§ 91.033  PROHIBITED ACTS.
   (A)   A person shall not knowingly continue, cause, or permit to be made or continued any excessive or unnecessary sounds that are listed in this section or § 91.034.
   (B)   The following acts are declared to create excessive and unnecessary sounds in violation of this code without regard to the maximum sound levels of § 91.034. This enumeration does not constitute an exclusive list.
      (1)   Animals. Owning, possessing, or harboring any bird or other animal that barks, bays, cries, howls, or makes any long, unnecessary, and continuous noise, other than for reasons of being provoked by a person trespassing or threatening to trespass.
      (2)   Compressed air devices. The use of a mechanical device operated by compressed air, steam, or otherwise, unless the noise created is effectively muffled.
      (3)   Compression braking devices. Using compression brakes, commonly referred to as “jake brakes”, on any motor vehicle except to avoid imminent danger or persons or property, in compliance with O.R.S. 811.492, incorporated herein by reference.
      (4)   Exhausts. Discharging into the open air the exhaust of any steam engine, internal combustion engine, or any mechanical device operated by compressed air or steam without a muffler, or with a sound control device less effective than that provided on the original engine or mechanical device.
      (5)   Horns and alarms. Sounding a horn or signaling device on a vehicle on a street or public or private place, except as a necessary warning of danger.
      (6)   Sound-producing devices or instrument. Sound caused by playing, using, or operating any radio, television, boom box, stereo, or any sound-producing device or instrument, including, but not limited to, musical instruments/loudspeakers, stereos installed in or on a vehicle, in such a manner:
         (a)   That exceed(s) the maximum permissible sound levels set forth in § 91.034; or
         (b)   That is plainly audible from a distance of 100 feet from the source of the sound if within a park, street, or other public area.
      (7)   Tampering. The removal or rendering inoperative of any noise control device for purposes other than maintenance, repair, or replacement.
      (8)   Revving engines. Operating a motor vehicle engine above idling speed off the public right-of-way so as to create excessive or unnecessary sounds that exceed(s) the maximum permissible sound levels set forth in § 91.034.
(Prior Code, § 5.253)  (Ord. 2010-08, passed 2-28-2011)  Penalty, see § 91.999