Ordinance No. 01-13A F
CITY OF TIGARD,OREGON
ORDINANCE NO.oi-O A"
AN ORDINANCE REPEALING SECTIONS 7.40.130 THROUGH 7.40.200 OF THE
TIGARD MUNICIPAL CODE AND ADDING NEW SECTIONS 7.40.130,7.40.140,7.40.150,
7.40.160,7.40.170,7.40.180,7.40.190 AND 7.40.200 TO THE TIGARD MUNICIPAL CODE.
WHEREAS,the Tigard Noise Ordinance,TMC Chapter 7.40,Article IV,has become difficult
to administer for various reasons including changes in state regulation;
WHEREAS,the City's experience in attempting to enforce the Noise Ordinance has demonstrated
that a more flexible system of ensuring that the citizens of the City of Tigard are not subjected to
unnecessarily loud noise is needed;
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. The Tigard Municipal Code Sections 7.40.130,through 7.40.200 are repealed.
SECTION 2. The Tigard Municipal Code Chapter 7.40,Article IV,is amended by adding the
following sections:
SECTION 3. This ordinance shall be effective 30 days after its passage by the Council,
signature by the Mayor,and posting by the City Recorder.
7.40.130 Prohibition on Excessive Noises.
No person shall make,assist in making,permit,continue,or permit the continuance of,any
noise within the City of Tigard in violation of this article. No person shall cause or permit
any noise to emanate from property under that person's control in violation of this article.
7.40.140 Sound Measurement.
A. While sound measurements are not required for the enforcement of this article,should
measurements be made,they shall be made with a sound level meter. The sound
level meter:
1. Shall be an instrument in good operating condition,meeting the requirements
of a Type I or Type II meter;
2. Shall contain at least an A-weighted scale, and both fast and slow meter
response capability.
ORDINANCE No.01 A"
Page l
B. If measurements are made, the person making those measurements shall have
completed training in the use of the sound level meter,and shall use measurement
procedures consistent with that training.
7.40.150 Definitions.
As used in this Article:
A. "Noise-sensitive unit"shall include any building or portion of a building containing
a residence,place of overnight accommodation, church,day care center,hospital,
school,or nursing care center. For the purpose of this definition, "residence" and
"overnight accommodation"does not include living/sleeping quarters of a caretaker
or watchperson on industrial or commercial property provided by the owner or
operator of the industrial or commercial facility.
B. "Plainly audible"means any sound for which the information content of that sound
is unambiguously communicated to the listener, such as, but not limited to,
understandable spoken speech,comprehensible musical rhythms or vocal sounds.
C. "Unnecessarily loud" means any sound that interferes with normal spoken
communication or that disturbs sleep.
D. "City Manager"means the City Manager or designee.
7.40.160 Noise Limits
It is unlawful for any person to produce,or permit to be produced,sound which:
A. When measured at the boundary of or within a property on which a noise sensitive
unit,not the source of the sound,is located,exceeds:
1. Forty dB at any time between nine p.m.and seven a.m.the following day;or
2. Fifty dB at any time between seven a.m. and nine p.m.the same day;or
B. Is plainly audible at any time between nine p.m. and seven a.m.the following day
within a noise-sensitive unit which is not the source of sound;or
C. Is unnecessarily loud within a noise-sensitive unit which is not the source of the
sound.
D. When measured at or within the boundary,of or within a property on which no noise
sensitive unit is located, and the noise originates from outside the property, if the
noise level exceeds:
ORDINANCE No.01-lam' —A-
Page 2
1. Sixty dB at any time between nine p.m,and seven a.m.of the following day,
or
2. Seventy-five dB at any other time.
E. If within a park,street or other public place,is unnecessarily loud at a distance of 100
feet.
7.40.170 Prohibited Noises
A. The use of exhaust brakes(fake brakes),except in an emergency,is prohibited at all
times within the City,regardless of noise level.
B. Except as provided in Section 7.40.180, the following acts are violations of this
chapter if they exceed the noise limits specified in Section 7.40.160:
1. The sounding of any horn or signal device or any other device on any
automobile,motorcycle,truck,bus or other vehicle while in motion,except
as a danger signal.
2. The operation of sound-producing devices such as,but not limited to,musical
instruments, loudspeakers, amplifying devices, public address systems,
radios,tape recorders and/or tape players,compact disc players,phonographs,
television sets and stereo systems,including those installed in or on vehicles.
3. The operation of any gong or siren upon any vehicle,other than police,fire
or other emergency vehicle,except during sanctioned parades.
4. The use of any automobile,motorcycle or other vehicle so out of repair or in
such a manner as to create loud or unnecessary sounds, grating, grinding,
rattling or other noise.
5. The keeping of any animal or bird that creates noise in excess of the levels
specified in Section 7.40.160.
6. The operation of air conditioning or heating units,heat pumps,refrigeration
units,(including those mounted on vehicles)and swimming pool or hot tub
pumps.
7. The erection(including excavation),demolition,alteration or repair of any
building,except as allowed under Sections 7.40.180E and F.
8. The use or creation of amplified sound in any outdoor facility.
ORDINANCE No.01-Z.3 -.
Page 3
9. Any other action that creates or allows sound in excess of the leva'l allowed
by Section 7.40.160.
7.40.180 Exceptions
The following shall not be considered violations of this article, even if the sound limit
specified in Section 7.40.160 is exceeded:
A. Non-amplified sounds created by organized athletic or other group activities,when n'kl
such activities are conducted on property generally used for such purposes,such as
stadiums,parks,schools,and athletic fields,during normal hours for such events.
B. Sounds caused by emergency work, or by the ordinary and accepted use of
emergency equipment,vehicles and apparatus,regardless of whether such work is
performed by a public or private agency,or upon public or private property.
C. Sounds caused by bona fide use of emergency warning devices and alarm systems.
D. Sounds regulated by federal law, including,but not limited to, sounds caused by
railroads or aircraft.
E. Sounds caused by demolition activities when performed under a permit issued by
appropriate governmental authorities and only between the hours of seven a.m.and
nine p.m. Monday through Friday and eight a.m. and nine p.m. on Saturday and
Sunday.
F. Sounds caused by industrial,agricultural or construction activities during the hours
of seven a.m. to nine p.m.Monday through Friday,and eight a.m.to nine p.m.on
Saturday and Sunday.
G. Sounds caused by regular vehicular traffic upon premises open to the public in
compliance with state law. Regular vehicle traffic does not include a single vehicle
that creates noise in excess of the standard set forth in Section 7.40.160.
H. Sounds caused by air-,electrical-or gas-driven domestic tools,including,but not
limited to,lawn mowers,lawn edgers,radial arm,circular and table saws,drills,and
or other similar lawn or construction tools,but not including tools used for vehicle
repair,during the hours of seven a.m.to nine p.m.,Monday through Friday and eight
a.m.to nine p.m.on Saturday and Sunday.
1. Sounds caused by chainsaws,when used for pruning,trimming or cutting of live trees
between the hours of seven a.m.and nine p.m.Monday through Friday and eight am.
and nine p.m. on Saturday and Sunday, and not exceeding two hours in any
twenty-four-hour period.
ORDINANCE No.01- -A-
Page 4
J, Sounds created by community events, such as parades,public fireworks displays,
street fairs,and festivals that the City Manager or designee has determined in writing
to be community events for purposes of this section. The City Manager's decision
shall be based on the anticipated number of participants or spectators,the location of
the event and other factors the City Manager determines to be appropriate under the
circumstances.
K. Sounds made by legal fireworks on the third of July,Fourth of July,and the Friday
and Saturday during the weekend closest to the Fourth of July of each year,between
the hours of seven a.m. and eleven p.m.
L. Sounds made between midnight and 12:30 a.m. on January 1 of each year.
M. Sound originating from construction projects for public facilities within rights of way
pursuant to a noise mitigation plan approved by the City Manager. The noise
mitigation plan must:
1. Map the project noise impacts and explain how the impacts will be mitigated;
2. Provide special consideration and mitigation efforts for noise sensitive units;
3. Outline public notification plans;
4. Provide a 24-hour telephone contact number for information and complaints
about the project.
The City Manager may approve a noise mitigation plan only if the City Manager
determines that the noise mitigation plan will prevent unreasonable noise impacts.
7.40.190 Maximum Limit for Certain Activities
Notwithstanding Section 7.40.180, the creation of noise by any activity subject to the
exceptions listed in Sections 7.40.180E,F,H.or I,in excess of 85 dB measured on property
on which a noise sensitive use is located,for more than 5 minutes in any calendar day shall
be a violation.
7.40.200 Evidence
In any civil infraction action based on a violation of the limits set forth in Sections
7.40.160 B;7.40.160. C or 7.40.160 E,the evidence of at least two persons arom different
households, shall be required to establish a violation. Any police or code enforcement
officer or other City employee who witnessed the violation shall be counted as a witness for
purposes of the two witness requirement. The City may ask an alleged violator to enter in
to a voluntary compliance agreement based on a single complaint or single witness.
ORDINANCE No.01-L' - A-
Page 5
PASSER: ByhIrY1UUS vote of all Council members present after being read by
number and title only,this a day of J2001.
Catherine Wheatley,City lkecorder
1-14
APPROVED: By Tigard City Council this 0 day of
!S� ,2001.
res E.G th,
Approv d as to form:
r
/ty Attor
Date
1Acurp1n\dick\counci1 items\Noise Ordinance 9-25-01.doc
6-Sep-01
ORDINANCE No.01-L3—A--
Page 6