"Good Neighbors Keep Their Noise to Themselves"

Chapter 8.24 NOISE CONTROL

     8.24.010 Findings.

     8.24.015 Definitions.

     8.24.020 Exemptions.

     8.24.025 Variances.*

     8.24.030 Standards generally.

     8.24.040 Enumeration of acts in violation.

     8.24.050 Conformity with law.

     8.24.055 Administrative procedures.

     8.24.060 Citation.

     8.24.070 Citation--Other enforcement procedures not excluded.

     8.24.010 Violation--Penalty.

Chapter 8.24.010 Findings.

A. The making and creating of loud, unnecessary or unusual noises within the boundaries of the county is a condition which has existed for some time and the extent and volume of such noises is increasing.
B. The making, creation or maintenance of loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use, affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the county; and
C. The necessity in the public interest for the provisions and prohibitions hereinafter declared contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the county and its inhabitants. (Ord. 548 (Exhibit A(part)) 1999: Ord. 298 § 2(Exhibit A § 1), 1984)

8.24.015 Definitions.

As used in this chapter:
"Farm use" means the current employment of land including that portion of such lands under buildings supporting accepted farming practices for the purposes of raising, harvesting and selling crops or the feeding, breeding, management and sale of, or the produce of livestock, poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. "Farm use" includes the preparation and storage of the products raised on such land for human use and animal use and disposal by marketing or otherwise. It does not include the use of land subject to the provisions of ORS Chapter 321, or the construction and use of dwellings customarily provided in conjunction with the farm use.
"Fanning practice" means a mode of operation that is common to farms of a similar nature, necessary for the operation of such farms and customarily utilized in conjunction with farm use.
"Noise sensitive unit" means any building or portion thereof, vehicle, boat or other structure used as a church, day care center, hospital, nursing care center, school, or place used for overnight accommodations of persons, including, but not limited to, individual homes, individual apartments, trailers and nursing homes.
"Plainly audible" means any sound for which the information content of that sound is unambiguously communicated to the listener, such as, but not limited to, understandable spoken speech, comprehensible musical rhythms or vocal sounds.
"Vehicle" includes automobiles, motorcycles, motorbikes, go-karts, trucks, buses and snowmobiles. (Ord. S48 (Exhibit A(part)), 1999: Ord. 475 § 2 (part), 1996)

8.24.020 Exemptions.

Nothing in this chapter is intended to unreasonably restrict or regulate:
A. Forestry. The normal and usual operation of equipment and machinery in connection with and on land being used for the growing and harvesting of timber and other forest products because of noise arising from such activity.
B. Farming. Farming practices because of noise arising from farm use of land.
C. Organized Athletic or Other Group Activities. Sounds caused by organized athletic or other group activities, when those activities are conducted on property generally used for those purposes, including stadiums, parks, schools, churches, airports and athletic fields. These exceptions do not prohibit the county from declaring a specific event or activity in violation of this chapter, or other laws, ordinances or regulations.
D. Sounds caused by emergency work, or by the ordinary and accepted use of emergency equipment, vehicles and apparatus, regardless of whether such work is performed by a public or private agency, or upon public or private property.
E. Sounds caused by regular vehicular traffic upon premises open to the public.
F. Sounds regulated by federal and state law, including but not limited to sounds caused by railroads and aircraft.
G. Lawn, garden or household equipment associated with the normal repair, upkeep or maintenance of property between the hours of seven a.m. and ten p.m. (Ord. 548 (Exhibit A (part)), 1999: Ord: 475 § 2 (part), 1996: Ord. 298 § 2(Exhibit A § 7), 1984)

8.24.025 Variances.*

Any person, business or government agency planning the operation of a sound source which may violate any provision of this chapter may apply for a variance from such provision. For the purpose of this section, two types of variances are provided: Type I and Type II.
A. Type I.
1. Any person, business, or government agency planning the operation of a sound source, which may violate any provision of this chapter for a period not to exceed sixty (60) days, may apply for a Type I variance from such provision.
2. Application. The applicant must submit a complete written application in a form acceptable to the county and submit to the County Administrative Office. The application need only address that portion of the project for which a variance is sought. Any application that does not comply with the following requirements is not complete and must be resubmitted:
a. A processing fee established by resolution and order;
b. The name, address and telephone number of the entity requesting the variance and the signature of an authorized representative;
c. The length of time for the variance; and
d. An analysis of the proposal, addressing:
i. The purpose for the creation of the noise;
ii. The nature of the noise;
iii. The affected population within the geographical area of the noise source, whether it is residential, commercial or industrial;
iv. The projected duration and times of the noise;
v. The potential impacts of the noise on the affected population;
vi. The extent and scope of measures that the applicant has taken or will take to reduce or diminish the disturbance for the affected population such as:
(A) Modification of operations to reduce the impact the noise will have on the affected population,
(B) Any other measure that is deemed necessary and proper to minimize impacts the noise will create in the affected area.
3. Processing the Variance.
a. The county administrator shall provide a response within ten days of the applicant's submittal of a complete application and processing fee.
b. The county administrator may deny the application, approve the application or approve the application subject to conditions. The decision by the county administrator shall be in writing and include a brief summary of the relevant facts, reasoning and conclusion, together with any conditions of approval including the duration of the variance.
c. In the event of denial or approval subject to conditions, the applicant may submit the application for reconsideration. The application for reconsideration may include additional information In support of the requested variance and must be submitted within five days of the initial decision. The county administrator will issue the decision on reconsideration within seven days. The decision of the county administrator shall be the final decision of the county.
d. The decision of the county administrator shall be reviewable solely under ORS 34.010 through ORS 34.100 in the Circuit Court of Washington County.
4. Extension or Revocation of Variance.
a. The county may grant one extension to a Type I variance, not to exceed thirty days, upon a determination that it is warranted by reasonably unforeseeable and uncontrollable events.
b. The variance may at any time before or during the operation of any variance be revoked for good cause.
5. Violations.
a. Violation of the terms and conditions of the variance shall be deemed a violation of this chapter enforceable as provided in Section 8.24.060.
b. The fines provided for herein are in addition to, and not in lieu of, any other remedy allowed by law, including but not limited to an action for revocation, a restraining order, and injunction or abatement.
B. Type II.
1. Any person, business, or government agency planning the operation of a sound source which may violate any provision of this chapter for a period in excess of sixty (60) days, may apply for a Type II variance from such provision.
2. Application. An entity requesting a variance must submit a complete written application in a form acceptable to the county and submitted to the County Administrative Office. Any application that does not comply with the following requirements is not complete and must be resubmitted:
a. A processing fee established by resolution and order;
b. The name, address, and telephone number of the entity requesting the variance and the signature of an authorized representative;
c. The length of time for which the variance is requested to be granted; and
d. An analysis of the proposal, addressing:
i. The purpose for the creation of the noise, whether it is for public benefit, health, comfort, convenience, safety, welfare and prosperity of the county,
ii. The nature of the variance and type of affected population within the geographical area affected by the noise, whether it is residential, commercial or industrial. The application need only address that portion of the project for which a variance is sought,
iii. The physical characteristics, duration, and times of the noise and the impacts it will create on the affected population in the area,
iv. The extent and scope of measures that the applicant has taken or will take to reduce or diminish the disturbance for the affected population such as:
(A) Estimation of the range and maximum sound levels of the noise according to time of day, and geographical location,
(B) Modification of operations to reduce the impact the noise will have on the affected population,
(C) Construction of physical barriers to diminish noise levels,
(D) Establishment of a citizen complaint process for resolving complaints and alleged violations of the variance,
(E) Establishment of a noise monitoring program to measure sound levels at various locations and times to ensure noise levels fall within the maximum range estimated,
(F) Any other measure that is deemed necessary and proper to minimize impacts the noise will create in the affected area.
3. Processing the Variance.
a. The county shall issue a staff report recommending approval, approval with conditions, or denial of the variance. The report shall be available at least seven days prior to the hearing.
b. A hearing officer appointed by the County Administrator shall conduct a public hearing on the application in accordance with the rules established by resolution and order of the board.
c. The county shall provide notice of the hearing at least ten days prior to the hearing by publication in a newspaper of general circulation in the county and at least two conspicuously posted notices in the vicinity of where the noise source is or will be located. The notice shall contain the date and time for the hearing, a brief description of the noise that will be generated and the length of time for which the variance is being requested, the name, address and phone number of the person or entity requesting the variance, and the phone number of a person at the county from whom additional information may be obtained.
d. The decision of the hearings officer shall be in writing and include a brief summary of the relevant facts, reasoning and conclusions, together with any conditions of approval including the duration of the variance. Notice of the decision shall be mailed to any person who has requested such notice in writing and provided a current mailing address.
e. The decision of the hearings officer shill be reviewable solely under ORS 34.010 through ORS 34.100 in the Circuit Court of Washington County.
4. Standards and Conditions.
a. The variance shall be granted only upon finding that:
i. The variance will provide a substantial benefit to the public generally;
ii. Denial would significantly delay, increase the cost, or impact the utility of the project or event;
iii. Effective measures will be implemented to mitigate, to the extent feasible, significant noise impacts.
b. The hearings officer may modify the proposal or impose conditions of approval necessary to meet the standards in this section and ensure compliance with the ordinance or the terms of the variance.
5. Extension, Modification or Revocation of Variance.
a. The county may grant one extension to a Type II variance, not to exceed one hundred twenty days, upon a determination that it is warranted by reasonably unforeseeable and uncontrollable events. No notice or hearing shall be required.
b. The terms and conditions of the variance may be modified after notice and hearing as provided in subsection (B)(3) of this section. Modifications proposed by the applicant shall be permitted only upon findings that: the need for the modifications was not reasonably foreseeable at the time of original approval; feasible noise mitigation will be implemented and the modification is necessary to avoid significant delay, expense or operational impacts.
Modifications proposed by the county shall be imposed only upon findings that they are necessary to ensure enforcement of the terms of the variance or that modifications are necessary because the information relied upon in the original approval is inaccurate, incomplete or misleading.
c. The variance may be revoked after notice and hearing as provided in subsection (B)(3) of this section upon finding that the applicant has repeatedly violated the terms of the variance.
6. Violations.
a. Violation of the terms and conditions of the variance shall be deemed a violation of this chapter enforceable as provided in Section 8.24.060.
b. The fines provided for herein are in addition to, and not in lieu of, any other remedy allowed by law, including but not limited to an action for revocation, a restraining order, an injunction or abatement. (Ord. 548 (Exhibit A(part)), 1999: Ord. 475 § 2 (part), 1996: Ord. 427 § 2(A), 1993)
* Editor's note: The words "of time for the variance" in subsection (A)(2)(c) of Section 8.24.02S were editorially added by direction of the county during the 7/00 supplement.

8.24.030 Standards generally.

It is unlawful for any person to make, continue or cause to be made or continued, any noise, which unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any person of normal sensitivity in a noise sensitive unit. The standard which shall be utilized in determining whether a violation of the provisions of this chapter exists shall include, but not be limited to, the following:
A. The volume of the noise;
B. The intensity of the noise;
C. Whether the nature of the noise is usual or unusual;
D. Whether the origin of the noise is natural or unnatural;
E. The volume and intensity of the background noise, if any;
F. Whether the noise is plainly audible within a noise sensitive unit;
G. The nature and zoning of the area within which the noise emanates;
H. The density of the inhabitation of the area within which the noise emanates;
I. The time of day or night the noise occurs;
J. The duration of the noise;
K. Whether the noise is recurrent, intermittent, or constant. (Ord. 548 (Exhibit A(part)), 1999: Ord. 475 § 2 (part). 1996: Ord. 298 § 2(Exhibit A § 2), 1984)

8.24.040 Enumeration of acts in violation.

The following acts are prima facie evidence of a violation of this chapter, but said enumeration shall not be deemed to be exclusive, namely:
A. Horns, Signaling Devices, Etc. Sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place in the county, except as a danger warning; the creation by means of any signaling device of a.ny unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time;
B. Radios, Phonographs, Etc. The using, operation or permitting to be used, played or operated any radio receiving set, television set, musical instrument, phonograph, compact disc player, loudspeaker or other machine or device, for the production or reproduction of sound between the hours of ten p.m. and seven a.m. in such a manner as to be plainly audible upon a public street or within a noise sensitive unit which is not the source of sound;
C. Exhaust Brakes. The use of exhaust brakes except when used for an emergency stop or to slow to avoid a collision;
D. Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling, or singing on the public streets, between the hours of ten p.m. and seven a.m.;
E. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motorcycle, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosivenoises therefrom;
F. Construction. The erection, construction (including excavation), demolition, alteration, or repair of any structure or site or construction related to public improvement projects from seven p.m. to seven a.m. the following morning, and from seven p.m. Saturday to seven a.m. the following Monday, and on legal holidays except by variance or for reasons of emergency;
G. Piledrivers, Hammers, Etc. The operation between the hours of seven p.m. and seven a.m. of any piledriver, pneumatic hammer, derrick, steam or electric hoist, or other equipment, the use of which is attended by loud or unusual noise except by variance or for reasons of emergency;
H. Blowers and Motor-Driven Cycles. The operation of any blower or power fan unless the noise from such blower or fan is properly muffled and such engine is equipped with a muffler device. sufficient to reduce such noise. (Ord. 548 (Exhibit A(part)), 1999: Ord. 475 § 2 (part), 1996: Ord. 298 § 2(Exhibit A § 3), 1984)

8.24.050 Conformity with law.

This chapter shall not in any way be a substitute for, nor eliminate in any way, the necessity for conformity with any and all laws or rules of the state of Oregon or its agencies, nor any ordinance or rule or regulation of the county. (Ord. 548 (Exhibit A(part)), 1999: Ord. 298 § 2 (Exhibit A § 4), 1984)

8.24.055 Administrative procedures.

A. The Washington County board of commissioners, may adopt, by resolution and order, an administrative procedures manual. This manual may include, but is not limited to, identifying resources, processes and procedures for compliance with this ordinance and resolution of complaints.
B. Violations of this chapter may be enforced by a hearings officer, through an administrative process or citation per Section 8.24.060. (Ord. 548 (Exhibit A(part)), 1999: Ord. 475 § 2 (part), 1996)

8.24.060 Citation.

A county officer, as defined in the uniform citation ordinance, and a private citizen may issue a citation for violation of this chapter and the rules and regulations adopted pursuant thereto. Citations shall conform to the requirements of the uniform citation ordinance. Chapter 1.08. (Ord. 548 (Exhibit A(part)), 1999: Ord. 491 § 2(B) Exh. F (part), 1997)

8.24.070 Citation--Other enforcement procedures not excluded.

The provisions of this chapter are in addition to and not in lieu of any other procedures and remedies provided by law, including equitable relief and damages. (Ord. 548 (Exhibit A (part)), 1999: Ord. 491 § 2(B) Exh. F (part), 1997: Ord. 298 § 2(Exhibit A § 6(2)(K)), 1984)

8.24.080 Violation--Penalty.

A. Upon conviction of any person for violation of any provision of this chapter or rules or regulations adopted pursuant thereto, such person may be punished by a fine of not more than five hundred dollars.
B. Each day any person shall be in violation of this chapter or rules or regulations adopted pursuant thereto shall be deemed a separate offense.
C. Any person who has been convicted of a violation of this chapter or rules or regulations adopted pursuant thereto and who is found by a court to have been formerly convicted of any violation of this chapter or rules or regulations adopted pursuant thereto within the two years preceding the date of the alleged violation may be punished by a fine of not more than one thousand dollars. (Ord. 548 (Exhibit A(part)), 1999: Ord. 491 § 2(B) Exh. F (part), 1997: Ord. 298 § 2(Exhibit A § 6), 1984)