HomeMy WebLinkAbout2001-12-10 02-46 ORDINANCEItem No, 02-46
Date: 12-10-01
Item/Subject ORDINANCE - Amending Chapter 194, Noire, § 194-10, Exceptions.
Responsible Department: Legal
Commentary:
The purpose of this amendment is ro add an exception for events hosted as part of the
Bangor State Fair at Bass park from the ortlinance governing vehicle noise.
Department Head
Manager's Comments: The Business and Economic Development Committee reviewed! this Rem at its
December 4'" meeting. At that time, the Committee considered two exemptions, one for events at the
Bangor State Fair and a second which would have granted the Police Chief the authority to issue waivers
on private property. This later exemption was not supported by the Committee and has bem deleted. As
a result, the only exempdon will be for events hosted at Me State Fair. Remmmend approval.
City Manager
Associated Information:
Budget Approval:
Finance Director
Introtlucefor
Passage
] First Reading page _ of
Referral
02-46
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CITY OF BANGOR
(TITLE.) Ordinance, Amending Chapter 194, Noise, § 19410, Exceptions.
Be itor¢WXd by fill City ofBangl M &UM
§ 19410. Exceptions.
The maximum noise level limits provided in § 199-9 above do not apply to the following:
A. Any aircraft operating pursuant to or in conformity with federal law or regulations now existing
or hereafter promulgated or operating within the City of Bangor's Airport Zone as defined in Chapter
165, Land Development, of the Code of the City of Bangor.
B. 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.
C. 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 all.
D. Any train or other railroad vehicle or operation operating In interstate commerce in conformity
with noise regulations Promulgated by the Administrator of the United States Environmental Protection
Agency and the Secretary of Transportation under 42 U.S.C. § 4916, provided that the maximum noise
limits prescribed in Table I of § 19x -9A above shall apply to such vehicles at the time and place of
measurement by sound -level meter, notwionstanding prior test results conducted on such vehicle by
the railroad company, and provided that this article shall not be deemed to prohibit municipal
regulation of railroad -generated environmental noise necessitated by special local cond@ions as
approved by the Administrator of the United States Environmental Protection Agency in accordance
with 42 U.S.C. § 49161
E. Public road construction projects, Including reconstruction, grading and bridge projects.
F. Ambienthaffc noise generated by vehicles traveling on federal interstate highways.
G. Farming operations conducted in conformity with generally accepted agricultural practices as
defined under 17 M.R.S.A. § 2205, Subsection 2, as amended.
H. 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 § 1949A above.
I. Events h t Bal Park as pad of the Bangor State Fair.
IN CITY fA➢PCIL
Deceober 10. 2001
First Heading
02-46
c _
0 R D I N A N C E
CITY
Title, Amending chapter 194, Noise
519x10. Hxceptiwa
ID CITY COUNCIL
December 26, 2001
Notion Made and Seconded
for Passage
Assigned to
voce: g yes. 1 n
conneilors voting yes: Allen,
Daldacci. Crawley, Parnham.
Farrington, Nealley, Palmer
a Hohman
Councilor h
cowcilor votivg n Tremble
n /
Passed /
1/�l/,/NW(,'
November 28, 2001
02-06
ao
To: Members of the Business and Economic Development Committee
Fr: Edward A. Barrett, City Manager
Su: Noise Ordinance Amendment
This Ordinance amendment comes forward after a number of discussions
focused on the noise issues related to the fiat track motorcycle event held
annually at Bass Park over the last three years. After the noise monitoring
done during this year's event, it Is apparent that the event violates our
current noise ordinance limitations. While it Is likely that this event will not
be continued in future years due to both noise concerns and Its failure to
Provide adequate financial return to the Bass Park Complex, it has raised the
issue of events held a[ Bass Park and potentially at other private locations
which may violate our current ordinance.
The ordinance amendment which is attached attempts to address this
concern by providing two exceptions to the ordinance. The first exempts
events hosted at Bass Park as part of the Bangor State Fair. This exemption
will allow us to continue traditional fair events such as the tractor pull which
are problematic under our current ordinance. The second provides the
authority for the Chief of Police to Issue a waiver for events on private
property and to establish certain limitations on the hours of the event and the
noise allowed for the event at the private property line. This will allow us to
maintain the integrity of our anent ordinance which is targeted primarily at
vehicle noise on public rights of way, allow the fair to continue to offer
traditional events, and provide a mechanism for other events to be
considered while establishing limitations to minimae Impact.
The Committee will be asked to comment on this proposal and determine
whether it should go forward to first reading at full Council level.