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Ordinance No. 81-35 ■ CITY OF TIGARD, OREGON ORDINANCE NO. 81- ,9- AN ORDINANCE REQUIRING PERMITS FOR CERTAIN EVENTS USING AMPLIFIED SOUND AND AMENDING SECTION 7.40.070 OF THE TIGARD MUNICIPAL CODE. g: k In the course of making recent amendments to the Tigard Municipal Code having to do with use of portable amplifying equipment the City Council has noticed that the Code lacks provisions for con- trolling the use of amplified sound at certain types of public events at which the Council believes the use of amplified sound should be - permitted but controlled. NOW, THEREFORE, the City of Tigard does ordain as follows. Section 1. Chapter 7.40.070 NUISANCES of the Tigard Municipal Code is hereby amended by the addition of Section 7.40.080 as follows: 7.40.080. Permits Required for Certain Events Using Amplified Sound. (a) The use of amplified voice and music at levels which would otherwise exceed those permissible under Section 7.40.070 may be allowed upon application to the City Administrator. Application for an amplified sound permit shall be made to the City Administrator 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. (1-° In the case of a series of similar events (for example, a season's high school football games) to be conducted at the same location the City Administrator may, in his discretion, issue the permit in a form extending to cover the entire series. In that event the permit shall be subject to the Administrator's withdrawal at any time. (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 he shall take into account the nature of the surrounding properties and the benefit to the community of the event for which the application is made. Page l -- Ordinance No. 81- (d) The City Administrator may submit any question arising with respect to this ordinance to the City Council, and if any member of the City Council requests its submis- sion to the Council any such question shall be heard by the Council. In either event the decision of the City Council shall be final. (e) No permit authorized by this section shall give the applicant the right to cause or permit sound to emanate from the property on which the event is held so as to cause the ambient noise level at the nearest noise-sensitive property to exceed 55 DBA after the hour of 11 p.m. Section 2. Section 7.40.070 (b) is hereby amended as follows: The words "except as may be expressly allowed pur- suant to the provisions of Section 7.40.080, ***" are added to the beginning of subsection (b) , making that ) subsection read as follows: (b) Except as may be expressly allowed pursuant to the provisions of Section 7.40.080, 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) of this section, as measured at a point located 25 feet from the noise- sensitive structure toward the noise source. Section 3. This ordinance shall become effective on the 31st day following its Fassage and signature. PASSED: By 11,0 a h Le o c vote of the City Council this it day of 1981. -Q J e-corder, Cityo sgard SIGNED: By the Mayor, this // day of a, , 1981. I' a,'4,-7Mayor, City of Tigar .page 2 Ordinance No. i i AMPLIFIED SOUND PERMIT (Section 1.40.080, Tigard Municipal Code) Applicant (Name) (Address) Telephone Nature of Event Describe) Time of Event Date (Beginning time) (Ending Time) Description of Sound Equipment and Location of Speakers I hereby certify the information above is true and accurate. I recognize that any change in these plans may void the permit, and I agree to inform the City of any change before the time identified above at the time set for the event. Applicant Permit for above event granted this day of 198 IG t City Administrator