HomeMy WebLinkAboutOrdinance 6425 06/28/2021 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6425 (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 28 day of June , 2021,
by a vote of 6 for and 0 against.
APPROVED by the Mayor of the City of Springfield this 28th day of June , 2021.
Mayor
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Exhibit A, Page 1 of 2
EXHIBIT A
5.220 Noise.
(1) Definitions.
ChurchAs defined in the Springfield Development Code.
Dwelling. As defined in the Springfield Development Code.
Emergency VehicleAs 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,
.
(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.
Ordinance No. 6425
Exhibit A, Page 2 of 2
(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.
Ordinance No. 6425