HomeMy WebLinkAboutOrdinance 6401 06/03/2019 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. )4O1 (GENERAL)
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTION 5.220 NOISE
WHEREAS, loud and raucous noise degrades the environment of the City to a degree that is harmful
to the health, welfare and safety of its inhabitants and visitors; interferes with the comfortable
enjoyment of life and property; interferes with the wellbeing, tranquility and privacy of the home; or
causes and aggravates health problems;
WHEREAS, the use of sound amplification equipment creates loud and raucous noise that may, in a
particular manner and at a particular time and place, substantially and unreasonably invade the
privacy, peace and freedom of inhabitants of, and visitors to, the City;
WHEREAS, certain short-term easing of noise reductions is essential to allow the construction and
maintenance of structures, infrastructure, and other elements necessary for the physical and
commercial vitality of the City; and
WHEREAS, this ordinance amends the City's existing noise regulations in section 5.220 of the
Springfield Municipal Code, to adopt narrowly drawn, content-neutral regulations that are to be
interpreted as such so as not to infringe upon constitutionally protected rights,
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. Section 5.220 of the Springfield Municipal Code is amended as provided in
Exhibit A.
Section 2. Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereof.
ADOPTED by the Common Council of the City of Springfield this 3rd day of June ,
2019, by a vote of h for and o against.
APPROVED by the Mayor of the City of Springfield this 3rd day of dune , 2019.
ILS. • taw.
Mayor
ATTEST:
•� , REVIEWED&APPROVED AS 00ORy
City Rco'-der DATE: 0120U
OFFICE OF CITY ATTO•NEY
PAGE 1 of 1
EXHIBIT A
5.220 Noise.
(1) Definitions.
Church. As defined in the Springfield Development Code.
Dwelling. As defined in the Springfield Development Code.
Emergency Vehicle. As defined in ORS 801.260.
Public Utility. As defined in SMC section 4.600.
Plainly audible. A sound that the listener can clearly hear with unaided hearing
faculties. Sounds which may be plainly audible include, but are not limited to,
musical rhythms, engine noises, spoken words or phrases even though not clearly
discernable, or other vocal sounds.
Repair garage. As defined in the Springfield Development Code.
(2) No person shall create, assist in creating, permit, continue or permit the continuance of
any noise that is unreasonable in its volume or duration.
(3) The following acts are declared to be per se violations of this section, but such
enumerations shall not be deemed to be exclusive:
(a) Keeping an animal that unreasonably causes a continuous annoyance,
alarm, or disturbance for more than 15 minutes at any time of day or night,
which can be heard beyond the border of the owner's property.
(b) Using any automobile, motorcycle, or other vehicle, any engine,
stationary or moving, instrument, device or thing so out of repair, so loaded, or
operated in such manner as to create loud or unnecessary grating, grinding,
rattling or other noises.
(c) Using, between 6:00 p.m. and 7:00 a.m., any mechanical device
operated by compressed air, steam, or otherwise, unless the noise created is
effectively muffed.
(d) Erecting, including excavating, demolishing, altering, or repairing, any
building between the hours of 6:00 p.m. and 7:00 a.m.
(e) Operating any gasoline engine without a muffler.
(f) Using or operating any automatic or electric piano, phonograph, radio,
loudspeaker, stereo or sound-amplifying device, in a manner that the sound
produced thereby is plainly audible:
ORDINANCE NO. 6401
(i) Within any dwelling, church, business, day care center or school,
other than the source of the sound; or
(ii) On public property or a public right-of-way 50 feet or more from such
device, except as specifically authorized in writing from the government
that owns or controls such property.
(g) Operating any repair garage within 100 feet of any dwelling or hotel, in
such a manner as to cause loud or offensive noises to be emitted between the
hours of 11:00 p.m. and 7:00 a.m.
(4) Notwithstanding subsections (2) and (3), the following sounds are permitted:
(a) Sounds made by any mechanical device operated by compressed air,
steam, or otherwise, in the industrial zones of the city.
(b) Sounds that are subject to a special noise permit granted by the council.
Special noise permits are not intended to be issued for private events.
(c) Sounds made by work necessary to restore property to a safe condition
following a natural or other disaster, or to protect persons or property from
exposure to imminent danger.
(d) Sounds made by burglar or fire alarms operating repetitively or
continuously for not more than 15 minutes.
(e) Sounds made by an emergency vehicle when responding to or from an
emergency or when pursuing an actual or suspected violator of the law.
(f) Sounds produced by the City or another unit of government or their
employees, agents, contractors or their subcontractors in the maintenance,
construction or repair of public improvements.
(g) Sounds produced by sound amplifying equipment at athletic events
sponsored by a school district, an educational institution registered with the
Oregon Department of Education, an educational institution accredited by an
accrediting agency recognized by the United States Secretary of Education, or
the City.
(h) Sounds produced by a municipal utility, public utility licensed under SMC
section 4.602, a current franchisee of the City, or their employees, contractors or
subcontractors in the construction, maintenance, or repair of their respective
facilities.
(5) The offenses specified in subsections (2) and (3) are punishable as a violation and may
include a fine not exceeding $720.00 pursuant to SMC section 1.205.
ORDINANCE NO. 6401