HomeMy WebLinkAbout3038 Relating to Noise Heat Pumps or Mechanical Devices
ORDINANCE NO. 3038
AN ORDINANCE RELATING TO NOISE AND HEAT PUMPS OR
MECHANICAL DEVICES AND AMENDING AMC 9.08.170, 9.08.175, AND
15.04.185
Annotated to show EleletioAs and additions to the code sections being modified. Deletions are
bold .. ... . and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall. possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v.lntemational Ass'n of Firefighters. Local ]660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, the noise ordinance was adopted in ] 982;
WHEREAS, the code should be updated to remove antiquated language, modify standards, and
address problems with the mechanical devices provisions.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 9.08.170 [Unnecessary Noise] through 9.08.175 [Heat Pumps or
Mechanical Devices] are hereby amended to read as follows:
9.08.170 Unnecessary Noise
A. Definitions. For the purposes of this section onlv. the followinl!: words shall have
the meaninl!: provided in this paral!:raph.
1. Emerl!:encv: any occurrence or set of circumstances involvinl!: actual or
imminent physical trauma or property damal!:e demandinl!: immediate
attention.
2. Emerl!:ency Work: any work performed for the purpose of preventinl!: or
alleyiatinl!: physical trauma or property damal!:e. whether actually caused or
threatened by an emerl!:ency. or work by private or public utilities when
restorinl!: utility service.
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3. City Administrator: the City Administrator of City or the City
Administrator's desi!!nee.
4. Noise Sensitive Area: includes. but is not limited to. real orooertv normallv
used for sleeoin!!. or normallv used as a school. church. hosoital or oublic
librarv.
S. Plainlv audible: any sound that can be detected bv a reasonable oerson of
ordinary sensitivities usin!! his or her unaided hearin!! faculties.
6. Public ri!!ht-of-wav: any street. sidewalk. or similar olace normallv
accessible to the Dublic which is owned or controlled bv a !!overnment entity.
7. Public SDace: any real Drooertv or structures on real Dropertv. owned bv a
!!overnment entity and normallv accessible to the oublic. includin!! but not
limited to Darks and other recreational areas.
8. Residential DroDertv: any real Drooertv located in a residentiallv zoned
district Dursuant to the local land use code. '
A. B. General Prohibition. No person shall make, continue. or assist in making~
continue, or eouse to be mode
I) any unreasonablv loud, disturbing, or raucous noise; or
2) any unneeessoJ1' noise whieh either that unreasonablv annoys, disturbs, injures,
or endangers the comfort, repose, health, safety, or peace of reasonable Dersons of
ordinary sensitivity. within the iurisdictionallimits of the City; or others.
3) any noise which is so harsh. orolon!!ed. unnatural. or unusual in time or olace
as to occasion unreasonable discomfort to any Dersons. or as to unreasonablv
interfere with the Deace and comfort of nei!!hbors or their !!uests. or ODerators
or customers in Dlaces of business. or as to detrimentallv or adverselv affect
such residences or Dlaces of business.
B. L The standard for judging loud, disturbing and unnecessary noises shall be that of an
average, reasonable person with ordinary sensibilities after taking into consideration~
Such noises which are in ...iolotion of this section inelude but are not limited to the
f-allowing:
h the character of the neighborhood in which the noise is made and the noise is
heard;
2. the Droximitv of the sound to sleeDin!! facilities. whether residential or
commercial;
3. the the land use. nature. and zonin!! of the area from which the sound
emanates and the area where it is received or Derceived;
4. the time of dav or ni!!ht the sound occurs;
S. the duration of the sound; and
6. whether the sound is recurrent. intermittent. or constant.
D. Noises Prohibited. The followin!! acts are declared to be oer se violations of this
Ordinance. This enumeration does not constitute an exclusive list:
1. Unreasonable Noises. The unreasonable maldn!! of. or knowin!!ly and
unreasonably Dermittinl! to be made. any unreasonably loud. boisterous or
unusual noise. disturbance. commotion or vibration in any boardinl! facilitv.
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dwelline, place of business or other structure. or upon any public street, park,
or other place or buildine. The ordinary and usual sounds, noises, commotion
or vibration incidental to the operation of these places when conducted in
accordance with the usual standards of practice and in a manner which will
not unreasonablv disturb the peace and comfort of adiacent residences or
which will not detrimentallv affect the operators of adiacent places of business
are exempted from this provision.
2. Animals and Birds. Unreasonablv loud and raucous noise emitted bv an
animal or bird for which a person is responsible. A person is responsible for
an animal if the person owns, controls or otherwise cares for the animal or
bird.
3. Vehicle Horns, Sienaline Devices, and Similar Devices. The soundine of anv
horn, sienaline device, or other similar device, on any automobile. motorcvcle.
or other vehicle on any rieht-of-wav or in anv public space of the City. for
more than ten consecutive seconds. The soundine of any horn. sienaline
device. or other similar device. as a daneer warnine is exempt from this
prohibition.
4. Non-Emereencv Sienaline Devices. Soundine or permittine soundine of anv
amplified sienal from any bell, chime. siren, whistle or similar device,
intended primarilv for non-emereencv purposes, from anv place for more
than ten consecutive seconds in any hourlv period. The reasonable so undine
of such devices bv houses of relieious worship, ice cream trucks, seasonal
contribution solicitors or bv the City for traffic control purposes are exempt
from the operation of this provision.
5. Emereencv Sienaline Devices. The intentional soundine or permittine the
soundine outdoors of any emereencv sienaline device includine fire, burelar,
civil defense alarm, siren, whistle, or similar emereencv sienaline device,
except in an emereencv or except as provided in subsections (a) and (b).
below.
a. Testine of an emereencv sienaline device shall occur between 7:00
a.m. and 7:00 p.m. Anv testine shall use onlv the minimum cvcle test
time. In no case shall such test time exceed five minutes. Testine of the
emereencv sienaline system shall not occur more than once in each
calendar month.
b. If a false or accidental activation of an alarm occurs more than twice
in a calendar month, the owner or person responsible for the alarm
shall be in violation ofthis Ordinance.
6. Construction or Repair of Buildines, Excavation of Streets and Hiehwavs.
The construction. demolition. alteration or repair of any buildine or the
excavation of streets and hiehwavs other than between the hours of 7:00 a.m.
and 7:00 p.m., on weekdays, and 8:00 a.m. and 6:00 p.m. on weekends and
holidavs, except in the case of an emereencv in the interest of the public
welfare and safety. In cases of emereencv, construction or repair noises are
exempt from this provision. In non-emereencv situations. the City
Administrator mav issue a permit, upon application, if the City
Administrator determines that the public health and safety. as affected bv
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loud and raucous noise caused bv construction or repair of buildinl!s or
excavation of streets and hil!hwavs between the hours of7:00 p.m. and 7:00
a.m. will not be impaired. and if the City Administrator further determines
that loss or inconvenience would otherwise result. The permit shalll!rant
permission in non-emerl!encv cases for a period of not more than five days.
The permit may be renewed once for a period of five days or less. The actual
owner of property may do work on property which is owner occupied
between the hours of6:00 p.m. and 10:00 p.m. without obtaininl! a permit
under this paral!raph.
7. Radios, Televisions, Boomboxes. Stereos, Musical Instruments and Similar
Devices. The use or operation of a radio. television. boombox. stereo. musical
instrument. or similar device that produces or reproduces sound in a manner
that is plainlv audible to any person other than the plaver(s) or operator(s) of
the device. and those who are voluntarilv Iisteninl! to the sound. and which
unreasonablv disturbs the peace. Quiet. and comfort of neil!hborsand
passers-by. or is plainlv audible at a distance of 50 feet from any person in a
commercial. industrial area. or public space. The use or operation of a radio,
television. boom box. stereo. musical instrument. or similar device that
produces or reproduces sound in a manner that is plainlv audible to any
person other than the plaver(s) or operator(s) ofthe device, and those who
are voluntarilv listeninl! to the sound. and unreasonablv disturbs the peace.
Quiet. and comfort of neil!hbors in residential or noise sensitive areas.
includinl! multi-familv or sinl!le-familv dwellinl!s.
8. Loudspeakers. Amplifiers. Public Address Systems. and Similar Devices. The
unreasonablv loud and raucous use or operation of a loudspeaker. amplifier.
public address system. or other device for producinl! or reproducinl! sound is
prohibited without a permit from the City Administrator. The City
Administrator mav l!rant a permit to responsible persons or orl!anizations
for the broadcast or amplification of sound as a part of a national: state, or
city event. public festival. or special events of a noncommercial nature. If the
Citv Administrator does not l!rant the permit, the matter may be appealed to
an outside hearinl!s officer pursuant to AMC 2.30. This permit shall not be
required for any public performance. l!atherinl!, or parade for which a
permit authorizinl! the event has been obtained from the City.
9. Yellinl!. Shoutinl!. and Similar Activities. Yellinl!. shoutinl!. hootinl!.
whistlinl!. or sinl!inl! in residential or noise sensitive areas or in public places.
between the hours of 10:00 p.m. and 7:00 a.moo or at any time or place so as
to unreasonablv disturb the Quiet. comfort. or repose of reasonable persons
of ordinary sensitivities. This section is to be applied onlv to those situations
where the disturbance is not a result of the content of the communication but
due to the volume, duration. location, timinl! or other factors not based on
content.
10. Noise Sensitive Areas - Schools. Courts. Churches. Hospitals, and Similar
Institutions. The creation of any unreasonablv loud and raucous noise
adiacent to any noise sensitive area while it is in use. which unreasonablv
interferes with the workinl!s of the institution or which disturbs the persons
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in these institutions: provided that conspicuous si!!:ns delineatin!!: the
boundaries of the noise sensitive area are displaved in the streets
surroundin!!: the noise sensitive area.
11. Blowers. and Similar Devices. In residential or noise sensitive areas. between
the hours of 9:00 p.m. and 7:00 a.m.. the operation of anv noise-creatinl!
blower. power fan. power tools or anv internal combustion en!!:ine. the
operation of which causes noise due to the explosion of operatin!!: !!:ases or
fluids. provided that the noise is unreasonablv loud and raucous and can be
heard across the propertv line of the propertv from which it emanates.
12. Commercial Establishments Adiacent to Residential Propertv. Unreasonablv
loud and raucous noise from the premises of anv commercial establishment.
incIudin!!: anv outdoor area which is part of or under the control of the
establishment. between the hours of II :00 p.m. and 7:00 a.m.. which is
plainlv audible at from, the propertv line of anv residential propertv.
1. The I.eeping of IIny bird or IInimlll whieh by ell using frequcnt or long eontinued
noise disturbs the eomfart IInd repose of IIn)' person in the vicinity;
2. The IIttllehing of II bell to IIn IInimlll or II110wing II bell to rcmllin, on IIn IInimlll;
3. The use of II '/ehiele or engine, eithcr stlltionllry or moving, so out of repllir,
10llded, or operllted liS to erellte IIny loud or unnecesslIry grllting, grinding,
rllttling, or other noise;
1. The sounding of II horn or signllling de'liee on II ychiele on II street, publie
plllee, or pri'lllte plllee, except liS II necessllry wlIrning of dllnger;
S. The blowing of II stellm whistle IIttllched to II stlltionll'1' boiler, except to give
notice of the time to begin or stop worl., liS II wlIrning of dllnger, or upon
request of propcr Cit), lIuthorities;
&.-- The use of a mechanical device operated by compressed air, steam, or otherwise,
unless the noise thereby created is effectively muffled
7. The erection, ineluding cxellyation, demolition, IIIterlltion, or rcpllir of II
building in rcsidential dbtriets, othcr thlln between the hOUFS of se'/en (7:00)
lI.m. IInd six (6:00)' p.m. ~'eel.dll)'s, IInd on weel.ends IInd Holidays between the
hours of eight (8:00) lI.m. and six (6:00)p.m., execpt in ellse of urgent nccessit)'
in the interest of the pub lie welfllre and sllfety IInd then only with II permit
granted by the Cit)' .\dministrlltor for II period not to execed ten (10) dll)'s.
The permit mllY be renewed far periods of Ii'/e (S) dllYs while the emergcncy
continucs to cxist. If the Council dctermincs thllt the public health, sllfet)' IInd
welfore will not he impllired b)' the erection, demolition, IIIterlltion, or rcpllir
ofll huilding bewleen the hours of six (6:00) p.m. IInd se'/en (7:00) lI.m., IInd if
the Council further determines thllt loss or incon'lcnienee would rcsult to IIny
pcrson unless the wod. is permitted within these hours, the Couneil mllY grllnt
pcrmission for sueh worl. to be done within specified hours between six (6:00)
p.m. IInd seven (7:00) a.m. upon IIppliclltion therefore being mllde lit the time
the permit for the worl. is IIwllrded or during the progress of the vlork (Ord.
2S80, 1990)The IIctUllI OVlner of prope~' mllY do worl. on propcrty whieh is
IIctulllly owner oeeupied between the hours of six (6:00) p.m. IInd ten (10:00)
p.m. without ohtllining II permit liS hcrein rcquired;
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J
8. The u~e of a gong or siren upon a ';ehiele, other than poliee, fire, or other
emergeney ';ehide.
9. The creation of exec~sive noise on a street adjaeent to a sehool, institution of
learning, ehureh, or eourt of ju~tiee, '/lhile the some ore in use, or on a street
alijaeent to a hospital, nursing home, or other institution for the eare of the
sid. or infirm, ,,'hieh unreasonably interferes with the operation of sueh
institution or disturbs or unduly annoys patients;
10. The diseharge in the open air of exhaust of a steam engine, internal
eombustion engine, motorboat, or motor ';ehiele exeept through a muffler or
otber deviee whieh will effeeti';ely pre-:ent loud or explosin noises and the
emission of annoying smoke;
11.The use or operation of on automatie or eleetrie piano, phonograph,
gramophone, Victrola, radio, tele';bion, loudspeal.er, or any instrument for
sound produeing or any sound amplifying deviee so loudly os to disturb
persons in the vieinity thereof or in sueh a manner as renders the use thereof
a nuisanee. "o'l;e-:er, upon application to the City Administrator and a report
from the Chief of Poliee, the City f.dminiatrator may grant permits to
responsible persons or organization~ for the brood east or amplifieation of
programs of musie, news, speeches, or general entertainment os a port of a
notional, state or City ennt, publie festi';als, or speeial eYent~ of a
noneommereial nature. If the City ,'\dministrator disappro';es sueh a permit,
the matter may be appealed to the City Couneil whose deei~ion sholl be final.
The broadeast or amplifieation sholl not be audible for a distanee of more
than one thousand (1,000) feet wom the instrument, speaker, or amplifier, and
in no eyent, sholl a permit be granted where any obstruetion to free and
uninterrupted traffie, both yehieular and pedestrian, will result. (Ord. 2307,
!-984t
12. The making of a noise by erying, ealling, or shouting or by means of a whistle,
rattle, bell, gong, elapper, horn, hammer, drum, musieal instrument, or other
deviee f{lr the purpose of ad';ertising goods, wares, or merehandise, attraeting
attention, or im'iting patronage of a per~on to a business. "o'l;cnr, newsboys
mil)' sell newspapers and magazines by publie outery;
13. The eonducting, operating, or maintaining of a garage within one hundred
(100) feet of a prh'ate reside nee, apartment, rooming house, or hotel in sueh
manner os to eause loud or disturbing noises to be emitted therefrom between
the hours of eleven (11:00) p.m. and scyen (7:00) a.m.
t. E. Generallv sound measurements are not required for enforcement ofthis chapter:
however. sound measurements are required for enforcement pursuant to this
section. If sound measurements are taken. thev shall be taken with a sound level
meter in !!:ood operatin!!: condition. Any source of noise which exceeds the
following standards is considered a public nuisancel '
I. Decibel Noise Standards
Allowable Statistical Noise Levels in anv One Hour:
7 a.m. to 9 p.m. 9 p.m. to 7 a.m.
L50--50 DBA L50--45 DBA
LlO--55 DBA LlO--50 DBA
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Ll--60 DBA Ll--55 DBA
where:
L50 = noise level exceeded 50% of the time
L I 0 = noise level exceeded 10% of the time
L I = noise level exceeded I % of the time
2. Stllndllrds for mellsurement. Stllndllrds for mellsurement of noise sources shllll
be described in "Sound Mellsurement Proeedures MlInulll," current revision,
liS lIdopted by the State Depllrtment of Environmental QUlllit)..
3. 2. Where measured. Measurement of a noise source shall be made from the closest
property line of a residential property. structure in II residentilll zone.
4. Construetion lIeti'/ities ellemated. Noise from temporary construction lIeth'ities
is exempted f-rom the noise performllnee stllndllrds from 7:00 lI.m. to 9 p.m. 3.
Heat Pumps or Mechanical Devices.
a. No person shall operate a commercial or residential heat pump. air-
conditioninl!: unit. or similar mechanical device if noise levels from its
operation exceed forty-five (45) DBA from the closest property line of a
residential property on an ad jacent parcel of land characterized as a noise
sensitive area.
b. No person shall operate a commercial or residential heat pump. air-
conditioninl!: unit. or similar mechanical device that was installed prior to
1981 if noise levels from its operation exceed fifty (50) DBA from the closest
property line of a residential property on an adjacent parcel of land
characterized as a noise sensitive area.
E: Heat Pumps or Mechanical Devices is a Class II violation.
S. 4. Variances. The Council may grant variance to the Decibel Noise Standards when
it finds that strict compliance with the ordinance would cause an unusual and
unreasonable hardship to a commercial or industrial use.
a. The Council shall notify all adjacent residential structures within 200 ft. of the
proposed variance and shall hold the public hearing on the variance prior to making
any decisions on the request for a variance.
b. The variance shall be the minimum necessary to alleviate the unreasonable
hardship.
F. Exemptions.
1. Sounds caused bv the followinl!: are exempt from the prohibitions set out in
paral!:raph D and are in addition to the exemptions specificallv set forth in
paral!:raph D:
a. Sounds of rel!:ular vehicular traffic upon premises open to the public.
provided that the prohibition of paral!:raph D.3 continues to applv.
b. Sirens. whistles. or bells lawfullv used bv emerl!:encv vehicles. or other
alarm svstems used in case of fire. collision. civil defense. police
activity. or imminent danl!:er. provided that the prohibition contained
in paral!:raph D.5 continues to applv.
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c. The emission of sound for the DurDose of alertinl! Dersons to the
existence of an emerl!encv or the emission of sound in the
Derformance of emerl!encv work.
d. Sounds rel!ulated bv federal law. incIudinl!, but not limited to, sounds
caused bv railroads or airDorts.
e. Bell tower chimes.
f. TemDOrary Construction activities. Noise from temDOrary
construction activities that take Dlace between 7:00 a.m. to 9 D.m.
g. Outdoor School and PlaVl!round Activities. Reasonable activities
conducted on Dublic DlaVl!rounds and Dublic or Drivate school
l!rounds. which are conducted in accordance with the manner in
which such SDaces are l!enerallv used, incIudinl! but not limited to,
school athletic and school entertainment events.
h. Other Outdoor Events. Athletic events, outdoor l!atherinl!s, Dublic
dances, shows and sDortinl! events. and other similar outdoor events.
Drovided that anv required Dermits have been obtained from the
aDDroDriate Dermittinl! authority.
Do G. Penalty. Unless otherwise sDecified in this section. Unneee~sary unnecessary
noise is a Class I Violation.
9.08.175 Heat Pumps or MeelulRical DC'licc~
No pcrson sholl cau~e or pcrmit to cxcccd, on propcrty undcr thcir ownership or
control, thc standards sct forth in Scction 15.01.18:; of the Municipal Codc. Hcat
Pumps or Mcchanical Deviees is a Closs II'liolation.
SECTION 2. Sections 15.04.185 [Heat Pumps and Mechanical Devices] is hereby amended as
follows:
15.04.185 Heat Pumps and Mechanical Devices
The following standards sholl gO'lern the issuance of permits and noisc Icnl~ of
heat pump and other mechanieal installations:
f.. Existing IIcat Pump~ and Mechanical DC'lices. No person owning or
eontrolling an exi~ting eommereial or re~idcntial hcat JlumJl or mcchanical dcvice
shall cause or Jlermit oJleration of that noise source if the noise lenls gcneratcd by
the heat JlumJl or mechanical dC'lice exceed fifty (50) DB,". measured within twenty
five (25) feet ofthe neare~t residential structure on an adjacent Jlarcel of land.
B. New lie at PumJl and Mechanical Installations. Effeeth'e uJlon adoJltion ofthi~
Section, no person sholl install or operate a commercial or residential heat JlumJl or
mechanical dC'iiee if noise le'leb from it~ operation execed forty fi'ie (15) DBA
~:'ithin twenty fi'ie (25) fcet of thc Dearest residential structure on an adjacent Jlarcel
of land or within the setbacI. zone of an)' adjacent unoceuJlied Jlarcel of land zoned
for rcsidential use.
(; A. Permit Requirement. No person shall install a commercial or residential heat
pump, air conditioninl! unit, or similar mechanical device prior to submitting a permit
application to the Building Official and receiving approval. All aJlJllications shall certify
that the oJleration of the heat JlumJl or mechanical de'liee will meet the Jlrovi~ion~ of '
Page 8 of9
Section 2 using the Air Conditioning ond RefrigerotioR Institute Stondords for
:\pplieotion fill' Sound Roted Outdoor Unitory Equipment. (Stondord 275)
D. Enforcement Responsibility. It sholl be the responsibility oCthe Building
Offieiol to ossure ollpFe.isions of this Section ore met prior to issuing on
instollotion permit for 0 heot pump or meehonicol deyiee.
Eo !!".(Repealed by Ord. 2685, 1992) (Ord. 2153 SI, 1981;Ord2925, 2006)
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Savines. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced, shall remain
valid and in full force and effect for purposes of all cases filed or commenced during the times
said ordinance(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" lllay be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 4-5) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the ~ day of Ocl?f~ ,2010, '
~ED;d~~MYOf A~ ,2010,
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this g day orl!~OlO.
Reviewed as to form:
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