2015-484-Ordinance No. 2015-012 Recorded 11/18/2015 f
REVIEW D DESCHUTES CLERK
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LEGAL COUNSEL COMMISSIONERS' JOURNAL 11/18/2015 09:29:22 AM
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON
An Ordinance Amending Deschutes County Code
Sections 6.08.050 and 8.08.040 relating to * ORDINANCE NO.
S 0
nuisances caused by animal noises.
WHEREAS, Deschutes County Code sections 6.08.050 and 8.08.040 both address nuisances caused by
animals;and
WHEREAS, Deschutes County Code sections 6.08.050 and 8.08.040 are confusing, and arguably
inconsistent with each other, regarding (a) what constitutes a nuisance caused by an animal, and (b) whether
such a nuisance is a Class A or Class B violation; and
WHEREAS, amendment of Deschutes County Code sections 6.08.050 and 8.08.040 is appropriate to
cure these inconsistencies;now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,ORDAINS
as follows:
Section 1: DCC section 6.08.050 is amended to read as described in Exhibit "A," attached hereto and
by this reference incorporated herein.
Section 2: DCC section 8.08.040 is amended to read as described in Exhibit"B," attached hereto and
by this reference incorporated herein.
Dated this of /V ,2015 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY,OREGON
ANTHONY DEBONE, Chair
Yit-eLOAkt —
TAMMY BANEY,Commissioner
ATTEST:0744AL 1>6--14A--) aLvt- UM-VA--
Recording Secretary ALAN UNGER, Commissioner
PAGE 1 OF 2-ORDINANCE NO.2015-012
•-Date of 1st Reading: a day of ct_%C_., , 2015.
Date of 2nd Reading: ! day of /UbV , 2015.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Anthony Debone
Alan Unger rr
Tammy Baney _ c�
Effective date: '76 day of 4,,e /4 201
ATTEST:
(f71(14,4i'LL
Recording Secretary
PAGE 2 OF 2-ORDINANCE NO.2015-012
6.08.050. Conditions When Animals Are Nuisances.
A. An animal other than livestock is a public nuisance if it:
1. Bites, injures or attacks a person;
2. Chases vehicles or persons;
3. Damages or destroys property of persons other than the owner of the animal;
4. Scatters garbage;
5. Trespasses on private property of persons other than the owner of the animal;
6. Disturbs any person by frequent or prolonged noises;
7. Places a person in reasonable fear of imminent physical injury, when such incident takes place
off the premises of the animal's owner or keeper;
8. Injures or kills an animal or fowl belonging to a person other than the owner or keeper of the
animal;
9. Is found to be in violation of DCC 6.08.060.
B. An animal shall not be considered to be a nuisance under DCC 6.08.050 if the subject animal bites a
person or another animal wrongfully assaulting the subject animal or if the subject animal bites a person
or other animal trespassing upon premises occupied by the dog's owner or keeper after being provoked
by that person.
0.---T4 ownef.-ar-keeper of an animal that is a public-n•u sance...0 A)4.) sham be-liable
0.
LOrd. 2015-012, §1 2015; Ord. 98-008 §1, 1998; Ord. 95-031 §1, 1995; Ord. 90-019 §1, 1990;
EXHIBIT, A PAGE, 1)1
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 therefore, 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, farm 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 exempt under ORS 467,035 or permitted by a variance
issued under ORS 467.060;
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 sleep, peace, quiet,
comfort or repose of persons more than 30 feet away;
EXHIBIT P7 PAGE 1 '
� A
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. ;he eee'•s _ -• - - - • h.-e _. - • - - e -e• ed--noise disturbs t ie slee,
peace n o fe -- - - e- _ .•ffi _ •-• -• _- - -
HG. 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;
11-1. 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 there from;
dl. 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;
KJ. 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;
LK. 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;
ML. 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;
NM, 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;
ON. 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;
PO. 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. 2015-012, §2, 2015; Ord, 95-032 51, 1995; Ord. 203.11 §4, 1980.
EXHIBIT b PAGE 1