§ 389.105. Permits for sound amplifying equipment.

(a) Except as provided in section 389.60(e)(5), no person shall use or maintain any outside sound amplifying equipment except under specific permit from the commissioner of health, or their designee. Permits for outdoor sound amplifying equipment are based on three (3) permit types:

(1)

Small event permits for permits adhering to lower sound measurement standards as outlined in [subsections] 389.105(4) and 389.105(6);

(2)

Standard event amplified sound permits; and

(3)

Large block event permits issued in conjunction with a large block event.

(b)

The fees for each permit type shall be as established in the director's fee schedule pursuant to section 91.70 for each calendar day for which amplified sound is played or operated.

(c)

The permits are subject to the following conditions:

(1)

A daytime permit is required for outside sound amplifying equipment used between the hours of 7:00 a.m. and 10:00 p.m. An extended hours permit shall be required for outside sound amplifying equipment used outside of the hours specified in this subsection and may be issued only if: (A) outside amplified sound equipment is being used as part of a large block event and is explicitly allowed by the terms of the large block event permit issued pursuant to Chapter 455 of this Code; or (B) outside amplified sound equipment is being used on publicly owned and controlled property in the central business district; or (C) approved by the commissioner of health, or their designee.

(2)

Amplification that does not meet the limits of section 389.60 shall be limited to twelve (12) hours in any one (1) day, twenty-four (24) hours in any seven (7) day period and thirty-six (36) hours in any twenty-eight (28) day period for the same property. The commissioner of health, or their designee, may permit amplified sound in excess of these limitations if, and only if, the outside amplified sound equipment is being used on publicly owned and controlled property in the central business district.

(3)

Sound measured at fifty (50) feet from the source shall not exceed ninety (90) dB(A) for standard and large block event permits.

(4)

Sound measured at fifty (50) feet from the source shall not exceed eighty (80) dB(A) for small event permits.

(5)

Sound measured off the property where the equipment is allowed under the permit shall never be more than fifteen (15) dB(A) above the ambient noise level for standard and large block event permits.

(6)

Sound measured off the property where the equipment is allowed under the permit shall never be more than ten (10) dB(A) above the ambient noise for small event permits.

(7)

Amplified sound without an amplified sound permit plainly audible to police, business licensing, or health department personnel or their designees at one hundred (100) feet from the property line shall be considered a violation. "Plainly audible" is defined as sound that can be detected by a person using their unaided hearing faculties.

(8)

Amplified sound plainly audible to police, business licensing, or health department personnel or their designees at three hundred (300) feet from the property line shall be considered a violation of the small event permit.

(9)

Amplified sound plainly audible to police, business licensing, or health department personnel or their designees at one thousand five hundred (1,500) feet from the property line shall be considered a violation of the standard event permit.

(10)

Amplification equipment of ten (10) watt power or less such as a bullhorn shall be categorically exempt from requiring an outdoor amplifying sound equipment permit between the hours of 7:00 a.m. to 10:00 p.m.

(11)

Written neighbor notification must be sent to adjacent properties for reduced fee permits, and properties within a three hundred-foot radius for standard and event permits. In addition, special event amplified sound permit holders must notify the neighborhood association in the area the event is held. A copy of the written notice must be included with the permit application.

(12)

Standard and small event amplified sound permits shall not be issued for activities past 9:00 p.m. on Sundays within five hundred (500) feet of a residentially zoned property or religious institution place of assembly.

(13)

Compliance with section 389.65(a) and (b).

(d)

Permits shall be obtained thirty-six (36) hours in advance of the proposed extended hours of operation unless approved by the commissioner of health or their designee. Failure to do so may result in a penalty fee of fifty (50) percent of the original permit fee as designated in the director's fee schedule. (92-Or-122, § 1, 10-9-92; 97-Or-063, § 12, 7-11-97; 2006-Or-033, § 5, 4-28-06; 2008-Or-094, § 12, 12-12-08; Ord. No. 2017-042 , § 1, 8-18-17)