Ordinance No. 99-29 CITY OF TIGARD,OREGON
ORDINANCE NO. 99.-;�q
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTIONS 7.40.190 AND 7.40.200 TO
ADD A PROVISION FOR AN EXEMPTION TO ALLOW WORK AT ANY TIME ON PUBLIC
FACILITIES IN THE PUBLIC RIGHT OF WAY, UNDER CERTAIN CIRCUMSTANCES, THAT
WILL EXCEED MAXIMUM NOISE LEVELS AND TO UPDATE WORDING TO REFLECT THE
CHANGE IN TITLE OF THE"CITY ADMINISTRATOR"TO"CITY MANAGER"AND TO MODIFY
WORDING IN SECTION 7.40.200 TO REFLECT GENDER NEUTRALITY
WHEREAS,the Tigard Municipal Code provides that the City Manager has the authority to grant permits
under certain circumstances for applicants to exceed allowable noise levels within the City of Tigard;and
WHEREAS,the City Council finds that work on public rights of way during the heavy traffic hours.of the
day would cause traffic disruptions and delays;and
WHEREAS,it has been determined by the Tigard City Council that work on public right of way during
nighttime hours can benefit the community by preventing such traffic disruptions and delays and
reducing disruption of business trade;and
WHEREAS,the Tigard Municipal Code should be modified to include measures to allow mitigation and
timely project completion for work done during nighttime hours; and
WHEREAS,noise emitted from nighttime work should be mitigated as practical and
WHEREAS, Sections 7.40.190 and 7.40.200 contain references to "City Administrator," which should
be changed to read"City Manager"; and
WHEREAS,language in Section 7.40.200 should be modified for gender neutrality.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Sections 7.40.190 and 7.40.200 are hereby amended as shown in the attached
"Exhibit A."
SECTION 2: This ordinance shall be effective 3f�days after its passage by the Council, signature by
the.R ay or,and posting by the Oily Rccordcr.
ORDINANCE No.99-a
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PASSED: By UNIA)+r" Svote of all Council members present after being read by number and
title only,thist4 - day of A OVern _ ,1999.
KU GO
Catherine Wheatley,City Recorder
APPROVED: By Tigard City Council this"- — day of 1
J s Nicali,Mayor o
Approved as to form:
Citytto ey
Bate �—
I:WDMiCATH`A000NCILVdOISE ORD AMENDMENT NOVEMBER 99.DOC
ORDINANCE No.99-_2
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® Exhibit A
Wording to be rem^ved is indicated by strilEetkrteag#i;new language is inlarger
font, italicized and underlined.
7.40.190 Noise--Exemptions to restrictions.
The restrictions imposed by Sections 7.40.130 through 7.40.180 shalt not apply
to the following:
(a) Emergency equipmert not operating on a regular or scheduled basis;
(b) Noise emanating from all public streets due to sounds created by the
tires or motor of motor vehicles operating in a manner complying with applicable state
motor vehicle noise regulations;
(c) Sounds originating on construction sites and reasonably necessary to the
accomplishment of work in progress;provided, however, that no construction work
may be carried out between the hours of nine p.m. and seven a.m. Monday through
Friday, nine p.m. and eight a.m. on Saturday, and nine p.m. and nine a.m. on Sunday
except for bona fide emergencies where the public health or safety is threatened or for
which a special permit, granted by the eity-add, CITY MANAGER or
designee, has first obtained in accordance with the procedures contained in Section
7.40.200; and
U) Sounds originating from construction projects for the
purpose of building new or improving existing public facilities in
publicright ofwav including but not limited to. roads. bridges.
water lines, and sewers, may be permitted at any time if an
exemption is granted by the City Manager or designee. An exemption
majbe granted only after a noise mitigation plan is submitted to and
_approved hy the City Manager or designee which:
1 Mads the proiect noise impacts and explains how
the impacts will be mitigated.
2 Provides
-special consideration and mitigation
forts for noise sensitive land uses.
3. Outlines public noti,f cation plans.
4 Provides the City and the public access to 24-hour
telephone contact numbers for information and complaints related to
the project.
Exhibit A
Ordinance No. 99-
(� Lawn, garden or household equipment associated with the normal
repair, upkeep or maintenance of property. (Ord. 96-06; Ord. 90-03 §l(part), 1990).
7.40.200 Permits required for exceeding allowable noise levels.
(a) The use of amplified voice and music or creation of noise at levels
which would otherwise exceed those permissible under Section 7.40.130 through
7.40.190 may be allowed upon application to the eity-ed istr-atef City Manager
or designee. Application for an amplified sound permit shall be made to the eity
ate, Cily Manager or designee on forms prepared by the city. The
applicant shall identify the date, location and time of the event for which the permit is
sought, and shall provide an estimate of the duration of the event.
(b) In the case of a series of similar events to be conducted at the same
location, the eityad.m.-nistIFERef City Manager or designee may, at his or her
discretion, issue the permit in a form extending to cover the entire series.
(c) The eity adfniftistmtef ON Manager or designee 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, lie the City Manager or designee shall take
into account the nature of die surrounding properties and the benefit to the community
of the event for which the application is made. The permit shall contain a condition
stating that the maximum noise levels permissible in Table I, shall not be exceeded by
more than ten decibels. The permit may also contain additional conditions deemed
necessary by the eity ed }isk City Manager or designee to protect the
peace of those likely to be affected by the noise. The permit shall be subject to
immediate revocation by the city administrator or the city administrator's designee if
any conditions of the permit are violated.
(d) The eiPf administra City Manager or designee may submit
any question arising with respect to this section to the city council, and if any member
of the city council requests its submission to the council, any such question shall be
heard by the council. In either event, the decision of the city council shall be final
(Ord. 96-06; Ord. 90-03 §1(part), 1990).
I:VADWCATHYICOUNCIUEXH A NOISE ORD AMEND NOV 99.DOC
Exhibit A
Ordinance No. 99-
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