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Ordinance No. 05-14 CITY OF TIGARD, OREGON ORDINANCE NO. 05 AN ORDINANCE AMENDING SECTION 7.40.180 OF THE TIGARD MUNICIPAL CODE FOR EXCEPTION TO PERMITTED NOISE WHEREAS, construction noise levels have been a growing concern with the citizens of Tigard; and WHEREAS, a comparison of neighboring jurisdictions'noise regulations were reviewed; and WHEREAS,the City currently has varying hours of permitted noise for weekends and weekdays; and WHEREAS, consistent hours throughout the week are preferred over varied hours. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 7.40.180 of the Tigard Municipal Code is amended as shown hi Exhibit A, with deleted language shown as stfiked-if-augh text and added language shown as underlined text. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posth-ig by the City Recorder. PASSED: By M 0 ri vote of all Council members present after being read by number and title only,this�day of A/byym be,_ ,2005. Catherine Wheatley, City Recorder 1-:\ APPROVED: By Tigard City Council this 9 `day of �/?�- P/�,2005. Craig D •ksen,Mayor Approved as to form: V �I ity Attorney Date ORDINANCE No. 05- Page 1 Exhibit A -- Deleted language shown as strikethro ugh text and added language shown as underlined text. TIGARD MUNICIPAL CODE 7.40.180 Exceptions. H. Sounds caused by air-, electrical-' or The following shall not be considered gasdriven domestic tools, including, but not violations of this article, even if the sound limit limited to, lawn mowers, lawn edgers, radial . specified in Section 7.40.160 is exceeded: arm, circular and table saws, drills, and/or other similar lawn or construction tools, but not A. Non-amplified sounds created by including tools used for vehicle repair, during organized athletic or other group activities,when the hours of seven a.m. to nine seven p.m. such activities are conducted on property MeMay Ar-eugh Fr4da andeigh4 a.m. to generally used for such purposes, such as p.m. an Satufday afld Sund seven days a stadiums, parks, schools, and athletic fields, week. during normal hours for such events. I. Sounds caused by chainsaws, when used B. Sounds caused by emergency work, or for pruning, trimming or cutting of live trees by the ordinary and accepted use of emergency between the hours of seven a.m. and erre seven equipment, vehicles and apparatus, regardless of p.m. Nienday thr-eugh Friday and eight a.m. whether such work is performed by a public or , and not private agency, or upon public or private exceeding two hours in any twenty-four hour property. period seven days a week. C. Sounds caused by bona fide use of J. Sounds created by community events, emergeiley warning devices and alarm systems. such as parades, public fireworks displays, street fairs, and festivals that the City Manager or D. Sounds regulated by federal law, designee has determined in writing to be including, but not limited to, sounds caused by community events for the purposes of this railroads or aircraft. section. The City Manager's decision shall be based on the anticipated number of participants E. Sounds caused by demolition activities or spectators, the location of the event and other when performed under a perinit issued by factors the City Manager determines to be appropriate governmental authorities and only appropriate under the circumstances. between the hours of seven a.m. and arae seven. p.n�.M�t�a�r el-11 —a]34 K. Sounds made by legal fireworks on the seven days a third of July,Fourth of July, and the Friday and week. Saturday during the weekend closest to the Fourth of July of each year, between the hours F. Sounds caused by industrial, agricultural of seven a.m.and eleven p.m. or construction activities during the hours of seven a.m. to nine seven p.m. Meaday thFougk L. Sounds made between midnight and Friday and eigk a.m. to , Sa4.d..,a^•, 12:30 a.m. on January 1 of each year. and Smidy seven days a week. M. Sounds originating from construction G. Sounds caused by regular vehicular projects for public facilities within rights of way traffic upon premises open to the public in pursuant to a noise mitigation plan approved by compliance with state Iaw. Regular vehicle the City Manager. The noise mitigation plan traffic does not include a single vehicle that must: creates noise in excess of the standard set forth in Section 7.40.160. (remainder of teat unchanged)