this section, the same person is again found in violation of this chapter, the person responsible for the violation shall be issued a citation and penalties shall be assessed as provided in FMC 9.25.100.
D. 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 only if the violation is determined pursuant to the provisions of this chapter. (Ord. 8-2021 § 1; Ord. 10-1997 § 10)
9.25.100 Penalties.
A. A violation of this chapter shall result in a fine of not more than $500.00. Each and every day during which any provision of this chapter is violated shall constitute a separate offense.
B. In addition to the foregoing, the city may, with the approval of the city manager, maintain an action in a court of competent jurisdiction to compel compliance with or restrain the violation of the provisions of this chapter. In such an event, the city shall be entitled to the award of its reasonable attorney fees and any administrative costs associated with the enforcement of this chapter relative to the particular violation. (Ord. 8-2021 § 1; Ord. 10-1997 § 11)