Ordinance No. 75-49 �r
CITY OF TIGARD, OREGON
1 ORDINANCE NO. �1�ti L4
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE, CHAPTER 7.40,
ADDING SPECIFIC PROHIBITIONS RELATING TO THE PROTECTION OF k
NOISE-SENSITIVE PROPERTIES, PROVIDING PENALTIES, AND PRESCRIBING '
AN EFFECTIVE DATE.
Ts,p r_.i ty of Tigard ordains as follows: (,
Section 1. The City Council finds that the Ordinances of the City of
Tigard do not provide sufficient protection for the residents
of the city from avoidable noises.
Section 2. The City Council further finds that the pur^^se of the amendments
r
to the Tigard Municipal Code hereafter set forth is to protect
the public health, safety and general welfare, especially as relates to the
annoyance and disruption caused by excessive noise, and the said amendments
further serve to implement the City's objectives and policies concerning the
maintenance of a pleasant, healthy, desirable residential community.
Section 3. Chapter 7.40, Nuisances, is hereby amended by addition
of Section 7.40.070, as follows: '
f
7.40.070 Noise
(a) No person shall operate a motor vehicle in such a manner or at such a
location as to cause the noise created by the vehicle to cause the ambient
noiselevel at the nearest noise-sensitive property to exceed the levels
specified in subsection (c) below, as measured from the noise-sensitive
property toward the noise source.
(b) No person shall cause or permit noise to emanate from property under
his or her control so as to cause the ambient noise level at the nearest
noise-sensitive property to exceed the levels set forth in subsection `
(c) below, as measured from the noise-sensitive property toward the noise ,
source.
(c) Allowable noise limits are as follows:
MAXI
NOISE LEVEL, DBA
TT:11E MAX
7 a.m. - '10 P.M. 50
10 p.m. - 7 a.m. 55
(d) The restrictions imposed by subsections (a), (b) and (c) above shall
not apply to the following;
f, (1) Emergency equipment not operating on a regular
or scheduled basis.
(2) Noise emanating from the Pacific Highway, Highway
I-217 and Highway I-5.
(3) Sounds originating on construction sites and reasonably
necessary to the accomplishment of work in progress.
(4) Emergency repair equipment not operated on a regular or
scheduled basis.
(5) Lawn, garden or household equipment associated with the
normal repair, upkeep or maintenance of property.
(e) No person shall operate within the city iimits of the City ;;f Tigard
a motor vehicle exhaust-braking system, commonly known as a "jake brake."
For the purposes of this subsection (e) the exceptions set forth in sub-
section (d) above shall not apply, and this section shall be read as an
absolute prohibition of the operation of such motor vehicle braking systems
within the City of Tigard.
(f) For the purposes of this section the term "ambient noise" means the
all-encompassing noise associated with a given environment, being usually
a composite of sounds from many sources, near and far. The term "noise-
sensitive property" means real property on which people normally sleep,
and also includes schools, churches and public libraries.
(g) Violation of this section is a class C misdemeanor.
Section 4. This Ordinance shall be effective on the 31st day after its
passage by the Council and signature of the Mayor.
PASSED: Hyrnon..arnc.s vote of all council members present, after being
read three times by a number in title only this Lp day of
1975.
�;.
Recorder, City of 1igra
APPROVED.: By the Mayor :this day of 1975.
Mayor, Citv of Tigard
ORDINANCE No. 75-
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