ORS  Guide
Noise Control
Abatement and removal
DCC > Deschutes County > Noise Control > 8.08.130
In addition to & not in substitution for any other remedies provided by law for enforcement of this chapter, the Board may institute proceedings for injunction, mandamus [court order], abatement or other appropriate proceedings to prevent temporarily, or permanently enjoin, abate or remove any activity or use of real or personal property which it has probable cause to believe does or will violate this chapter
Acts prohibited
DCC > Deschutes County > Noise Control > 8.08.070
Except as permitted in this chapter, no one will make any unreasonable loud or raucous noise which disturbs, injures or endangers the comfort, rest, health, peace or safety of others within the legal boundaries of the County
Exception for certain farming and forestry practices
DCC > Deschutes County > Noise Control > 8.08.050
Generally accepted, reasonable & prudent farming & forest practices as described in ORS 30.931 (transport or movement of equipment, device, vehicle or livestock as farming or forest practice) to 30.937 (immunity from private action based on farming or forest practice allowed as preexisting nonconforming use) DC 9.12 don't constitute nuisances under this chapter, excepting sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans & similar functions associated with marijuana production & processing
Permits; issuance
DCC > Deschutes County > Noise Control > 8.08.080
(A) In cases of an emergency which create an unsafe, dangerous or hazardous condition, the Sheriff may give permission to allow activities defined in 'unreasonably loud or raucous noise' (8.08.040(L)) to take place at any hour. Emergency permission from the Sheriff may not exceed three (3) days, but may be renewed for an additional three (3) day period. If the emergency extends past six (6) days, further permission must be granted by the Board.
(B) At a public meeting noticed in accordance with ORS 192.640 (public notice required), an agency contracting for scheduled construction or maintenance between 10pm & 7am will request a permit from the Board. On finding that the peace, quiet, comfort or rest of other persons will not be disturbed, or can be mitigated to an acceptable degree, or upon finding a public necessity exists, the Board may issue a permit allowing activities defined in 'unreasonably loud or raucous noise' (8.08.040(L)) to take place between such hours & for such periods as they deem proper. In granting such a permit, the Board will consider the following:
(1) the location of the road repair, construction, building or other site
(2) the potential nature of the sound from the activity,
(3) the potential nature of the sound from vehicular traffic to & from the site & the relative loss or inconvenience that would result to the people affected.
(C) permits issued by the Board may also include such restrictions or conditions that are necessary to safeguard the public peace.
(D) granting such permits may be appealed at any time by anyone who resides or works within hearing distance of the generated noise resulting from the permit grant. Appeals of permits may result in the temporary or permanent permit revocation, pending a review of the appeal at the next regularly scheduled public meeting of the Board
(E) this ordinance doesn't apply to emergency work performed on public improvements & public utilities. Such activities may be conducted without restriction on the hours of operation.
Variances
DCC > Deschutes County > Noise Control > 8.08.090
The Board may grant personal non-assignable variances of expressly limited duration & covering a defined geographical area from the operation of this chpater after public hearing & satisfaction of the variance burden of proof under the current County zoning ordinance. In addition to the standards provided therein, the Board shall apply the relevant provisions of ORS 467.060 (variances)
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