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Article I Short Title 2
Article II Declaration of Findings and Policy Scope 2
Article III Definitions and Standards 2
Article IV Powers and Duties of the Noise Control Officer 4
4.1 Lead (Agency/Official)
4.2 Powers of the Noise Control Officer
4.2.1 Studies
4.2.2 Education
4.2.3 Coordination and Cooperation
4.2.4 Review of Actions of Other Departments
4.2.5 Review of Public and Private Projects
4.2.6 Inspections
4.2.7 Records
4.2.8 Measurements by the Owner or Operator
4.2.9 Product Performance Standard Recommendations
4.2.10 Noise Sensitive Zone Recommendations
4.3 Duties Noise Control Officer
4.3.1 Standards, Testing Methods, and Procedures
4.3.2 Investigate and Pursue Violations
4.3.3 Delegation of Authority
4-3.4 Truck Routes and Transportation Planning
4.3.5 Capital Improvement Guidelines
4.3.6 Stale and Federal Laws and Regulations
4.3.7 Planning to Achieve Long Term
Noise Goals
4.3.8 Administer Grants, Funds and Gifts
4.3.9 Periodic Report
Article V Duties and Responsibilities of Other Departments 5
5.1 Departmental Actions
5.2 Departmental Cooperation
5.3 Departmental Compliance with Other Laws
5.4 Project Approval
5.5 Contracts
5.6 Low Noise Emission Products
5.7 Capital Improvement Program
Article VI Prohibited Acts 6
6.1 Noise Disturbances Prohibited
6.2 Specific Prohibitions
6.2.1 Radios, Television Sets, Musical Instruments and Similar Devices
6.2.2 Loudspeakers/Public Address Systems
6.2.3 Street Sales
6.2.4 Animals and Birds
6.2.5 Loading and Unloading
6.2.6 Construction
6.2.7 Vehicle or Motorboat Repairs and Testing
6.2.8 Airport and Aircraft Operations
6.2.9 Places of Public Entertainment
6.2.10 Explosives. Firearms and Similar Devices
6.2.11 Powered Model Vehicles
6.2.12 Vibration
6.2.13 Stationary Non-Emergency Signaling Devices
6.2.14 Emergency Signaling Devices
6.2.15 Motorboats
6.2.16 Noise Sensitive Zones
6.2.17 Domestic Power Tools
6.2.18 Tampering
Article VII Exceptions and Variances 8
7.1 Emergency Exception
7.2 Special Variances
7.3 Variances for Time to Comply
7.4 Appeals
Article VIII Sound Levels by Receiving Land Use 9
8.1 Maximum Permissible Sound Levels by Receiving Land Use
8.2 Correction for Character of Sound
8.3 Exemptions
Article IX Motor Vehicle Maximum Sound Levels 9
9.1 Motor Vehicles and Motorcycles on Public Rights-of-Way
9.1.1 Adequate Mufflers or Sound Dissipative Devices
9.1.2 Motor Vehicle Horns and Signaling Devices
9.1.3 Refuse Collection Vehicles
9.1.4 Standing Motor Vehicles
9.2 Recreational Motorized Vehicles Operating off Public Right-of-Way
Article X Land Use 10
10.1 General Provisions
10.2 Construction Restrictions for Habitable and Institutional Structures
10.3 Recreational Area Restrictions
10.4 Site Study Requirement
10.5 Commercial and Industrial Construction
10.6 Sound from New Roadways in Residential Areas
10.7 Equivalent Measurement Systems
10.8 Zoning Ordinance or Comprehensive Plan
10.9 Truth in Selling or Renting
10.10 Appeals
Article
XI Enforcement 12
11.1 Penalties
11.2 Abatement Orders
11.3 Notice of Violation
11.4 Immediate Threats to Health and Welfare
11.5 Citizen Suits
11.6 Other Remedies
11.7 Severability
11.8 Effective Date
List
of Tables
Table 1 Sound
Levels by Receiving Land Use 9
Table 2 Motor
Vehicle and Motorcycle
Sound
Limits 10
Table 3 Recreational
Motorized Vehicle
Sound
Limits 10
Table 4 Continuous
Sound Levels 13
Table 5 Impulsive
Sound Levels 13
Table 6 Provisions
Under Which Civil Actions
May
Be Commenced 13
ARTICLE
I Short Title
This
ordinance may be cited as the "Noise Control Ordinance of the (City/County)
of __________"
ARTICLE II Declarations of Findings and
Policy & Scope
2.1 Declaration of Findings and Policy
WHEREAS excessive sound
and vibration are a serious hazard to the public health and welfare, safety, and
the quality of life: and WHEREAS a substantial body of science and technology
exists by which excessive sound and vibration may be substantially abated: and,
WHEREAS the people have a right to and should be ensured an environment free
from excessive sound and vibration that may jeopardize their health or welfare
or safely or degrade the quality of life: and NOW, THEREFORE, it is the policy of
the (City/County) of __________ to prevent excessive sound and vibration which
may jeopardize the health and welfare or safety of its citizens or degrade the
quality of life.
2.2 Scope
This ordinance shall
apply to the control of all sound and vibration originating within the limits
of the (City/County) of __________
ARTICLE III Definitions
3.1 Terminology
All terminology used in
this ordinance not defined below, shall be in conformance with applicable publications
of the American National Standards institute (ANSI) or its successor body.
3.2.1 “A-Weighted Sound Level" Means
The sound pressure level
in decibels as measured on a sound level meter using the A-weighting network.
The level so read is designated dB(A) or dBA.
3.2.2 "Commercial Area" Means
[(As defined in the
community (comprehensive plan)/ (zoning ordinance)].
3.2.3 “Construction" Means
Any site preparation,
assembly, erection, substantial repair, alteration, or similar action, but
excluding demolition, for or of public or private rights-of-way, structures,
utilities or similar property.
3.2.4 “Day-Night Average Sound Level (Ldn)”
Means
The 24-hour energy
average of the A-weighted sound pressure level, with the levels during the
period 10:00 p.m. to 7:00 a.m. the following day increased by 10 dBA before averaging.
3.2.5 "Decibel (dB)” Means
A unit for measuring the
volume of a sound, equal to 20 times (the logarithm to the base 10 of the ratio
of the pressure of the sound measured to the reference pressure, which is 20
micropascals (20 micronewtons per square meter).
3.2.6 “Demolition" Means
Any dismantling,
intentional destruction or removal of structures, utilities, public or private
right-of-way surfaces, or similar property.
3.2.7 "Emergency" Means
Any occurrence or set or
circumstances involving actual or imminent physical trauma or property damage which
demands immediate action.
3.2.8 "Emergency Work" Means
Any work performed for the
purpose of preventing or alleviating the physical trauma or property damage
threatened or caused by an emergency.
3.2.9 " Noise Control Officer” Means
The municipal agency or
department having lead responsibility for this ordinance. (If no such agency is
designated, the term shall mean the municipal official having lead responsibility
for this ordinance.)
3.2.10 "Equivalent A-Weighted Sound Level (Leq)"
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 the purposes of this ordinance, a
time period of 24 hours shall be used, unless otherwise specified.]
3.2.11 “Gross Vehicle Weight Rating (GVWR) Means
The value specified by
the manufacturer as the recommended maximum loaded weight of a single motor vehicle.
In cases where trailers and tractors arc separable, the gross combination
weight rating (GCWH), which is the value specified by the manufacturer as the
recommended maximum loaded weight of the combination vehicle shall be used.
3.2.12 “Impulsive Sound" Means
Sound of short duration, usually
less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound
include explosions, drop forge impacts, and the discharge of firearms.
3.2.13 “Industrial Area” Means
[(As defined in the
community (comprehensive plan)/ (zoning ordinance)].
3.2.14 “Motor Carrier Vehicle Engaged in Interstate Commerce” Means
Any **** for which
regulations **** pursuant to Section 18 of the Federal Noise Control Act of
1972(P.L. 72-***), as amended, pertaining to motor carriers engaged in
interstate commerce.
3.2.15 “Motor Vehicle” Means
As defined in the motor
vehicle code of this state. [Any vehicle which is propelled or drawn on land by
a motor, such is, but not limited to, passenger cars, trucks, truck-trailers,
semi-trailers, campers, go-carts, amphibious craft on land, **** ****, or
racing vehicles, but **** **** motorcycles.]
3.2.16 “Motorboat” Means
Any vessel which operates
on water and **** is propelled by a motor, including but not limited to, boats,
barges, amphibious craft, water ski **** devices and hover craft.
3.2.17 “Motorcycle” Means
As defined in the motor
vehicle code of this state. [An unenclosed motor vehicle having a saddle for
the use of the operator and two or three wheels in contact with the ground,
including but not limited to, motor scooters and mini-bikes.]
3.2.18 “Muffler or Sound Dissipative Device” Means
A device for abating
sound of escaping gases of an internal combustion engine.
3.2.19 “Noise” Means
Any sound which annoys or
disturbs humans or which causes or tends to cause an adverse psychological or
physiological effect on humans.
3.2.20 “Noise Disturbance” Means
Any sound which (a)
endangers or **** the safety or health of humans or animals; or (b) annoys or
disturbs a reasonable person of normal sensitivities; or (c) endangers or
injures personal or real property.
3.2.21 “Noise Sensitive Zone” Means
Any area designated
pursuant to Section **** of this ordinance for the purpose of ensuring
exceptional quiet.
3.2.22 “Person" Means
Any individual, association,
partnership, or corporation, and includes any officer, employee, department,
agency or instrumentality of a State or any political subdivision of a State.
3.2.23 “Powered Model Vehicle" Means
Any self-propelled
airborne, waterborne, or land borne plane, vessel, or vehicle, which is not
designed to carry persons, including, but not limited to any model airplane,
boat, car, or rocket.
3.2.24 "Public Right-of-Way" Means
Any street, avenue, boulevard,
highway, sidewalk or alley or similar place which is owned or controlled by a governmental
entity.
3.2.25 "Public Space" Means
Any real property or
structures thereon which are owned or controlled by a governmental entity.
3.2.26 “Pure Tone" Means
Any sound which can be
distinctly heard as a single pitch or a set of single pitches. For the purposes
of this ordinance, a pure tone shall exist if the one‑third octave band
sound pressure level in the band with the tone exceeds the arithmetic average of
the sound pressure levels of the two contiguous one-third octave bands by 5 dB
for center frequencies of 500 Hz and above and by 8 dB for center frequencies
between 160 and 400 Hz and by 15 dB for center frequencies less than or equal
to 125 Hz.
3.2.27 "Real Property Boundary" Means
An imaginary line along the
ground surface, and its vertical extension, which separates the real property owned
by one person from that owned by another person, but not including intra-building
real property divisions.
3.2.28 "Residential Area" Means
[(As defined in the
community (comprehensive plan)/ (zoning ordinance)].
3.2.29 "RMS Sound Pressure" Means
The square root of the time
averaged square of the sound pressure, denoted Prms
3.2.30 "Sound" Means
An oscillation in
pressure, particle displacement, particle velocity or other physical parameter,
in a medium with internal forces that causes compression and rarefaction of
that medium. The description of sound may include any characteristic of such
sound, including duration, intensity and frequency.
3.2.31
"Sound Level” Means
The weighted sound
pressure level obtained by the use of a sound level meter and frequency‑weighting
network, such as A or C, as specified in the American National Standards Institute
specifications for sound level meters (ANSI S1.4‑1971), or the latest approved
revision thereof. If the frequency weighting employed is not indicated, the A-weighting
shall apply.
3.2.32 “Sound Level Meter” Means
An instrument which
includes a microphone, amplifier, RMS detector, integrator or time averaging
device, output meter, and weighting networks used to measure sound pressure
levels.
3.2.33 “Sound Pressure” Means
The instantaneous
difference between the actual pressure and the average or barometric pressure of
a given point in space, as produced by sound energy.
3.2.34 “Sound Pressure Level” Means
20 times the logarithm to
the base 10 of the ratio of the RMS sound pressure to the reference pressure of
20 micropascals (20x10µN/m). The sound pressure level is denoted Lp,
or SPL and is expressed in decibels.
3.2.35 “Vibration” Means
An oscillatory motion of
solid bodies of deterministic or random nature described by displacement,
velocity, or acceleration with respect to a given reference point.
3.2.36 "Weekday" Means
Any day Monday through Friday
which is not a legal holiday.
ARTICLE IV Powers and Duties of the Noise
Control Officer (NCO)
4.1 Lead (Agency/Official)
The noise control program
established by this ordinance shall be administered by (title of municipal
agency or lead official).
4.2 Powers of the Noise Control Officer (NCO)
In order to implement and
enforce this ordinance and for the general purpose of sound and vibration abatement
and control, the NCO shall have, in addition to any other authority vested in
it, the power to:
4.2.1 Studies
Conduct, or cause to be
conducted, research, monitoring, and other
studies related to sound and vibration.
4.2.2 Education
(a) Conduct
programs of public education regarding:
(1) the causes,
effects and general methods of abatement and control of noise and vibration;
and, (2) the actions prohibited by this ordinance and the procedures for
reporting violations; and (b) encourage the participation of public
interest groups in related public information efforts.
4.2.3 Coordination and Cooperation
(a) Coordinate the
noise and vibration control activities of all municipal departments;
(b) Cooperate to
the extent practicable with all appropriate State and Federal agencies;
(c) Cooperate or
combine to the extent practicable with appropriate county and municipal
agencies; and,
(d) Enter into
contracts [with the approval of the (appropriate authority)] for the provision
of technical and enforcement services.
4.2.4 Review of Actions of Other Departments
Request any other
department or agency responsible for any proposed or final standard, regulation
or similar action to consult on the advisability of revising the action, if
there is reason to believe that the action is not consistent with this
ordinance.
4.2.5 Review of Public and Private Protects
Review public and private
projects, subject to mandatory review or approval by other departments, for compliance
with this ordinance, if such projects are likely to cause sound or vibration in
violation of this ordinance.
4.2.6 Inspections
(a) Upon
presentation of proper credentials, enter and inspect any private property or
place, and inspect any report or records at any reasonable time when granted
permission by the owner, or by some other person with apparent authority to act
for the owner. When permission is refused or cannot be obtained, a search
warrant may be obtained from a court of competent jurisdiction upon showing of
probable cause to believe that a violation of this ordinance may exist. Such
inspection may include administration of any necessary tests.
((b) Stop any
motor vehicle, motorcycle, or motorboat operated on a public right-of-way, public
space, or public waterway reasonably suspected of violating any provision of
this ordinance, and issue a notice of violation or abatement order which may require
the motor vehicle, motorcycle or motorboat to be inspected or tested as the
Noise Control Officer may reasonably require.]
4.2.7 Records
Require the owner or
operator of any commercial or industrial activity to establish and maintain
records and make such reports as the NCO may reasonably prescribe.
4.2.8 Measurements by the Owner or Operator
Require the owner or
operator of any commercial or industrial activity to measure the sound level of
or the vibration from any source in accordance with the [published] methods and
procedures and at such locations and times as the NCO may reasonably prescribe
and to furnish reports of the results of such measurements to the NCO. The NCO
may require the measurements to be conducted in the presence of its enforcement
officials.
4.2.9 Product Performance Standard Recommendations
(a) Develop and
recommend for promulgation (to the appropriate authority) provisions regulating
the use and operation of any product, including the specification of maximum allowable
sound emission levels of such product.
((b) Develop and
recommend for promulgation (to the appropriate authority) provisions
prohibiting the sale of products which do not meet specified sound emission
levels, where the sound level of the product is not regulated by the United
States Environmental Protection Agency under Section 6 of the Noise Control Act
of 1972.]
4.2.10 Noise Sensitive Zone Recommendations
Prepare recommendations,
to be approved by (the appropriate authority), for the designation of noise
sensitive zones which contain noise sensitive activities. Existing quiet zones
shall be considered noise sensitive zones until otherwise designated. Noise sensitive activities include, but are
not limited to, operations of schools, libraries open to the public, churches, hospitals,
and nursing homes.
4.3 Duties of Noise Control Officer (NCO)
In order to implement and
enforce this ordinance effectively, the NCO shall within a reasonable time after
the effective date of the ordinance:
4.3.1 Standards, Testing Methods, and Procedures
Develop, [recommend to the
appropriate authority.] and promulgate standards, testing methods and procedures.
4.3.2 Investigate and Pursue Violations
In consonance with
Section 4.2.6, Article XI, and other provisions of this ordinance, investigate
and pursue possible violations of this ordinance.
4.3.3 Delegation of Authority
Delegate functions, where
appropriate under this ordinance, to personnel within the NCO and to other agencies
or departments, (subject to approval of ................).
4.3.4 Truck Routes and Transportation Planning
(a) Study the
existing transportation systems, such as truck routes within the community;
determine areas with sensitivity to sound and vibration caused by
transportation; recommend changes or modifications to transportation systems to
minimize the sound and vibration impact on residential areas and noise
sensitive zones
(b) Assist in or
review the total transportation planning of the community, including planning
for new roads and highways, bus routes, airports, and other systems for public transportation,
to ensure that the impact of sound and vibration receives adequate
consideration.
4.3.5 Capital Improvement Guidelines
Establish noise
assessment guidelines for the evaluation of proposed improvements for the
capital improvements budget and program pursuant to Section 5.5. These
guidelines shall assist in the determination of the relative priority of each
improvement in terms of noise impact.
4.3.6 State and Federal Laws and Regulations
(a) Prepare and
publish [with the approval of ............] a list of those products
manufactured to meet specified noise emission limits under Federal, State, or
community law for which "tampering" enforcement will be conducted;
and.
(b) Make
recommendations for modifications or amendments to this ordinance to ensure
consistency with all Stale and Federal law; and regulations.
4.3.7 Planning
to Achieve Long Term Noise Goals
[Develop a generalized
sound level map of the (city/county), a long term plan for achieving quiet in
the (city/county), and [with the approval of ...............] integrate this
plan into the planning process of the (city/county).]
4.3.8 Administer Grants. Funds and Gifts
Administer noise program
grams and other funds and gifts from public and private sources, including the
State and Federal governments.
4.3.9 Periodic
Report
[Evaluate and report,
every ........ year(s) following the effective date of this ordinance, on the
effectiveness of the (city/county) noise control program and make
recommendations for any legislative or budgetary changes necessary to improve
the program. This report shall be made to the (Noise Control Advisory Board)/ (appropriate
authority) which may amend it after consultation with the NCO, and then submit
it to the (appropriate authority), for approval.]
ARTICLE V Duties and Responsibilities of Other
Departments
5.1 Departmental Actions
All departments and
agencies shall, to the fullest extent consistent with other law, carry out their
programs in such a manner as to further the policy of this ordinance.
5.2 Departmental Cooperation
All departments and
agencies shall cooperate with the NCO to the fullest extent in enforcing this
ordinance.
5.3 Departmental Compliance with Other Laws
All departments and
agencies shall comply with Federal and Stale laws and regulations and the
provisions and intent of this ordinance respecting the control and abatement of
noise to the same extent that any person is subject to such laws and regulations.
5.4 Project Approval
All departments whose duty
it is to review and approve new projects or changes to existing projects that
result, or may result, in the production of sound or vibration shall consult with
the NCO prior to any such approval.
5.5 Contracts
Any written contract,
agreement, purchase order, or other instrument whereby the (city/county) a committed
to the expenditure of ....... dollars or more in return for goods or services
shall contain provisions requiring compliance with this ordinance.
5.6 Low Noise Emission Products
Any product which has been
certified by the Administrator of the United States Environmental Protection Agency pursuant to Section 15 of
the Noise Control Act as a low noise emission product and which he determines
is suitable for use as a substitute, shall be procured by the city/county and
used in preference to any other product, provided that such certified product
is reasonably available and has a procurement cost which is not more than (125)
percent of the least expensive type of product for which it is certified as a substitute.
5.7 Capital Improvement Program
All departments
responsible for a capital improvements budget and program shall prepare an
analysis of the noise impact of any proposed improvements in accordance with
noise assessment guidelines established by the NCO pursuant to Section 4.3.5.
Proposed capital improvements include land acquisition, building construction,
highway improvements, and utilities and fixed equipment installation.
ARTICLE VI Prohibited Acts
6.1 Noise Disturbances Prohibited
No person shall
unreasonably make, continue, or cause to be made, or continued, any noise
disturbance. Non-commercial public speaking and public assembly activities
conducted on any public space or public right-of-way shall be exempt from the
operation of this Section.
6.2 Specific Prohibitions
The following acts, and
the causing thereof, are declared to be in violation of this ordinance:
6.2.1 Radios, Television Sets, Musical Instruments
and, Similar Devices
Operating, playing or
permitting the operation or playing of any radio, television, phonograph, drum,
musical instrument, sound amplifier, or similar device which produces, reproduces,
or amplifies sound:
(a) Between the
hours of ......p.m. and ...... a.m. the following day in such a manner as to
create a noise disturbance across a real property boundary or within a noise
sensitive zone. [Except for activities open to the public and for which a
permit has been issued by (appropriate authority) according to criteria set
forth in ............];
(b) In such a
manner as to create a noise disturbance at 50 feet (15 meters) from such
device, when operated in or on a motor vehicle on a public right-of-way or
public space, or in a boat on public waters, or;
(c) In such a
manner as to create a noise disturbance to any person other than the operator
of the device, when operated by any passenger on a common carrier;
(d) This section
shall not apply to non-commercial spoken language covered under Section 6.2.2.
6.2.2 Loudspeakers/Public Address Systems
(a) Using or
operating for any non-commercial purpose any loudspeaker public address system, or similar device
between the hours of 10:00 p.m. and 8:00 a.m. the following day, such that the
sound there from creates a noise disturbance across a residential real property
boundary or within a noise sensitive zone.
(b) Using or
operating for any commercial purpose any loudspeaker, public address system, or
similar device **** such that the sound there from creates a noise disturbance
across a real property boundary or within a noise sensitive zone: or (2)
between the hours of ….... p.m. and ....... a.m. the following day on a public
right-of-way or public space.
6.2.3 Street Sales
Offering for sale or
selling anything by shouting or outcry within any residential or commercial
area of the **** county (except by permit issued by (appropriate authority)
according to criteria set forth in ...... and/or except between the hours of
... .a.m. and ….. p-m.].
6.2.4 Animals and Birds
Owning possessing or
harboring any animal or bird which frequently or for continued duration, howls,
barks, **** squawks, or makes other sounds which create a noise disturbance across
a residential real property boundary or within a noise sensitive zone. [This
provision shall not apply to public zoos.]
6.2.5 Loading and Unloading
Loading, unloading,
opening, closing or other handling of boxes, crates, containers, building
materials, garbage cans, or similar objects between the hours of ..... p.m. and
..... a.m. the following day in such a manner as to cause a noise disturbance
across a residential real property boundary or within a noise sensitive zone.
6.2.6 Construction
Operating or permitting
the operation of any tools or equipment used in construction, drilling, or
demolition work:
(a) Between the
hours of ..... p.m. and ...... a.m. the following day on weekdays or at any
time on (Sundays/weekends) or holidays, such that the sound there from creates
a noise disturbance across a residential real property boundary or within a noise
sensitive zone, except for emergency work of public service utilities or by
special variance issued pursuant to Section 7.2;
(b) At any other
time such that the sound level at or across a real property boundary exceeds an
Leq, of ..... dBA for the daily period of operation.
(c) This section
shall not apply to the use of domestic power tools subject to Section 6.2.17.
6.2.7 Vehicle or Motorboat Repairs and Testing
Repairing, rebuilding,
modifying, or testing any motor vehicle, motorcycle, or motorboat in such a
manner as to cause a noise disturbance across a residential real property
boundary or within a noise sensitive zone.
6.2.8 Airport and Aircraft Operations
(a) The NCO shall
consult with the airport proprietor to recommend changes in airport operations
to minimize any noise disturbance which the airport owner may have authority to
control in its capacity as proprietor.
(b) Nothing in
this section shall be construed to prohibit, restrict, penalize, enjoin or in
any manner regulate the movement of aircraft which are in all respects,
conducted in accordance with, or pursuant to applicable Federal Laws or
regulations.
6.2.9 Places of Public Entertainment
Operating, playing or
permitting the operation or playing of any radio, television, phonograph, drum,
musical instrument, sound amplifier, or similar device which produces, reproduces,
or amplifies sound in any place of public entertainment at a sound level
greater than ..... dBA as read by the slow response on a sound level meter at any
point that is normally occupied by a customer, unless a conspicuous and legible
sign is located outside such place, near each public entrance, slating
"WARNING: SOUND LEVELS WITHIN MAY
CAUSE PERMANENT HEARING IMPAIRMENT."
6.2.10 Explosives, Firearms, and Similar Devices
The use or firing of
explosives, firearms, or similar devices which create impulsive sound so as to
cause a noise disturbance across a real property boundary or on a public space
or right-of-way, without first obtaining a special variance issued pursuant to Section
7.2. [Such permit need not be obtained for licensed game-hunting activities on
property where such activities are
authorized.]
6.2.11 Powered Model Vehicles
Operating or permitting
the operation of powered model vehicles so as to create a noise disturbance
across a residential real property boundary, in a public space or within a
noise sensitive zone between the hours of ..... p.m. and ..... a.m. the following day. Maximum sound
levels in a public space during the permitted period of operation shall conform
to those set forth for residential land use in Table 1 of Section 8.1 and shall
be measured at a distance of ...... feet (meters) from any point on the path of
the vehicle. Maximum sound levels for residential property and noise sensitive
zones, during the permitted period of operation, shall be governed by Section
8.1 and Section 6.2.16, respectively.
6.2.12 Vibration
Operating or permitting
the operation of any device that creates vibration which is above the vibration
perception threshold of an individual at or beyond the property of the source
if on private property or at ...... feet (meters) from the source if on a public
space or public right-of-way. For the purposes of this section, "vibration
perception threshold" means the minimum ground or structure-borne vibratory
motion necessary to cause a normal person to be aware of the vibration by such
direct means as, but not limited to sensation by touch or usual observation of
moving objects.
6.2.13 Stationary Non-Emergency Signaling Devices
(a) Sounding or
permitting the sounding of any [electronically-amplified] signal from any
stationary bell, chime, siren, whistle, or similar device, intended primarily
for non-emergency purposes, from any place, (for more than ...... minutes in
any hourly period.]
[(b) Devices used
in conjunction with places of religious worship shall be exempt from the
operation of this provision.]
[(c) Sound sources
covered by this provision and not exempted under subsection (b) shall be
exempted by (appropriate authority) using criteria set forth in Section 7.2.]
6.2.14 Emergency Signaling Devices
(a) The
intentional sounding or permitting the sounding outdoors of any fire, burglar,
or civil defense alarm, siren, whistle or similar stationary emergency
signaling device, except for emergency purposes or for testing, as provided in
Subsection (b).
(b)(i) Testing of
a stationary emergency signaling device shall occur at the same time of day
each time such a test is performed, but not before ..... a.m. or after ..... p.m.
Any such testing shall use only the minimum cycle test time. In no case shall such
test time exceed ...... seconds.
(b)(ii) Testing of
the complete emergency signaling system, including the functioning of the
signaling device and the personnel response to the signaling device, shall not
occur more than once in each calendar month. Such testing shall not occur
before ..... a.m. or after ..... p.m. The time limit specified in subsection
(i) shall not apply to such complete system testing.
[(c) Sounding or
permitting the sounding of any exterior burglar [or fire] alarm or any motor
vehicle burglar alarm unless such alarm is automatically terminated within ....
minutes of activation. [This action shall not be interpreted to apply to .......
alarms.]]
6.2.15 Motorboats
Operating or permitting
the operation of any motorboat in any lake, river, stream, or other waterway in
such manner as to exceed a sound level of ........ dBA at 50 feet (15 meters) or
the nearest shoreline, whichever distance is less.
6.2.16 Noise Sensitive Zones
(a) Creating or
causing the creation of any sound within any noise sensitive zone designated
pursuant to Section 4.2.10, so as to disrupt the activities normally conducted
within the zone, provided that
conspicuous signs are displayed indicating the presence of the zone; or
(b) Creating or
causing the creation of any sound within any noise sensitive zone, designated
pursuant to Section 4.2.10, containing a hospital, nursing home. or similar
activity, so as to interfere with the functions of such activity or disturb or
annoy the patients in the activity, provided that conspicuous signs are
displayed indicating the presence of the zone.
6.2.17 Domestic Power Tools
Operating or permitting
the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden
tool, snow blower, or similar device used outdoors in residential areas between
the hours or ..... p.m. and ..... a.m. the following day so as to cause a noise
disturbance across a residential real property boundary.
6.2.18 Tampering
The following acts or the
causing thereof are prohibited:
(a) The removal or
rendering inoperative by any person other than for purposes of maintenance,
repair, or replacement, of any noise control device or element of design or
noise label of any product identified under Section 4.3.6. The NCO may, by
regulation, list those acts which constitute violation of this provision.
[(b) The
(intentional) moving or rendering inaccurate or inoperative of any sound
monitoring instrument or device positioned by or for the NCO, provided such
device or the immediate area is clearly labeled, in accordance with NCO regulations,
to warn of the potential illegality.]
(c) The use of a
product, identified under Section 4.3.6, which has had a noise control device
or element of design or noise label removed or rendered inoperative, with
knowledge that such action has occurred.
ARTICLE VII Exceptions
and Variances
7.1 Emergency Exception
The provisions of this
ordinance shall not apply to; (a) the emission of sound for the purpose
of alerting persons to the existence of an emergency, or
(b) the emission
of sound in the performance of emergency work
7.2 Special Variances
(a) The (NCO)/(Hearing
Board) shall have the authority, consistent with this section, to grant special
variances which may be requested pursuant to Sections 6.2.6 (Construction) and
6.2.10 (Explosives, Firearms, and Similar Devices).
(b) Any person
seeking a special variance pursuant to this section shall file an application
with the (NCO)/(Hearing Board). The application shall contain information which
demonstrates that bringing the source of sound or activity for which the
special variance is sought into compliance with this ordinance would constitute
an unreasonable hardship on the applicant, on the community, or on other
persons. [Notice of an application for a special variance shall be published
according to (Jurisdictional procedure).] Any individual who claims to be
adversely affected by allowance of the special variance may file a statement
with the (NCO)/(Hearing Board) containing any information to support his claim.
If the (NCO)/(Hearing Board) finds that a sufficient controversy exists regarding
an application, a public hearing may be held.
(c) In determining
whether to grant or deny the application, the (NCO)/(Hearing Board) shall
balance the hardship to the applicant, the community, and other persons of not granting
the special variance against the adverse impact on the health, safety, and welfare
of persons affected, the adverse impact on property affected, and any other
adverse impacts of granting the special variance. Applicants for special
variances and persons contesting special variances may be required to submit
any information the (NCO)/(Hearing board) may reasonably require. In granting
or denying an application, the (NCO)/(Hearing Board) shall place on public file
a copy of the decision and the reasons for denying or granting the special
variance.
(d) Special
variances shall be granted by notice to the applicant containing all necessary
conditions, including a time limit on the permitted activity. The special
variance shall not become effective until all conditions are agreed to by the
applicant. Noncompliance with any condition of the special variance shall
terminate it and subject the person holding it to those provisions of this
ordinance regulating the source of sound or activity for which the special variance
was granted, including enforcement actions.
(e) Application
for extension of time limit specified in special variances or for modification
of other substantial conditions shall be treated like applications for initial
special variances under subsection (b).
(f) The (NCO)/(Hearing
Board) may issue guidelines [approved by ................] defining the
procedures to be followed in applying for a special variance and the criteria
to be considered in deciding whether to grant a special variance.
7.3 Variances for Time to Comply
(a) Within ......
days following the effective date of this ordinance, the owner of any
commercial or industrial source of sound may apply to the (NCO)/(Hearing Board)
for a variance in time to comply with Section 6.2.12 (Vibration) or Article VIII.
The (NCO)/(Hearing Board) shall have
the authority, consistent with this section, to grant a variance, not to exceed
...... days from the effective date of this ordinance.
(b) Any person
seeking a variance in time to comply shall file an application with the (NCO)/(Hearing
Board). The application shall contain information which demonstrates that bringing
the source of sound or activity for which the variance is sought into
compliance with this ordinance prior to the date requested in the application
would constitute an unreasonable hardship on the applicant, on the community,
or on other persons. [Notice of an application for a variance in time to comply
shall be published according to (jurisdictional procedure).] Any individual who
claims to be adversely affected by allowance of the variance in time to comply
may file a statement with the (NCO)/(Hearing Board) containing any information
to support their claim. If the (NCO)/(Hearing Board) finds that a sufficient
controversy exists regarding an application, a public hearing may be held.
(c) In determining
whether to grant or deny the application, the (NCO)/(Hearing Board) shall
balance the hardship to the applicant, the community, and other persons of not granting
the variance in time to comply, against the adverse impact on health, safety,
and welfare of persons affected, the adverse impact on property affected, and
any other adverse impacts of granting the variance. Applicants for variances in
time to comply and persons contesting variances may be required to submit any
information the (NCO)/(Hearing Board) may reasonably require. In granting or
denying an application, the (NCO)/(Hearing Board) shall place on public file a copy
of the decision and the reasons for denying or granting the variance in time to
comply.
(d) Variances in
time to comply shall be granted to the applicant containing all necessary
conditions, including a schedule for achieving compliance. The variance in time
to comply shall not become effective until all conditions are agreed to by the
applicant. Noncompliance with any condition of the variance shall terminate the
variance and subject the person holding it to those provisions of this
ordinance for which the variance was granted.
(e) Application
for extension of time limits specified in variances in time to comply or for
modification of other substantial conditions shall be treated like applications
for initial variances under subsection (b), except that the (NCO)/(Hearing
Board) must find that the need for the extension or modification clearly
outweighs any adverse impacts of granting the extension or modification.
(f) The (NCO)/(Hearing Board) may issue guidelines
[approved by ..............] defining the procedures to be followed in applying
for a variance in time to comply and the criteria to be considered in deciding
whether to grant a variance.
7.4 Appeals
Appeals of an adverse
decision of the (NCO)/(Hearing Board) shall be made to the (appropriate court
of law). Review of the court shall be (de novo)/ (limited to whether the decision
is supported by substantial evidence)/(as specified by the ............).
ARTICLE VIII Sound Levels by Receiving Land
Use
8.1 Maximum Permissible Sound Levels
No person shall operate
or cause to be operated on private property any source of sound in such a
manner as to create a sound level which exceeds the limits set forth for the
receiving land use category in Table 1 when measured at or within the property boundary
of the receiving land use.
TABLE
1
SOUND LEVELS BY RECEIVING LAND USE
Receiving
Land Use Sound Level
Category Time Limit
(dBA)
R-l,
R-2, etc. (A) a.m. to (B) p.m. Leq
(Residential,
Public Space, (A) a.m. to Leq
Open
Space, Agricultural or (B) p.m.
Institutional)
C-l, C-2,
etc. At All Times Leq
B-l,
B-2, etc.
(Commercial
or Business)
M-1, M-2,etc.
At All Times Leq
(Industrial)
8.2 Correction for Character of Sound
For any source of sound
which emits a pure tone or impulsive sound, the maximum sound level limits set
forth in Section 8.1 shall be reduced by ........... dBA.
8.3 Exemptions
The provisions of this
article shall not apply to:
(a) Activities
covered by the following Sections: 6.2.6 (Construction), 6.2.8 (Aircraft and
Airport Operations), 6.2.10 (Explosives. Firearms, and Similar Devices), 6.2.13
(Stationary Non‑emergency Signaling Devices), 6.2.14 (Emergency Signaling
Devices), 6.2.15 (Motorboats), 6.2.17 (Domestic Power Tools), 9.1.3 (Refuse Collection
Vehicles), 9.2 (Recreational Motorized Vehicles Operating Off Public Rights-of-way);
(b) the un-amplified
human voice;
(c) interstate
railway locomotives and cars; and
[(d) (non-stationary
farming equipment)/(all agricultural activities)]
ARTICLE IX Motor Vehicle Maximum Sound
Levels
9.1 Motor Vehicles and Motorcycles on Public
Rights-of-way
No person shall operate
or cause to be operated a public or private motor vehicle or motorcycle on a
public right-of-way at any time in such a manner that the sound level emitted by
the motor vehicle or motorcycle exceeds the level set forth in Table 2.
TABLE
2
MOTOR VEHICLE AND
MOTORCYCLE SOUND LIMITS
(MEASURED AT 50 FEET OR 15 METERS)
Sound Level Limit in dBA
Speed Limit
35 mph Over Stationary
Vehicle
Class or Less 35 mph Run-up
Motor
Carrier Vehicle 86 90 88
engaged
in interstate
commerce
of GVWR
or
GCWR of 10,000 lbs
or
more
All
other motor vehicles A B -
of
GVWR or GCWR of
10,000
lbs or more
Any
Motorcycle C D -
Any
other motor vehicle E F -
or
any combination of
vehicles
towed by any
motor
vehicle
9.1.1 Adequate Mufflers or Sound Dissipative
Devices
(a) No person
shall operate or cause to be operated any motor vehicle or motorcycle not
equipped with a muffler or other sound dissipative device in good working order
and in constant operation:
(b) No person
shall remove or render inoperative, or cause to be removed or rendered
inoperative, other than for purposes of maintenance, repair, or replacement,
any muffler or sound dissipative device on a motor vehicle or motorcycle;
(c) The NCO may,
by (guidelines) (regulations subject to approval by ..............), list those
acts which constitute violation of this section.
9.1.2 Motor Vehicle Horns and Signaling Devices
The following acts and
the causing thereof are declared to be in violation of this ordinance:
(a) The sounding
of any horn or other auditory signaling device on or in any motor vehicle on
any public right-of-way or public space, except (as a warning of danger)/(as
provided in the vehicle code).
[(b) The sounding
of any horn or other auditory signaling device which produces a sound level in
excess of ..... dBA at ..... feet
(meters).]
9.1.3 Refuse Collection Vehicles
No person shall;
(a) On or after (2
years) following the effective date of this ordinance, operate or permit the
operation of the compacting mechanism of any motor vehicle which compacts
refuse and which creates, during the compacting cycle, a sound level in excess
of ….. dBA when measured at ...... feet (meters) from any point on the vehicle:
or
(b) Operate or
permit the operation of the compacting mechanism of any motor vehicle which
compacts refuse, between the hours of ...... p.m. and ...... a.m. the following
day in a residential area or noise sensitive zone: or
(c) Collect refuse
with a refuse collection vehicle between the hours of ...... p.m. and ......
a.m. the following day in a residential area or noise sensitive zone.
9.1.4 Standing Motor Vehicles
No person shall operate
or permit the operation of any motor vehicle with a gross vehicle weight rating
(GVWR) in excess of ten thousand (10,000) pounds, or any auxiliary equipment
attached to such a vehicle, for a period longer than ...... minutes in any hour
while the vehicle is stationary, for reasons other than traffic congestion, on
a public right‑of‑way or public space within 150 feet (46 meters)
of a residential area or designated noise sensitive zone. between the hours of
...... p.m. and ...... a.m. the following day.
9.2 Recreation Motorized Vehicles Operating
Off Public Rights-of-way
(a) [Except as
permitted in subsection (b) or (c),] no person shall operate or cause to be
operated any recreational motorized vehicle off a public right-of-way in such a
manner that the sound level emitted there from exceeds the limits set forth in Table
3 at a distance of 50 feel (15 meters) or more from the path of the vehicle
when operated on a public space or at or across the boundary of private property
when operated on private property This section shall apply to all recreational
motorized vehicles, whether or not duly licensed and registered, including, but
not limited to, commercial or non‑commercial racing vehicles,
motorcycles, go‑carts, snowmobiles, amphibious craft, campers and dune buggies,
but not including motorboats.
[(b) Permits for new
vehicle racing events may be obtained from the (appropriate authority)
according to procedures and criteria set forth in ................]
[(c) Special
variances for ..... may be obtained from. (appropriate authority) according to
procedure and criteria set forth in ...............]
TABLE
3
RECREATIONAL MOTORIZED
VEHICLE SOUND LIMITS
(MEASURED AT 50 FEET OR I5 METERS)
Vehicle Type Sound Level, dBA
Snowmobile A
Motorcycle B
Any Other Vehicle C
ARTICLE X Land Use
10.1 General Provisions
(a) No owner of
any land shall commence or cause to be commenced the construction of any
structure covered by Sections 10.2. 10.3. 10.5 or 10.6 unless approved by the NCO
as provided in this Article.
(b) Any
application for approval required by this Article shall be submitted in writing
to the NCO, with a copy to the (Building Department)/ (Appropriate Department),
by the owner of the land on which the Structure is proposed to be constructed
and shall contain the following information:
(1) identification
of the land on which the construction is proposed:
(2) the section of
this Article under which approval is requested;
(3) information
and data supporting the claim that the appropriate requirements will be met;
and,
(4) any other
information which the NCO may reasonably require.
10.2 Construction Restrictions for Habitable and
Institutional Structures
(a) Except as
provided in subsection (c), no new single family residential structure shall be
approved for construction (excluding substantial repair or alteration) if the
exterior day-night average sound level (Ldn) anywhere on the site of
the proposed structure is projected to be in excess of …... dBA within ......
years following the estimated completion date of the structure.
(b) Except as
provided in subsection (c), no new multiple-family residence, dormitory, mobile
home park, transient lodging, school, hospital, nursing home or similar
structure, or substantial modification of such existing structure, shall be
approved for construction if the exterior day-night average sound level (Ldn)
anywhere on the site of the proposed structure is projected to be in excess of ......
dBA within ..... years following the estimated completion date of the structure
or modification.
(c) Construction
otherwise prohibited pursuant to subsections (a) or (b) shall be allowed if the
exterior day‑night average sound level (Ldn) on the site of the
proposed structure is projected not to be in excess of ..... dBA for ...... years following construction,
provided that there is incorporated into the design and construction of the
structure such sound attenuation measures as are necessary to reduce the
maximum interior day-night average sound level (Ldn) to ...... dBA.
Subsections (a) and (b) shall not apply to any site development plan or its
equivalent on which four or fewer dwelling units are to be constructed.
(d) Prior to
issuance of any occupancy permit for any structure regulated pursuant to
subsection (c), the owner of the structure shall submit for NCO review the
report of an independent testing agency [approved by the NCO] certifying that
sound attenuation measures have been property incorporated into the design and
construction of the structure and that the interior Ldn meets the
criterion specified in subsection (c). Such report shall contain the results of
simultaneous measurements of the exterior and interior day-night average sound
levels for a representative sample of locations.
(e) The NCO may
conduct such inspections and measurements as are necessary to ensure the accuracy
of any report submitted pursuant to subsection (d) and to ascertain compliance
with this section. These may include on-site inspections by a certified
independent testing agency during specified periods of construction.
10.3 Recreational Area Restrictions
(a) Except as
provided in subsections (b), (c), and (d) no land shall be designated or
approved for construction or use as a public or private exterior recreational area,
including, but not limited to, child playgrounds, outdoor theaters and
amphitheaters, picnic grounds, tennis courts and swimming pools, if the
exterior day-night average sound level (Ldn) anywhere on the site of
the proposed recreational area is projected to be in the excess of ........ dBA
within ...... years following the construction or designation of the site.
(b) This section
shall not apply to the designation or approval of any green belt or open space
in any area in which the Ldn exceeds the level specified in
subsection (a) regardless of whether such green belt or open space is open to
public use, provided that no recreational improvement or facility is
constructed thereon.
(c) Designation or
approval of exterior recreational areas otherwise prohibited under subsection
(a) shall be allowed if the Ldn specified in that subsection can be
achieved by appropriate means of sound attenuation, such as berms, barriers, or
buildings, at the perimeter of or elsewhere on the site.
(d) No new
interior recreational facility, including, but not limited to, gymnasiums, ice
or roller skating rinks, indoor swimming pools, and tennis courts, shall be
approved for construction if the exterior day-night average sound level
anywhere on the site is projected to be in excess of ...... dBA within ...... years following the estimated date of
completion of the structure unless there is incorporated into the design and construction
of the structure such sound attenuation measures as are necessary to reduce the
maximum interior day-night average sound level (Ldn) to ...... dBA.
10.4 Site Study Requirement
(a) If the NCO has
reason to believe that a full report is necessary to determine whether a proposed
project is prohibited under Section 10.l such report shall be made by the applicant
prior to approval of any subdivision, zoning, or building permit application.
(If a full report has not been made and the applicant believes the project was
wrongfully prohibited under Section 10.1, he may file a full report within ……
days of the NCO decision and request reconsideration by the NCO. A full report
shall contain the following information and any other information which the NCO
may reasonably require:
(1) the existing
day-night average sound levels Ldn, including identification of the
major sources of sound, for a representative sample of locations measured in
accordance with guidelines published by the NCO;
(2) any projected
or proposed new or expanded sources of sound which may affect exposure of the
site during ...... years following completion of the project and the projected
future Ldn, at the site resulting from these new or expanded
sources; and.
(3) where
applicable, plans for sound attenuation measures on the site and/or of the
structure proposed to be built and the amount of sound attenuation anticipated
as a result of these measures.
(b) In determining
whether an applicant should be required to submit a full report pursuant to subsection
(a), the EPO/NCO shall consider Circular 1390.2 (None Abatement and Control)
and other publications of the U.S. Department of Housing and Urban Development.
10.5 Commercial and Industrial Construction
No new or substantially
modified structure on land used or zoned as commercial or industrial shall be
approved for construction unless the owner or developer of such land has demonstrated,
in accordance with guidelines published by the NCO, that the completed
structure and the activities associated with and on the same property as the
structure, will comply with the provisions of Article VIII at the time for
initial full-scale operation of such activities.
10.6 Sound From New Transportation Systems in
Residential Areas or Noise Sensitive Zones
No plans for construction
of new transportation systems or expansion of the capacity of existing
transportation systems will be approved for location in or near residential
areas or noise sensitive zones, regardless of the source of project funds,
unless such plan includes all control measures necessary to ensure that the projected
day-night average sound level (Ldn) due to the operation of the transportation
system does not exceed ..... dBA at any point on residential property within ....... years after the expected completion of
the project.
10.7 Equivalent Measurement Systems
For the purposes of this
Article, all measurements and designations of sound levels shall be expressed
in day-night average sound levels (Ldn) or in any other equivalent
measurement system the NCO may reasonably approve.
10.8 Zoning Ordinance or Comprehensive Plan
(a) No proposed
zoning ordinance or comprehensive plan shall be approved unless such plan
includes a sound analysis which;
(1) identifies existing
and projected noise sources and associated sound levels for ..... years in and
around the area under consideration, and
(2) ensures
usage of adequate measures to avoid violation of any provision of this ordinance.
(b) No zoning
change application shall be approved unless the site feasibility study
submitted as required by the (Zoning Board of Appeals)/ (Planning Commission),
contains an analysis which shows:
(1) the impact of
existing and projected noise sources for ...... years on the intended use, and
(2) the projected
noise impact of the intended use, when completed, on surrounding areas. Such
sites study shall ensure the use of adequate measures to avoid violation of any
provision of this ordinance.
10.9 Truth in Selling or Renting
No person shall sell or
rent, or cause to be sold or rented, any structure or property to be used for
human habitation, where the structure or property is exposed to sound levels
regularly in excess of (an Leq in any hour of ...... dBA)/(an Ldn
of ...... dBA), without making full written disclosure to all potential buyers
or renters of the existence of such sound levels and of the nature of the
sources. The NCO shall develop a standard format for written disclosures, which
shall include information on the effects of noise on human health and welfare.
10.10 Appeal
Any applicant may appeal
an adverse decision by the NCO under the Article, in the (appropriate court of
law), on the grounds that the NCO disapproval was arbitrary, capricious, or
unreasonable.
Article XI Enforcement
11.1 Penalties
(a) Any person who violates any provision of this ordinance shall be fined
for each offense not more than ........ dollars.
(b) Any person who
willfully or knowingly violates any provision of this ordinance shall be fined
for each offense a sum of not less than ...... dollars and not more than ......
dollars.
(c) Each day
of violation of any provision of this ordinance shall constitute a separate
offense.
11.2 Abatement
Orders
[(a) Except as
provided in subsection (b) in lieu of issuing a notice of violation as provided
for in Section 11.3, the NCO or other (agency/official) responsible for enforcement
of any provision of this ordinance may issue an order requiring abatement of
any source of sound or vibration alleged to be in violation of this ordinance
within a reasonable time period and according to guidelines [to be approved by
appropriate authority] which the NCO may prescribe.
(b) An abatement
order shall not be issued:
(1) for any
violation covered by Section 11.1 (b); (2) for any violation of
..................., or
(3) when the NCO
or other enforcement (agency) / (official) has reason to believe that there
will not be compliance with the abatement order.]
11.3 Notice of Violation
[Except where a person is
acting in good faith to comply with an abatement order issued pursuant to
Section 11.2 (a)], violation of any provision of this ordinance shall be cause
for a (notice of violation)/ (summons)/(complaint)/(information or indictment)
to be issued by the NCO or other responsible enforcement (agency official) according
to procedures (which the NCO may prescribe)/ (set forth in ..........).
11.4 Immediate Threats to Health and Welfare
(a) The NCO
shall order an immediate halt to any sound which exposes any person, except those
excluded pursuant to subsection (b), to continuous sound levels in excess of those
shown in Table 4 or to impulsive sound levels in excess of those shown in Table
5. Within ……. days following issuance of such an order, the NCO shall apply to
the appropriate court for an injunction to replace the order
(b) No order
pursuant to subsection (a) shall be issued if the only persons exposed to sound
levels in excess of those listed in Tables IV and V are exposed as a result of;
(1) trespass;
(2) invitation
upon private property by the person causing or permitting the sound, or
(3) employment by
the person or a contractor of the person causing or permitting the sound.
(c) Any person
subject to an order issued pursuant to subsection (a) shall comply with such
order until;
(1) the sound is
brought into compliance with the order, as determined by the NCO, or
(2) a Judicial
order has superseded the NCO order.
(d) Any person who
violates an order issued pursuant to this section shall, for each day of violation,
be fined not less than ........ dollars nor more than ........ dollars.
TABLE
4
CONTINUOUS SOUND LEVELS WHICH POSE AN IMMEDIATE
THREAT TO HEALTH AND WELFARE
(Measured at 50 Feet or 15 Meters)1
Sound Level Limit Duration
(dBA)
90 24 hours
93 12 hours
96 6 hours
99 3 hours
102 1.5 hours
103 45 minutes
108 22 minutes
1 Use
equal energy time-intensity trade-off if level varies; find energy equivalent
over 24 hours.
TABLE
5
IMPULSIVE SOUND LEVELS WHICH POSE AN IMMEDIATE
THREAT TO HEALTH AND WELFARE
(Measured at 50 Feet or 15 Meters)
Sound Level Limit Number of Repetitions
(dBA) per 24 Hour Period
145 1
135 10
125 100
11.5 Citizen Suits
(a) Any person, other
than persons responsible for enforcement of this ordinance, may commence a
civil action on his own behalf against:
(1) any person
who is alleged to be in violation of any provision of this ordinance set forth
in Table 6 below or
(2) the NCO where there
is alleged a failure of the NCO to perform any act under this ordinance which
is not discretionary. The .......... court shall have Jurisdiction, without
regard to the amount in controversy, to grant such relief as it deems
necessary.
(b) No action may
be commenced:
(1) under Subsection
(a)(l)
(A) prior to
...... days after the plaintiff has given notice of the alleged violation to the
NCO [and to the alleged violator] of such violation, or
(B) if the NCO
has commenced and is diligently prosecuting an action against the alleged
violator with respect to such violation, [but in such action any affected
person may intervene as a matter of right], or
(2) under Subsection (a)(2),
prior to ...... days after the plaintiff has given notice to the NCO that he
will commence such action. Notice under this subsection shall be given in a
manner prescribed by the NCO.
(c) In any action
under this section, the NCO, if not a party, may intervene as a matter of right.
(d) The court, in
issuing any final order in any action brought pursuant to subsection (a), may
at its discretion award the costs of litigation to any party.
TABLE
6
Provisions Under Which Civil Actions May Be Commenced
6.2.1(a) (Radios,
Television Sets, Musical Instruments and Similar Devices)
6.2.2 (Loudspeakers/Public
Address Systems)
6.2.3 (Street
Sales)
6.2.5 (Loading
and Unloading)
6.2.6 (Construction)
6.2.7 (Vehicle
or Motorboat Repairs and Testing)
6.2.9 (Places
of Public Entertainment)
6.2.10 (Explosives,
Firearms, and Similar Devices)
6.2.11 (Powered
Model Vehicles)
6.2.12 (Vibration)
[6.2.13 (Stationary,
Non-Emergency Signaling Devices)
6.2.14 (Emergency
Signaling Devices)
6.2.15 (Motorboats)
6.2.17 (Domestic
Power Tools)
6.2.18 (Tampering)
8.1 (Maximum
Permissible Sound Levels by Receiving Land Use)
9.1.3 (Refuse
Collection Vehicles)
9.1.4 (Standing
Motor Vehicles)
9.2(b) (Motor
Vehicle Racing Events)
9.2.1(b) (Motor
Vehicle Horns and Signaling Devices)
10.9 (Truth-in
Selling or Renting)
11.6 Other Remedies
No provision of this
ordinance shall be construed to impair any common law or statutory cause of
action, or legal remedy there from, of any person for injury or damage arising
from any violation of this ordinance or from other law.
11.7 Severability
If any provision of this
ordinance is held to be unconstitutional or otherwise invalid by any court of
competent jurisdiction, the remaining provisions of the ordinance shall not be invalidated.
11.8 Effective Date
This
law/ordinance shall take the effect on ......................