Criminal:
Eugene Municipal Code Noise Disturbance

Many students are charged with noise violations. The City of Eugene has a strict noise code. Please read the law so you will not be caught unaware. The penalty for violating these ordinances are:

Section 4.080--$500 fine or 30 days in jail, or both
Section 4.081--$1,500 fine or 90 days in jail, or both

Section 4.080--Noise Disturbance--Prohibited

(1) For purposes of this section, and sections 4.081, 4.083 and 4.084 of this code:

(a) Noise disturbance means any sound which:

1. Injures or endangers the safety or health of a human;
2. Annoys or disturbs a reasonable person of normal sensitivities; or
3. Endangers or injures personal or real property.

(b) Plainly audible means where the listener clearly can hear the content of the sound produced by the noise source. Sounds which may be clearly audible include, but are not limited to, musical rhythms, spoken words, vocal sounds, and engine noises.

(2) It shall be unlawful for any person to intentionally or recklessly create or continue any noise disturbance.

Section 4.081--Noise Disturbance--Repetition and Failure to Cease. It shall be unlawful for any person responsible for a noise disturbance caused by electronically amplified sound or a gathering of five or more people to:

(a) Fail within 30 minutes to eliminate or cease such noise disturbance after receiving a citation or other notice of a violation of this section or section 4.080 of this code, or
(b) Intentionally or recklessly create the same or a similar noise disturbance within six months of having received a citation or other notice of a violation of this section or section 4.080 of this code.

Section 4.083--Noise Disturbance--Specific Prohibitions. Unless exempted by section 4.084 of this code, the following acts are declared to be noise disturbances; however this enumeration shall not be deemed an exclusive list of the violations of section 4.080(2) or section 4.081 of this code, nor shall the recitation of specific prohibitions below be deemed the exclusive and entire listing of unlawful noise disburbances for each subcategory:

(a) Sound producing, amplifying or reproducing equipment. Operatin or permitting the use or operation of any device designed for sound production, amplification, or reproduction, including but not limited to any radio, musical instrument, phonograph, television set, tape recorder, loud speaker, or other similar device:

1. Between the hours of 10 p.m. and 7 a.m. the following day so as to be plainly audible within any dwelling unit which is not the source of the sound; or
2. On public property or on a public right -of-way so as to be plainly audible fifty feet or more from such device, except as authorized by permit.

(b) Steam whistles. Blowing 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 as authorized by permit.
(c) Sirens. Sounding a stationary siren.
(d) Exhausts. Discharging into the open air the exhaust of any steam engine, stationary internal compustion engine, motorboat, motor vehicle, or any mechanical device operated by compressed air or steam without a muffler or other devise which will effectively prevent the emission of loud or explosive noises except where such discharge is from vehicles used for participation in vehicle spectator sports activities between the hours of 7 a.m. and 10 p.m., and the activities are properly licensed by the city and consistent with its zoning ordinance.
(e) Idling engines. Operating for more than 15 consecutive minutes any idling engine in such a manner as to be plainly audible within any dwelling unit between 10 p.m. and 7 a.m. the following day.
(f) Loading, unloading, opening boxes. Loading or unloading any vehicle or opening, closing or destroying bales, boxes, crates and containers, between the hours of 10 p.m. and 7 a.m. the following day.
(g) Construction or repair of buildings, streets, etc. Constructing (including excavating), demolishing, altering, or repairing any building, street, sidewalk, driveway, sewer or utility line between the hours of 7 p.m. and 7 a.m. the following day.
(h) Pile drivers, hammers, lawnmowers, etc. Operating any pile driver, steam shovel, pneumatic hammer, derrick, or steam or electric hoist between the hours of 10 p.m. and 7 a.m. the following day or lawnmower between the hours of 9 p.m. and 7 a.m. the following day.
(i) Animals. Keeping any animal which frequently or for a long duration makes vocal or other sounds so as to create a noise disburbance.
(j) Other. Any sound source exceeding the standards set out in section 9.644 or this code and not otherwise exempt therefrom.

Section 4.084--Noise Disturbance--Exemptions, Variances.

Exemptions. The following sounds are exempted from the provisions of section 4.080, 4.081, and 4.083 of this code:

(a) Sounds made by work necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from imminent exposure to danger.
(b) Sounds made by warning devices to protect persons or property from imminent exposure to danger, provided however that burglar or fire alarms shall not operate continuously for more than fifteen minutes.
(c) Sounds made by an emergency vehicle, as defined in ORS 801.260, when responding to or from an emergency or when in pursuit of an actual or suspected violator of the law.
(d) Sounds made by current employment of land and building for farm uses, i.e., for the purpose of obtaining a profit in money by raising, harvesting, and selling crops or by the feeding, breeding, management, and sale of livestock, poultry, fur-bearing animals or honeybees, or the produce thereof, or for dairying and the sale of dairy products or any other agricultural or horticultural operations or any combination thereof including the preparation and storage of the products raised for man's use and animal use and disposal by marketing or otherwise by a farmer on such farm.
(e) Sounds made by activities by or at the request of the city in maintenance, construction, or repair of public improvements in public rights-of-way or easements.
(f) Sounds produced pursuant to a specific variance granted by the Oregon Environmental Quality Commission, or by the city manager or hearings official under subsection (2) of this section.
(g) Sounds caused by sources regulated as to sound production by federal law or sounds caused by sources the regulation of which is preempted by state law.
(h) Sounds not electronically amplified, created by athletic and entertainment events other than motor vehicle racing events or fireworks displays.
(i) Electronically amplified announcements at athletic events other than motor vehicle displays.
(j) The sounding of any horn or signaling device on an automobile, motorcycle, or other vehicle reasonably required by the exigencies of vehicular or pedestrian traffic.
(k) Sounds specifically authorized under a permit or license issued by the city.

(2) Variances. Any person who owns, controls, or operates any sound source which does not comply with section 4.080, 4.081, or 4.083 of this code may apply to the city manager for a variance. As used herein, "city manager" includes a designee of the city manager.

(a) Application. An application for a variance shall be in writing on a form provided by the city, contain the information required by the city manager, and be accompanied by a fee in an amount set under section 2.020 of this code. No application shall be considered received until all required information and the fee have been submitted.
(b) Public notification. The city shall give written notice of the application to any officially recognized neighborhood association in whose boundaries the sound source is located. The city shall also post written notice at the sound source location. The notice shall state the date by which the application will be considered, the nature of the variance to be considered, and where persons may file written comments regarding the application. The applicant shall maintain the posted notice until the final decision on the application is made.
(c) Types of variances.

1. Class A variances may be granted by the city manager for an event or activity which does not exceed 24 hours.
2. Class B variances may be granted by the city manager for an event or activity or series of related activities which are 24 hours or more in duration.

(d) Decision.

1. The city manager shall grant or deny the variance within 14 days of receiving a complete variance application. The time for decision may be extended to 30 days if a public hearing on the application is held.
2. The city manager may, on his or her own motion, hold a public hearing on the application before deciding to grant or deny the variance.
3. The city manager may grant a variance after considering the written application for variance, any written comments, and the applicant's compliance with variance conditions previously imposed. The variance may be granted by the city manager when it appears that compliance with the standards from which the variance is sought will produce unnecessary hardshp to the applicant without equal or greater benefit to the public or that the purposes of the noise disturbance provisions can be served without a strict application thereof.
4. The city manager may impose limitations and conditions in granting the variance in order to protect affected persons from the noise disturbance. A violation of any such condition or limitation shall constitute a violation of section 4.080(2) of this code and grounds for revocation of the variance.
5. A decision to grant or deny a variance shall be in writing and shall state the reasons for such decision. The city manager shall notify the applicant of the decision and shall make it available to any person who has submitted written comments on the application.
6. The city manager may revoke a variance without a hearing upon finding that:

a. The applicant has provided false or misleading information, or omitted disclosure of a mterial fact, on the application or related material;
b. The applicant is operating the sound source in violation of this code or applicable local, state or federal law;
c. The applicant has violated a condition of variance approval; or,
d. New information shows that the permitted activity or device would endanger property or the public health or safety.

7. The action of the city manager in denying a variance application or in revoking an issued variance may be appealed in the manner provided by section 3.060 of this code. The decision of a hearings official on any such appeal is final. The action of the city manager is approving a Class B variance may be appealed under the same procedures if such appeal can be decided in a timely way. Decisions of the city manager in approving a Class A variance are final.

This information is not intended to provide legal advice. Any incidental fee-paying University of Oregon student who has questions about noise issues may call ASUO Legal Services at 346-4273 to arrange an appointment.


ASUO Legal Services' attorneys are licensed to practice in the State of Oregon. Information disseminated in this website does not constitute legal advice and does not create an attorney/client relationship. This page is for information purposes only. For legal advice, contact an attorney licensed in your state. You should not make legal hiring decisions based upon brochures, advertising or other promotional materials.