Loading...
HomeMy WebLinkAboutItem 13 Amending SMC5.220 Noise AGENDA ITEM SUMMARY Meeting Date: 6/7/2021 Meeting Type: Regular Meeting Staff Contact/Dept.: Mary Bridget Smith/CAO Staff Phone No: 541-744-4061 Estimated Time: 10 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Mandate ITEM TITLE: AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTION 5.220, NOISE ACTION REQUESTED: Conduct a public hearing and first reading of the following ordinance: AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTION 5.220, NOISE ISSUE STATEMENT: This action amends the City’s noise ordinance to formally delegate the issuance of special noise permits to the City Manager or designee. ATTACHMENTS: Attachment 1: Proposed SMC changes with commentary Attachment 2: Draft Ordinance DISCUSSION/ FINANCIAL IMPACT: Like many other cities, the City of Springfield regulates the adverse impact of noise through its noise ordinance (SMC 5.220). There are some circumstances where noise is permissible and the City issues special noise permits. For example, Willamalane may ask applicants who rent their outdoor shelters to obtain a special noise permit from the City as part of their application process. Also and an individual or organization may ask to broadcast programs of music, speeches, or general entertainment. Currently, the police department processes the majority of the special noise permits which helps them more effectively respond to any potential complaints. On occasion, Development & Public Works will handle a special noise permit if a private contractor requests to perform construction outside of typical work hours. Special noise permits are not intended for private gatherings. This proposed change formally delegates to the City Manager or designee the ability to issue the special noise permit instead of an applicant appearing before the City Council. The process does allow for appeals to the City Council consistent with other administratively issued permits such as special events or parades. There is currently no fee for issuing a noise permit because it is often associated with another permit that has a fee. 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 muffled. (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: (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 150 feet or more from such device, except as specifically authorized in writing from the government that owns or controls such property. Attachment 1, Page 1 of 3 (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: [Commentary: This section describes situations where noise is permitted. The proposal is for the City Manager or designee to issue special noise permits similar to other areas of the code like special events and parades. The majority of special noise permits are for broadcasting music, speeches or general entertainment and are processed through the police department. On occasion, a private contractor will ask to work outside of permitted hours which can run through Development and Public Works as part of the development process. The language “city manager or designee” is typical and provides flexibility instead of designating to a specific position like chief of police or development services manager.] (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 City Manager or designee 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. Attachment 1, Page 2 of 3 (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. [Commentary: This section is similar to other permit sections in the code such as parades or special events. By law, an applicant must be able to appeal a permit denial or revocation.] (6) An application for a special noise permit (under section (4)(b) shall be submitted to the city manager or designee on a form supplied by the city. The application shall be submitted not less than 30 days prior to the proposed event. (7) The City Manager or designee may revoke a special noise permit at any time after it has been issued. (8) Applicants whose special noise permit application has been denied or revoked prior to the date of the event may appeal the decision to the City Council by filing a written notice of appeal. The City Council shall set a hearing date within 15 days of receiving the appeal request. At the hearing, applicants may be heard and present evidence on their behalf. The City Council shall determine whether the denial or revocation of the permit shall be upheld. Attachment 1, Page 3 of 3 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. ___________ (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, the City Council has an interest in regulating certain instances of sound amplification in a manner that will not unreasonably invade the privacy, peace, and freedom of inhabitants of and visitors to the City; and WHEREAS, this ordinance amends the City’s existing noise regulations in section 5.220 of the Springfield Municipal Code, to formally delegate the issuance of special noise permits to the City Manager or designee, 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 ___ day of _________, 2021, by a vote of _____ for and ____ against. APPROVED by the Mayor of the City of Springfield this ______ day of __________, 2021. _______________________ Mayor ATTEST: __________________________ City Recorder Attachment 2, Page 1 of 3 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 muffled. (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: (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 150 feet or more from such device, except as specifically authorized in writing from the government that owns or controls such property. Exhibit A, Page 1 of 2 Attachment 2, Page 2 of 3 (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 City Manager or designee. 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 (6) An application for a special noise permit (under section (4)(b) shall be submitted to the city manager or designee on a form supplied by the city. The application shall be submitted not less than 30 days prior to the proposed event. (7) The City Manager or designee may revoke a special noise permit at any time after it has been issued. (8) Applicants whose special noise permit application has been denied or revoked prior to the date of the event may appeal the decision to the City Council by filing a written notice of appeal. The City Council shall set a hearing date within 15 days of receiving the appeal request. At the hearing, applicants may be heard and present evidence on their behalf. The City Council shall determine whether the denial or revocation of the permit shall be upheld. Exhibit A, Page 2 of 2 Attachment 2, Page 3 of 3