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Home My WebLink About1993-05-24 93-273 ORDINANCECOUNCIL ACTION Item No. 93-273 Date May 24, 1993 Item/Subject: Amending Chapter VII, Article 17, Laws and Ordinances of the City of Bangor (Noise Ordinance) Responsible Department: Legal This ordinance amendment would prescribe a maximum decibel level under the City's new noise ordinance for railroad vehicles and engines operated within the City of Bangor. The maximum noise level for such vehicles established by this amendment would be 85 decibels. This figure may be subject to further adjustment upon review by the Municipal Operations Committee. Associated Information: Ordinance M Tl" pXi✓l Department Neatl FV Finance Director UCity Solte. V/YI' citor i Passage __ " or 1/ First Reading do alhfohe( ver5%dr x Referral ja %e mooed pV Page 1 of 7k a v d d virclen o7 Pd. 43a7 C)rc(a{ee( $'f�4m1f(yr ,Prier g POIV67 yy// 93-273 A®lyned to Councilor (as amended) CITY OF BANGOR (TIRE) Mrbi M, Amending Gapter VII, Article 17, Laws and Ordinances of the City of Bangor (Boise Ordinance) - Be ie mr iwd 6y Am Oily CerucH of W My ofBanyor, as fo wm: (1) THAT Chapter VII, Article 17, Section 2.11 of the Laws and Ordinances of the City of Bangor, a enacted April 26, 1993, is hereby emended to read as follows: s - 2.11 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 or operations, off-road vehicles, powered motor vehicles, sound trucks, boats, "oasis and ships. (2) THAT Chapter VII, Article 17, Section 4.1 of the Laws and Ordinances of the City of Bangor, as enacted April 26, 1993, is hereby amended to read as follows: Sec. 4 Vehicle noise. 4.1 Except as provided in Section 5 below, it shall be a violation of this Article for any person to operate or cause to be operated an any public street or highway, or upon any lake, pond, public easement or off-road area, or upon any railroad Xyaht--gj_wa r awic(c no area., any metes hip( gen rating noise in excess of the following maximum levels, 93-273 All -terrain vehicle (ATV) 82 [s4e 12 M.R_S.A. 5 7857 (15)] Sound truck; powered motor vehicle 75 Motorboat (under 5 tons burden) 78 Coamercial charter, fishing, tanker 82 freighter, or lobster boat (over 5 tons burden) Railroad vehicles or enclose 85 Where the ambient noise from other than identifiable sound sources Is detexmined to be higher than the maximums listed above, the maximum permissible noise level shall be five decibels higher than the ambient noise level. -2- A -Weighted Vehicle Tvoe Sound Level (dBA) Semi, truck, bus (GVWR over 3 1/2 tone) 85 Passenger automobile; motorcycle; motor home; camper (GVWR under 3 1/2 tons) 82 Airmobile 78 (see 12 M.R.S.A. S 7801 (24)] Snowmobile Manufactured before Feb. 2, 1975 82 manufactured after Feb. Commercial charter, fishing, tanker freighter, or lobster boat (over 5 tons burden) 82 Train or other railroad vehicles or operations face 40 CPR, Part 201 and 49 CPR, Part 210• Summa- rised in Table I belowl 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. Table I+ 1, 1975 78 [see 12 M.R.S.A. 5 7827 (14)] All -terrain vehicle (ATV) 02 (see 12 M.R.S.A. Locomotives (Older than 1/1/80) 5 7857 (15)] Sound truck; powered motor vehicle 75 30m (100 ft.) Motorboat (under 5 tone burden) 78 Commercial charter, fishing, tanker freighter, or lobster boat (over 5 tons burden) 82 Train or other railroad vehicles or operations face 40 CPR, Part 201 and 49 CPR, Part 210• Summa- rised in Table I belowl 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. Table I+ A -weighted Distance or sound level (dBA) measurement site Locomotives (Older than 1/1/80) Stationary (Idle Throttle) 73 30m (100 ft.) Stationary (Other Throttle Settings) 93 " Moving 96 Locomotives (Newer than (12/31/791 Stationary (Idle Throttle) 70 " Stationary (Other Throttle Settings) 87 " Moving 90 -3- Switcher Locomotives folder than 1/1/801 Stationary (Idle Throttle) 70 " Stationary (Other Throttle Settings) 87 " Moving 90 Rail Cars Moving 45 mph or lase 88 " Moving faster than 45 mph 93 Retarders 83 Receiving prop- erty line Car Couolina Operations 92 Load Cell Noise Primary 78 30m (100 ft.) If 30m measurement not feasible 65 Receiving prop- erty line lo- cated more than 120m from Load Cell *See 40 CER Part 201 or 49 CPR Part 210 for definitions which are incorporated herein by reference. (3) THAT Chapter VII, Article 17, Section 4.2 of the Laws and Ordinances of the City of Bangor, as enacted April 26, 1993, is hereby amended to read as follows: 4.2 Stuart as provided in Table I of Section 4.1 above. Mi4easurements of noise generated by a vehicle shall be taken with asound level meter at a distance of fifty feet from the vehicle engine or motor or, in the case of vehicles operating o 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 corrected as follows: . . . (4) THAT Chapter VII, Article 17, Section 5.4 of the Laws and Ordinances of the City of Bangor, as enacted April 26, 1993, is hereby amended to read as follows: 5.4 any train or other railroad vehicle or oneration operating in interstate commerce in conformity with noise regulations promulgated by the Administrator of the U.S. Pegertnee€-e€ Environmental Protection Mency and the Secretary of Transportation under 42 USC S 4916, provided that the maximum noise limits prescribed in this Ar€lele Table I of Section 4.1 above shall apply to such railroad vehicles Sae#}_aaeA-reya}a- €#eao-pave-4aes-grema}gase4 at the time and place -4- of measurement by sound level meter notwithatandinm S 1 d d h hi 1 6 th as jl: comvanv; and provided this Article shall not be deemed to prohibit municipal regulation of ailroad-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 5 4916(2). (5) THAT Chapter vii, Article 17, Section 6 of the laws and Ordinances of the City of Bangor, as enacted April 26, 1993, is hereby amended by adding a new Section 6.4 as follows: FFM 93-273 AmppW to Coamceor Saxl May 24, 1999 CITY OF BANGOR MU.) (JOTTY(MM, Amending Ctapter Vxx,. Article 17, laws and Ordinances of the City of Bangor .(Noise Ordinance)'' & 4 ordataed by Nm Cita Cm loft City ofBaayon as Moms: THAT Chapter VII, Article 17, Section 4.1 of the Laws and Ordinances of the City of Bangor,. as enacted April 26, 1993, is hereby amended to read as follows: Sec. 4 Vehicle noise. 4.1 Except as provided in Section 5 below, it Shall be a violation of this Article for any person to operate or cause to be operated on any public street or highway, or upon any lake, pond, public easement or off-road area, or upon any railroad richt-of-}vay or awitchinc area. any meter vehicle generating noise in excess of the following maximum levels: A -Weighted Vehicle Tvne Sound Level tdBA) Semi, truck, has (GVWR over 3 1/2 tons) 85 passenger automobile; motorcycle; 82 motor home; camper (G under 3 1/2 tone) Airmobile 78 [see 12 M.R.S.A. g' 7801 (24)] Snowmobile Manufactured before Feb. 3, 1975 82 Manufactured after Feb. 1, 1975 78 [gee 12 M.R.S.A. S 7827 (14)) z 93-2)3 ORDINANCE In City Council May 24.1993 Motion to move to New Business ITETTE 1 Amending Chapter VII Article t] Passed laws and Ordinances of Me City of Bangor Referred to Municipal Noise Ordinance Committee Aedgnedto C1 y Clerk nK S]yX�CoIIC �_� ] LLwnn IN Gin COUNCIL June 14, 1993 Amended by Substitution 6 Passed by the following yea and no votes. Councilors voting yes: Blanchette, Bragg, Cohen. Frankel, Baal, shuVart, Soucy St ( Stone and So "van. CLKHIC