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HomeMy WebLinkAbout1993-03-22 93-204 ORDINANCECOUNCIL ACTION Item No. 93-204 Date March 22, 1993 Item/Subject: Amending Chapter VI, Article 1 Of the Ordinances of the City of Bangor -- enacting Comprehensive Noise Ordinance Responsible Department: Legal Councilor Stone has asked the Legal Department to prepare a noise ordinance that would regulate motorcycle and other vehicle noise in the downtown area. In order to initiate discussion of this issue, I have revived a draft comprehensive noise ordinance originally prepared in September, 1991, in response to railroad noise generated by Guilford Transportation Industries/Springfield Terminal Railroad operations in the area below Hancock Street. Department Head Manager's Comments: ��� ( &fd I.N /r!OT4444'Q cw/%Na%r4a 4A✓* An I.ICi �(r !r� ull,AV "nW* o�n l mat .racrl. S!r/aary aviraa+ max a."Arrt 6z+rr�i /ekngWbvlr)MMr �,d/P/.y q�/tea/a��s%.S h�driar u.r/lka lsr kbrn✓1k City Manager Asaocia ed Information: Ortlinance Finance Director L�eeal Approval:/!{�{aro re rc rve 0t�l�m a{i W ✓n S tle r.. 1 p�55e� �4as� Q p• { } h, i{(M ice + [bunch f a5m ar(a t{w✓d !r. „.aur of an m.w�drvv„} dy City Solicitor Introduced For UNUR rn G w y„ay p „a r Passage f%9oer aM(.�+er..(S{Isq CH!( 41.rr��'m nn5 K✓iew -AW' First Read'n 7WN A'w dt:( r M Referral W pwm�dpm� Page 1 of 10 Aasgn d b Councilor Stone March 22, 1993 .N CITY OF BANGOR (TITLE) @rbiMMr81Amending _Chapter VI, Article 1 0£ the Ordinances of the City of Bangor -- Enacting Comprehensive Boise Ordinance, Beh� nrw cam 0a ofwatuefBan r, aer aw.: THAT Chapter VI, Article 1, Section 6 of the Laws and Ordinances of the City of Bangor as previously in force is hereby repealed in, its entirety; and be it further ordained TEAT Chapter VII of the Laws and Ordinances of the CitT of Bangor is herebyamended by adding a new Article 17, as follows r [see attached]. IN CITY COUNCIL March 22, 1993 Received let reading. Referred to Appropria2 Conmietee. Lod 1 T CL IN CITY COUNCIL April 26, 1993 - Amended by Substitution and Passed by the follo:aing yes and no votes. Councilors voting yea: Blanchette, Bragg, Cohen, Frankel, Near. Shubert, Soucy, Stone and Sullivan. to �Aq eo CITIJ CLERK 93-204 ORDINANCE Amending Chapter VI Article -1 of the Ordinances of the City of Bangor - Enacting Comprehensive Noise Ordinance `" _ eCom'gndd to CuuwL mun ARTICLE 17 - NOISE Sec. 1 Legislative findings, declaration of oolicv. The Bangor City Council finds that the acnoise, as defined in this Article, is detrimental tothelhealth, welfare, safety and quality of life of Bangor's citizens. it is the policy of the City of Bangor to prohibit unnecessary, excessive and annoying noises from all sources subject to the City's police power. Sec. 2 Definitions. Terminology used in this Article shall have the following meanings. when not defined below, terminology used to this Article shall be defined i conformance with the USA Standard Acoustical Terminology American National Standard Institute Document 51.1-1960 (R.1911). 2.1 Agricultural area. "Agricultural Area" means land utilised for farming, timber harvesting or related purposes, and includes all areas zoned for agriculture under the City of Bangor's Land Use Code. 2.2 Airport z "Airport Zone- means all areas zoned for airport purposes under the City of Bangor's Land Use Code. 2.3 Ambient noise level. 'Ambient noise level" means an existing level of all-encompassing noise associated with a given environment, usually a composite of sounds from many sources near and far, without inclusion of intruding noises from isolated identifiable sources. 2.4 A -weighted sound level. "A -weighted sound level" means the sound pressure level in decibels as measured on a sound level meter using the A -weighted network. The level so read is designated db(A) or dBA. 2.5 Code enforcement officer. "Code enforcement officer" means the City of Bangor's Director of Code Enforcement and Fire Prevention or his designee 2.6 Commercial area. "Commercial area" means land utilized for business purposes other than residential or industrial uses, and includes all areas zoned for commercial purposes under the City of Bangor's Land Use Code. -2- 2.v Decibel fdB). 'Decibel (dB)" means a unit for measuring the volume of a sound equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micro -pascals. 2.8 Eauivalent A -weighted sound level (Leal. "Equivalent A -weighted sound level (Ing)" means the constant sound level that, in a given situation and time period, conveys the same and energy as the actual time -varying A -weighted sound for a given period of time. Por the purpose of this Article, the "given period of time" is any continuous eight-hour period. 2.9 Fixed noise source. ^Fixed noise source" means a stationary device which creates ands, including but not limited to agricultural, commercial, industrial, and residential machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment. 2.10 Gross vehicle weight rating IGVWR). "Gross vehicle weight rating (GVHR)" means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle shall be used. 2.11 impulsive sound. 'Impulsive sound" means a short duration of Hound of one second or less with an abrupt onset and rapid decay (includes explosion, drop forgeimpact, or firearm discharge). Sources generating impulsive noise for a average of more than five seconds per hour over any eight hour period shall be deemed, and subject to the same maximum noise level limits, as a fixed noise source. 2.12 Industrial a 'Industrial area" means land utilized for manufacturing o industrial purposes, and includes all areas zoned for industrial purposes under the City of Bangor's Land Use Code. 2.13 Mobile noise source. 'Mobile noise source" means any noise source other than a fixed source. 2.14 Motor vehicle. 'Motor vehicle" means any and all self- propelled vehicles, on or off road, subject to identification under Maine's Motor Vehicle Code. 93-204 -3- 2.15 Noise sensitive a °Noisesensitive areas" means those areas within the City of Bangor which contain noise sensitive activities, e.g., schools and hospitals, and which have been designated as such by the Bangor City Council. -Noise sensitive areas" are defined in Appendix A to this Article. All noise sensitive areas shall be designated by posted signs in the area affected. 2.16 Person. •Person" means any individual, association, Partnership, or corporation, and includes any officer, employee, department, agency or entity, public or private. 2.17 Powered motor vehicle. °powered motor vehicle" means any self-propelled airborne, waterborne, or landborne plane, vessel, or vehicle, which is not designed to carry persons, including but not limited to, any model airplane, boat, car or rocket. 2.18 Private person. 'Private person" means any individual, association, partnership or corporation, but excluding municipal or quasi -municipal entities. 2.19 Residential a "Residential area" means land utilized for residential purposes, and includes all areas zoned for residential purposes under the City of Bangor's Land Use Code. 2.20 Sound level meter. "Sound level meter' means an instrument, including a microphone, an amplifier, an output meter, and frequehcy, weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for Type S2A meters in American National Standards Institute specifications for sound level meters, S1.4-1971, or the most recent revision thereof. 2.21 Sound truck. 'Sound truck" means any motor vehicle, or other vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment. 2.22 Vehicle. "Vehicle" as used in Section 5 of this Article means any vehicle regardless of motive power, and whether or not subject to identification under Maine's Motor Vehicle Code, including aircraft, trains or other railroad vehicles, off-road vehicles, powered motor vehicles, sound trucks, boats, vessels and ships. _4_ Sec. 3 Prohibited acts. No persons shall unreasonably make, continue or cause to be made or continued any noise disturbance or excessive noise within the limits of the City of Bangor. Noise which aceeds the maximum noise level limit provided in Sections 4 and 5 below shall be deemed unreasonable under this Article, except as provided in Section 6 below. Sec. 4 maximum noise level limits. 4.1 Except as provided in Section 6 below, it shall be a violation of this Article for any person to operate or cause to be operated any single or Combination of fixed source or non -stationary source equipment or machinery or to conduct any other activity or process that individually or collectively constitute an identifiable sound source, in such a manner as to cause the sound level at any point on the property line of any property to exceed by five decibels or more the noise level limits set forth below, Sound Level Zone Time (A -weighted Decibelsl (1) Low Density 7 a.m. to 6 p.m. 50 Residential 6 P.M. to 30 P.M. 45 10 p.m. to 7 a.m. 40 (2) High Density 7 a.m. to 6 p.m. 55 Residential 6 p.m. to 10 p.m. 50 10 p.m. to 7 a.m. 45 (3) Commercial 7 a.m. to 6 p.m. 60 6 P.M. to 30 P.M. 55 10 p.m. to 7 a.m. - 50 (4) Industrial 7 a.m. to 6 p.m. 65 6 p.m. to 30 p.m. 60 10 p.m. to 7 a.m. 55 (5) Agricultural 7 a.m. to 6 p.m. 60 6 P.M. to 10 P.M. 55 10 p.m. to 7 a.m. 50 (6) Noise Sensitive Areas 7 a.m. to 6 p.m. 45 6 P.M. to 10 P.M. 40 10 p.m. to 7 a.m. 35 Mere the ambient noise From other than identifiable sound sources m is determined to be higher than the maximums listed above, the maximum permissible noise level shall be five decibels higher than the ambient noise level. -5 - Mere properties in two or more zones join at a common boundary, the maximum noise level shall be the arithmetic mean of the maximum levels for each of the properties affected. 4.2 in determining the maximum noise level allowed to be generated by an identifiable sound source, the following adjustments shall be made to the allowable noise level based on the duration of the sound generated. Duration of Sound dBW Adiustmant Up to 30 minutes per hour +3 Up to 15 minutes per hour +6 Up to 10 minutes per hour +8 Up to 5 minutes per hour +11 Up to 2 minutes par hour +15 Up to I minute par hour +18 Up to 30 seconds per hour +21 Up to 15 seconds per hour +24 Impulsive sound (up to 5 seconds per hour) +27 Sec. 5 Vehicle noise. 5.1 Except as provided in Section 6 below, it shall be a violation of this Article for any person to operate o cause to be operated on any public street or highway, or upon any lake, pond, public easement or off-road area,any motor vehicle generating noise in excess of the following maximum levels, Sound Level Vehicle Tvoe (A-welahted Declbelsl Semi, truck, bus (GVWR over 3 1/2 tons) 85 Passenger automobile; motorcycle; 82 motor home; camper (GVWR under 3 1/2 tans) Airmobile 78 [see 12 M.R.S.A. S 7861 (24)] Snowmobile Manufactured before Feb. 2, 1975 82 Manufactured after Feb. 1, 1975 78 [see 12 M.R.S.A. 5 7827 (14)] All -terrain vehicle (ATV) 82 (s_ 12 M.R.S.A. g 7857 (15)] -6 - Sound truck; powered motor vehicle 75 Motorboat (under 5 tons burden) 78 Commercial charter, fishing, tanker 82 freighter, or lobster boat (over 5 tons burden) 5.2 Measurements of noise generated by a vehicle shall be taken at a distance of fifty feet from the vehicle engine or motor or, in the case of vehicles operating on s public street or highway, at a distance of fifty feet from the center line of travel. If taken at a different distance, measurements shall be corrected as follows: Distance (feet) Correction fdBfA)l 25 -6 28 -5 32 -4 35 -3 40 -2 45 -1 50 (preferred distance) 0 56 +1 63 +2 70 +3 80 +4 90 +5 100 +6 Sec. 6 Exceotions. The maximum noise level limits provided in Sections 4 and 5 above do not apply to the following, 6.1 Any aircraft operating pursuant to or in conformity with Federal law or regulations now existing o hereafter promulgated, or operating within the City of Bangor's Airport Zone as defined in the City's Land Use Code. 6.2 Any aircraft operating under technical difficulties, In any kind of distress, under emergency orders of an air traffic controller or being operated in response to any federal, state, or local emergency Including civil air patrol search and rescue operations. 6.3 Any police, fire or emergency rescue vehicle, including privately -owned vehicles of volunteer fire o po usquads, when in pursuit or resndlmg to a fireeoremergency call. 93-204 -7- 6.4 Any train or other railroad vehicle operating in interstate commerce in conformity with noise regu- lotions promulgated by the administrator of the A.S. Department of Environmental Protection and the Secretary of Transportation under 42 USC 5 4916, Providing that the maximum noise limits prescribed in in this Article shall apply to such railroad vehicles until such regulations have been promulgated; and pro- vided this Article shall not be deemed to prohibit municipal regulation of railroad -generated environmental noise necessitated by special local conditions as approved by the administrator of the U.S. Environmental Protection Agency in accordance with 42 USC 6 4916(2). 6.5 Public road construction projects, including reconstruction, grading and bridge projects. 6.6 Private timber harvesting or mining operations con- ducted outside the built-up area of the City, provided that the noise from such operations does not unreasonably intrude into any public park, or unreasonably disturb the occupants of any residence, hospital, church or school. For purposes of this Section, "built-up area- shall include all areae within the City's primary urban service district, as defined under the City of Bangor's comprehensive plan, as ended, and all a within the urban compactarea as defined by regulations of the Maine Department of Transportation. 6.7 Ambient traffic noise generated by vehicles travelling on Federal interstate highways or State -defined primary or major secondary highways. 6.8 Public concerts, parades, fairs, shown, and celebrations, if otherwise properly permitted and licensed. 6.9 Farming operations conducted in conformity with generally accepted agricultural practices as defined under 17 M.R.S.A. S 2805(2), as amended. 6.10 Fixed -location public utility generation, distribution r transmission facilities in existence prior to the date of passage of this Article, if currently operating at noise levels in excess of the maximum levels pre- scribed by this Article. Sec. 7 Enforcement: penalties. 7.1 Upon receipt of a citizen complaint or request to investigate, the City's Code Enforcement Officer or other law enforcement officer equipped with an approved sound level meter or measuring device may 93-204 Ma investigate the complaint. The investigation shall consist of measurements of the offending noise and gathering of data to include the following, (a) type, location and ownership of noise source; (b) duration and level of noise produced; (c) date and time of noise measurement; (d) ambient noise level; and (e) any other factors affecting the measurement. Upon completion of the investigation, if a violation of this Article appears to have occurred, the Code Enforcement Officer or law enforcement officer may serve, or cause to be served upon the offender a summons and complaint alleging the violation and giving notice of a hearing date. Thereafter, the matter shall be referred for prosecution in accordance with Subsection 7.2. 7.2 Violations of this Article shall be punishable as land use violations under 30-A N.R.S.A. S 4452, as amended, and shall be subject to the penalties provided therein. Civil penalties assessed for such violations shall accrue to the City of Bangor. Notwithstanding the provisions of any other law or ordinance, the minium penalty for a violation of this Article shall be $100.00 for the first violation, and $250.00 for the second and each subsequent violation. Each day that a violation continues after the date of an initial citation shall be deemed a separate offense. The court may also order the violation to be abated as provided in 30-A N.R.S.A. $ 4451(C), as amended. 64Ak Orad 47-;a' 82643 ARTICLE 17 - VEHICLE NOISE Sec. 1 LealslatIve findings: declaration of policy. The Bangor City Council finds that excessive vehicle noise, as defined in this Article, is detrimental to the health, welfare, safety and quality of life of Bangor's citizens. It is the policy of the City of Bangor to prohibit unnecessary, -excessive and annoying vehicle noise within the City of Bangor. Sec. 2 Definitions. Terminology used in this Article shall have the following meanings. when not defined below, terminology used in this Article shall be defined in conformance with the OSA Standard Acoustical Terminology American National Standard institute Document S1.1-1960 (R.19Y1). 2.1 Ambient noise level. "Ambient noise level" means existing level Of all-encompassing noise associated with a given environment, usually a composite of sounds from many sources near and far, without inclusion of intruding noises from isolated identifiable sources. 2.2 A-weinhted sound level. "A -weighted sound level" means the sound pressure level i decibels as measured on a sound level meter using the A -weighted network. The level so read is designated db (A) or can. 2.3 Code enforcement officer. 'Code enforcement officer" means the City of Bangor's Director of Code Enforcement and Fire Prevention or his designee 2.4 Decibel (dB). "Decibel (dB)" means a unit for measuring the volume of a sound equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micro -pascals. 2.5 E d level (Lea) . "Equivalent A -weighted sound level (Leg)" means the constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time -varying A -weighted sound for a given period of time. For the purpose of this Article, the "given period of time' is any continuous eight-hour period. 2.6 Gross vehicleweight (GVNR1. "Gross vehicle weight rating (GVwa)" means the value specified by the manufacturer -2 - as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCwR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle shall be used. 2.7 Motor vehicle. -motor vehicle- means any and all self- propelled vehicles, on or off road, subject to identification under Maine's Motor Vehicle Code. 2.8 Person. -Person- means any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or entity., public or private. 2.9 Powered motor vehicle. 'Powered motor vehicle" means any self-propelled airborne, waterborne, or landborne plane, vessel, or vehicle, which is not designed to carry persons, including but not limited to, any medal airplane, boat, car or rocket. 2.10 Sound level meter. "Sound level meter" means a instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for Type S2 meters in American National Standards Institute specifications for sound level meters, S1.4-1971, or .the most recent revision thereof. 2.11 Sound truck. 'Boundtruck" means any motor vehicle, or other vehicle, regardless of motive power, whether in motion orstationary, having mounted thereon, or attached thereto, any sound amplifying equipment. 2.12 Vehicle. "vehicle" as used in this Article means any vehicle regardless of motive power, and whether or not subject to identification under Maine's Motor Vehicle Code, including aircraft, trains or other railroad vehicles, off-road vehicles, powered motor vehicles, sound trucks, boats, vessels and ships. Sec. 3 Prohibited acts. No persons shall unreasonably make, continue or cause to be made or continued any noise disturbance or excessive vehicle noise within the limits of the City of Bangor. Noise which exceeds the maximum noise level limit provided in Section 4 below shall bedeemed unreasonable under this Article, except as provided in Section 5 below. -3- Sec. 4 vehicle 4.1 Except as provided in Section 5 below, it shall be a - violation of this Article for any person to operate or use to be operated on any public street or highway, or upon any lake, pond, public easement or off-road area, any motor vehicle generating noise in excess of the following maximum levels: Sound Level Vehicle Tvo ! - ht tl Oec'belsl Saari , truck, bus (GVwR over 3 1/2 tons) 85 - Passenger automobile; motorcycle; -82 motor home; camper (GVWR under 3 1/2 tons) Airmobile _ 78 [see 12 M.R.S.A. g 7801 (24)] Snowmobile Manufactured before Feb. 2, 1975 82 Manufactured after Feb. 1, 1975 78 [see 12 M.R.S.A. 5 7827 (14)] All -terrain vehicle (ATV) 82 [see 12 M.R.S.A. 5 7857 (15)] Sound truck; powered motor vehicle 75 Motorboat (under 5 tons burden) 78 Commercial charter, fishing, tanker 82 freighter, or lobster boat (over 5 tons burden) Where the ambient noise from other than identifiable sound sources is determined to be higher than the maximums listed above, the maximum permissible noise level shall be five decibels higher than the ambient noise level. 4.2 Measurements of noise generated by a vehicle shall be taken at a distance of fifty feet from the vehicle engine or motor or, in the case of vehicles operating on a public street or highway, at a distance of fifty feet from the center line of travel. If taken at a different distance, measurements shall be correctetl as follows: -4 - Distance Correction fdB(All 25 -6 28 -5 32 -4 35 -3 40 -2 45 -1 50 (preferred distance) 0 55 +1 63 +2 !0 +3 e0 +4 90 +5 100 +6 Sec. 5 Exceptions. The maximum noise level limits provided in Section 4 above do not apply to the following; 5.1Any aircraft operating pursuant to or in conformity with Federal law or regulations now existing o hereafter promulgated, or operating within the City of Bangor's Airport Bone as defined in the City's Land Use Code. 5.2 Any aircraft operating under technical difficulties, in any kind of distress, under emergency orders of an air traffic controller or being operated in response to any federal, state, or local emergency including civil air patrol search and rescue operations. 5.3 Any police, fire or emergency rescue vehicle, including privately -owned vehicles of volunteer fire or rescue squads, when in pursuit or responding to a fire or emergency call. 5.4 Any train or other railroad vehicle operating in interstate commerce in conformity with noise regu- lations promulgated by the Administrator of the U.S. Department of Bnviro,mental Protection and the Secretary of Transportation under 42 USC S 4916, providing that the maximum noise limits prescribed in in this Article shall apply to such railroad vehicles until such regulations have been promulgated; and pro- vided this Article shall not be deemed to prohibit municipal regulation of railroad -generated envirouse ntal noise necessitated by special local conditions as approved by the Administrator of the U.S. Environmental Protection Agency in accordance with 42 USC 5 4916(2). -5- 5.5 public road construction projects, including reconstruction, grading and bridge projects. 5.6 Ambient traffic noise generated by vehicles travelling on Federal interstate highways. 5.7 Farming operations conducted in conformity with generally accepted agricultural practices as defined under 17 n.R.S.A. 5 2005(2), as amended. 5.8 vehicles operating solely on land owned or leased by the owner of the vehicle concerned, or with landowner permission; provided that noise generated by operation of the vehicle as measured at the property boundary does not exceed the unadjusted sound levels specified In Section 4.1 above. Sec. 6 8nforcement• nanalties. 6.1 Upon receipt of a citizen complaint or request to Investigate, or upon personal observation of an apparent violation, the City's Code enforcement officer or other law enforcement officer equipped with an approved sound level meter or measuring device may investigate the complaint. The investigation shall consist of measurements of the offending vehicle noise and gathering of data to include the following, (a) type, location and ownership of the vehicle; (b) level of noise produced; (c) date and time of noise measurement; (d) ambient noise level; and (e) any other factors affecting the measurement. Upon completion of the investigation, if a violation of this Article appears to have occurred, the Code Enforcement Officer or law enforcement officer may serve, or cause to be served upon the offender a someone and complaint alleging the violation and giving notice of a hearing date. In lieu of a summons and complaint, the Code Enforcement Officer may issue a citation to the vehicle operator stating the date, time and place of the apparent violation, as measured by the officer, and the amount of the applicable fine or waiver fee. The citation shall inform the vehicle operator of his or her right to contest the citation, or to waive court appearance, and shall provide a means for the vehicle operator to make that election. All such citations shall be processed in the same manner as citations for parking violations under Chapter III, Article 6, Bangor City Ordinances. Thereafter, the matter shall be referred for prosecution in accordance with Subsection 6.2. -6- 6.2 Violations of this Article shall be punishable as land use violations under 30-A M.R.S.A. S 4452, as amended, and shall be subject to the penalties provided therein. Civil penalties assessed for such violations shall accrue to the City of Bangor-. Notwithstanding the provisions of any other law or ordinance, the minimum penalty for a violation of this Article shall be 5100.00 for the first violation, and $250.00 for the second and each subsequent violation. Each day that a violation continues after the date of an initial citation shall be deemed a separate offense. The court may also order the violation to be abated as provided in 30-A M.R.S.A. S 4451(C), as amended.