(A) Noise disturbance prohibited - generally. No person shall allow, cause to be made, make or assist another person in making a noise disturbance which disturbs, injures or endangers the health, safety or welfare of others.
(B) Electronically amplified noise disturbance. It shall be unlawful for any person responsible for a noise disturbance caused by electronically amplified sound or a gathering of five or more people to:
(1) Fail, within 30 minutes, to eliminate or cease such noise disturbance after receiving a citation or other notice of a violation of this section; or
(2) Intentionally or recklessly create the same or similar noise disturbance within six months of having received a citation or other notice of a violation of this section.
(C) Noise disturbance - specific prohibitions. Unless exempted by division (D) below, the following acts are declared to be noise disturbances. However, this enumeration shall be not be deemed an exclusive list of violations of this code, nor shall the recitation of specific prohibitions below be deemed the exclusive and entire listing of unlawful noise disturbances for each subcategory.
(1) Sound producing, amplifying or reproducing equipment. Operating or permitting the use or operation of any device designed for sound production, amplification or reproduction, including, but not limited to, a radio, drums and other musical instruments; phonograph; television set; tape recorder; loud speaker; or other similar device:
(a) Between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to be plainly audible within any dwelling unit or noise sensitive unit which is not the source of the sound; or
(b) On public property or on a public right-of-way so as to be plainly audible 50 feet or more from such device, except as specifically authorized in writing by the city through a right-of-way permit issued under § 130.21. The City Manager or Chief of Police shall approve a permit to use such a device on public property or on a public right-of-way if an applicant submits a right-of-way application that demonstrates compliance with the requirements listed in § 130.21.
(2) Keeping or permitting keeping of any animal of fowl otherwise permitted to be kept, which by any sound, cry or behavior causes vocal or other sounds on a sustained basis during a 15-minute period shall constitute a noise disturbance;
(3) Is capable of being heard at or beyond the boundary of property from which the noise originates and/or can be heard inside a noise sensitive unit;
(4) The use of an engine, thing or device which is so loaded, out of repair or operated in manner as to create a loud or unnecessary grating, grinding, rattling or other noise;
(5) The use of a mechanical device operated by compressed air, steam or otherwise, unless the noise created thereby is effectively muffled; and
(6) The construction, including excavation, demolition, alteration or repair of a building or other structure, or repair of a vehicle or other machinery other than between the hours of 7:00 a.m. and 6:00 p.m. except upon special permit granted by the city.
(D) Exemptions. The following sounds are exempted from the provisions of this section:
(1) Sounds made by warning devices to protect persons or property from imminent exposure to danger; provided, however, that burglar or fire alarms shall not operate continuously for more than 15 minutes;
(2) Sounds made by an emergency vehicle, as defined in O.R.S., when responding to or from an emergency or when in pursuit of an actual or suspected violator of the law;
(3) Sounds produced pursuant to a specific variance granted by the State Environmental Quality Commission or by the city;
(4) Sounds caused by sources regulated as to sound production by federal law or sounds caused by sources the regulation of which is preempted by state law;
(5) Sounds not electronically amplified, created by athletic and entertainment events other than motor vehicle racing events;
(6) The sounding of any horn or signaling device on an automobile, motorcycle or other vehicle reasonably required by the exigencies of vehicular or pedestrian traffic; and
(7) Sounds specifically authorized under a permit or license issued by the city.
(Prior Code, § 130.08) (Ord. 1253, passed 12-6-2010; Ord. 1341, passed 2-4-2019; Ord. 1347, passed 6-3-2019) Penalty, see § 130.99