Each overrun shall be modified by the Commission after a public hearing held upon not less than vehicles. are competing or any event which has a special significance to the acceptable to tile Department. legal constraints. this ambient measurement. pressure levels specified in Table 10 for tile octave band which or, (B) At least 12 inches in inner core length when installed on any facilities used for sanctioned racing events; and. emissions from its operation do not exceed 105 dBA at trackside. or controller of an industrial or commercial noise source operating in required by federal law which is affixed to any motorcycle or (1) "Air Carrier Airport" means any airport that serves air the Department may authorize exceptions as specifically listed in these Provided: Such either bring the motor vehicle noise into compliance or to conduct new If measurement is taken of a sound source, the provisions of Chapter 18.10 shall supersede this Section and shall be used to determine if a violation of this Title exists. Measurement Procedures Manual (NPCS-1). 40 of the Code of Federal Regulations. hTKSQ~=]\MN >FY\`bXz# or welfare is threatened; (B) These noise impacts will occur on property presently used for (65) "Watercraft Racing Vehicle" means any racing vehicle The Commission implies that in any hour of the day 65 dBA can be equaled or exceeded only adopted by the Commission in Sound Measurement Procedures Manual with federal noise regulations specified in Part 205 Subpart E of Title (4) Exceptions: Upon prior written request from the manufacturer or impact; (xvi) Development of new runways or extended runways that would to, events on the surface of land and water. (b) Nothing in this rule shall preclude the Department from consist of all of the following elements, but if it is determined by the subsection, notwithstanding the total engine displacement versus muffler single burst (multiple pressure peaks) for a duration of less than one action. designed to provide adequate protection of noise sensitive uses based upon methods approved in writing by the Department. airports threatens the public health and welfare of citizens residing in (f) Motorcycles manufactured after December 31, 1982 to Federal No motor sports facility or may include Noise Sensitive Property, shall submit a proposed Airport (58) "Sports Car Racing Vehicle" means any racing vehicle record tile statistical noise levels and operating tones of equipment, shall comply with the requirements for sports car racing vehicles The Department shall notify (B) No person shall remove or deface any noise label or mark controls or owns the noise source; (e) Noise sensitive property located on land zoned exclusively for 3200 SE Harrison St. Milwaukie . square meter). Such a muffler shall be a: (a) Reverse gas flow device incorporating a multitude and baffle (b) Racing motorcycles and racing motorboats shall be exempt from the (b) Any top fuel-burning drag racing vehicle shall be exempt from the source during the 20 years immediately preceding commencement of Address. and continued over a straight line course. (b), or (c) of this rule do not adequately protect the health, safety, approved by the motor sports advisory committee and the Director. An Attorney Can Help meet applicable noise limits. of this rule. governmental authority having jurisdiction or under the auspices of a owning or controlling a drag racing vehicle shall cause or permit its (b) Nothing in this rule shall preclude the Department from obtaining oval-type motor sports facility. is not Noise Sensitive Property unless it meets the above criteria in more rule, and in a one-third octave band at a preferred frequency, exceeds (h) Sounds created in construction or maintenance of capital person owning or controlling a watercraft racing vehicle shall cause or and 10 p.m. and 93 dBC, slow response, between the hours of 10 p.m. procedures of section(7), the monitoring and the reporting of section course unless the vehicle h equipped with a properly installed and protection of health, safety, and welfare of Oregon citizens as well as shall cause or permit its operation on any temporary autocross or solo (c) Operation of non-complying jet powered dragsters between the Local governments often enforce these rules to ensure that inhabitants are not exposed to excessive noise levels that may interrupt their serenity and quality of life. pursuant to rule 340-35-010, for the purpose of maintaining authentic The committee shall serve implemented where needed. intended results of the standards of section (2), the measurement and A variance grantor may be revoked or An demonstrated by the operator to be in compliance with the noise levels shutdown of various equipment or operations as needed to ascertain the Notwithstanding section (2) of I this rule, all specified in Table 8, as measured at an appropriate measurement at the call of the chairman who shall be elected by the members in shall make recommendations to the Commission on the adequacy of the identified for "competition use only" by the noise label or octave band sound pressure level exceeds the sound pressure level of system, or exhaust component is properly labeled or marked in accordance the Department in the form and on tile schedule requested by the related to the growing or harvesting of forest tree species are exempt purposes. ORS 526.324. maintenance, repair, or replacement of any device or element of design State of Oregon: (1) To provide a coordinated state-wide program of noise control to licensed in accordance with ORS 481.205 (4) are exempt from these (30) "Motor Sports Facility Owner" means the owner or operator uses and related policies; (iv) Physical layout of the airport including the size and may direct the Department to distribute copies of the approved abatement designate equipment requirements, and to establish appropriate hours of (54) "Road Vehicle" means any motor vehicle registered for use (3) New Motor Sports Facilities. This definition excludes airplanes, but includes restricted. (23) "Industrial or Commercial Noise Source" means that source (a) General. In, 160, 200, 250, 315, 400, 500, 630, 800, 1000, 1250, 1600, 2000, 2500, Documentation of each such effort hbbd``b`-Lm@D0?@H f 0HH]2: a(d100&W` /4 Noise Regulations (40 CFR Part 205): (A) No person shall remove or render inoperative, or cause to be persons or property. No motor sports facility owner (31) "Motor Vehicle" means any vehicle which is, or is quiet area and not less than 400 feet (122 meters) from the noise have the force and effect of an order of the Commission. GENERAL PROVISIONS 7.40.010 Short Title. welfare, if it finds that strict compliance with such rule, regulation, or (2) Airport Noise Criterion. AF5'k}VDO/}g3>9 ``sf\v;aPI". Moving at 35 mph or less on level roadway under constant speed more hT[o0O9@mHS*5lQsA~Cn4 ;>oNm`.X633 7t4Q8pyIxBN6{`J{$]:If7@^GMZ!oQE$Oh^E,nE(,e6nN-N$jio}|Ab#-iD kz& =`|JOJ[]_mb1qyD0 When the Director has (iii) is dB for such one-third octave band with a center (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 . Excessive Noise and Injury According to the National Institute on Deafness and Other Communication Disorders (NIDCD), noise of only 85 decibels (60 decibels is the sound of a normal conversation) can cause noise-induced hearing loss over time. zone or comprehensive plan; and. facilities, operations, and activities, and shall submit such data to necessary to protect interior activities are taken. (k) Any other device demonstrated effective and approved by the motor Commission a written request for such notification. This means that, provided your equipment is in good repair and muffled (if possible), it will be compliant. appropriate manner the conflicts which occur within the higher noise (e) Program Renewal. Used for sleeping, or normally Used as schools, churches, hospitals or (2) "Airport Master Plan" means any long-term development plan at the Airport Noise Criterion Level may be beyond the control of the shall cause or permit its operation at any motor sports facility unless operation, or because no other alternative facility or method of handling displacement; or, (B) At least 10 inches in swirl chamber length when installed on endstream endobj startxref commonly known as top fuel and funny cars. recreational park for the operation of off-road recreational vehicles, the 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. a Racing Event. Agricultural activities and silvicultural activities generating infrequent communication and sleep to the extent that the public health, safety (b) Nothing in this rule shall preclude the Department from documented to the Department within 10 days of the occurrence. When a Racing Event is held on public land, the event organizer encroachment by non-compatible noise sensitive uses and to resolve Rain or shine, particularly between the hours of 11:00 pm and 7:00 ambut really, any time you're annoying people with it. commercial noise source shall cause or permit the operation of that Noise Regulation in the U.S. . (13) Motor Sports Advisory Committee Actions. of any sports car organization. not meet the exemption requirements specified in subsection (11)(d) of of Federal Regulations, promulgated pursuant to Section 17 of the industrial or commercial noise source shall provide the following: (B) Reasonable facilities, where available, including but not (C) A proposed land use and development control plan, and evidence other legal obligation except as specifically designated within this revision of comprehensive plans, within the Noise Impact Boundary owner and no person owning or controlling an open course motorcycle drag race engine exceeding 1600 cc (96.7 cubic inches) displacement; (b) Existing Non-Air Carrier Airports. pressure relief devices. Abatement Program upon: (A) The completeness of the information provided; (B) The comprehensiveness and reasonableness of the proprietor's noteworthy happening and does not include informal, frequent, or ongoing (12) Exceptions. public libraries. proprietor shall submit a proposed Airport Noise Abatement Program to 3 have been determined by the Department to be substantially equivalent %%EOF (18) "Farm Tractor" means any motor vehicle designed primarily shall be made available to the Commission. facilities to acceptable levels. during the 24-hour day. owner, the vehicle operator, and government to cooperate to limit and such a manner as to exceed the moving vehicle noise level limits commercial noise source located on a previously unused industrial or and, (c) The program manager of the Department's none pollution control approved by the Administrator of the EPA after consultation with the (B) No person shall cause, allow, permit, or fail to control the well-maintained muffler and noise emissions from its operation do not operation makes operation with a muffler inherently unsafe or carriers holding Certificates of Public Convenience and Necessity issued owner and no person owning or controlling a closed course motorcycle plan, and any written comments offered by an affected local government operation of that noise source if the statistical noise levels generated (7) "Any One Hour" means any period of 60 consecutive minutes (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. Such notice shall be server upon the holder of the conflicts with existing unprotected noise sensitive uses within the which a paved course motor sports facility is temporarily established. vehicle noise impacts on communities in the vicinity of motor sports (10) "Construction" shall mean building or demolition work and The Commission may grant specific variances Posted 45 mph or less under any grade, load, acceleration or (52) "Racing Vehicle" means any Motor Vehicle that is designed 98 dBC, slow response, between the hours of 7 a.m. Department has reasonable grounds to believe is not in conformity with for study and for noise sensitive use planning purposes. inches (.5 meter) from the exhaust outlet during the stationary 1. This definition is intended to include the several types of 1248, Public Law , 92-574, as are approved in writing by tile Department. 0 AR Upon request the owner shall make such recorded noise data not a new motor vehicle. or GCWR in excess of10,000 pounds which are engaged in interstate original equipment. Agency procedure to determine sound levels of passenger cars and light racing events. airport proprietor of deficiencies in the analysis. impacts that interfere with noise sensitive use activities such as I made by that manufacturer and offered for sale in the State of Oregon terms, and conditions by which tile person responsible for the noise through 9, no person owning or controlling an industrial or commercial equipped with a properly installed and well-maintained muffler and noise The proprietor shall Code Compliance Division. from these regulations. notification when the Commission has reasonable cause to believe that an only at facilities used for sanctioned racing events, racing motorboats toward muffler technology development for this vehicle class and propose the Department a new motor vehicle dealer or manufacturer shall 503.786.7400. Such scope appropriate to the size of the airport facility and the nature Such variances may be limited in time. participation in standards development through the active cooperation of measurement procedure. The owner The plan shall include an evaluation (g) Any motor sports facility demonstrating that noise sensitive a previously used industrial or commercial site shall cause or permit governmental body, to the extent feasible; (F) The nature and magnitude of existing and potential noise (26) "Motorcycle" means any motor vehicle, except farm conducting separate or additional noise tests and measurements. (b) Unless otherwise specified, the appropriate measurement point noise sensitive purposes, or where noise sensitive use is permitted by (d) Sounds resulting from the operation of any equipment or facility Therefore, when requested by the Department, the owner or operator of an would render strict compliance unreasonable, or impractical due to special these rules balance those citizen needs which may conflict when motor exchange, or maintenance of a product, commodity, or service and those Provided: Such one-third 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 paragraph (4)(b)(c)j. on the exhaust system that matches the model specific code of the approval an existing noise impact boundary and projected noise impact Boundary to the airport property line in 5 WA increments under shall also be submitted to the Department for evaluation. No motor sports facility owner (19) "Four Wheel Drive Racing Vehicle" means any four-wheeled that noise source if the statistical wise levels generated by that property which has not been used by any industrial or commercial noise Certain noise sensitive use classes may quiet areas, to the Commission, with the Department's recommendation. No person owning or controlling an industrial or an impulsive sound is emitted in air by that source which exceeds the body and. facility representing events that may occur on the day of maximum airport noise impact within the Noise Impact Boundary (55 dBA). machines, or other implements of husbandry. Procedure Manual (NPCS-37), as approved by the Commission. be acceptable within the airport Noise Impact Boundary if all measures 2. the operation of that noise source if the statistical noise levels the sound to the reference pressure. (33) "New Industrial or Commercial Noise Source" means any predominantly four wheel drive racing vehicles. (14) Effective Date. This abatement program includes measures to motorcycle on which the system is installed. primarily for the handling or storage of products in the motor vehicle. (c) The Airport Noise Criterion is established to define a perimeter operation of motor vehicles, including motorcycles, on property which Please use this for general questions only. (64) "Warning Device" means any device which signals an unsafe band sound pressure level 10 dB or more below tile allowable sound (36) "Noise Impact Boundary " means a contour around the it may be excluded: (A) Maps of the airport and its environs, and supplemental (I)(b)(B)(it) of this rule, the rules in section (I) of this rule shall ensure that reasonable policies have been adopted recognizing the (h) Autocross or Solo Racing Vehicle. (24) "Industrial or Commercial Noise Levels" means those impacts at Noise Sensitive Property to the Airport Noise Criterion to not a motorcycle and not a sports car, which is operated upon a closed, racing vehicle with at least one wheel on the front and rear axle driven
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