2005-202-Ordinance No. 2005-004 Recorded 3/17/2005REVIEWED
LEGAL COUNSEL
REVIEWED
— &1,
CODE REVIEW COMMITTEE
DESCHUTES COUNTY OFFICIAL RECORDS CJ 2005N202
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 03/17/2005 11:30:44 AM
111111111111111111111111111111111111
2005-202
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 8.08 of the
Deschutes County Code relating to Noise ORDINANCE NO. 2005-004
Control.
WHEREAS, Deschutes County Code ("DCC") Chapter 8.08 regulates noise control within the
unincorporated areas of Deschutes County; and
WHEREAS, the need exists within the unincorporated County to provide for the timely approval of
night time road construction projects; and
WHEREAS, DCC Chapter 8.08 provides a comparatively lengthy process for approving exemptions
and variances from the Noise Control Ordinance; and
WHEREAS, the Board desires to amend DCC Chapter 8.08 to reflect a more timely exemption approval
process while maintaining adequate review control, now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 8.08.080 and 8.08.090 are amended to read as described in
Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfikethr-ough.
PAGE I OF 2 - ORDINANCE NO. 2005-004 (02/28/05)
Section 2. ADOPTION. DCC Chapter 8.08.080 and 8.08.090 are hereby adopted to read as described
in Exhibit "A," attached hereto and by this reference incorporated herein.
DATED this. / (0 day of. 2005.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNT , OREGON
�/ la -�,
Tom bEWOLf' 4Ch i
Date of ls'Reading: X*—dayof �&,)')Iua-`�k,2005.
Date of 2 d Reading:
A—��ay of M14 Ck—,2005.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tom DeWolf
Michael M. Daly
Dennis R. Luke
Effective date: day of 2005.
ATTEST:
'�' 6AJ�,�
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2005-004 (02/28/05)
PY14TRIT "A"
Chapter 8.08. NOISE CONTROL
8.08.010. Title.
8.08.020. Authority.
8.08.030. Purpose.
8.08.040. Definitions.
8.08.050. Exception for certain farming and
forestry practices.
8.08.060. Construction.
8.08.070. Acts prohibited.
8.08.080. Permits -Issuance.
8.08.090. Variances.
8.08.100. Amendments.
8.08.110. Publication and effect of rules.
8.08.120. Violation -Enforcement.
8.08.130. Abatement and removal.
8.08.010. Title.
DCC 8.08 shall be known as the County Noise
Control Ordinance.
(Ord. 203.11 § 2, 1980)
8.08.020. Authority.
DCC 8.08 is adopted pursuant to the provisions of
ORS 467.100, 203.035 and 203.127.
(Ord. 203.11 § 1, 1980)
8.08.030. Purpose.
The purpose of DCC 8.08 is to promote the
public peace, health, safety and general welfare,
which the bBoard finds to be adversely affected
by unreasonably loud or raucous noises.
(Ord. 203.11 § 3, 1980)
8.08.040. Definitions.
For the purposes of DCC 8.08, unless otherwise
apparent from the context, certain words and
phrases used in DCC 8.08 are defined as set forth
in DCC 8.08.040.
"Direct transportation" means travel between
different locations separated by a distance not
substantially different than the length of a trip
with a destination where the rider leaves the
vehicle before resuming travel. "Direct
transportation" includes parking places in streets
and parking lots, but excludes speed contests,
motocross contests, rallies and practice
4wfefeoftherefore, repair and testing of motors,
accelerating the motors of stopped motor
vehicles, and vehicular traffic wherein the same
vehicle may be heard for more than five minutes
from the same location.
"Motor vehicle" means every self-propelled
vehicle and vehicle designed for self -propulsion,
except road rollers, fann tractors, traction
engines; provided however, that police vehicles,
ambulances, fire engines and other emergency
vehicles responding to emergency calls are not
subject to DCC 8.08.
"Off-road motorcycle" means 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.
"Off-road motorcycle" includes motorcycles sold
or commonly described as dirt bikes, motocross
bikes, trail bikes, enduro bikes and trail bikes
which in operation make crackling or explosive
noises that would disturb the sleep, comfort or
repose of persons 30 or more feet away.
"Unreasonably loud or raucous noise... means:
A. 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 30 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, and/or
highways for the purpose of direct
transportation; or
B. Noise which violates the standards of the
Environmental Quality Commission adopted
pursuant to ORS 467.030 which are not
PAGE I of 5 — EXHIBIT "A" To ORDINANCE No. 2005-004 (02/28/05)
EXHIBIT "A"
exempt under ORS 467.035 or permitted by a sleep, peace, quiet, comfort or repose of
variance issued under ORS 467.060; persons more than 30 feet away;
C. The sounding of any horn or signaling device
on any automobile, motorcycle, bus or other
vehicle except as a reasonable 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
device for an unnecessary or unreasonable
period of time;
D. 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 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
voluntary 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 DCC 8.08.040;
E. Using, operating or permitting to be used or
operated any mechanical or electrical
loudspeaker or sound amplifier, either
stationary or mobile, for producing or
reproducing sound which is cast upon the
public streets or other public property. DCC
8.08.040 does not prohibit the reasonable use
of mechanical loudspeakers 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 advertising shall not be allowed in
zoned residential neighborhoods between
10:00 p.m. and 7:00 a.m. if it disturbs the
F. Yelling, shouting, hooting, whistling or
singing on the public streets, between the
hours of 10:00 p.m. and 7:00 a.m. or at any
time or place so as to disturb the sleep, peace,
comfort or repose of persons more than 30
feet away. DCC 8.08.040 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;
G. 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;
H. 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;
1. 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 effectively prevent loud or
explosive noises diefeffeffithere from;
J. 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;
K. 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 30 feet away;
L. The construction including excavation,
demolition, alteration or repair of any
building, street, sidewalk, driveway, sewer or
utility line between the hours of 10:00 p.m.
and 7:00 a.m., except as provided in DCC
8.08.080;
PAGE 2 of 5 — EXHIBIT "A" To ORDINANCE No. 2005-004 (02/28/05)
EXHIBIT "A"
M. 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 30 feet away.
"Adjacent" means within 500 feet of any of
such institutional building;
N. The operation between the hours of 10:00
p.m. and 7:00 a.m. 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 30 feet away;
0. The use of any off-road motorcycle or
snowmobile where it is heard by the occupant
from the premises of an inhabited residence
not owned by the user. If the user has a
permit issued under DCC 8.08.080(B), such
person may operate the motorcycle or
snowmobile within the terms of the permit;
P. 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
30 feet away.
(Ord. 95-032 § 1, 1995; Ord. 203.11 § 4, 1980)
8.08.050. Exception for certain farming and
forestry practices.
Generally accepted, reasonable and prudent
fanning and forest practices as described in ORS
30.930 to 30.937 and DCC 9.12 do not constitute
nuisances under DC 8.08.
(Ord. 95-024 § 12,1995)
8.08.060. Construction.
For the purpose of DCC 8.08, 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 chapter" shall be
deemed to include all amendments hereafter
made hereto.
(Ord. 95-032 § 1, 1995; Ord. 203.11 § 10, 1980)
8.08.070. Acts prohibited.
Except as permitted in DCC 8.08, no person shall
make any unreasonable loud or raucous noise
which disturbs, injures or endangers the comfort,
repose, health, peace or safety of others within the
legal boundaries of the County.
(Ord. 95-032 § 1, 1995; Ord. 203.11 § 5, 1980)
8.08.080. Permits -Issuance.
A. In cases of an emergency er- other- tifg
publie neeessity the shefiff may issue a
pefmit allewing aefivities deseribed in DC -C
8.08.040(L) te take plaee at an),
which creates an unsafe, danizerous o
hazardous condition, the Sheriff may give
pennission to allow activities in DCC
8.08.040(L) to take place at any hour.
Emergency permission from the Sheriff ma
not exceed three days, but may be renewed
for an additional three day sugeessive
is by aoolviae to the Gemfmm+it-Y
Develooment Depagment fef an emer-etnff
. t fer- as lent! as the emer-eeney
gqa4ftgMeriod. If the emergency extends
past six days, further permission must be
grantgd by *,eBeqMthe Board.Emefgene
pefmits may net be issued for- pe
exeeeding thfee days, but fflay be r-eftewed
for- sueeessive pefieds not exeeeding t
days eaeh fef so leng as the emer-gene)
eenknues.
B. Ageef At a public meeting-hea4ng noticed in
accordance with ORS 192.640- held per-stiapA
to Divisien 1 of Title an agenc
eentfaetfmcontracting for scheduled
construction or maintenance between the
hours of 10:00 p.m. and 7:00 a.m. shall
request a pen -nit from the Board. Utipon
finding that the peace, quiet, comfort or
repose of other persons will not be disturbed,
or can be mitiizated to an acceptable degree,
or upon finding a as r-equir-ed -�ublic
necessity exists, the Board may issue a pen -nit
PAGE 3 of 5 - EXHIBIT "A" To ORDINANCE No. 2005-004 (02/28/05)
EXHIBIT "A"
allowing activities in DCC 8.08.040(L) t D—GE. DCC 8.08.080 shall not apply to
take place between such hours and for such emergency work performed on public
periods as they deem proper. In granting such improvements and public utilities. Such
a pen -nit, at whieh tbey-Roard shall consider activities may be conducted without
the following: restriction on the hours of operation.
1. the location of the road repair, of (Ord. 95-032 § 1, 1995; Ord. 203.11 § 11, 1980)
construction, building or other site,
2. the potential nature of the sound from the
activity,
3. 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.-
,4he
board upen finding peaee, quiet, eefflfef4
Of fepese of eth . ill fiet b
disiur-bed, of -ffl4' ' j '
deefee.may issue a pefmit allowing
aetivities in PGG 8.08.040(L) to take
plaee between sueh hours and for- stieh
pefieds as they deefn pfopef-.:
M I W -MM"", MILOL-.3 U " M wrmmp� P" I M
=7-2
&T -T "M M r -
LM
C-D.Permits issued by either- the ghefiff--eT—the
ff*yBoard may also include such restrictions
or conditions that are necessary to safeguard
the public peace.
FD.—.—Granting of such permits issued by ei0w
the Sheriff er- the Begfd 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.
ef vefmits emnted by the Shefiff shall be
heard by the Bear-d—.A
Meals of pprmits
effinted by the bBeaM ef Shef:ff may result
in the temporary or permanent revocation of
the pen -nit, pending a review of the Weal at
the next reg_ularly scheduled public meetin
of the Board.
8.08.090. Variances.
The bBoard may grant personal nonassignable
variances of expressly limited duration and
covering a defined geographical area from the
operation of DCC 8.08 after public hearing
fellowin the pr-eeeduFes of Division 1 ef Title i 8
of this e and safi* satisfaction of the
variance burden of proof under the current
County zoning ordinance. In addition to the
standards provided therein, the Board shall apply
the relevant provisions of ORS 467.060. The
(Ord. 95-032 § 1, 1995; Ord. 203.11 § 12,1980)
8 08.100. Amendments.
DCC 8.08 may be amended, supplemented or
changed by order of the Board. 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 the Board.
(Ord. 95-032 § 1, 1995; Ord. 203.11 § 7,1980)
8.08.110. Publication and effect of rules.
A. To the extent that DCC 8.08 conflicts with
rules of procedure established by any earlier
ordinance, DCC 8.08 shall apply.
B. A copy of DCC 8.08 shall be made available
for the cost of reproduction to any person
requesting it.
C. DCC 8.08 supersedes any previous noise
control ordinance.
(Ord. 95-032 § 1, 1995; Ord. 203.11 § 9, 1980)
8.08.120. Violation -Enforcement.
A. Violation of any provision of DCC 8.08 is a
Class A violation.
PAGE 4 of 5 — EXHIBIT "A" To ORMNANCE No. 2005-004 (02/28/05)
EXHIBIT "A"
B. It shall be the responsibility of the Deschutes
County Sheriff to enforce DCC 8.08.
(Ord. 2003-021 §15, 2003; Ord. 95-032 § 1,
1995; Ord. 83-018 § 1, 1983; Ord. 203.11 § 6,
1980)
8.08.130. Abatement and removal.
In addition to and not in substitution for any other
remedies provided by law for enforcement of
DCC 8.08, the bBoard may institute proceedings
for 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 DCC 8.08.
(Ord. 95-032 § 1, 1995; Ord. 203.11 § 13, 1980)
PAGE 5 of 5 — EXHIBIT "A" To ORDINANCE No. 2005-004 (02/28/05)