HASSO HERING

A perspective from Oregon’s mid-Willamette Valley

Something to think about: ‘Unnecessary noise’

Written June 12th, 2022 by Hasso Hering

After hours at the construction site of The Banks, an apartment complex on the Willamette River.

One of the signs at this construction site caught my eye as I left Bowman Park on a recent bike ride. It pointed me to a section of the Albany Municipal Code I didn’t know existed.

This is the sign that did it:

It was thoughtful of the CD Redding company to remind workers at this apartment construction site at the north end of Geary Street not to make noise before 7 in the morning or after 6 at night.

But I had not known, or if I did I had forgotten, that Albany actually has a “noise ordinance.” Guided by the helpful citation on the sign, I looked it up.

This section of the city code is titled “Unnecessary Noise.” It says: “It is unlawful for any person to create … or permit the continuance of any loud, disturbing, or unnecessary noise in the city.”

Then the code lists several examples of the kinds of noise it makes unlawful, and these include construction noise between 6 p.m. and 7 a.m. But it says the listing is not meant to be exclusive, so any “unnecessary” noise seems to be outlawed whether or not it is mentioned in the list.

What kinds of noise might that include?

Well, for just one example, how about those cars and trucks that shatter your eardrums as they speed off? The market is full of gizmos such as pipes and exhaust cutouts, advertised “to make your exhaust louder.” People hear the result in ordinary traffic on city streets every day.

The city code specifically mentions “muffler cutouts” as being banned, and one may reasonably assume that an “exhaust cutouts” are the same as the prohibited items.

Catching noisy violators should be easy. Officers on patrol don’t even have to roll down their windows to hear when that particular violation takes place.

Leaf blowers powered by combustion engines are in another category of noise makers. Unlike loud exchausts, though, blowers have a redeeming feature in that they help people do useful work (when a broom is too much trouble).

The code says making unnecessary noise is an “offense,” but no penalty is provided. Another part of the code says an offense is to be regarded as either a violation or a misdemeanor. A violation carries a civil penalty of up to $1,000. A misdemeanor carries a fine of up to $2,500 and/or up to a year in the clink.

I’d be surprised if Albany had ever in living memory fined or otherwise penalized anyone for excessive muffler noise. But it might be worth letting people know that it’s a possibility, even if a remote one, before they spend money to modify their vehicles’ exhaust. (hh)





8 responses to “Something to think about: ‘Unnecessary noise’”

  1. Gordon L. Shadle says:

    This ordinance makes me wonder, what is really at work here?

    Would high volume rap music coming from a house at 8 pm violate the ordinance? What about classical music? Country music? Church hymns? Laughing?

    People who complain to police about “noise” rely on the power of arbitrary words. In your case, you want government to outlaw “noisy” mufflers.

    How a city chooses to enforce a “noise” ordinance often goes much deeper than sound simply being “loud, disturbing, or unnecessary.”

    When it comes to government, be careful what you wish for.

    • KJKeith says:

      Good point. I guess everyone’s idea of unnecessary noise depends on who you are talking to.

      I’m sure what this construction company is trying to do is get ahead of any questions and/or complaints neighbors may have. Smart of them. You can’t do anything these days without someone being bothered by your existence! Let them do their jobs. The shorter time during the day that they can work, the longer the project is going to take.

      I feel like people concentrate so much on the negative about everything! Why not think “it’s nice of them to stop working and making noise after 6p so we can have a nice evening sitting outside in the back yard” instead of “noise noise noise! Why do they have to swing those hammers so many times? Can’t they get shorter nails?” ‍♀️

      • centrist says:

        KJK
        A practiced carpenter never breaks hammer rhythm while reaching for another nail.
        ‘Course, pneumatic nailers/staplers are something else.

  2. Abe Cee says:

    Many people don’t even mow their lawn until after 6pm, a fine for that should fill the city coffers.

  3. Bill Kapaun says:

    And yet Republic Services is now starting garbage pick up at 5 am. with apparent approval of the City Council.

  4. Dala Rouse says:

    They used to also have a sign on Linn Avenue but it disappeared right before they started pouring the the last slab for the apartments on the corner of Linn Ave and Alco Street at 5:30 AM..

  5. Mike says:

    I hear cars with load extremely loud muffler all day every day through out Albany not once have I ever witnessed police pull one over same with there ponding bass noise you can hear two blocks away so seems to me this is a ordnance completely ignored I guess unless your a trying to build some homes in nicer part of town with neighbors who believe they’re entitled

  6. Ed says:

    Paragraphs 4 and/or 5 certainly seem to apply to a certain local concrete construction company (driveways and sidewalks) that start up their jackhammers and have concrete poured between soon after 6am. At least 3 times (same contractor each time) in less than a year on the same street. Disappointed with the lack of consideration of the residents of the neighborhood but good to know that there are other choices to hire when needed.

 

 
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