Ordinance No. 96-06 zzzz
CITY OF TIGARD °4
ORDINANCE NO. f( v(0 r
AN ORDINANCE AMENDING CHAPTER 7.40, NUISANCES, OF THE TIGARD f x ,r [•
MUNICIPAL CODE, BY AMENDING ARTICLE IV, NUISANCES AFFECTING THE L fw
PUBLIC PEACE.
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WI]ERP.AS, the noise standards adopted by the City in 1990 do not regulate noise where the
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F� source of the noise is located in a noise sensitive(residential area): and
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WIEREAS, the current r�rmit process for an event which will create noise in excess of the
adopted noise standards does not allow the City Administrator to set a limit on the amount of
noise created b the event nor does the permit process allow the Cit Administrator to impose
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other conditions on the issuance of a permit; and
WHEREAS, the Tigard City Council finds that it is in the best interest of public peace,safety
and health to amend the City's noise regulations to address the above concerns;now,therefore,
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THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SEC 11l)N 1: Subsection 7.40.130(d)of the Tigard Municipal Code shall be amended to read
# as follows: '
h "Noise-sensitive land use" means any portion of a church, children's day care,
hospital,residential group care, school, single or multifamily dwelling unit,and
mobile home that is intended for living, sleeping or eating. This definition r
includes areas or structures such as_yard areas,patios and garages."
SECTION 2: Section 7.40.:70 of the Tigard Municipal Code shall be amended to read as = x
follows: r =
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"7,40,170 Maximum Noise Levels
For the purposes of Sections 7.40.130 through 7.40.200, the maximum noise
levels,as measured pursuant to Section 7.40.180,are set forth in Table I below. i} �,�t`--�-�,�
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AB.E I - 14,
No*Maximum Noise Levels
Land Use
dB Noise vel dB Noise I level a� rt ,
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of Source Day AM-10PM) Ni ht(IOPM 7AM)
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Noise Sensitive 5040
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Commercial 75 60
� Industrial 60 �®
.. "Noise level"refers to the ambient noise level at the nearest noise
sensitive land use." 1p
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t SECTION 3: Subsection 7.40.180(c)of the Tigard Municipal Code shall be amended to read as a
follows:
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} "(c) The appropriate measurement point shall be that point on the noise sensitive
property,described below,which is further from the noise source: � �'
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(1) 25 feet toward the noise source from that point
on the noise sensitive building ..eaarest the noise � y
so�irce; Cx
a (2) that point on the noise sensitive properiy line
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nearest the noise source."
SECTION 4: Subsection 7.40.190(b)of the Tigard Municipal Code shall be amended to read as
follows: 3r
a' "(b) Noise emanating from all public streets due to sounds created 1 ,f
by the tires or motor of motor vehicles operating in a manner 7
complying with applicable state motor vehicle noise regulations." r
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SECTION 5: Subsection 7.40.200(c)of the Tigard Municipal Code shall be amended to read as u
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follows:
"(c) The City Administrator shall grant a permit in any instance in which
the
event and its accompanying noise will not,in his judgment,interfere unreasonably
with the peace of those likely to be affected by the noise. In making this judgment, i ? �
he shall take into account the nature of the surrrn,ndM.nronertieg and the benefit
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to the communis of the event for which the application is made. The
Y PP permit shall i
a contain a condition stating that the maximum noise levels permissible in Table I, V.
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h, shall not be exceeded by more than ten decibels. The permit may also contain t .
r additional conditions deemed necessary by the City Administrator to protect the
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peace of those likely to be affected by the noise. The permit shall be subj
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x immediate revocation by the City Administrator or the City Administrator's
M designee if any conditions of the permit are violated."
3 PASSED: By vote of all Council members nresrnr after
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Y .c` � , 1996.
Catherine Wheatley,City RecorderO
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APPROVED:Thisday of
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xi � 1996.
�07 '
' m icon,Mayor
App oved as to form
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lily Attorney
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