For the purpose of this sub-chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Loudspeakers, public address systems;
(2) Radios, tape recorders and/or tape players, phonographs, television sets, stereo systems, including those installed in a vehicle;
(3) Musical instruments, amplified or unamplified;
(4) Sirens, bells;
(5) Vehicle engines or exhausts, when the vehicle is not in a public right-of-way, particularly when the engine is operated above idling speed;
(6) Vehicle tires, when caused to squeal by speed or acceleration;
(7) Domestic tools, including electric drills, chainsaws, lawn mowers, electric saws, hammers and similar tools, but only between the hours of 6:00 p.m. and 7:00 a.m. of the following day;
(8) Vehicles inclusive of automobiles, motorcycles, motorbikes, trucks, buses, snowmobiles, boats or any similar piece of equipment equipped with a propelling device;
(9) Persons or animals causing sound to emanate.
(Ord. 1709, passed 6-25-90)
(A) If measurements are made, they shall be made with a sound level meter. The sound level meter shall be an instrument meeting the requirements of Type 1 or Type 2 meter in accord with ANSI Standard 1.4-1971.
(B) Measurements may be made at or within the boundary of the property on which a noise sensitive location is located which is not the source of the sound or within a noise sensitive building or location which is not the source of the sound.
(Ord. 1709, passed 6-25-90)
It shall be unlawful for any person to produce or permit to be produced, with any sound producing device, sound which:
(A) When measured at or within the boundary of the property on which a noise sensitive unit is located which is not the source of the sound, or, within a noise sensitive unit which is not the source of the sound, exceeds:
(1) 50 dBA at any time between 6:00 p.m. and 7:00 a.m. of the following day;
(2) 60 dBA at any time between 7:00 a.m. and 6:00 p.m. of the same day.
(B) Any person knowingly creating, assisting in creating, continuing, or permitting the creation of any of the following noise disturbances shall be deemed in violation of this sub-chapter, regardless of the decibel level of disturbance:
(1) Use of dynamic braking devices on any motor vehicle, except to avoid imminent danger to persons or property. A dynamic braking device is one used primarily on trucks and buses to convert a motor from an internal combustion engine to an air compressor for the purpose of vehicle braking without the use of wheel brakes.
(2) Repair and testing of motor vehicle or other engine which is plainly audible within a noise sensitive unit between the hours of 11:00 p.m. and 7:00 a.m.
(3) Operation of a motor vehicle, air compressor or similar mechanical device without a muffler or with a muffling devices as defined in ORS 815.025.
(4) The sounding of any horn or signal device on any vehicle, except as a necessary warning of danger to property or person.
(5) The use of any gong, bell or siren upon any vehicle other than a police, fire or emergency vehicle.
(6) The operation of any vehicle in a manner to cause the tires to squeal or skid, except to avoid imminent danger to persons or property.
(7) The detonation of a blasting or explosive device, except as allowed when performed under a permit issued by appropriate governmental authorities.
(8) The playing, using or operation of any radio, musical instrument, phonograph, television set, tape recorder, loud speaker or sound amplifier, either stationary or mobile, or other machine or device for the producing or reproducing of sound in such a manner as to project sound upon public streets, or other public property, or upon private property owned by someone other than the owner or operator of the sound producing device in such a manner as to disturb any other person.
(Ord. 1709, passed 6-25-90; Am. Ord. 1745, passed 8-26-91) Penalty, see § 92.99
The following exceptions from this sub-chapter are permitted when the following conditions are met:
(A) Emergency equipment not operating on a regular or scheduled basis, whether or not the work is performed by a public or private agency.
(B) Sounds caused by sources regulated as to sound production by federal law, including sounds caused by railroad or aircraft operations.
(C) Sounds caused by the use of emergency warning devices and alarm systems.
(D) Sounds caused by organized athletic activities conducted out of doors on property designated areas used for such purposes, including stadiums, parks, schools, churches and athletic fields, provided, however, that the exception shall not impair the power of any duly authorized law enforcement officer or designated municipal employee to require the curtailment of any sound producing device at the location if complaints are received from surrounding properties.
(Ord. 1709, passed 6-25-90)
The use of amplified voice and music at levels which would otherwise exceed those permissible under this sub-chapter may be allowed upon application to the City Council of the city. The applicant shall identify the date, location and time of the event for which the permit is sought. The permit may be issued, denied or conditioned at the sole discretion of the Council.
(Ord. 1709, passed 6-25-90)
The provisions of this sub-chapter shall be cumulative and nonexclusive and shall not affect any other claim, cause of action or remedy; nor, except for Section 23 of Ordinance 1260 which is hereby repealed, amend or modify any law, ordinance or regulation relating to noise or sound, but shall be deemed additional to existing legislation and common law on the subject.
(Ord. 1709, passed 6-25-90)
The direction of the administration of this sub-chapter shall be by the City Manager, or by his order, specifically designated employees and peace officers. Enforcement of this sub-chapter may include:
(A) Upon citation of a person for a violation of this sub-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 by the use of a sound level meter. The sound producing device, if seized, will be impounded subject to disposition of the issued citation and the determination by the court whether the sound producing device shall be returned to the cited person or deemed contraband, subject to confiscation and disposition as provided in this sub-chapter. It is the intent of this sub-chapter to avoid the seizures except where the person being cited has received two previous citations within the previous six months for the use of the same or similar sound producing device. The previous citation may, but need not, occur on the same date as the citation which prompts the seizure.
(B) Standard city forms may be used to cite violations of this sub-chapter.
(Ord. 1709, passed 6-25-90)
(A) Anyone who violates any provision of §§92.01 through 92.10, §92.12, and §92.13 commits a Class A violation. The court may, in addition to the fine, order the convicted person to reimburse the city for the actual expenses incurred by the city in abating the nuisance and to order the person to abate the nuisance. Each day's violation of a provision of the sections constitutes a separate offense. (Ord. 1750, passed 10-28-91; Am. Ord. 1976, passed 10-26-98; Am. Ord. 1992, passed 6-14-99)
(B) Violation of any provision of §92.11 is a Class A violation. The court may order the convicted person to pay court costs, assessments, and restitution, when applicable. Any person who shall attempt to commit any of the offenses mentioned in §92.11, but who for any reason is prevented from consummating the act, shall be guilty of an offense of attempt to commit as to that offense. (Ord. 1976, passed 10-26-98)
(C) Violation of any provision of §§92.25 through 92.31 shall constitute a Class A violation, and the court may order any sound producing device found to have been used to violate these sections seized, confiscated and destroyed as contraband, or sold with the proceeds of sale to be deposited in the city general fund.
(Ord. 1709, passed 6-25-90; Am. Ord. 1976, passed 10-26-98)