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Portland is a Sanctuary City

192081

Emergency Ordinance

*Amend Code to consolidate noise enforcement and improve fairness and consistency in noise regulation (repeal Code Sections 14A.30.010 and 14A.30.020; amend Code Section 14B.120.020)

Passed
Amended by Council

The City of Portland ordains.

Section 1. The Council finds:­­

  1. Portland’s population density has increased, leading to an increase in noise-related conflicts among residents.
  2. Portland City Code provides two separate noise enforcement mechanisms:
    1. Title 18 Noise Control, a civil system that applies objective, measurable standards through decibel-based enforcement.
    2. Sections 14A.30.010 and 14A.30.020 (Nuisance Noise), a subjective, complaint-driven system based on the “plainly audible” standard, which the City has received complaints of inconsistent enforcement.
  3. The City has received feedback that both the complaint-based and subjective enforcement standards in Sections 14A.30.010 and 14A.30.020 disproportionately affect BIPOC-owned businesses and cultural events, self-employed musicians, and small venue operators.
  4. The Portland Police Bureau historically did not carry the equipment necessary to take a sound pressure reading and instead have relied upon the “plainly audible” standard. The City has received feedback that this process has resulted in enforcement action at events operating in full compliance with Title 18 criteria.
  5. Technology has advanced, and city-issued mobile devices now include sound pressure level measurement capabilities, eliminating the need for a subjective enforcement standard.
  6. Title 18 is the appropriate legal framework for noise enforcement in Portland, as it provides:
    1. Objective and measurable criteria for noise violations.
    2. A structured variance and compliance process for businesses and individuals.
    3. A dedicated Noise Office and Noise Review Board to guide implementation.
    4. Capacity to revert to the “plainly audible” standard when technical measurements cannot be taken.
  7. Under City Code Section 14C.30.020, Portland Police are empowered to take all lawful action to enforce Title 18, violation of which carries meaningful civil penalties via the City administrative hearings process.
  8. In cases where criminal enforcement is necessary, Portland Police can still act under state laws, including:
    1. ORS 166.025 (Disorderly Conduct in the Second Degree), which prohibits unreasonable noise with reckless risk of public inconvenience or alarm.
    2. ORS 815.225-233, regulating vehicle noise violations.
  9. There is no easily identifiable current code for determining whether a user is subject to Sections 14A.30.010-020 or Title 18. This results in confusion in the community.
  10. Repealing Sections 14A.30.010-020 will have minimal immediate impact on ongoing regulation of environmental noise, and long-term benefit to city livability.
  11. Repealing Sections 14A.30.010-020 will improve public understanding, simplify noise enforcement, and eliminate redundant or inequitable legal standards.

NOW, THEREFORE, the Council directs:

  1. Repeal City Code Sections 14A.30.010 and 14A.30.020 as shown in Exhibit A.
  2. Amend City Code Section 14B.120.020 as shown in Exhibit A.
  3. The City Administrator will report to Council on efforts by the Noise Program to work with the broader music industry in Portland to develop resources and templates to assist with compliance with Title 18 and a self-reporting system to better help with enforcement.

Section 2. The Council declares that an emergency exists in order to have the Ordinance go into effect before the summer season; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.


An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed as amended by Council

Auditor of the City of Portland
Simone Rede

Impact Statement

Purpose of Proposed Legislation and Background Information

The proposed Ordinance repeals Sections 14A.30.010, 14A.30.020, and amends one definition in 14B.120.020 of the Portland City Code, consolidating all noise enforcement under Title 18 to ensure a consistent, fair, and objective approach to noise regulation. The Noise Code in Chapter 14A.30 relies on a subjective “plainly audible” test, leading to complaints of inconsistent enforcement, inequitable application, and confusion among residents, businesses, and law enforcement.

Background Information: 

Under the current system, two separate noise codes exist:

  • Title 18 (Noise Control Code) – A civil enforcement system managed by the Bureau of Permitting & Development that applies objective, decibel-based standards to noise violations.
  • Sections 14A.30.010 & 14A.30.020 (Nuisance Noise Code) – A subjective, complaint-driven system enforced by the Portland Police Bureau (PPB) that the public complains of clear criteria and disproportionate impacts for marginalized communities.

By eliminating the Chapter 14A.30 noise provisions, this ordinance ensures that all noise complaints are handled through the structured and transparent enforcement process in Title 18. This transition promotes fairness, clarity, and accountability in noise regulation while freeing up police resources to focus on higher-priority public safety issues.

Financial and Budgetary Impacts

No Anticipated Budgetary Impacts.

Economic and Real Estate Development Impacts

  • Provides clarity and predictability for small businesses, music venues, and event organizers by ensuring all noise enforcement follows objective, decibel-based criteria.
  • Prevents harmful economic impacts on BIPOC-owned businesses and cultural spaces, which the public complains of disproportionate enforcement under Chapter 14A.30’s subjective noise standards.
  • Encourages economic activity by ensuring that businesses can operate under a clear and transparent noise regulation framework without fear of arbitrary enforcement.

Community Impacts and Community Involvement

  • Enhances fairness and equity by eliminating the opportunity for disproportionate impact of subjective noise enforcement on BIPOC communities, small business owners, and artists.
  • Reduces jurisdictional confusion, ensuring all noise complaints are processed under one clear, enforceable noise code (Title 18).
  • Promotes public trust in noise enforcement by using measurable, decibel-based criteria instead of subjective judgments.
  • Encourages transparency and public participation by directing the Noise Control Office to engage community stakeholders and provide educational materials on Title 18 compliance.
  • Prevents community conflicts caused by unclear noise regulations, reducing tension between neighbors, event organizers, and law enforcement.
  • Maintains public safety by ensuring Portland Police still have the ability to respond to noise disturbances through Title 18 enforcement and state laws when necessary.
  • According to the City Attorney’s office, changes to the code will have minimal impact on noise enforcement prosecutions.

100% Renewable Goal

Not applicable.

Financial and Budget Analysis

Analysis provided by City Budget Office

This code amendment which repeals City Code Sections 14A.30.010 and 14A.30.020, and amends 14B.120.020, likely has negligible direct fiscal impacts. According to PPB Open Data, within the last 9 years, only 6 total arrests have been made under City Code 14A.30.10 - 20, 4 for unlawful noise disturbance and 2 for unlawful operation of sound equipment. Repealing this City Code is unlikely to materially impact costs associated with Police operations. Since Portland Permitting & Development already manages Title 18 enforcement, no new responsibilities or significant costs are expected. 

Economic and Real Estate Development Analysis

Analysis provided by Prosper Portland

Prosper Portland has reviewed the Economic Impact Statement for Item #148, relating to noise regulation and enforcement pursuant to City Council Resolution 37664. The Economic Impact Statement addresses the benefit to small businesses, music venues, and event organizers by ensuring all noise enforcement follows objective, decibel-based criteria, and in preventing harmful economic impacts of disproportionate enforcement from subjective noise standards.

The Economic Impact Statement as drafted does not include two considerations, which may have been completed but are not covered in the current text: i) how this item compares to similar policy measures in peer cities and ii) engagement with businesses and the other community members potentially impacted by the proposed legislation. Addressing these two items could strengthen the Economic Impact Statement for this item.

Document History

Document number: 2025-148

President's referral: Community and Public Safety Committee

Agenda Council action
Regular Agenda
Community and Public Safety Committee
Referred to City Council
Motion to refer Ordinance, Document Number 2025-148 to the full Council with recommendation the ordinance be passed: Moved by Zimmerman and seconded by Smith. (Aye (5): Morillo, Novick, Zimmerman Smith, Kanal)
Regular Agenda
City Council
Passed As Amended
Motion to add an emergency clause in order to have the ordinance to go into effect before the summer season: Moved by Ryan and seconded by Morillo. (Aye (12): Kanal, Ryan, Koyama Lane, Morillo, Novick, Clark, Green, Zimmerman, Avalos, Dunphy, Smith, Pirtle-Guiney)

Votes
  • Aye (12):
    • Kanal
    • Ryan
    • Koyama Lane
    • Morillo
    • Novick
    • Clark
    • Green
    • Zimmerman
    • Avalos
    • Dunphy
    • Smith
    • Pirtle-Guiney

Document number

2025-148

Changes

Contact

Madeline West

Joint Chief of Staff, Councilor Dunphy

Agenda Type

Regular

Date and Time Information

Meeting Date
Time Requested
20 minutes
Changes City Code
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