1. Except as specifically provided for elsewhere in this Title, no person shall cause or permit sound to intrude into the property of another person which exceeds the limits set forth below in this Section.  For purposes of this Section, “day hours” shall be between 7 a.m. and 10 p.m., and “night hours” shall be between 10 p.m. and 7 a.m.
2. A.  The sound levels established are as set forth in Figure 1 before any adjustments are applied:
3. FIGURE 1
4. PERMISSIBLE SOUND LEVELS

5. (7:00 a.m.-10:00 p.m., otherwise minus five dBA)

1. B.  Adjustments to Figure 1.
   1. 1.   During night hours, the sound levels of Figure 1 must be reduced five dBA.
   2. 2.   During all hours, the sound levels of Figure 1 must be decreased five dBA for narrow band or steady sound (apply 1 only).
   3. 3.   The adjustments provided herein are cumulative.
2. C.  If a dwelling unit or noise sensitive receiver is in a nonresidential zone of the City, the nonresidential standard normally applies unless:
   1. 1.   a complaint is received, and
   2. 2.   the dwelling unit or noise sensitive receiver type use predates that of the noise source. In that case, the permissible sound level, as measured at the lot line of the dwelling unit or other noise sensitive receiver, is 65 dBA in a commercial/mixed use zone and 70 dBA in an employment or industrial zone, each subject to the adjustments of Subsections 18.10.010 B., F., and G.
3. D.  Nonconforming use: The maximum permissible sound level that may be emitted from any lot containing a nonconforming use is the same as that permitted for the most restrictive zone in which the use would be conforming.
4. E.  When a sound source can be identified and its sound measured in more than one zone, each of the appropriate Sections applies at the boundaries between zones.
5. F.   Impulse sound: Notwithstanding the sound levels of this Section, no person may cause or permit the operation of an impulsive noise source that has a peak sound pressure level in excess of 100 dB during day hours or 80 dB during night hours.
6. G.  Octave band measurements: When the Noise Control Officer makes a finding that the frequency characteristics of the sound are such that the A‑scale levels specified in Section 18.10.010 are inadequate to protect the public health, welfare, or safety, octave‑band sound pressure level measurements must be performed.
   1. 1.   Octave‑band measurements must be compared to the appropriate values indicated in Figure 2 for equivalent permissible dBA land use values; octave‑band sound pressure in excess of these standards will be considered evidence of a violation of this Title.

FIGURE 2

PERMITTED OCTAVE BAND SOUND PRESSURE LEVELS

FOR GIVEN PERMISSIBLE dBA SOUND LEVELS

1. When the permissible dBA level is:	The Maximum Octave Band Sound Pressure Levels Shall Not Exceed:
   -	Octave Band Center Frequency, in Hz
   -	31.5	63	125	250	500	1000	2000	4000	8000
   45	64	58	51	46	42	39	36	33	30
   50	65	62	56	50	46	43	40	37	34
   55	68	65	61	55	52	49	46	43	40
   60	72	68	64	60	56	54	51	48	45
   65	76	72	68	64	61	59	56	53	50
   70	79	76	72	69	66	64	61	58	55
   75	82	79	76	73	71	69	66	63	60

2. H.  When property of the receiver is unoccupied, as in the case of any undeveloped lot, sound levels in excess of those specified herein will be considered only as a technical violation of the standard. No citation will be issued in such instances, nor is corrective action required by the noise source.

1. A.  No person may operate any motor vehicle registered for use on public roads at any time, or under any condition of grade, load, acceleration or deceleration in such a manner as to violate the maximum permissible sound levels or equipment standards for the category of vehicle as indicated in this Subsection.
   1. 1.   Vehicles of 10,000 pounds GCWR (Gross Combination Weight Rating) or more, engaged in interstate commerce as regulated by 40 C.F.R., part 202, (1986), the provisions of which are incorporated by reference and three copies of which are on file in the Office of the City Auditor.
   2. 2.   All other vehicles may not exceed the vehicular noise emission levels or equipment standards permitted by OAR 340-35‑030 (1) (a) and (c), three copies of which are on file in the Office of the City Auditor and which are adopted by reference.
   3. 3.   No person may drive a motor vehicle on a public highway unless it is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise.
2. B.  No person may operate, and no owner of any motor vehicle may permit to be operated upon any public road, street, or highway, any motor vehicle so as to cause any greater noise or sound than is reasonably necessary for the proper operation of such motor vehicle.
   1. 1.   No person may operate a motor vehicle on a street or highway with an exhaust system utilizing a cutout, bypass or similar device.
   2. 2.   No person may operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching, or other such noise from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason, except that noise resulting from emergency action to avoid imminent danger is exempt from this provision.
   3. 3.   No person may operate any motor vehicle in excess of 10,000 pounds GCWR, in any residential zone of the City or within 200 feet of any dwelling unit, school, hospital or library, with a dynamic braking device engaged except to avoid imminent danger.
3. C.  No person may operate and no owner of property may permit the operation of an off‑road recreational vehicle so as to exceed the noise emission standards of:
   1. 1.   OAR 340-35‑030 (1)(b) and (d) three copies of which are on file with the Office of the City Auditor, and which are adopted by reference.
   2. 2.   Section 18.10.020 of this Title.
4. D.  No person may operate an off‑road recreational vehicle on private or public property unless the property has been designated for off‑road recreational vehicle use pursuant to Title 33, Planning and Zoning of this Code.
5. E.  A police officer, or noise control officer, who finds a vehicle or operator to be in violation of Subsection A of this Section will issue a citation to the operator. The citation will be accompanied by a written notice to the operator specifying the particular Subsections found to be in violation.
   1. 1.   The citation will require the violator to appear at court to answer for the violation and present evidence that the violation has been corrected. The date for court appearance on the face of the citation will not be less than 28 days after the citation was issued.
   2. 2.   The accompanying written notice will specify that if the violator presents proof to the clerk of the district court that the vehicle complies with the standards described in OAR 340‑35‑030 (1), (a) and (c) (1983), for the control of motor vehicle noise emissions, three copies of which are on file with the Office of the City Auditor and that are adopted by reference, the citation will be dismissed.
   3. 3.   Proof for the purpose of this Section will be a certificate of compliance issued or approved by the Department of Environmental Quality. If said certificate is received by the clerk of the district court not less than 5 days prior to the date set for the violator’s appearance before the court, the citation will be dismissed without the necessity of the violator personally appearing before the court.

1. A.  This Section applies to powered tools and equipment for home use or lawn and garden maintenance, except leaf blowers (see Section 18.10.035) or such tools and equipment used as part of a home occupation (see Subsection E. below).
2. B.  When used inside a dwelling unit, between the hours of 7:00 a.m. and 10:00 p.m., the sound levels generated by such equipment may not exceed 60 dBA, when measured at the lot line.
3. C.  When used outside a dwelling unit, between the hours of 7:00 a.m. and 10:00 p.m., the sound levels generated by such equipment may not exceed the following levels, for equipment of the appropriate class, when measured at a distance of 25 feet (7.6 meters) or at the lot line, whichever is further from the source:
   1. 1.   Five HP or less, such as, but not limited to, lawnmowers, riding tractors and small garden tools: 80 dBA;
   2. 2.   More than five HP, such as, but not limited to, powered hand tools and snow removal equipment: 85 dBA.
4. D.  When used inside or outside a dwelling between the hours of 10:00 p.m. and 7:00 a.m., the sound levels generated by all such equipment may not exceed those specified in Section 18.10.010.
5. E.  Sound levels generated by tools and equipment as part of a home occupation may not exceed 50 dBA, as measured at the lot line.

1. A.  For purposes of this Section, leaf blower means any portable device designed or intended to blow, vacuum, or move leaves or any other type of debris or material by generating a concentrated stream of air. Leaf blower includes any devices or machines that accept vacuum attachments.
2. B.  General operating restrictions.
   1. 1.   Commercial/Mixed Use and other zones. No person may operate a leaf blower in commercial/mixed use, industrial, and open space zones, or in the adjoining public right-of-way, between the hours of 9:00 p.m. and 7:00 a.m. the following morning, seven days a week, unless the leaf blower meets the requirements of Subsections 18.10.010 A. - F. and H.
   2. 2.   Residential zones. No person may operate a leaf blower in residential zones, or in the adjoining public right-of-way, between the hours of 7:00 p.m. to 7:00 a.m. the following morning, seven days a week.
   3. 3.   For purposes of Subsection B. above, right-of-way adjoining residential zones and any other zone is considered as being within residential zones.
3. C.  Noise restrictions.
   1. 1.   The Noise Control Officer will maintain a list of the leaf blowers not exceeding a 65 dBA sound level at 50 feet. The Noise Control Officer’s list must include only leaf blowers certified by a third-party testing laboratory, using American National Standards Institute (ANSI) methodology, ANSI B175.2-2000. The Noise Control Officer will update the certified list at least annually or as the Noise Control Officer is informed of other certified leaf blowers.
   2. 2.   The Noise Control Officer will maintain a list of the leaf blowers not exceeding a 70 dBA sound level at 50 feet. The Noise Control Officer’s list must include only leaf blowers certified by a third-party testing laboratory, using American National Standards Institute (ANSI) methodology, ANSI B175.2-2000. The Noise Control Officer will update the certified list at least annually or as the Noise Control Officer is informed of other certified leaf blowers.
   3. 3.   From March 1 through October 31 of each year, operation of any leaf blower within the City that is not on the certified list of 65 dba or quieter leaf blowers as developed by the Noise Control Officer will constitute a violation of Title 18.
   4. 4.   From November 1 through February 28 of each year, operation of any leaf blower within the City that is not on the certified list of 70 dba or quieter leaf blowers as developed by the Noise Control Officer will constitute a violation of Title 18.
4. D.  Leaf blower use on large open spaces
   1. 1.   Leaf blowers operated on Open Space land use zones at a distance of 200 feet or greater from the property line must not exceed a 75 dBA sound level, using American National Standards Institute (ANSI) methodology, ANSI B175.2-2000.

1. A.  No person may operate a watercraft between the hours of 7:00 a.m. and 10:00 p.m. that exceeds 75 dBA as measured on shore. Between 10:00 p.m. and 7:00 a.m., this sound level may not exceed 65 dBA.
2. B.  Exemptions: normal docking and undocking operations of all vessels, and operations of vessels licensed by the federal government for purposes of commerce on interstate waters are exempted from the provisions of this Section.
3. C.  Motorboats may not be operated on public waterways within the City limits, unless equipped with a functioning underwater exhaust or muffler, or, unless such motorboat has the discharge water continuously piped into the exhaust line.

1. A.  No person may operate or permit to be operated any motor vehicle racing within the City except at an area approved by the City.
2. B.  All motor vehicle racing must be conducted in a manner approved by the Noise Control Officer and/or the Noise Review Board or the City Administrator.
3. C.  For purposes of determining permissible sound levels of motor vehicle racing only, the Portland International Raceway is deemed an industrial land use zone of source, which use was in operation before January 1, 1977. Sound levels generated by any other use of the Portland International Raceway must meet the standards defined in Subsection 18.10.010 A., Figure 1.

1. A.  Maximum sound levels: No person may operate any equipment or appurtenances in commercial construction activities that exceeds 85 dBA, when measured at 50 feet (15.2 meters) from the source. This standard does not apply to trucks (see Section 18.10.020), pile drivers, pavement breakers, scrapers, concrete saws and rock drills.
2. B.  Night, weekend, and legal holidays limitation: From 6:00 p.m. to 7:00 a.m. the following morning, and 6:00 p.m. Saturday to 7:00 a.m. the following Monday, and on legal holidays, the permissible sound levels of Section 18.10.010 apply to all construction activities except by variance or for reasons of emergency. The exempted equipment of Subsection A. above is not exempted during these hours. For purposes of this Subsection, construction activities on a public road within a zone will be considered as taking place on private property within that zone.
3. C.  The adjustments to permissible sound levels established in Subsection 18.10.010 B. apply to Subsections A. and B. above.
4. D. All equipment used in commercial activities must have sound control devices no less effective than those provided on the original equipment, and no equipment may have an unmuffled exhaust.
5. E.  All equipment used in commercial construction activities must comply with pertinent standards of the U.S. Environmental Protection Agency.
6. F.   Pile drivers:
   1. 1.   Notwithstanding Subsection B. above, the permissible sound levels of Section 18.10.010 apply to pile drivers from 6:00 p.m. to 8:00 a.m. the following morning, and 6:00 p.m. Friday to 8:00 a.m. the following Monday, and on legal holidays.
   2. 2.   The owner of a site on which pile driving will occur must cause a notice to be mailed to all residences within 500 feet of the site. Mailing will occur no fewer than 30 days prior to the commencement of pile driving. The notice must list the expected starting and ending dates for pile driving and give a telephone number for further information.

From 10:00 p.m. to 7:00 a.m., operation of commercial parking lot sweepers may not exceed the sound levels for day hours set forth in 18.10.010. After July 1, 2004, operation of commercial parking lot sweepers may not exceed the sound levels for night hours set forth in Subsections 18.10.010 A. and B.