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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 msaguea to c�uor xo6� ra«r Io. zoos 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.