HomeMy WebLinkAbout3290 Amending AMC 9.08.170(3) - Exemptions from Noise Regulations ORDINANCE NO. 3290
AN ORDINANCE AMENDING 9.08.170(3)—TO CREATE CERTAIN EXEMPTIONS
FOR HEAT PUMPS OR MECHANICAL DEVICES FROM NOISE REGULATION
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are bold lined through, and additions are bold underlined.
WHEREAS,Article 2. Section I of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the City recognizes that in urban neighborhoods with small lots, homes are often in
very close proximity to one another. Residential heat pumps and air conditioning units are not
generally manufactured to meet the decibel limits in the noise ordinance, and compliance is often
impractical or impossible. Since residential climate control is essential during both summer heat
and winter cold, this amendment is intended to exempt residential heat pumps and air
conditioners from noise regulations for the duration of their typical 25-year operating life,
provided they were installed under a building pen-nit, inspected, and continue to operate as
designed.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1.
9.08.170 - Unnecessary Noise
3. Heat Pumps or Mechanical Devices.
a. No person shall operate a commercial or residential heat pump, air-conditioning unit, or
similar mechanical device if noise levels from its operation exceed forty-five (45) dBA from the
closest property line of a residential property on an adjacent parcel of land characterized as a
noise sensitive area.
b. No person shall operate a commercial or residential heat pump, air-conditioning unit, or
similar mechanical device that was installed prior to 1981 if noise levels from its operation
exceed fifty (50) dBA from the closest property line of a residential property on an adjacent
parcel of land characterized as a noise sensitive area.
c. Residential heat pumps or air conditioners that were installed under a buildinJ4 permit
and within their 25-year operating life are exempt from this section.
ORDINANCE NO. 3290 Page 1 of 2
e. d. Heat pumps or mechanical devices are a Class II violation.
SECTION 2. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction,the
remainder of this ordinance shall remain in full force and effect.
SECTION 3. Codification.Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance"may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered,provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5)need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X, Section
2(C) of the City Charter on the day of a yra 2026, and duly
PASSED and ADOPTED this day of a , 2026.
PASSED by the City Council this day of �(/� , 2026.
ATTEST: A6
lissa o o inski, City Recorder
SIGNED and APPROVED this��day of i 2026.
Tonya Graham,Mayor
Reviewe as to form:
oh ietila, City Attorney
ORDINANCE NO. 3290 Page 2 of 2