Ordinance No. 90-03 CITY OF TIGARD, OREGON
ORDINANCE NO. 90-Cb'�
AN ORDINANCE AY0i."DING THE DEFINITIONS, PROHIBITIONS, AND REHEDIES REGARDING
ALLOWABLE NOISE LEVELS IN THE CITY OF TIGARD AND DECLARING AN EFFECTIVE DATE.
I T;'BE EAS, the City Council desires to amend the City's noise ordinance to better
allow effective enforcement and control of offensive noise.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section is Sections 7.40.130 through 7.40.220 and Section 18.90.030 of the
Tigard Municipal Code are repealed and replaced as follows:
ARTICLE IV. NUISANCES AFFECTING THE PUBLIC PEACE
7.40.130 Noise - Definitions. For purposes of this Section and Sections
7.40.130 through 7.40.210, the following shall mean:
(a) Ambient noise - means the all-encompassing noise associated with a given
environment, usually being a composite of sounds from many sources near
and far. For the purpose of this ordinance, ambient noise level is the
level obtained when the noise level is averaged over a minimum period of
fifteen (15) minutes at a specific location without inclusion of noise
i from isolated identifiable sources.
(b) Noise sensitive land use - means any portion of a church, children day
care, hospital, residential group care, school, single or multi-family
dwelling unit, and mobile home that is intended for living, sleeping, or
eating. This definition excludes accessory areas or structures such as
yard areas, patios, and garages as well as commercial and industrial land
uses.
(c) Commercial land use - means any use which is a permitted or conditional
use in the C-P, C-G, CBD, and C-N zoning districts, as identified in Title
18.
(d) Industrial land use - means any use which is a permitted or conditional
use in the I-P, I-L, and I-H zoning districts, as identified in Title 18.
7.40.140 Motor vehicle noises.
(a) Motor vehicles shall operate in a manner which complies with applicable
state motor vehicle noise regulations.
(b) The idling of engines and auxiliary equipment on motor vehicles on private
property, which exceed the noise standards specified in Sections 7.40.170
and 7.40.180, shall not be permitted for a period greater than five (5)
minutes.
i ORDINANCE NO. 90- 03 PAGE 1
7.40.15_0 Jake brakes prohibited. No person sha U operate within the city
limits of the city of Tigard a motor vehicle exhaust-braking system commonly
known as a "sake brake". For the purposes of th?s section, the exceptions set
forth in Section 7.40.190 shall not apply and this section shall be read as an
absolute prohibition of the operation of such motor vehicle breaking systems
within the city of Tigard.
1 7.40.160 Nairn effignating from certain uronerty. Except as may be expressly
allowed pursuant to the provisions of Sections 7.40.140, 7.40.190, and
7.40.200, no person shall cause or permit noise to emanate from the property
under his or her control so as to cause the ambient noise level at the nearest
noise sensitive land use to exceed the levels specified in Sections 7.40.170
and 7.40.180.
7.40.170 Allowable noise limits. For the purposes of this section, the
regulations and maximum noise level standards contained in "Chapter 340, Oregon
Administrative Rules, Division 35, Noise Control Regulations for Industry and
Commerce" shall apply.
7.40.180 Standard for measurement.
(a) Measurements shall be made with a calibrated sound level meter meeting the
requirements of a Type I or Type II meter, as specified by the American
National Standard Specification for Sound Level Meters (ANSI Standards
1.4-1971). For purposes of this ordinance, a sound level meter shall
contain at least a recording calibration curve for an "A" weighing
network, and both fast and slow meter response capability.
(b) Persons conducting sound level measurements shall have received training
in the techniques of sound measurement and the operation of sound
measuring instruments from the Department of Environmental Quality, a
registered acoustical engineer, or other competent body prior to engaging
in any enforcement activity.
(e) Noise measurements shall be taken in accordance with "Chapter 340, Oregon
Administrative Rules, Division 35, Noise Control Regulations for Industry
and Commerce".
7.40.190 Noise - Exemptions to restrictions. The restrictions imposed by
Sections 7.40.130 through 7.40.180 shall not apply to the following:
(a) Emergency equipment not operating on a regular or scheduled basis;
(b) Noise emanating from all public streets;
(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 9:00 PM and
7:00 AM Monday through Friday, 9:00 PM and 8:00 AM on Saturday, and 9:00
PM and 9:00 AM on Sunday except for bona fide emergencies where the public
health or safety is threatened or for which a special permit, granted by
ORDINANCE NO. 90-03 PACE 2
the City Administrator, has been first obtained in accordance with the
procedures contained in section 7.40.200; and
(d) Lawn, garden or household equipment associated with the normal repair,
upkeep, or maintenance of property.
7.40.200 Permits required for exceeding allowable noise levels.
(a) The uae of amplified voice and music or creation of noise at level which
would otherwise exceed those permissible under Section 7.40.130 _,,sough
7.40.190 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.
(b) In the case of a series of similar events to be conducted at the same
location, the City Administrator may, at his discretion, issue the permit
in a form extending to cover the entire series.
(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. The permit shall be subject to immediate
revocation by the Administrator if any conditions of the permit are
violated.
(d) The City Administrator 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.
I`
7.40.210 Penalty for chapter violations.
(a) A violation of this Chapter shall constitute a Claes 1 civil infraction,
which shall be processed according to the procedures established in the
civil infractions ordinance,- set out in Chapter 1.16 of this Code.
Notice to abate the nuisance shall be a prior contract.
(b) Each violation of a separate provision of this Chapter shall constitute a
separate infraction, and each day that a violation of this Chapter is
committed or permitted to continue shall constitute a separate infraction.
(c) A finding of a violation of this Chapter shall not relieve the responsible
party of the duty to abate the violation. The penalties imposed by this
section are in addition to and not in lieu of any remedies available to
the City.
f. (d) If a provision of this Chapter is violated by a firm or corporation, the
i
ORDINANCE No. 90- 03 PAGE 3
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officer or officer, or person or persons responsible for the violation
shall be subject to the penalties imposed by this Chapter.
4,
18.90.030 Noise
A� For the purposes of noise regulation, the provisions of Sections 7 40.130
through 7.40.210 of the Tigard Municipal Code shall apply.
Section 2: This ordinance shall be effective on and after the 30th day
after its enactment.
PASSED: By P/ynnlimou5 vote of all Council members present after
being read by number and title only, this QK)o day of January,
1990.
Cathy Wheatley,-Haputy City Recorder
APPROVED: This day of January, 99
Gerald R. 6dwalrds, Mayor
App oved as to form:
CS r Attorney
—10PUA0 a ,
Date
NOISE.-OR2rk1
ORDINANCE NO. 90-jo PAGE 4