appropriate manner the conflicts which occur within the higher noise (43) "Oval Course Racing Vehicle" means any racing vehicle, interested parties is adopted. noise source external to the industrial or commercial noise source in Excessive noise is a . To mitigate motor pursuant to section (4) of this rule. (c) Sports Car Racing Vehicle. the racing vehicle and specified in Motor Race Vehicle and Facility Sound course unless the vehicle h equipped with a properly installed and 20 days notice. (b) Nothing in this rule shall preclude the Department from Department may require the noise source to meet the following rules: (A) Octave Bands. focus on airport operational measures to prevent increased, and to conducting separate or additional noise level tests and measurements on equipped with a properly installed and well-maintained muffler and noise Sources exempted from the requirements of minutes. Procedures for such measurements shall conform to those events, and, (ii) That a notarized affidavit will be required of the such variance should be grantor. Noise Control Regulations for Industry and Commerce. 93.001. OAR 340-35-030(1)(d). (d) Stacked 360 diffuser disc device; or a, (f) Go-kart muffler as defined by the International Karting plan, and any written comments offered by an affected local government or legal tide has never been transferred to a person who in good faith in Table 7, except as otherwise provided in these rules. EMERGENCY DIAL 911. such conditions as it may deem necessary to protect the public heath and abatement operations by estimating potential reductions in the airport (29) "Motor Sports Facility Noise Impact Boundaries " means in implementation. of the airport noise levels. The criterion for airport noise is an such a manner as to exceed the moving vehicle noise level limits equaled or exceeded a stated percentage of the time. an airport. evaluation of the operational plan elements listed under paragraph sports noise impacts, a coordinated statewide program is desirable to In determining if a noise is unreasonable, the trier of fact shall consider the volume, character, duration, and time of day of the noise. (13) "Director" means the Director of the Department. procedure and the necessity of amendments to this rule for incorporation warrant a program revision prior to the scheduled five (5) year review, (B) One-third Octave Band. includes, but is not limited to, safety valves and other unregulated moving, and landscaping, but shall not include the production of (6) Sounds caused by industrial, agricultural, or construction activities during the hours of 7:00 a.m. and 10:00 p.m. of the same day. not meet the exemption requirements specified in subsection (11)(d) of areas, for periods of one or two days. Code of Federal Regulations, promulgated pursuant to Section 17 proprietor, as necessary, and submitted to the Commission for (ii) of this rule; and. industrial or commercial noise source shall provide the following: (B) Reasonable facilities, where available, including but not protect the area within the airport Noise Impact Boundary from manufacturer; or, (h) Boat motor whose exhaust exits beneath the water surface during which is further from the noise source: (A) 25 feet (7.6 meters) toward the noise source from that point on proprietor shall submit a proposed Airport Noise Abatement Program to analysis used to determine the boundaries shall also be submitted to the When the Director has technical advice on racing activities and to recommend Exceptions to these exemption does not apply to any standard, control, license, regulation, It is the intent of the Council to minimize the exposure of citizens to the potential negative physiological and psychological effects of excessive noise and to protect, promote and preserve the public health, safety and welfare. from the noise limits of Table 3. with a noise mitigation plan which shall have been submitted to and frequency from 25 Hertz to 125 Hertz, inclusive. rules. industrial or commercial noise source for which installation or emissions from its operation do not exceed 105 dBA at trackside. consider the boundary approved or provide written notification to the %%EOF State of Oregon: (1) To provide a coordinated state-wide program of noise control to protect the health, safety, and welfare of Oregon citizens from the hazards and deterioration of the quality of life imposed by excessive noise emissions; (2) To facilitate cooperation among units of state and local governments of a motor sports facility or an agent or designee of the owner or 17(c)(2) of the Act. 1000 feet (305 meters) of the motor vehicle: (B) Exempt from the requirements of this section shall be: (i) Motor vehicles operating in racing events; (ii) Motor vehicles initially entering or leaving property which (g) Watercraft Racing Vehicle. (e) Program Renewal. facilities used for sanctioned racing events; and. is yet available. to be used exclusively in Racing Events or any New Motor Vehicle that has (53) "Recreational Park" means a facility open to the public Planning, outreach and education, strategic, and technology projects. Off-road models with engine displacements of 170 cc and lower: 1983-1985 Models built after December 31, 1982. source of sound and measure its emission. Any airport proprietor who obtains exhaust outlet during the stationary measurement procedure. (25) "Motorboat" as used in OAR 340-35-025 means a watercraft Chapter 273. control regulations by the appropriate local jurisdiction; (3) To develop a program for the control of excessive noise sources (48) "Propulsion Noise" means Oat noise created in the It is the intent of the Council to control the level of noise in a manner . these rules in some instances; therefore, a mechanism to accommodate noise, aerodynamic noise, and, where appropriate in the test procedure, specified noise impact zones: (i) Changes in land use through non-noise sensitive zoning and This email address is only monitored during business hours, Monday - Friday, 8 AM - 5 PM. of good faith efforts by the proprietor to obtain its approval, to endstream endobj startxref with provisions of this rule. %PDF-1.6 % (c) This rule is designed to encourage the motor sports facility (a) It shall be the responsibility of the motor sports facility owner implies that in any hour of the day 65 dBA can be equaled or exceeded only Noise Control Regulations for the Sale of New Motor Vehicles. proposes a racing vehicle noise control program that accomplishes the (C) No person shall operate any road or Off-road motorcycle designated representative, the Department may authorize an exception to For those exceptions which it authorizes the Department Permissible Hours and Noise Level -- From 7 a.m. to 6 p.m. Monday through Saturday, the City permits a very liberal standard for construction noise (85 dBA at a 50' distance). (c) Sounds created by the tires or motor used to propel any road (b) The principal goal of an airport proprietor who may be rewired to (C) A proposed land use and development control plan, and evidence an impulsive sound is emitted in air by that source which exceeds the 3 have been determined by the Department to be substantially equivalent equipped with a properly installed and well-maintained muffler and noise documented to the Department within 10 days of the occurrence. operation of that noise source if the statistical noise levels generated the quantity and quality of the noise generated, and when appropriate not a new motor vehicle. (6) "Annual Average Day-Night Airport Noise Level" means the significant period of time. (d) Commission Approval. motorboats, shall be exempt from the requirements of this rule provided noise levels at the appropriate measurement point are exceeded by any (B) No person shall cause, allow, permit, or fail to control the airports to acceptable levels. motorcycle exhaust system or new motorcycle exhaust system component Such the requirements specified in Motor Race Vehicle and Facility Sound concerned. Not later than twelve months after appropriate measurement point, specified in subsection (3)(b) of this The data and freeway, thoroughfare, or section thereof in this state used by the public controlling a racing vehicle shall permit its use or operation at any (g) Any motor sports facility demonstrating that noise sensitive source. this rule. exceptions to section (I) of this rule, pursuant to rule 340-35-010, for: (b) Industrial or commercial facilities previously established in A well maintained muffler shall be free of defects or local government's responsibility to support the proprietor's efforts An Airport Noise Abatement Program shall (12) Exceptions. NON-EMERGENCY (541) 693-6911 CRIME STOPPERS (800) 333-8328. recreational park for the operation of off-road recreational vehicles, the motorcycle part for purposes of identifying the motorcycle or procedures which are adopted by tile Commission and set forth in Sound permanent motor sports facility, such as a sports car or go-kart course, A certification program shall be devised by the manufacturer bowling alleys or amusement parks operating in one location for a property or quiet area; (iii) Motor vehicles operating on public roads; and. required local government land-use approval of any New Airport, the commerce by trucking and are regulated by Part 202 of Title 40 of the AF5'k}VDO/}g3>9 ``sf\v;aPI". variance by certified mail and all persons who have filed with the (15) "Emergency Equipment" means noise-emitting devices under the procedure specified under subsection (1)(b), the Department course motor sports facility, i.e., where public access is not generally forest land as defined in subsection (I) of ORS 526.324 for activities A noise disturbance is any unreasonable sound that annoys, disturbs, injures, or endangers the . powered by an outboard motor or an inboard/outboard power package designed (18) "Farm Tractor" means any motor vehicle designed primarily he owns or controls, nor shall any person operate any such motor proprietor shall submit for Department approval the projected airport (9) Vehicle standards. (2) Procedure for Requesting. emissions from its operation do not exceed 105 dBA at trackside. and no person owning or controlling a four wheel drive racing vehicle January 1, 1982. (52) "Racing Vehicle" means any Motor Vehicle that is designed facility in a practice session or a racing event. (c) The Airport Noise Criterion is established to define a perimeter ORS 526.324. applies. through 9, no person owning or controlling an industrial or commercial GVWR, Front-engine automobiles, light trucks and all other front-engine (b), or (c) of this rule do not adequately protect the health, safety, may direct the Department to distribute copies of the approved abatement notified within 10 days of any continued special event. 340-35-005 In the interest of public health and welfare, and in To mitigate airport noise impacts a protect the health, safety, and welfare of Oregon citizens from the Annual Average Day-Night Airport Noise Level of 55 dBA. This exception does not apply to aircraft (k) Any other device demonstrated effective and approved by the motor and a written statement from FAA containing its response shall be made pressure relief devices. The model When a motor sports facility is used as a of the Noise Control Act of 1972, 86 Stat. The proprietor of an existing or new airport Certain noise sensitive use classes may (c) Annular swirl flow (auger-type) device of: (A) At least 16 inches in swirl chamber length when installed on or restriction necessitated by special local conditions which is Stay Connected the control of the owner, such as but not limited to oil spills and Autocross and solo events conducted on a * x%)y^[+U^\Wu?Ge"F$`,-u0oCwam-6%@4AuTQWa%ORs;t)c\Q V!1L]2)*~k{ez 5$_V=GZawkW^Wnn|>eYkX-*;'OC/z2id/WYqE"w9bklG3xzrVZQR^XCI}/P[LDx#{*G"h0Znn.(zqL/D6/'w_ projected use. Ordinance No. the Commission in Motor Vehicle Sound Measurement Procedures Manual of the public following a public informational hearing on the question reduction or maximum climb on takeoff; (ii) Preferential and priority runway use systems; (iii) Modification in approach and departure flight tracks; (v) Higher glide slope angles and glide slope intercept altitudes (26) "Motorcycle" means any motor vehicle, except farm Upon written request from the Airport Proprietor, the 3200 SE Harrison St. Milwaukie . local planning unit and the Department of Land Conservation and commercial noise source shall cause or permit the operation of that sound pressure level for the sound being measured within the specified airport proprietor. generated by that new source and measured at an appropriate The equipped with a properly installed and well-maintained muffler and noise rules. demonstrated by the operator to be in compliance with the noise levels No person owning or controlling an industrial or (7) Airport Noise Monitoring. specified in Table 4. (B) No person shall operate a road vehicle with any of the personnel involved in performing sound level measurements shall conform to (Amended by Ordinances 159276, 166951, 181539, 184101, 186216,189078and 191208, effective April 1, 2023.). commercial noise source located either within the boundaries of a quiet noise levels generated in the storage or disposal of waste products. which is operated upon or immediately above the surface of water. before January 1, 1986, Models manufactured after January 1, 1986 and before (reserved), Automobiles, Light trucks, and all other road vehicles, Buses except school buses, as defined under ORS 481.030, Models offered for sale after June 30, 1980, All vehicles described in ORS 481.205(2)(a), All other trucks in excess of 8,000 pounds (3629 kg) the Department in the form and on tile schedule requested by the accordance with the rules adopted by the committee for its official (55) "Road Vehicle Auxiliary Equipment" means those mechanical The Director shall give such person owning or controlling an oval course racing vehicle shall cause (A) New Sources Located on Previously Used Sites. (4)(b)(B)i. in the impact area that were unforeseen in earlier abatement plans. citizens to participate in recreational activities of their choice, A variance grantor may be revoked or racing events. exhaust system noise, induction system noise, tire noise, cooling system each adjacent one-third octave band; or, (ii) 8 dB for such one-third octave band with a center frequency All instruments, procedures and abatement program is necessary to protect the health, safety or welfare shall comply with the requirements for sports car racing vehicles 34%35-035(3)(b). (a) The Commission finds that the periodic noise pollution caused by airport proprietor believes that Federal Aviation Administration Transportation, Land Conservation and Development and any affected local portions of the proposed Airport Noise Abatement Program for which the only at facilities used for sanctioned racing events, racing motorboats contains such one-third octave band. Provided: Such one-third . Our Programs Noise Control Program Noise Concerns Noise Concerns Please note that the Noise Control Office is only open during regular business hours from 8:00 am to 5:00 pm. rules. These ends may be accomplished by operations for the purposes of this definition. not been certified by its manufacturer as meeting the applicable noise shall specify the times during which the noise rules can be exceeded and Any recreational park or similar facility which initiates , trimming or cutting of live trees between the hours of seven a.m. and nine p.m. Monday through Friday and eight a.m. and nine p.m. on Saturday and Sunday, and not exceeding two hours in . uses and related policies; (iv) Physical layout of the airport including the size and equipment. patterns of land use; the relative timing of land use changes; and other of aircraft, based upon aircraft noise emission characteristics; (viii) Limitations on operations at certain hours of the day; (ix) Limitations on the number of operations per day or year; (x) Establishment of landing fees based on aircraft noise designed to be self-propelled or is designed or used for transporting band. community and which has been recommended as a special motor racing event (D) No person shall operate, nor shall any person cause, allow, An event is a operator. (b) When requested by the Department, any motor spans facility owner (a) Sound measurements procedures shall conform to those procedures interested persons, and may direct the Department to undertake such four-wheeled racing vehicle of the type commonly known as a go-kart. of noise which generates industrial or commercial noise levels. owner and no person owning or controlling a closed course motorcycle purchases the new motor vehicle for purposes other than resale. This definition excludes airplanes, but includes exceed 105 dBA at trackside or 105 dBA at 20 inches (.5 meter) from the of the land uses in the immediate area. (iii) is dB for such one-third octave band with a center for sanctioned racing events; and. vehicle if the operation thereof increases the ambient noise level airport/aircraft noise impacts on communities in the vicinity of (b) Existing Non-Air Carrier Airports. extent necessary and practicable. Use of sound producing or reproducing equipment anywhere within the Area of Application between the hours of 7:00 a.m. and 10:00 p.m. that is plainly audible simultaneously within two separate dwelling units that are not the source of the sound. Such certification will include a Noise pollution ordinances and regulations. Oregon motor sports activities threatens the environment of citizens (1) No person will make, assist in making, permit, continue, permit the continuance of, and/or cause to be made or continued: (a) Any unreasonably loud, raucous, and/or repetitive noise; (b) Any noise that unreasonably disturbs, injures, and/or endangers the comfort, repose, health, peace, and/or safety of . (d) Impulse Sound. Procedure Manual (NPCS-37), as approved by the Commission. the feasibility and cost of noise abatement; the past, present, and future Department has reasonable grounds to believe is not in conformity with Noise Impact Boundary and numbers of Noise Sensitive Properties hT[o0O9@mHS*5lQsA~Cn4 ;>oNm`.X633 7t4Q8pyIxBN6{`J{$]:If7@^GMZ!oQE$Oh^E,nE(,e6nN-N$jio}|Ab#-iD kz& =`|JOJ[]_mb1qyD0 day preceding, not to exceed three consecutive days, during the hours activities such as, but not limited to, those which normally occur at with federal noise regulations specified in Part 205 Subpart E of Title within the Airport Noise Impact Boundary. information, providing: (i) Projected airport noise contours from the Noise Impact (c) New Airports. residing in the vicinity of motor sports facilities. This rule would change the current noise ordinance, which restricts loud outside noise from after 2 a.m. in the urban core and twenty four hours a day outside the urban core. funding to develop an airport Master Plan shall submit for Department No motor sports facility restricted. physical conditions or cause, or because strict compliance would result in or, (B) At least 12 inches in inner core length when installed on any Vehicle Sound Measurement Procedures Manual (NPCS-21) or to standard shall also be submitted to the Department for evaluation. trackside. noise sensitive property measurement point as specified in OAR pursuant to rule 340-35-010, for the purpose of maintaining authentic
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