Chapter 8.12
NOISE CONTROL*
Sections:
8.12.005 Prohibition on excessive noises.
* Prior history:
Ch. 8.12 History: Ord. 1023 §2, 1983; Ord. 1139 §1, 1990; Ord. 1241 §1, 1997; Ord. 1330, 2002; Ord. 1335, 2002; Ord. 1344, 2004; Ord. 1400, 2008; Ord. 1423, 2009.
8.12.000 Noise regulations.
This chapter is adopted pursuant to provisions of ORS 467.100 and the City of Gladstone Charter.
Statutory Reference: ORS 467.100
History: Ord. 1513 §1 (Exh. A), 2021.
8.12.005 Prohibition on excessive noises.
No person shall make, assist in making, permit, continue, or permit the continuance of, any noise within the City of Gladstone in violation of this chapter. No person shall cause or permit any noise to emanate from property under that person’s control in violation of this section.
Statutory Reference: ORS 467.100
History: Ord. 1513 §1 (Exh. A), 2021.
8.12.010 Sound measurement.
While sound measurements are not required for the enforcement of this chapter, should measurements be made, they shall be made with a sound level meter using the A weighting network on a Type I or Type II meter.
Statutory Reference: ORS 467.100
History: Ord. 1513 §1 (Exh. A), 2021.
8.12.015 Definitions.
As used in this chapter:
“Daytime” is any time between the hours of 7:00 a.m. and 10:00 p.m.
“dBA” means the sound pressure level in decibels measured using the A weighting network on a sound level meter.
“Nighttime” is any time between the hours of 10:00 p.m. and 7:00 a.m. of the following day.
“Plainly audible” means any sound for which the information content of that sound is unambiguously communicated to the listener, such as, but not limited to, understandable spoken speech, comprehensible musical rhythms or vocal sounds.
“Property” means a lot, parcel or tract including all contiguous property under common ownership, except that each residential unit shall be considered a separate property. “Property” does not include public rights-of-way, private streets or parks.
“Residence or other noise-sensitive unit” includes any building or portion of a building containing a residence, place of overnight accommodation, place of worship, day care center, hospital, school, or nursing care facility.
“Unnecessarily loud” means any sound that interferes with normal spoken communication or that could reasonably disturb sleep.
Statutory Reference: ORS 467.100
History: Ord. 1513 §1 (Exh. A), 2021.
8.12.020 Noise limits.
It is a violation of this chapter to create noise in excess of the limits established in this section.
(1) No person may create noise on a property if that noise results in a noise level above the levels listed in this subsection when measured on a property other than the source of the sound and that contains a residence or other noise-sensitive unit.
|
Zone Location |
Daytime |
Nighttime |
|
Residential |
65 dBA |
60 dBA |
|
Commercial |
70 dBA |
65 dBA |
|
Industrial |
75 dBA |
70 dBA |
(2) No person may create noise on a property if that noise results in a noise level above 85 dBA daytime, 80 dBA nighttime when measured on a property other than the source of the sound that does not contain a residence or other noise-sensitive unit.
(3) No person may create noise in a park, street or other public place that is unnecessarily loud at a distance of 100 feet. The City Manager may designate areas of parks, streets or other public places as exempt from this restriction and may grant permits under GMC Section 8.12.035 to exceed this restriction.
Statutory Reference: ORS 467.100
History: Ord. 1513 §1 (Exh. A), 2021.
8.12.025 Prohibited noises.
(1) The use of exhaust brakes (Jake brakes), except in an emergency or except when used by a person operating an emergency services vehicle equipped with a muffled compression braking system, is prohibited at all times within the city, regardless of noise level.
(2) Except as provided in GMC Section 8.12.035, Permits, the following acts are violations of this chapter:
(a) The excessive sounding of any horn or signal device or any other device on any automobile, motorcycle, truck, bus or other vehicle while in motion, except as a danger signal.
(b) The operation of any gong or siren upon any vehicle, other than police, fire or other emergency vehicle, except during sanctioned parades.
(c) The use of any automobile, motorcycle or other vehicle so out of repair, without a legal exhaust system, or in such a manner as to create unnecessarily loud noise at a distance of 50 feet.
(d) The use of any automobile, motorcycle, all-terrain vehicle or other vehicle outside of public rights-of-way where the use is unnecessarily loud.
(e) The operation of air conditioning or heating units, heat pumps, refrigeration units (including those mounted on vehicles), swimming pool or hot tub pumps, blowers, power fans, internal combustion engines, electric motors, compressors or similar machinery that is not sufficiently muffled so as not to be unnecessarily loud to a person located on a property other than the source of the sound.
(f) Constructing (including excavating), demolishing, altering or repairing a building, street, sidewalk, driveway, sewer or utility line between the hours of 10:00 p.m. and 7:00 a.m., except as provided in GMC Section 8.12.030.
(g) Using, operating or permitting to be used or operated a mechanical or electrical speaker or amplifier, either stationary or mobile, that creates noise that is plainly audible at the property line of a property with a residence or noise-sensitive unit, other than the property where the noise is generated, between the hours of 10:00 p.m. and 7:00 a.m. This subsection applies to any noise generated by a speaker or amplifier, regardless of whether the sound is generated on private or public property. If the amplified noise originates from a commercial establishment, a noise meter reading shall be taken as additional evidence relating to the alleged violation.
(h) Any yelling, shouting, hooting, whistling, singing or other human-produced noise that is unnecessarily loud and occurs between the hours of 10:00 p.m. and 7:00 a.m.
(i) Operating and permitting the operation of powered model vehicles, except gliders, aircraft and ground vehicles propelled by electric motors, in an area not designated by the City Administrator or City Council for such use.
Statutory Reference: ORS 467.100
History: Ord. 1513 §1 (Exh. A), 2021; Ord. 1531 §1, 2024.
8.12.030 Exceptions.
The following shall not be considered violations of any provision of this chapter:
(1) Amplified or nonamplified sounds created by organized athletic or similar activities, when those activities are conducted on property generally used for that type of activity, such as stadiums, parks, schools, and athletic fields, between the hours of 7:00 a.m. and 10:00 p.m. If an event is scheduled so that it reasonably is expected to end by 10:00 p.m. but does not do so because of weather delay, overtime/extra innings or any other reason, the exception shall remain in effect through the end of the event.
(2) Sounds caused by emergency work or by the ordinary and accepted use of emergency equipment.
(3) Sounds caused by appropriate use of emergency warning devices and alarm systems for no more than 15 minutes or while the emergency remains in effect. All audible alarms shall automatically silence themselves after 15 minutes.
(4) Sounds regulated by federal law, including, but not limited to, sounds caused by railroads, interstate motor carriers or aircraft.
(5) Sounds caused by regular vehicular traffic upon premises open to the public in compliance with state law. Regular vehicle traffic does not include a single vehicle that creates noise in excess of the standard set forth in this chapter.
(6) Sounds caused by air, electrical, or gas driven domestic tools, including lawn and construction tools, between the hours of 7:00 a.m. and 10:00 p.m.
(7) Sounds created by community events, such as parades, public fireworks displays, street fairs, and festivals between the hours of 7:00 a.m. and 10:00 p.m., but not including amplified sound generated from a fixed location.
(8) Sounds made by legal fireworks on the Fourth of July holiday, between the hours of 7:00 a.m. and 11:00 p.m.
(9) Sounds made by City of Gladstone solid waste franchisees while engaged in pickup operations during the period of 4:00 a.m. to 10:00 p.m.
(10) Sounds made by the removal of snow or ice from public or private property.
(11) Sounds made by the cleaning of or routine maintenance of city streets by city employees or agents.
(12) Sounds made by the cleaning of commercial or industrial parking facilities or private roadways between the hours of 7:00 a.m. and 2:00 a.m. as long as the noise from the equipment does not exceed 65 dBA at 50 feet from the edge of the property being cleaned between 10:00 p.m. and 2:00 a.m.
(13) The cumulative volume of normal speech of a group of people.
(14) Noises made during activities approved by the City Administrator, which are undertaken for the purposes of addressing a public emergency or a matter of public health and safety.
Statutory Reference: ORS 467.100
History: Ord. 1513 §1 (Exh. A), 2021.
8.12.035 Permits.
(1) The City Administrator or designee may also issue a permit for a concert or similar event allowing noise otherwise prohibited by this chapter, provided the concert or event is permitted under the applicable provisions of this code. The permit may be for a single concert or event or for a series of concerts or events. Applications for a noise permit shall be submitted at least 45 days in advance of the date they will be needed. Within five days of submitting the application, the applicant shall provide notice in a form approved by the city to property owners and residents within 250 feet of the location where the sound will be generated. Notice may be provided by email, hand delivery, door-hangers, regular mail or other means calculated to provide individual notice. The city will post notice of the application on the city website. Any person may provide comments to the city regarding the noise permit application within 15 days of the permit application. The applicant shall provide a statement to the city at least 30 days before the scheduled event that notices have been provided as required by this section. The city will normally issue or deny the permit at least 20 days prior to the date of the event. The City Administrator or designee may, for good cause, waive any of the deadlines or timelines established by this section, and also may issue a permit notwithstanding the timelines based on the Administrator’s assessment of the factors outlined in this section. The City Administrator shall consider written comments in making the decision whether to issue the permit, except in the rare instance where waiving a timeline makes it difficult to do so.
(2) The City Administrator or designee shall consider the following factors when making a determination to issue or deny a permit:
(a) Distance/proximity to noise-sensitive residential neighborhoods or areas that are not sensitive to noise;
(b) Input from neighbors, the public, or organizations, if received;
(c) Substantiated complaints (i.e., previous citations issued) from prior concerts or events at the same location; in such circumstances, no permit will be issued for one year from the date of the citation;
(d) Law enforcement concerns from event sponsor or location of event;
(e) Number of increased decibels requested and time period requested (i.e., decibel increase before 10:00 p.m. is more favorable than an increase after 10:00 p.m.);
(f) Time of year (i.e., summer with longer daylight hours is more favorable);
(g) Receptiveness and sensitivity of requestor to concerns raised by neighbors, the public and organizations and willingness to make adjustments as needed; and
(h) Any public benefit provided by the granting or denial of the permit.
(3) The grant or denial of permits by the City Administrator or designee may be appealed to the
City Council within 15 days after denial or permit issuance. A permit when issued remains in effect until the Council decision on the appeal unless withdrawn by the City Administrator or designee.
(4) Permit applications must include contact information, including a telephone number for a responsible person who will be available at that number while the noise is being generated.
(5) Permit applications must include the payment of an application fee in an amount set by the Council.
(6) Permits may include such restrictions or conditions necessary to safeguard the public peace, including maximum noise levels and time of day restrictions. The City Administrator or designee may revoke a permit issued under this section if a restriction or condition imposed by the permit is violated. The revocation of a permit may be appealed to the City Council within five days after notice of revocation is received.
(7) Failing to obtain a permit when one is required or failing to comply with a permit is a violation.
Statutory Reference: ORS 467.100
History: Ord. 1513 §1 (Exh. A), 2021.
8.12.040 Violation.
(1) A violation of any provision of this chapter is a Class “A” infraction. If noise is part of the use of a property, the property owner may be cited, as well as others responsible for generating the noise. Each day on which a violation continues is a separate violation. The maximum penalty for the first violation within a one-year period is $720.00. The maximum penalty for a second violation within one year of the first violation is $1,500. The maximum penalty for a third violation within one year of the second violation, and for each subsequent violation within a year of the previous violation, is $5,000. If the Municipal Court determines that a violation has occurred, the amount of the penalty may not be reduced by more than 50 percent.
(2) A citation issued may specify the specific section violated without citing to either this section or to GMC Section 8.12.005.
(3) A property on which three or more citations have been issued in any 12-month period is declared to be a public nuisance. The city may abate any nuisance under this chapter either pursuant to GMC Chapter 8.04, or it may pursue any other available remedies including, but not limited to, an action seeking declaratory relief and/or injunctive relief.
Statutory Reference: ORS 467.100
History: Ord. 1513 §1 (Exh. A), 2021.