From: Gerald Fisher

Sent: Mon Jul 25 13:03:51 2016

To: Nicolas Lennartz (Molalla)

Cc: Dan Huff (Molalla)

Subject: Noise Ordinance Modification

Importance: Normal

Hi Nicolas,

There appears to be a hole in our code related to noise and nuisances surrounding noise.

9.13.050 (7) Exceptions – Commercial/industrial operations located within commercial/industrial zones.

There are no times associated with this single item. In 9.13.030, Unreasonable Noise includes 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: 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. Now, this was put in place for a specific set of noises that the community wanted addressed during reason times of the day when sleeping occurs. The same is true for though for commercial/industrial properties with earshot of residential properties. The Nuisance section 8.05.030 references 9.13 which again does not clearly define the time requirements for the exceptions. We should change this section of the code quickly to read:

9.13.050 (7) Exceptions – Commercial/industrial operations located within commercial/industrial zones between the hours of 7:00 a.m. and 10:00 p.m., local time.

This should be able to be passed in two council meetings since it is an ordinance and will clear up the ambiguities going forward related to noise.

Regards,

Gerald Fisher, P.E. | Public Works Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Office: 503.829.6855 | Direct: 503.759.0218

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