A. 
No person shall make, assist in making, permit, continue or permit the continuance of any noise within the City of Tigard in violation of this article.
B. 
No person shall cause or permit any noise to emanate from property under that person's control in violation of this article.
(Ord. 12-02 §1)
A. 
While sound measurements are not required for enforcement of this article, should measurements be made, they shall be made with a sound level meter. A sound level meter shall:
1. 
Be an instrument in good operating condition, meeting the requirements of a Type I or Type II meter;
2. 
Contain at least an A-weighted scale, and both fast and slow meter response capability.
B. 
If measurements are made, the person making those measurements shall have completed training in the use of a sound level meter, and shall use measurement procedures consistent with that training.
(Ord. 12-02 §1)
It is unlawful for any person to produce, or permit to be produced, sounds which:
A. 
When measured at the boundary of or within a property on which a noise-sensitive unit, not the source of the sound, is located, exceeds:
1. 
40 dB at any time between 10 p.m. and 7 a.m. the following day, or
2. 
50 dB at any time between 7 a.m. and 10 p.m. the same day; or
B. 
Is plainly audible at any time between 10 p.m. and 7 a.m. the following day within a noise-sensitive unit which is not the source of sound; or
C. 
Is unnecessarily loud within a noise-sensitive unit which is not the source of the sound;
D. 
When measured at or within the boundary of or within a property on which no noise-sensitive unit is located, and the noise originates from outside the property, the noise level exceeds:
1. 
60 dB at any time between 10 p.m. and 7 a.m. of the following day, or
2. 
75 dB at any other time;
E. 
If within a park, street or other public place, is unnecessarily loud at a distance of 100 feet.
(Ord. 12-02 §1)
A. 
Use of exhaust brakes (jake brakes), except in an emergency or except when used by a person operating an emergency services vehicle equipped with a muffled compression braking system, is prohibited at all times within the city, regardless of noise level.
B. 
Except as provided in Section 6.02.450, the following acts are violations of this article if they exceed the noise limits specified in Section 6.02.430:
1. 
Sounding of any horn or signal device or any other device on any automobile, motorcycle, truck, bus or other vehicle while in motion, except as a danger signal;
2. 
Operation of sound-producing devices such as, but not limited to, musical instruments, loudspeakers, amplifying devices, public address systems, radios, tape recorders and/or tape players, compact disc players, phonographs, television sets and stereo systems, including those installed in or on vehicles;
3. 
Operation of any gong or siren upon any vehicle, other than police, fire or other emergency vehicle, except during sanctioned parades;
4. 
Use of any automobile, motorcycle or other vehicle so out of repair or in such a manner as to create loud or unnecessary sounds, grating, grinding, rattling or other noise;
5. 
Keeping of any animal or bird that creates noise in excess of the levels specified in Section 6.02.430;
6. 
Operation of air conditioning or heating units, heat pumps, refrigeration units (including those mounted on vehicles) and swimming pool or hot tub pumps;
7. 
Erection (including excavation), demolition, alteration or repair of any building, except as allowed under Sections 6.02.450.E and 6.02.450.F;
8. 
Use or creation of amplified sound in any outdoor facility;
9. 
Any other action that creates or allows sound in excess of the level allowed by Section 6.02.430.
(Ord. 12-02 §1)
The following shall not be considered violations of this article, even if the sound limit specified in Section 6.02.430 is exceeded:
A. 
Non-amplified sounds created by organized athletic or other group activities, when such activities are conducted on property generally used for such purposes, such as stadiums, parks, schools and athletic fields, during normal hours for such events;
B. 
Sounds caused by emergency work, or by the ordinary and accepted use of emergency equipment, vehicles and apparatus, regardless of whether such work is performed by a public or private agency, or upon public or private property;
C. 
Sounds caused by bona fide use of emergency warning devices and alarm systems;
D. 
Sounds regulated by federal law, including, but not limited to, sounds caused by railroads or aircraft;
E. 
Sounds caused by demolition activities when performed under a permit issued by appropriate governmental authorities and only between the hours of 7 a.m. and 8 p.m. seven days a week;
F. 
Sounds caused by industrial, agricultural or construction activities during the hours of 7 a.m. to 8 p.m. seven days a week;
G. 
Sounds caused by regular vehicular traffic upon premises open to the public in compliance with state law. Regular vehicle traffic does not include a single vehicle that creates noise in excess of the standard set forth in Section 6.02.430;
H. 
Sounds caused by air-, electrical- or gas-driven domestic tools, including, but not limited to, lawn mowers, leaf blowers, lawn edgers, radial arm, circular and table saws, drills and/or other similar lawn or construction tools, but not including tools used for vehicle repair, during the hours of 7 a.m. to 8 p.m. seven days a week;
I. 
Sounds caused by chainsaws, when used for pruning, trimming or cutting of live trees between the hours of 7 a.m. and 8 p.m., and not exceeding two hours in any 24-hour period, seven days a week;
J. 
Sounds created by community events, such as parades, public fireworks displays, street fairs and festivals that the city manager or designee has determined in writing to be community events for the purposes of this section. The city manager's decision shall be based on the anticipated number of participants or spectators, the location of the event and other factors the city manager determines to be appropriate under the circumstances;
K. 
Sounds made by legal fireworks on the third of July, Fourth of July, and the Friday and Saturday during the weekend closest to the Fourth of July of each year, between the hours of 7 a.m. and 11 p.m.;
L. 
Sounds made between midnight and 12:30 a.m. on January 1st of each year;
M. 
Sounds originating from construction projects for public facilities within rights-of-way pursuant to a noise mitigation plan approved by the city manager. The city manager may approve a noise mitigation plan only if the city manager determines that the noise mitigation plan will prevent unreasonable noise impacts. The noise mitigation plan must:
1. 
Map the project noise impacts and explain how the impacts will be mitigated,
2. 
Provide special consideration and mitigation efforts for noise sensitive units,
3. 
Outline public notification plans,
4. 
Provide a 24-hour telephone contact number for information and complaints about a project.
The city manager may approve a noise mitigation plan only if the city manager determines that the noise mitigation plan will prevent unreasonable noise impacts.
(Ord. 12-02 §1)
Notwithstanding Section 6.02.450, creation of noise by any activity subject to the exceptions listed in subsection E, F, H, or I of Section 6.02.450, in excess of 85 dB measured on property on which a noise sensitive use is located, for more than five minutes in any calendar day, shall be a violation.
(Ord. 12-02 §1)
A. 
In any civil infraction action based on a violation of limits set forth in subsection B, C or E of Section 6.02.430, the evidence of at least two persons from different households shall be required to establish a violation. Any police or code enforcement officer or other city employee who witnessed the violation shall be counted as a witness for purposes of the two witness requirement.
B. 
The city may ask an alleged violator to enter into a voluntary compliance agreement consistent with Section 1.16.115 based on a single complaint or single witness.
(Ord. 12-02 §1)