Opinion: Construction sites’ disruption of noise ordinance laws calls into question why we have them in the first place.
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Some time ago, I had a spiritual calling to speak out against Eugene’s construction practices. In a dream, the Beastie Boys, clad in chains and oversized snapbacks, hovered down to me from glowing, parted clouds. A blissful mix of calm and purpose filled my soul. One had a harp. He began to softly strum and another screeched, “Kick it!” The third put his oily hand on my forehead. His palm burned my scalp and when he pulled away I knew my third eye had been opened; my chakras aligned. I’ve never seen the band members’ faces before — they are more of a kitschy radio presence to me — but I knew it was them from the familiar chords of their 1986 hit “Fight For Your Right.” Only then did I understand the vision’s meaning.
Except, of course, this didn’t really happen. How could it? I don’t dream. I don’t sleep.
Why not, you may ask? The answer can be heard nearly every morning on Eugene’s Broadway Street, where three apartment buildings have been under construction for some time. Construction at the upcoming Union on Broadway apartment complex has been in the works for nearly two years. It begins as late as 12 a.m. and goes on until 5 a.m. some days. There have been several weeks where the construction noise would last through the night, every night.
I know this because I lived, sleeplessly, right next to this particular site. I took videos, sent texts to friends and family, and lay awake in my bed as the sound of machinery blasted through the thin walls and windows of The 515 apartment building. I tried different types of ear plugs that varied in sound cancellation and comfortability, but at the end of the day the fact remains that the ever-growing construction presence in Eugene does not just exist; it exists loudly.
All. Night. Long.
I admit, the sounds of construction do not affect all equally. Even my roommates, while situated a bit further down the hall from the incessant sounds of construction, have only been bothered by the near nightly noise a few times this year. And, yeah, I’ve been called a “light sleeper.” But we’re talking about a bigger issue here! We’re talking about the sanctity of laws; the sanctity of sleep!
College age people need seven to nine hours of sleep a night, which is no easy task for UO students given the rampant construction across our town and campus. It should similarly not be commonplace to require construction workers to work through the night without necessity. With the undertaking of many major building projects across Eugene, I am far from alone in construction-noise victimhood.
The nightly construction is not limited to off-campus residences, either. As a freshmen, I lived in Living Learning Center South, right next to the Hayward field construction, which at times similarly began as early as 5 a.m. It was one morning when — after being awoken by the sounds of drills, beeping machines or what have you — I wondered: how is this legal?
Eugene’s city noise ordinance laws state that between the hours of 10 p.m. and 7 a.m. the following day, it is unlawful to knowingly create any noise disturbance. Per Eugene’s Environmental Noise Disturbance code, this law indeed extends to the “constructing (including excavating), demolishing, altering or repairing any building.”
Here is where the line of law blurs. There is a lengthy application process for a variance, whereby noise disturbers may contest and advocate for their right to, well, disturb. The code lists the many steps for attaining and retaining such a variance, including the required notification of all persons living within 300 feet of the activity, the prioritization of property and public health, a fee and more. None of this actually matters, though, because construction sites may just operate anyway, variance-free.
One night, in a state of sleep deprivation and desperation, I forgot my fervent mistrust of lawmakers and called the non-emergency police line as construction raged on at about 2:30 a.m. I gave my location and explained the situation, and was told I’d be called back shortly. Still awake, of course, an officer called back at around 4 a.m. He explained that the construction company had been issued a “special permit” to construct in these hours and I, delirious, agreed. Sure, I yawned. That makes sense. Perhaps my upstairs neighbors also received this so-called special permit to be egregiously loud through the wee hours of the night.
It wasn’t until the Beastie Boys appeared to me that I realized how wrong and wronged I’d been.
I phoned the Permit Information Center and learned that, according to them, the construction site next to my apartment had never applied for a variance, and the permit the policeman had referred to did not exist. If construction companies and police alike can simply say they’ve obtained permits to bypass noise ordinance laws, then why even have these laws at all?
Now, my Beastie Boy-anointed third eye calls for Oregon Ducks to fight for their rights, together. If construction can go on until 5 a.m., then so can we! Never before did I think I would advocate for a frat live-out to be able to play early 2000s music as late as they want, but it’s only fair. Why should the people of Eugene be prosecuted or warned off nightly noise-making by police when construction companies aren’t? This double-standard of noise suppression will not stand!
Given an increased police presence and citations of students, I doubt many are feeling up for the challenge of fighting for our right to party. Still, what’s stopping students from applying for a variance to be as loud as we freaking want? Drown out the construction, I say!
If your right to party isn’t fight-worthy, then maybe your right to sleep is. There seems to be little information shared by police and the city’s online presence on what measures people should take against illegal, nightly construction. The Permit Information Center offered me the phone number of Eugene’s Code Compliance office, who you can call to issue a stop work order next time a construction site keeps you up through the night: 541-682-5819.
I would think the annoyance of listening to a voicemail hardly compares to 4 a.m. bulldozing, so leave a message if they don’t pick up! In fact, the only thing worse than the sound of construction might just be the Beastie Boys. I think next time I’ll just blast them until I receive a noise ordinance warning of my own — they’re hard to get, apparently.
