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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 �___ , rage � 4 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 Pnae 2 s ® 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- Page 2