The City Council has determined that excessive sound is a serious hazard to the public health, welfare and the quality of life and it shall be the policy of the City of Molalla to prevent excessive sound which may jeopardize the health, welfare and safety to citizens or degrade the quality of life.
(Ord. 2003-02 §1)
This chapter shall apply to the regulation of all sounds originating within the city limits of the City of Molalla.
(Ord. 2003-02 §1)
Amplifying equipment.
Public address systems, musical instruments, and other similar devices which are electronically amplified.
City.
The City of Molalla, Oregon or the area within the territorial city limits of the City of Molalla, Oregon.
Construction.
Any and all activity necessary or incidental to the erection, demolition, assembling, altering, installing, repair or equipping of buildings, roadways and utilities. It shall include land clearing, grading, excavating and filling before, during or following such activity.
Emergency work.
Work made necessary to restore property to a safe conditional following severe inclement weather and natural disasters, work required to restore public utilities or work required to protect persons or property from imminent exposure to danger.
Noise sensitive area.
Areas or land uses where excessive or prolonged noise could reasonably be expected to cause annoyance or alarm, including, but not limited to, residential areas, schools, churches, hospitals, offices, care centers and nursing homes.
Off-road recreational vehicle.
Any self-propelled land vehicle designed for, or capable of traversing over natural terrain, including, but not limited to, racing vehicles, mini bikes, motorcycles, go karts, and dune buggies, when operated off the public right-of-way for non-commercial purposes.
Persons.
A person, persons, firm, association, co-partnership, joint venture, corporation, or any entity public or private in nature.
Plainly audible.
Unambiguously communicated sounds which disturb the comfort, repose or health of the listener. Plainly audible sounds include, but are not limited to, understandable musical rhythms, understandable spoken words, and vocal sounds other than speech which are distinguishable as raised or above normal.
Power tools.
Any mechanically powered saw, drill, sander, grinder, lawn or garden tool, or similar device.
Powered model vehicle.
Any self-propelled airborne, waterborne, or landborne plane, vessel or vehicle, which is not designed to carry persons, including, but not limited to, any model airplane, boat, car, or rocket, except those operated by electric motors.
Off-road recreational park.
A facility open to the public for the operation of off-road recreation vehicles.
Unreasonable noise.
Sound or noise which because of its loudness, frequency or duration could reasonably be expected to cause annoyance or alarm to another person, including, but not limited to, the following:
1. 
Radios, Phonographs, Tape Players, Television Sets, Stereo Systems. The playing, using or operating of any radio, tape player, television set or stereo system, including those installed in a vehicle, in such a manner so as to be plainly audible at any time between 10:00 p.m. and 7:00 a.m.: (a) within a noise sensitive area which is not the source of the sound, or (b) at a distance of 100 feet or more from the source of the sound.
2. 
Revving Engines. Operating any motor vehicle engine above idling speed off the public right-of-way so as to create excessive or unnecessary sounds within a noise sensitive area.
3. 
Compression Braking Devices. Using unmuffled compression brakes, commonly referred to as "jake brakes," on any motor vehicle, except to avoid imminent danger to persons or property.
4. 
Exhausts. Discharging into the open air the exhaust of any internal combustion engine or any mechanical device operated by compressed air or steam without a muffler, or with a sound control device less effective than that provided on the original engine or mechanical device.
5. 
Idling Engines on Motor Vehicles. Idling more than 15 consecutive minutes between the hours of 10:00 p.m. and 7:00 a.m. any motor vehicle with a Gross Vehicle Weight Rating (GVWR) of 8,000 pounds or greater when audible within a noise sensitive area.
6. 
Vehicle Tires. Squealing tires by excessive speed or acceleration on or off public right-of-way except when necessary to avoid imminent danger to persons or property.
7. 
Motorcycles, Go Karts, Dune Buggies. Operating motorcycles, go karts, dune buggies and other off-road recreational vehicles off the public right-of-way on property not designated as an off-road recreational park.
8. 
Powered Model Vehicles. Operating or permitting the operation of powered model vehicles, with the exception of vehicles, gliders and aircraft propelled by electric motors, in areas not designated by the City Manager or City Council for such use.
9. 
Explosives. The discharge of illegal fireworks or other explosive devices without any necessary governmental or regulatory permits.
10. 
Animals. Permitting any animal to cause unreasonable annoyance, alarm or noise disturbance at any time of the day or night by repeated barking, whining, screeching, howling, braying or other like sounds which may be heard beyond the boundary of the keeper's property, except when the animal is being provoked or protecting property from trespassers.
11. 
Steam Whistles. Blowing any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work.
12. 
Horns. The sounding of a horn or signaling device on a vehicle on a street, or public or private place, except as a necessary warning of danger.
13. 
Compressed Air Devices. The use of a mechanical device operated by compressed air, steam or otherwise, unless the noise thereby created is effectively muffled.
14. 
Warning Devices. Audible devices used to protect persons or property from imminent danger, including, but not limited to fire alarms, burglar alarms, civil defense warning systems, and safety alarms required by law.
(Ord. 2003-02 §1)
A. 
Exceptions. The following sounds are exempted from provisions of this ordinance:
1. 
Sounds caused by the performance of emergency work, emergency vehicles and emergency equipment.
2. 
Aircraft operations in compliance with applicable federal laws or regulations.
3. 
Railroad activities as conducted with all applicable rules and regulations, including Subpart A, Part 201 of Title 40, CFR of the Environmental Protection Agency's railroad emission standards.
4. 
Sounds produced at authorized activities sponsored by Molalla River School District, City of Molalla or at the Molalla Buckeroo Grounds between 7:00 a.m. and 12:00 midnight.
5. 
Sounds created by a City street sweeping or solid waste franchisee during authorized refuse or recycling pickup operations during the period of time between 5:00 a.m. and 10:00 p.m.
6. 
Sounds created by power tools during the period of time between 7:00 a.m. to 10:00 p.m., provided such tools and any sound dissipating devices are maintained in good repair, excepting home occupations (refer to Section 17.08.100(D)).
7. 
Commercial/industrial operations located within commercial/industrial zones.
8. 
Sounds made by warning devices operating continuously for 15 minutes or less.
9. 
Construction activities during the period of time between 7:00 a.m. and 8:00 p.m., provided equipment is maintained in good repair and any sound dissipating devices are maintained in good working order.
(Ord. 2003-02 §1)
A. 
A violation of any provision of this ordinance is a Class A infraction, punishable upon conviction by a fine of not more than $1,000.00. Each and every incident during which any provision of this chapter is violated shall constitute a separate offense.
B. 
The City may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or retrain by injunction the violation of any provision of this chapter.
(Ord. 2003-02 §1)
If any provision of this chapter, or its application to any person or circumstances, is held to be invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.
(Ord. 2003-02 §1)