34-4-Ordinance No. 203.11 Recorded 1/2/1980~y
VOL
IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of
an Ordinance for
the Control of Noise.
ORDINANCE
No. 203.11
34 FACE
The Board of County Commissioners of Deschutes County, a political sub-
division of the State of Oregon, ordains as follows:
SECTION 1. Authority. This Ordinance is adopted pursuant to the provisions of
ORS 467.100, ORS 203.035 and ORS 203.127.
SECTION 2. Title. This Ordinance shall be known as the Deschutes County Noise
Control Ordinance.
SECTION 3. Purpose. The purpose of this Ordinance is to promote the public peace,
health, safety and general welfare, which the Board finds to be adversely affected
by unreasonably loud or raucous noises.
SECTION 4. Definitions. As used in this Ordinance, the following words and
phrases shall mean:
4.010 Direct Transportation. Travel between different locations separated
by a distance not substantially different than the length of a trip with a
destination where the rider leave the vehicle before resuming travel. Direct
transportation includes parking places in streets and parking lots, but excludes
speed contests, motocross contests, rallies, and practice therefor, repair and
testing of motors, accelerating the motors of stopped motor vehicles, and vehi-
cular travel wherein the same vehicle may be heard for more than five (5) minutes
from the same location.
4.020 Off-road Motorcycle. Every motor vehicle having a seat or saddle
for the use of the rider and designed to travel on not more than three wheels
in contact with the ground, but excluding a trailer. This includes motorcycles
suitable for use off any road or on dirt trails, regardless of whether it may
also be used on public streets or highways under state law. It includes motor-
cycles sold or commonly described as dirt bikes, motocross bikes, trail bikes,
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enderro bikes, and trials bikes which in operation make crackling or explosive
noises that would disturb the sleep, comfort or repose of persons thirty (30)
or more feet away.
4.030 Motor Vehicle. Every self-propelled vehicle and vehicle designed
for self-propulsion, except road rollers, farm tractors, traction engines; pro-
vided however that police vehicles, ambulances, fire engines, and other emergency
vehicles responding to emergency calls are not subject to this ordinance.
4.040 Unreasonably Loud or Raucous Noise.
(1) Motor vehicle-noise which is louder or heard for a longer period than that produced by use in direct transportation by motor vehicles
with mufflers supplied by the manufacturer with the vehicle, which
disturbs, injures, or endangers the comfort, repose, health, peace or
safety of persons thirty or more feet away, if such noise is not emitted
in order to make the motor vehicle move up to the maximum speed limit on
public streets, roads, highways for the purpose of direct transportation, or
(2) Noise which violates the standards of the Environmental Quality
Commission adopted pursuant to ORS 467.030 which are not exempt under
ORS 467.035 or permitted by a variance issued under ORS 467.060.
(3) Horns, signaling devices, etc. The sounding of any horn or
signaling device on any automobile, motorcycle, bus, or other vehicle
except as a reasonably signal required by the exigencies of vehicular or
pedestrian traffic; the creation by means of any such signaling device of
any sound which disturbs the sleep, peace, quiet, comfort or repose of
other persons; the sounding of any such devise for an unncessary or un-
reasonable period of time.
(4) Radios, phonographs, etc. The playing, using, or operating of
any radio, musical instrument, phonograph, television set, tape recorder
or other machine or device for the producing or reproducing of sound in
such a manner as to disturb the sleep, peace, quiet, comfort, or repose of
other persons, or at any time with louder volume than is necessary for
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convenient hearing by the person or persons who are in the room, vehicle
or chamber in which the machine or device is operated and others who are volun-
tary listeners thereto. The operation of any such machine or device in
such a manner so as to be plainly audible to a peace officer at a distance
of 50 feet from the building, room, structure, or vehicle in which it is
located shall be prima facie proof of a violation of this section.
(5) Loud speakers, amplifier, etc. Using, operating, or permit-
ting to be used or operated any mechanical or electrical loud speaker
or sound amplifier, either stationary or mobile,for producing or repro-
ducing sound which is cast upon the public streets or other public property.
This section does not prohibit the reasonable use of mechanical loud
speakers or sound amplifiers in the course of noncommercial public addresses
or emergency announcements required by public safety; provided however,
that repetitive mechanically or electrically amplified political adver-
tising shall not be allowed in zoned residential neighborhoods between
10:00 PM and 7:00 AM if it disturbs the sleep, peace, quiet, comfort, or
repose of persons more than 30 feet away.
(6) Yelling, shouting, etc. Yelling, shouting, hooting, whistling,
or singing on the public streets, between the hours of 10:00 PM and 7 AM,
or at any time or place so as to disturb the sleep, peace, comfort or re-
pose of persons more than 30 feet away. This section shall not apply to
applause and cheering at public meetings, lectures, sports events and shows
held at schools, stadiums,auditoriums, churches, meeting halls, public
parks and public playgrounds.
(7) Animals. The keeping of any animal which by frequent or long
continued noise disturbs the sleep, peace, quiet, comfort, or repose of
persons more than 30 feet away.
(8) Steam whistles. The blowing of any steam whistle attached to
any stationary boiler, except to give notice of the time to begin or stop
work, as a warning of fire or danger or upon request of proper authorities.
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(9) Exhausts. The discharge into the open air of the exhaust of
any steam engine, stationary internal combustion engine, motor boat, or
motor vehicle except through a muffler or other device which will effec-
tively prevent loud or explosive noises therefrom.
(10) Defect in vehicle or load. The use of any automobile,
motorcycle or other vehicle so out of repair, so loaded, or in such a
manner as to disturb the sleep, peace, quiet, comfort or repose of persons
more than 30 feet away.
(11) Loading, unloading, opening boxes. The loading or unloading
of any vehicle or the opening, closing, or destruction of bales, boxes,
crates and containers, so as to disturb the sleep, peace, quiet, comfort
or repose of persons more than thirty (30) feet away.
(12) Construction or repair of buildings, streets, etc. The
construction (including excavation), demolition, alteration or repair
of any building, street, sidewalk, driveway, sewer or utility line
between the hours of 10:00 PM and 7:00 AM, except as provided in Section 11.
(13) Schools, courts, churches, hospitals. The creation of any
sound on any street adjacent to any school, institution of learning,
church or court, while the same is in use, or adjacent to any hospital,
nursing home or other institution for the care of the sick or infirm, which
would tend to unreasonably interfere with the operation of the same or
disturbs the sleep, peace, quiet, comfort or repose of persons more than
thirty (30) feet away. "Adjacent means within 500 ft. of any such
institutional building.
(14) Pile drivers, hammers, machinery, etc. The operation between
the hours of 10:00 PM and 7:00 AM of any pile driver, earthmoving
equipment, pneumatic hammer, derrick, steam or electric hoist, or other
appliance or machinery, the use of which creates a sound which disturbs
the sleep, peace, quiet, comfort or repose of persons more than thirty (30)
feet away.
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vot 34
(15) The use of any off-road motocycle or snowmobile where it
is heard by the occupant from the premises of an inhabited residence
not owned by the user. Provided that if the user has a permit issued under
Section 11.020 of this ordinance, such person may operate the motor-
cycle or snowmobile within the terms of the permit.
(16) Blowers and compressors. The operation of any blower, power
fan, internal combustion engine, electric motor or compressor, or
the compression of air, unless the sound from each machine is sufficiently
muffled so as not to disturb the sleep, peace, quiet, comfort, or repose
of persons more than thirty (30) feet away.
SECTION 5. Act Prohibited. Except as permitted herein, no person shall make
any unreasonably loud or raucous noise which disturbs, injures, or endangers the
comfort, repose, health, peace or safety of others within the legal boundaries
of Deschutes County.
SECTION 6. Penalties, Enforcement.
6.010 Violation of this Ordinance shall be a Class B misdemeanor except
as otherwise prohibited by state law. Each day of violation shall be considered
a separate offense.
6.020 It shall be the responsibility of the Deschutes County Sheriff
to enforce this Ordinance.
SECTION 7. Changes and Amendments. This Ordinance may be amended, supplemented
or changed by order of the Board of County Commissioners. A proposal for change
or amendment may be initiated by the District Attorney, County Counsel, Sheriff, or
by petition of 10 or more persons to said Board.
SECTION 8. Severability. It shall be considered the legislative intent of this
Ordinance that if any part of this Ordinance is held to be unconstitutional or
otherwise void, or is repealed or impliedly repealed by federal or state law, or
County Ordinance, each and every other provision hereof shall remain in force
except:
8.010 The remaining provisions which are so essentially and inseparably
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connected with and dependent upon the unconstitutional or otherwise void or re-
pealed part that it is apparent that such remaining provisions would not have been
enacted without the unconstitutional or otherwise void parts or repealed parts
and;
8.020 The remaining provisions which, standing alone, are incomplete
and incapable of being executed in accordance with the legislative intent expressed
by Section 3 hereof.
SECTION 9. Publication and Effect of Rules.
9.010 To the extent that these rules conflict with. rules of procedure
established by any earlier ordinance, these rules shall apply.
9.020 A copy of this ordinance shall be made available for the cost
of reproduction to any person requesting it.
9.030 This Ordinance supersedes any previous noise control Ordinance.
SECTION 10. Construction. For the purpose of this Ordinance, words used in the
present tense include the future, the singular includes the plural, the word
shall is mandatory and directory, and the term this Ordinance shall be deemed to
include all amendments hereafter made hereto.
SECTION 11. Permits.
11.010 In cases of emergency or other urgent public necessity the
Sheriff may issue a permit allowing activities described in section 4.040(12) to
take place at any hour. Emergency permits may not be issued for period exceeding
three days, but may be renewed for successive periodsnot exceeding three days
each for so long as the emergency continues.
11.020 After a public hearing held pursuant to County Procedural Ordinance
PL-9 at which.they consider the location of the building or other site, the
potential nature of the sound from the activity, the potential nature of the sound
from vehicular traffic to and from the site and the relative loss or inconvenience
that would result to the persons affected, the Board of County Commissioners, upon
finding peace, quiet, comfort or repose of other persons will not be disturbed, may
issue a permit allowing activities described in section 4.040(15) to take place
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between such hours and for such periods as he deems proper.
11.030 Permits may also include such restrictions or conditions that
are necessary to safeguard the public peace. Denial of permits by the Sheriff
may be appealed to the Board of County Commissioners within 15 days after denial.
The date of a denial shall be the date a permit is orally denied or the date
of making of a written denial, whichever is later. Granting of such permit
may be appealed at any time by any person who resides or works within hearing
of the noise generated as a result of the granting of the permit.
11.040 This section shall not apply to emergency work performed on
public improvements and public utilities. Such activities may be conducted
without restriction on the hours of operation.
SECTION 12. Variance. The Board of County Commissioners may grant personal,
non-assignable variances of expressly limited duration and covering a defined
geographical area from the operation of this Ordinance after public hearing
following the procedures of County Procedural Ordinance PL-9 and satisfy the
variance burden of proof under the current County Zoning Ordinance. In
addition to the standards provided therein, the Board of Commissioners shall
apply the relevant provisions of ORS 467.060.
SECTION 13. In addition to and not in substitution for any other remedies
provided by law for enforcement of this ordinance, the Board of County Commissioners
may institute proceedings under ORS 203.127, injunction, mandamus, abatement,
or other appropriate proceedings to prevent temporarily or permanently enjoin,
abate or remove any activity or use of real or personal property which it has
probable cause to believe does or will violate this Ordinance.
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SECTION 14. Emergency Clause.
This Ordinance is deemed to be immediately necessary for the protection of public
safety, health, space and general welfare, in that there are several noise nuisances
in the County which owners have failed and refused to correct. The absence of standards
has made these nuisances extremely difficult or impossible to abate. Accordingly,
an emergency is declared to exist, and this ordinance shall become effective upon
adoption.
ADOPTED this 2nd day of January, 1980.
BOARD OF COUNTY COMMISSIONERS
ALBERT A. YOUNG, irman
ii4(~- - CLAY C. ARD, Commi sioner
C ~"a ' -7
ROBERT C. PAULSON, JR., Commissioner
ATT ST:
i,
ROS MAR. PATTERSON'
County Clerk
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