The Anti-Noise Pollution League Voters' Guide
Greetings.
Allow me to briefly describe my issue which animates the Anti-Noise Pollution League's activity. About a year and a half ago, one of my neighbors, Drop Bear Brewery installed some loud machinery outside my apartment. (I hate to self dox but I don't want others to support them and ultimately the coherence of this argument relies on genuine detail. If you want to know how it is, come behind Drop Bear Brewery after 11PM, and wait behind their machine until it comes on. And in terms of the experience, you want to compare background neighborhood noise/noise at home with it, not your diminished noise sensitivity after you've been driving. So maybe come 15 minutes early and go for a walk first.)
The machine cycles on and off, day and night, and the noise goes far beyond their property line, into the public property, onto ours, and right through the double paned windows and walls of the building. It's loudest in my bedroom, but can be heard in every room of the house. It keeps me up at night, stresses me in the day, interrupts me constantly, and has messed with my mental and physical health.
What I've been through is a long story which I won't recite here, but suffice it to say all the logical avenues of redress haven't gone anywhere. Code enforcement is the usual way to address this type of problem, and that's how over the course of months I learned that Eugene basically has no protection for people like me other than a misapplied code with a limit of 60db at our property line, regardless of frequency or "narrow band" sound, as Portland puts it.
I've tried to engage the City Council multiple times on this issue, first by telling them my story, and then later by pivoting to the issue and trying not to clutter their docket with extraneous details about my struggle. I e-mailed them all. I e-mailed the mayor. I called my ward's number, and got a call back which said approximately "we got your message, code enforcement handles this, Eliza isn't required to respond to you." I mailed them all paper copies of my question. Finally I went to the City Council twice, and although I did enter the 2 minute 30 second statement olympics, they just sit there in silence and give you their best impression that they're waiting for your time slot to be over so they can get back to something that they care about. I left 9 copies of my question about adding a residential noise ordinance to Eugene Code in the basket there, one for each member, a small packet which also had a printout of relevant code pages. I never received replies to anything besides that phone call, which was not a reply. I then sent the same message to the old city manager, who, spurred by my claim of misapplication of code, referred it to code enforcement and replied back to them, and they then replied to me "everything is as it should be."
I've also tried to reach Eliza through my neighborhood council, and despite a lot of words and suggestion that I could perhaps get a moment of her precious time for her opinion on my proposal and why she wouldn't support it or initiate debate on the subject, and what could possibly be done to change that, she effectively refuses to reply to me, even through an intermediary like an office secretary.
Now it is time for a City Council election. Sadly, Ward 1 isn't being elected next week. But every City Council vote is a collective decision, so it kinda doesn't matter whose ward is whose. As I mentioned, they ALL ignored me, so the Anti-Noise Pollution League opposes all seated City Councilmen. I wish I could say they replied back to me their well reasoned, or corrupt excuses for why they won't even tell me their position on what I am proposing, but yeah, stonewalling.
I know this forum takes it personally when they don't get the intimate details; the following is the letter I sent to every candidate in the election, including those who are currently on the Eugene City Council:
>Dear [CANDIDATE],
>
>my name is Hunter, and I am asking every candidate for City Council
>for their position on a residential noise ordinance for Eugene. A local
>business, Drop Bear Brewery has moved in behind our housing and
>installed loud equipment, running day and night, which sneaks in
>under code enforcement's workaround for a residential noise
>ordinance - a section for "residential pumps, fans and air
>conditioners" set to 60db. There is no actual general noise ordinance
>for residential areas.
>
>That perhaps reasonably raises the question about commercial or
>industrial noise ordinances, since the offending property in question
>is commercial/industrial. Code enforcement's opinion is that the
>commercial and industrial noise ordinance is non functional, has
>never been used to cite an offender, and was designed by industry
>to avoid accountability.
>
>As a remedy, I have proposed to the City Council the following: that
>Eugene Code needs to be updated to encompass a scenario like this
>one - an industrial installation across an alley from where people are
>sleeping. Eugene should absolutely regulate habitability of dwellings,
>with respect to noise from adjacent property.
>
>In this specific case, from what I can tell with my phone (which code
>enforcement reminded me is not an accurate measurement device),
>there's about a 10db difference between midday noise with traffic
>and business activity, and when the machine is on. That means it is
>reaching midday noise, plus 10 times as much noise (=10db), at all
>hours of the night. At night, it's closer to 15db difference from
>background noise at night, to when the machine is running, which is
>30 times as loud as the background.
>
>The municipal code has a lack of guidance for this scenario - going
>off of what code enforcement told me. If we look at Portland, OR, a
>large city with lots of experience with these issues, their code
>18.10.010 lays out a table showing simple, understandable decibel
>limits for different zoning. In the case of residential areas, they set
>the limit to 55db, if there are no adjustments besides. The
>adjustments are listed below that, stating that
>
>1. During night hours, the sound levels of Figure 1 must be
>reduced five dBA.
>2. During all hours, the sound levels of Figure 1 must be decreased
>five dBA for narrow band or steady sound (apply 1 only).
>3. The adjustments provided herein are cumulative.
>
>That is a resident friendly ordinance. If city inspectors are telling me
>there's nothing they can do about the 58db outside my bedroom
>after midnight, the municipal code isn't working for us, and we
>should work to update it in line with best practices, such as we see
>in Portland, OR. The best part of this is that since they already
>implemented it, they have already done the due diligence,
>everything works, and it works for business and for the people that
>live there. We should aspire to reach such standards of livability. I
>suggested that City Council contact code enforcement and/or
>Portland code enforcement to help propose municipal code like
>18.10.010, and to propose a vote. It can be done.
>
>As an alternative measure, not to be preferred, if there is a problem
>that prevents a real residential noise ordinance from being adopted,
>lowering the "residential pumps, fans and air conditioners" code (EC
>6.750 (f)) to 50db would do most of the work using the workaround
>that code enforcement already uses.
>
>I am attaching two documents for reference. One is an annotated
>copy of EC 6.750 (f) detailing what code enforcement uses for ALL
>residential noise complaints. The second is a copy of PC 18.10.010
>for an example of a strong residential noise ordinance.
>
>The question is simply, what is your position on starting debate on
>adopting a residential noise ordinance for Eugene Code? Would you
>be interested in making such a proposal with the help of code
>enforcement? Will you commit to putting such a debate on the City
>Council's agenda?
>
>Sincerely,
>Hunter [LASTNAME]
>[ADDRESS]
>
>Attachments:
>Eugene Code 6.750 (f), annotated
>Portland Code 18.10.010
It probably won't come as a shock to you that I haven't had many replies. Candidates in my view are always more responsive than incumbent city councilmen, but, well, just getting their views on anything is a real struggle. The following is the list of candidates and their responses, which inform the Anti-Noise Pollution League's Voters' Guide. These messages were sent May 7th. After further consideration which is disclosed below, I re-sent these messages through the campaign websites (without the attachments, of course) on May 11th, with two exceptions detailed below.
##John Barofsky
WARD 3
John was the first candidate to reply. His reply is that he would look at the issue. It's a fair reply, although I would much have preferred conditional support to noncommittal acknowledgement.
##Jennifer Smith ✔
WARD 3
Jennifer S. was the second candidate to reply, and unfortunately for John, she offered warm support and sympathy, complimented my approach to the subject, and compared the issue to recent problems with "data centers;" stated she was "very open" to moving forward on the topic. The Anti-Noise Pollution League is pleased to endorse Jennifer Smith for Ward 3.
##Tom Stedman ✔ WARD 4
Tom doesn't have a campaign website, or contact information. Jennifer Yeh, his opponent for Ward 4, even threw shade on his campaign saying that it was "probably a stretch" to call the race contested. Anyway. I creeped up his number, spoke to him about e-mailing the same materials to him to give him an opportunity to reply, and he gave me an address, from which I have received no reply. However, Tom's opponent is the sitting councilman for Ward 4, who has already ignored multiple efforts to get feedback on this issue, so the Anti-Noise Pollution League endorses the Stedman campaign as a protest vote, in the absence of any communication.
##Jennifer Yeh (Incumbent)
WARD 4
No reply. As I said earlier, I e-mailed all candidates, but in the case that candidates reply through web forms and not e-mail, as in the case of Jennifer Smith, who I couldn't locate an e-mail for, I repeated the message this Monday and we'll see if Jennifer Y. or any other candidates choose to reply. Because Jennifer Yeh is the sitting councilman for Ward 4, who has already ignored me up until now, in the absence of any communication, the Anti-Noise Pollution League opposes this campaign.
##Athena Aguiar
WARD 5
No reply. As I said earlier, I e-mailed all candidates, but in the case that candidates reply through web forms and not e-mail, as in the case of Jennifer Smith, who I couldn't locate an e-mail for, I repeated the message this Monday and we'll see if Athena or any other candidates choose to reply. But because Athena is running against a sitting city councilman in Ward 5 who has chosen to ignore his constituents, the Anti-Noise Pollution League recommends a vote either here or for another non incumbent candidate, Jasmine Hatmaker.
##Mike Clark (Incumbent)
WARD 5
No reply. As I said earlier, I e-mailed all candidates, but in the case that candidates reply through web forms and not e-mail, as in the case of Jennifer Smith, who I couldn't locate an e-mail for, I repeated the message this Monday and we'll see if Mike or any other candidates choose to reply. Mike's website only offers a form for "getting involved" by donating, volunteering, getting yard signs, or offering endorsements, but I shoehorned my message in there if he feels like actually doing something for his paycheck.
##Jasmine Hatmaker
WARD 5
No reply. As I said earlier, I e-mailed all candidates, but in the case that candidates reply through web forms and not e-mail, as in the case of Jennifer Smith, who I couldn't locate an e-mail for, I repeated the message this Monday and we'll see if Jasmine or any other candidates choose to reply. But because Jasmine is running against a sitting city councilman in Ward 5 who has chosen to ignore his constituents, the Anti-Noise Pollution League recommends a vote either here or for another non incumbent candidate, Athena Aguiar.
##Greg Evans (Incumbent)
WARD 6
No reply. Greg's website offers NO opportunity to send a message to him or his campaign. It's just "Door canvassing, Phone banking, Hosting house party / small gathering, Displaying a yard sign, Adding my name as a supporter," or donating. No messages necessary. What the hell would you donate to him for? You happen to like what he already thinks so much that you want to pay him back for the yard signs he bought to promote himself? This is an attitude of unaccountability. He is also the sitting councilman who has already ignored me up to this point.
##Tai Pruce-Zimmerman ✔
WARD 6
No reply. As I said earlier, I e-mailed all candidates, but in the case that candidates reply through web forms and not e-mail, as in the case of Jennifer Smith, who I couldn't locate an e-mail for, I repeated the message this Monday and we'll see if Tai or any other candidates choose to reply. But because Tai is running against a sitting city councilman in Ward 6 who has chosen to ignore his constituents, the Anti-Noise Pollution League recommends a vote here.
Since there at the time of this post remains over a week before election day, I will edit it to update you on any further replies or potential changes in endorsements. I don't anticipate any, but maybe they will surprise us and offer helpful replies, or even incredible explanations for why as sitting city councilmen they have ignored all prior appeals to CONSIDER this topic.