Model
Noise
Control
Ordinance
U.S. ENVIRONMENTAL PROTECTION AGENGY
Washington, D.C. 20460
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Preamble to
Model Community
Noise Control
Ordinance
This model noise control ordinance was
drafted by the U.S. Environmental Protection Agency
and the National Institute of Municipal Law Officers.
Contents
Page
Introduction 1
Purpose 1
Background 1
Interrelationship of Various Provisions 1
General Provisions I
Policy Regarding Levels I
Pre-emption 2
Hearing Board and Advisory Council.. 3
Specific Provisions 3
Article III—Definitions 3
Article IV—Powers and Duties 4
Article VIII—Defining Land use Dis-
tricts J
Article X—Land Use 6
Article XI—Enforcement 7
Format 7
Figures
Figure. I Fixed Noise Source Levels
at Residential Bound-
aries
Figure II Fixed Noise Source Levels
at Business/Commercial
Boundaries
Figure III Fixed Noise Source Levels
at Manufacturing/In-
dustrial Boundaries ... 6
First printing November 1975
Reprinted September 1976
.fit- U.S. Environmental Protection Agency
^m Washington, D.C. 20460
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'INTRODUCTION
Purpose
The Model Community Noise Control
Ordinance (model ordinance) is intended
to be a basic tool which communities, both
large and small, can use to construct noise
control ordinances suited to local needs and
conditions. The complete model ordinance,
including optional provisions, is perhaps
most suitable for larger communities, with
populations of about 100,000 or more.
Smaller communities and large communities
with limited resources may wish to adopt
only those provisions which address their
most pressing noise problems. It is impor-
tant that the community ensure that all
provisions adopted are realistic in relation
to local needs and conditions; that all pro-
visions are consistent with one another, with
other local law, and with State and Fed-
eral law; and, finally, that all provisions are
clear and otherwise well drafted so that
enforcement problems will be minimized.
Background
This model ordinance is an outgrowth of
the Federal Noise Control Act of 1972 (49
U.S.C. §§ 4901 et seg.) and the tremen-
dous increase in interest regarding noise
abatement and control which the Act has
precipitated. Many existing community
noise ordinances are based on outmoded
model ordinances and/or the common law
approach to noise control which relies ex-
clusively on difficult to enforce nuisance
provisions. While the model ordinance pre-
serves common law with Article VI provi-
sions prohibiting noise disturbances, it also
contains definitive performance standards
for motor vehicles and other sources of
community noise. The increase in reliable
monitoring equipment available to local gov-
ernments, coupled with definitive standards
incorporated into local noise control ordi-
nances, should result in ordinances which
are more easily enforceable than many have
been in the past.
It is anticipated that an analagous model
ordinance will form part of a workbook on
community noise abatement and control to
be published by the U.S. Environmental
Protection Agency during late 1977. In ad-
dition to containing the model ordinance
(perhaps with discussions of a number of
alternative provisions), the workbook may
contain chapters on the legal basis of noise
control, the health effects of noise and vari-
ous enforcement approaches.
Although the model ordinance will stand
alone as a legal document, for proper en-
forcement the City/County must additional-
ly have a code of recommended practices or
rules and regulations which give general
specifications for sound measuring equip-
ment and measurement methodology. This
document should also provide detailed pro-
cedures for measurements to be taken for
certain provisions of the ordinance, such as
motor vehicles and stationary sources. To
assist communities in the development of a
code of recommended practices EPA is pre-
paring a model code which, when completed,
will be sent to recipients of the model
ordinance.
Interrelationship of Various
Provisions
An overview of the model ordinance can
most readily be obtained by reading the
List of Provisions. When a community de-
termines which activities it wishes to regu-
late, the appropriate model provision or pro-
visions can be located by referring to this
list.
A glance through the List of Provisions
suggests that certain acts may be prohibited
by more than one provision. For example,
use of a noisy go-cart could violate Section
9.2 ("Recreational Vehicles Operating Off
Public Rights-Of-Way"), as well as Section
6.1 (Noise Disturbances). It may be that a
community desires such multiple cove^ge.
In this case, enforcement against the owner
or operator of a noisy go-cart would prob-
ably come under the provision more easily
enforced, but could come under both pro-
visions violated, at the discretion of the en-
forcement agency. If a community does not
desire such multiple coverage, it can either
omit certain provisions or it can exempt
acts covered by other provisions from mul-
tiple coverage. Such modifications deserve
careful consideration, however, so that they
do not modify the ordinance more than
desired or otherwise jeopardize enforcement.
GENERAL PROVISIONS
Policy Regarding Levels
In this model ordinance, recommended
values for sound levels in the performance
standards have been omitted in most cases.
Suggested times for the curfews on the
hours of the conduct of activities or the op-
eration of equipment have also generally
been omitted. The reason for these omis-
sions is that the drafters of the ordinance
feel that there is no single number that can
be chosen for each provision that would be
appropriate for all types of communities.
Each community has its own set of environ-
mental, health, economic and other goals
it wishes to attain. Each community also has
its own configuration of noise sources and
their impact which it wishes to control. The
level and extent of such control is fully
within the purview of local decision. Of
course, localities will wish to consider the
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iccnnical practicality and economic reason-
ableness of sound levels chosen. However, in
the regulation of noise pollution, the protec-
tion of public health and welfare is the ma-
jor legal basis for control and must be care-
fully considered in the determination of per-
formance standard noise levels and hours of
curfew. For a specification of national maxi-
mum noise exposure guidelines, consult In-
formation on the Levels of Environmental
Noise Requisite to Protect Public Health
and Welfare with an Adequate Margin of
Safety (U.S. Environmental Protection
Agency, March 1974).
Pre-Emption
Under the Noise Control Act of 1972 (49
U.S.C. §§ 4901 et seq.), certain areas of lo-
cal authority will become pre-empted on
the effective date of regulations developed
by the U.S. Environmental Protection
Agency pursuant to Sections 6, 17 and 18
of this Act. In this discussion, we will pre-
sent the scope of Federal pre-emption and
indicate the provisions of the model ordi-
nance which were drafted wholly or par-
tially to respond to the issue of pre-emption.
An over-all requirement to monitor Fed-
eral pre-emptive regulations and to respond
to them in the local noise ordinance is con-
tained in Section 4.3.6(b). This subsection
provides that, at such time as Federal regu-
lations become effective which are by law
pre-emptive of the laws of State and local
governments, the Environmental Protection
Officer (r)/Noise Control Office (r) (EPO/
NCO) shall review the provisions of the lo-
cal ordinance which may be affected and
make appropriate recommendations for
changes to the city council/legislative body.
The purposes of including such a provi-
sion in this ordinance are to facilitate the
coordination of the local noise control ef-
forts with the Federal noise program and
to reduce the possibility of defendants rais-
ing Federal pre-emption as a defense to
charges of local law violations.
With regard to the scope of pre-emption,
the pre-emptive provision of Section 6 of
the Noise Control Act differs considerably
from those of Sections 17 and 18. The Sec-
tion 6 provision is relatively narrow, pre-
empting local laws covering new product
noise emission levels which are directed at
the manufacture or sale of such products.
The preemptive provisions of Sections 17
and 18 are very broad, pre-empting local
noise laws which affect the operation of in-
terstate motor and rail carrier vehicles.
In Section 6, subsection 6(e)(l) provides
that, after the effective date of an EPA
regulation prescribing noise emission levels
for a specific new product or component,
no State or political subdivision thereof may
adopt or enforce with respect to that par-
ticular new product or component any law
or regulation which sets a noise emission
limit on such product (or component) en-
forceable against the manufacturer of the
product, applicable at the time of sale, un-
less such law or regulation is identical to
the Federal regulation. Thus, the preemp-
tion is against State and local laws which
regulate the noise levels of a new product
(i.e., a product which has not yet been sold
to the first retail purchaser) and which, at
any time, impact the manufacturer of the
product.
State and local governments, under sub-
section 6(e)(2), retain authority to control
products by all other available means. This
subsection states that nothing in this sec-
tion precludes or denies the right of State
or local governments to establish and en-
force controls on environmental noise and
sources thereof through the licensing, regu-
lation, or restriction of the use, operation or
movement of any product or combination of
products.
Thus, although a local government may
not enforce a non-identical local law regard-
ing the noise level of an EPA-regulated new
product which affects the manufacture or
sale of such product, the local government
may regulate the product noise impact
through regulations enforceable against the
owner or operator of the product by pro-
viding, for example, maximum noise levels
for operation, curfews on operation, pro-
hibition of use in a residential neighbor-
hood or hospital zone, or requirements for
periodic inspection and licensing of the
product.
Broader pre-emptive coverage is found in
Sections 17(c)(l) and 18(c)(l). These sec-
tions provide that, after the effective date
of an EPA regulation applicable to noise
emissions from interstate rail or motor car-
riers, no State or political subdivision there-
of may adopt or enforce any standard ap-
plicable to the same noise source unless
such standard is identical to the Federal
standard. However, Sections 17 (c) (2) and
18(c)(2) provide thai nothing in these sec-
tions shall diminish or enhance the right
of State and local governments to establish
and enforce standards or controls on levels
of environmental noise or to control, license,
regulate or restrict the use, operation or
movement of any regulated product if two
conditions occur:
1) the EPA Administrator, after consul-
tation with the Secretary of the Department
of Transportation, determines that such lo-
cal law is necessitated by special local con-
ditions, and
2) if he determines that such local law
is not in conflict with the EPA regulations.
Thus, on the effective date of the EPA
regulations under Section 18 (October 15,
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1975) and Section 17 (undetermined as yet),
local governments should review any ordi-
nance provisions applicable to noise emis-
sions resulting from the use or operation of
motor vehicles with a gross vehicle or com-
bination weight rating of greater than 10,000
Ibs. operated by an interstate motor carrier
and of interstate surface railroad locomo-
tives and cars. Local regulations providing
standards on noise emissions resulting from
operations subject to Federal regulations
must be identical to the Federal regulation.
Such identity applies not only to the stand-
ard but also to the core measurement meth-
odology which defines the standard. Non-
identical standards may not be enforced, and
should be declared ineffective, as of the ef-
fective date of the Federal regulation. For
this reason, Section 18 standards have been
incorporated into Table II of Section 9.1 in
the model ordinance. The appropriate meas-
urement methodology should be incorpo-
rated into the community code of recom-
mended practices.
In general, we can classify the pre-emp-
tive effect of these sections on local law
into three categories. First, any local law
which sets noise emission levels for inter-
state motor vehicles and rail locomotives
and cars must be identical to the Federal
standard. No special local condition or other
factor can exempt this requirement. Second,
local laws which regulate or restrict the use,
operation, or movement of interstate motor
rail carriers by such means as curfews and
truck routes (see Section 4.3.4, Truck
Routes and Transportation Planning) will
not be subject to pre-emption if (1) the
principal purpose of such regulation is not
to control noise, or (2) the principal pur-
pose is to control noise but the regulation
has been approved by the EPA as necessi-
tated by special local conditions and not in
conflict with Federal regulations. For ex-
ample, truck routes designated solely on
the basis of noise must be submitted to EPA
for determination of a special local condi-
tion. Truck routes based on additional fac-
tors, such as the safety of children, maxi-
mum load on street surfaces, etc., will
not need EPA approval. Third, general
noise regulations, such as the property line
noise emission standards of Article VIII,
will not be affected by these pre-emption
provisions except-in rare cases. Thus, the
property line levels may be applied to noise
emissions caused by interstate motor car-
rier vehicles at a loading terminal so long
as means of abatement are possible which
do not require controlling the noise emis-
sion level of the motor vehicle itself. Such
other means of abatement can include, for
example, installation of noise barriers at the
perimeter of the terminal and creation of
buffer zones of land between the terminal
and the noise-impacted areas.
Hearing Board and Advisory
Council
A City/County with a large EPO/NCO
may prefer to utilize a Hearing Board (or
an administrative court) to hear cases re-
garding ordinance violations. Under this ap-
proach, the Hearing Board would decide the
case and determine the penalty. Local courts
would be utilized in appeals of the deci-
sions of the board. This approach avoids
overburdening existing courts.
The City/County may also wish to use a
Hearing Board to make determinations on
Special Variances (Section 7.2) and Vari-
ances for Time to Comply (Section 7.3).
This would free EPO/NCO personnel to per-
form other tasks under the ordinance. How-
ever, the EPO/NCO could still be consulted
on technical matters.
If the City/County decides to have a
Hearing Board, the terms of existence and
operation of the Board should be specified
in the ordinance.
A Noise Control Advisory Council should
also be considered by the City/County. The
functions of this council could include pro-
viding (1) advice on development of the
noise control program; (2) recommenda-
tions on which provisions of the model ordi-
nance should be included in the City/
County ordinance; (3) recommendations on
sound level values and curfew periods for
the various provisions; and (4) stimulation
of public interest on noise abatement. This
Council could also be responsible for writ-
ing the periodic reports, specified in Section
4.3.9, concerning the progress of the local
noise control program.
SPECIFIC PROVISIONS
Article III—Definitions
1. Section 3.2.16, Definition of "Motorboat"
A community which serves as an interna-
tional port may wish to explicitly exclude
vessels in international commerce from the
definition of motorboat, since many such
vessels would be effectively prohibited from
using the port (under Section 6.2.15, Motor-
boats) .
2. Section 3.2.29, Definition of "Sound"
The term "sound" is generally used as
the operative word in this ordinance rather
than the term "noise." This is to avoid the
problem of associating "noise" with a sound
that is "disturbing" or "unwanted", with
the attendant possibility that in order to
prove a violation of the ordinance, proof
must be given that the sound had indeed
been "disturbing" or "unwanted." Because
the substantive provisions of the ordinance
have been narrowly drawn and often con-
tain objective criteria, proof of an addi-
tional subjective element is unnecessary.
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3. Section 3.2.22, Definition of Tenon"
The definition of person does not include
Federal agencies and departments. This is
because legal decisions have not yet deter-
mined the extent of a locality's authority
to bring action against the Federal govern-
ment for noise control violations.
Section 4 of the Noise Control Act of
1972 requires that all departments, agen-
cies, and instrumentalities of the executive
legislative, and judical branches of the Fed-
eral Government comply with Federal,
State, interstate, and local requirements re-
specting control and abatement of environ-
mental noise to the same extent that any
person is subject to such requirements The
Federal Courts of Appeals, deciding cases
under identical language in the Clean Air
Act, have disagreed as to whether this
language extends to administrative as well
as substantive requirements. See State of
Alabama v. Seeber, 502 F. 2d. 1238 (5 Cir.
1974); Commonwealth of Kentucky v.
Ruckelshaus, 497 F. 2d. 1172, (6 Cir. 1974).
Kentucky v. Ruckelshaus is pending before
the Supreme Court, and a resolution of the
issue is likely. Further questions exist as to
whether a State or local government can
bring an action against the Federal Gov-
ernment for violations of their noise con-
trol laws, regulations and ordinances. Ac-
cordingly, the key definition of "person" in
the model ordinance, which serves as an
applicability section, does not include the
Federal Government.
In the absence of such specificity, Sec-
tion 4 of the Noise Control Act continues
to require that the Federal Government
comply with the local ordinance. However,
it is left to each community to determine
the position it will take with respect to the
relevant issues, such as whether the Fed-
eral Government must comply with ad-
ministrative provisions, and whether penal-
ties, orders, and enforcement actions will
be directed at the Federal Government un-
der Article XI (Enforcement).
Article IV—Powers and Duties
of The (Environmental Protec-
tion)/(Noise Control) Office(r)
Resolving Inter-Departmental Conflicts
Section 4.2.4 (Review of Actions of Other
Departments); Section 4.2.5 (Review of
Public and Private Projects), Section 4.3.4
(Truck Routes and Transportation Plan-
ning) and Article V (Duties and Respon-
sibilities of other Departments) have the
potential of causing inter-departmental con-
flicts since there is shared responsibility. The
community may wish to specify in the ordi-
nance a method for - resolving such con-
flicts, perhaps by authorizing the city coun-
4 cil, county board of supervisors, mayor, etc.,
to negotiate differences and make a final
decision.
Education
Section 4.2.2 authorizes the Environment-
al Protection (Noise Control) Office (r) to
educate the public on methods of control-
ling noise and on the provisions of the ordi-
nance. The EPO may wish to exercise cau-
tion, however, in providing specific advice
on solving a particular noise problem. For
instance, if the EPO were to advise a com-
mercial establishment on a method of re-
ducing noise from its air conditioning unit
and this method failed to be effective, the
commercial establishment may try to use
this fact as a defense in any action brought
against it by the EPO. The EPO officer
should use his discretion in handling mat-
ters of this type.
Review of Public and Private Projects
Section 4.2.5 grants the EPO the power
to review public and private projects over
which another department has authority in
order to determine whether they will com-
ply with the ordinance. This applies to such
matters as licensing a race track, approv-
iny a housing project, or granting a permit
for a construction site, if required to be ap-
proved by a department other than that of
the EPO/NCO and if likely to create sound
levels or sound exposures in violation of the
ordinance.
Some communities may wish to expand
this section to authorize the EPO to rec-
ommend to other departments appropriate
modifications to projects if the EPO believes
such projects will violate the ordinance- or
to allow him veto power over projects sig-
nificantly impacting the noise environment.
This provision does not sfet criteria for
determining whether a proposed project
must be reviewed by the EPO/NCO. If the
City/County wishes the EPO/NCO to re-
view every proposed project, such criteria
are not necessary, but this policy may create
an unnecessarily large burden on the EPO/
NCO. If the City/County wishes to limit
situations where the proposed project is sub-
ject to noise impact review, criteria can be
either included in the language of this pro-
vision, or the EPO/NCO can develop cri-
teria in consultation with affected depart-
ments. Such criteria may include, for ex-
ample, minimum monetary or time limits
for the review of activities or specification
of the types of activities which are likely to
produce sound in violation of the ordinance.
Inspections
Section 4.2.6 concerns inspections. To be
constitutionally permissible, administrative
searches or inspections conducted by muni-
cipal inspectors on private property must be
made using a warrant procedure (Camara
v. Municipal Court, 387 U.S. 523 (1967);
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See v. Seattle, 387 U.S. 511 (1967)). Thus,
if a private' property holder refuses to allow
his premises to be inspected by a City/
County official, the official must obtain a
search warrant for the premises before he
may inspect them. The Court in See also
held that there is no distinction between
the rights of a residential property holder
and those of a commercial property holder
concerning searches or inspections. Both
types of property are thus treated the same
in Section 4.2.6(a).
Violations of Article VIII (Noise Levels
by Receiving Land Use) and most Article
VI (Prohibited Acts) violations can be de-
termined without an inspection on the
premises on which the sound source is situ-
ated, so a search warrant is not needed in
these situations.
Article VIII—Sound Levels by
Receiving Land Use (Defining
Land Use Districts)
Article VIII sets property line sound limits
for the broad receiving land use categories
of residential, commercial and industrial
Many communities are employing this type
of quantitative limit to provide stronger
legal control over undesirable sound levels
than is attainable with an ordinance con-
taining only nuisance provisions.
If the community land use/zoning code
accurately reflects the actual use of the land.
then the designations used by the city for
zoning categories may effectively be plugged
into the three Article VIII categories (with
the corresponding definitions placed in Ar-
ticle III). On the other hand, if there are
numerous discrepancies between the way the
land is zoned and the way it is actually used
(e.g., commercial establishments in a resi-
dential zone), or if there are large tracts
of unzoned land, the community may pre-
fer to base property line limits on the actual
use of the land. This would provide greater
protection for impacted properties.
A related matter to be considered in con-
trolling property line noise is that of the oc-
casional non-conforming land use. An ex-
ample is the case of a single residence lo-
cated in an industrial area. It may not be
possible for several manufacturers impact-
ing the residence to lower their noise levels
t< meet the limit specified for residential
BBdas. Situations of this type will require
Vgie discretion in enforcement
Figures i, II, and III summarize graphi-
cally the property line levels sel.by current
municipal noise ordinances.
40-
35-
.§ 3°-
u
CM
Z20-
c^
15-
10-
FIGUREI
FIXED SOURCE NOISE LEVELS ALLOWABLE AT
RESIDENTIAL DISTRICT BOUNDARIES
n
n
D
90
85
Daytime Levels •
Nighttime Levels Q
D
A D **
n n n • •DD»
80 75 70 65 60 55
A-Weighted Sound Level in dBA
Average Day—56.75
Average Night— 51.76
50
D
•
45 40
117cities—daytime limits
118 cities— nighttime limits
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FIGURE II
FIXED SOURCE NOISE LEVELS ALLOWABLE AT
BUSINESS/COMMERCIAL DISTRICT BOUNDARIES
D
D
15-
D
n
m *
o.e u «ca»
90 85 80 75 70 65 60 55 50 45 40
A-Weighted Sound Level in dBA
Daytime Levels • Average Day—63.32 104 cities— daytime limits
Niyhttime Levels Ł] A-'erage Night—59.21 104cities —nighttime limits
FIGURE III
FIXED SOURCE NOISE LEVELS ALLOWABLE AT
MANUFACTURING/INDUSTRIAL DISTRICT BOUNDARIES
30-
i20-
.
10-
D °
D* D D D» »D DD
90 85 80 75 70 65 60 55 50 45 40
A-Weighted Sound Level in dBA
Daytime Levels • Average Day— 67.54 112cities— daytime limits
Viiihttinie Levels ~ Average Night — 64.24 1 13 cities— nighttime limits
r T an(4 T jse areas are constructed in high noise areas,
k as determined by the appropriate sections.
Ihe basic purpose of the Article X land Although the Article was drafted to stand
use planning provisions is to ensure that no independently from the existing community
6 new residences, institutions or recreational land use planning or zoning systems, it is
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important for a community considering en-
actment of this Article to study the inter-
action of Article X with the land use plan-
ning and/or zoning laws and to reconcile
them where necessary. It may be better, for
example, to enact Article X as an amend-
ment to an existing land use law rather than
as a part of the noise control ordinance.
Furthermore, because this Article effective-
ly rezones land subject to its provisions, the
community may want or need to take spe-
cial measures before enactment of this Ar-
ticle. These may include a general identifica-
tion of the areas that will be affected by
these provisions.
Article XI—Enforcement
Provisions in this Article are more likely
to need revision to conform with local law
than other provisions of the model ordi-
nance. For example, the City/County may
wish to make violations of the ordinance
"infractions," similar to minor traffic viola-
tions, rather than misdemeanors, due to the
stigma attached to such violations.
The City/County may wish to ensure that
the public is reasonably well-informed of ac-
tivities prohibited by the ordinance before
fully effectuating its enforcement program.
For example, the City/County may utilize
a discretionary policy of issuing an abate-
ment order for a first violation, followed by
a citation for the original violation, if the
abatement order is not complied with. This
approach is provided for in Section 11.2
(Abatement Order), and would be used for
violations that are presumed to be unin-
tentional. The EPO/NCO may wish to
establish guidelines for use of the abate-
ment order, indicating, for example, ap-
propriate types of violations for which an
order may be issued and maximum time
period of an order.
The enforcement scheme contained in
this ordinance also includes a provision for
citizen suits (Section 11.5). The advantage
of the citizen suit approach is that many
violations of the ordinance which the EPO/
NCO has insufficient resources to prosecute
can be legally dealt with by persons affected
by the violation. Provisions under which
one citizen can sue another are limited to
those listed in Table VI, to minimize the
possibility of "harassment" suits.
Section 11.3 (Notice of Violation) is in-
complete in several respects for easy adapta-
tion to the local law of the particular City/
County.
Section 11.4 (Immediate Threats to
Health and Welfare) provides the EPO/
NCO with the authority to force immediate
abatement of sources producing sound in-
tensities that not only violate the ordinance
but are also unquestionably harmful to the
health of the public exposed to them. The
sound levels regulated (see Tables IV and
V) are deliberately set high, because there
is no procedure in this provision for balanc-
ing public health with economic or other
considerations; public health is the sole de-
terminant. The health and welfare criterion
for the levels set is a temporary threshold
shift of 30 dB at 4 kHz.
Subsection (b) limits the applicability of
this provision to impacts on members of the
general public who are involuntarily exposed
to the sound. Employee exposures at their
workplace are exempted because employee
sound exposure levels are regulated under
the Occupational Safety and Health Act
(29 U.S.C. §§ 669 et seq. (1970)).
Severe sanctions for noncompliance with
the order are provided for in subsection
(d), so that the sound will not continue to
be a detriment to public health. If the
order is unjustified, a court can invalidate
or suspend it soon after the order is issued,
in a mandamus type proceeding. This
remedy is contained in subsection (c), which
may need to be modified to conform with
local procedure.
Under Section 11.6 (Other Remedies),
common law and statutory remedies previ-
ously used to regulate excessive sound will
still remain available. It is desirable to re-
tain such remedies to allow private persons
the possibility of recovering damages or
other remedies for the effects of excessive
sound since private recovery is not pro-
vided for under the ordinance. The ordi-
nance is intended to expand existing sound
control law, not to limit it.
FORMAT
In reading the model ordinance it is
essential that certain typographical symbols
and format be understood. Several brief
rules have been followed in drafting. These
are:
• The material contained in square brack-
ets [ ] is optional, depending on the
needs and conditions of a given community.
(Of course, communities developing ordi-
nances may decide that any given provision
should be deleted.)
• Parenthesis ( ) are generally used to
designate alternative choices, but in some
cases contain explanatory information, de-
pending on the context.
• Blanks must be filled in by the com-
munity with appropriate information.
• Wherever the term EPO/NCO appears,
the title of the community's lead noise en-
forcement agency or official should be in-
serted.
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Model
Community
Noise Control
Ordinance
List of Provisions
Page
. 10
Article I Short Title
Article II Declaration of Findings
and Policy; Scope 10
Article III Definitions and Standards. 10
Article IV Powers and Duties of the
(Environmental Protec-
tion)/(Noise Control)
Office(r) 12
4.1 Lead (Agency/Official)
4.2 Powers of The (En-
vironmental Protec-
tion)/(Noise Con-
trol) Office(r)
4.2.1 Studies
4.2.2 Education
4.2.3 Coordination and Co-
operation
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 Recom-
mendations
4.2.10 Noise Sensitive Zone
Recommendations
4.3 Duties of Environmental
Protection (Noise Con-
trol) Office(r)
4.3.1 Standards, Testing Meth-
ods, and Procedures
4.3.2 Investigate and Pursue
Violations
4.3.3 Delegation of Authority
4.3.4 Truck Routes and Trans-
portation Planning
4.3.5 Capital Improvement
Guidelines
4.3.6 State and Federal Laws
and Regulations
4.3.7
Planning to Achieve Long
Term Noise Goals
Administer Grants,
Funds and Gifts
Periodic Report
Article V Duties and Responsibilities
of Other Departments
Departmental Actions
Departmental Cooperation
Departmental Compli-
ance With Other Laws
Project Approval
Contracts
Low Noise Emission
Products
Capital Improvement Program
4.3.8
4.3.9
5.1
5.2
5.3
5.4
5.5
5.6
5.7
14
Article VI Prohibited Acts
6.1 Noise Disturbances Pro-
hibited
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 Enter-
tainment
6.2.10 Explosives, Firearms,
and Similar Devices
6.2.11 Powered Model Vehicles
6.2.12 Vibration
6.2.13 Stationary Non-Emer-
gency Signaling Devices
6.2.14 Emergency Signaling
Devices
14
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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 . 17
7.1 Emergency Exception
7.2 Special Variances
7.3 Variances for Time to
Comply
7.4 Appeals
Article VIII Sound Levels by Receiv-
ing Land Use 18
8.1 Maximum Permissible
Sound Levels by Re-
ceiving Land Use
8.2 Correction for Char-
acter of Sound
8.3 Exemptions
Article IX Motor Vehicle Maximum
Sound Levels 19
9.1 Motor Vehicles and
Motorcycles on Pub-
lic 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 Rights-of-Way
Article X Land Use
10.1 General Provisions
10.2 Construction Restrictions
for Habitable and
Institutional Structures
10.3 Recreational Area Re-
strictions
20
10.4 Site Study Requirement
10.5 Commercial and Indus-
trial Construction
10.6 Sound from New Road-
ways 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
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
23
Tables
Table I
Table H
Sound Levels by Receiving
Land Use 19
Motor Vehicle and Motor-
cycle Sound Limits 19
Table m Recreational Motorized
Vehicle Sound Limits .. 20
Table IV Continuous Sound Levels. 23
Table V Impulsive Sound Levels.. 23
Table VI Provisions Under Which
Civil Actions May By
Commenced 24
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ARTICLE I Short Title
This ordinance may be cited as the
"Noise Control Ordinance of the
(City/County) of "
ARTICLE II Declaration of Findings
and Policy; Scope
2.1 Declaration of Findings and Policy
WHEREAS excessive sound and vi-
bration 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 environ-
ment free from excessive sound and
vibration that may jeopardize their
health or welfare or safety or de-
grade the quality of life; and,
NOW, THEREFORE, it is the policy
of the (City/County) of
to prevent excessive sound and vibra-
tion 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 ordi-
nance, not defined below, shall be in
conformance with applicable public-
cations of the American National
Standards Institute (ANSI) or its suc-
cessor 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 (com-
prehensive plan)/(zoning ordinance)).
3.2.3 "Construction" Means
Any site preparation, assembly, erec-
tion, substantial repair, alteration, or
similar action, but excluding demoli-
tion, for or of public or private
rights-of-way, structures, utilities or
similar property.
3.2.4 "Day-Night Average Sound Level
(La,,)" Means
10 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 follow-
ing 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 lo-
garithm to the base 10 of the ratio
of the pressure of the sound meas-
ured to the reference pressure, which
is 20 micropascals (20 micronewtons
per square meter).
3.2.6 "Demolition" Means
Any dismantling, intentional destruc-
tion or removal of structures, utili-
ties, public or private right-of-way
surfaces, or similar property.
3.2.7 "Emergency" Means
Any occurrence or set of circum-
stances 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 physi-
cal trauma or property damage
threatened or caused by an emer-
gency.
3.2.9 "Environmental Protection Office(r)/
Noise Control Office(r) (EPO/NCO)"
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 re-
sponsibility for this ordinance.)
3.2.10 "Equivalent A-Weighted Sound
Level (Leo)" Means
The constant sound level that, in a
given situation and time period, con-
veys the same sound energy as the
actual time-varying A-w e i g h t e d
sound. [For the purposes of this ordi-
nance, 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 manufac-
turer as the recommended maximum
loaded weight of a single motor ve-
hicle. In cases where trailers and trac-
tors are separable, the gross combina-
tion weight rating (GCWR), which is
the value specified by the manufac-
turer as the recommended maximum
loaded weight of the combination ve-
hicle, 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 (com-
prehensive plan) / (zoning ordinance)).
3.2.14 "Motor Carrier Vehicle Engaged
in Interstate Commerce" Means
Any vehicle for which regulations
apply pursuant to Section 18 of the
Federal Noise Control Act of 1972
(P.L. 92-574), as amended, pertain-
ing to motor carriers engaged in inter-
state commerce.
3.2.15 "Motor Vehicle" Means
(As defined in the motor vehicle code
of the State)/(Any vehicle which is
propelled or drawn on land by a
motor, such as, but not limited to,
passenger cars, trucks, truck-trailers,
semi-trailers, campers, go-carts, snow-
mobiles, amphibious craft on land,
dune buggies, or racing vehicles, but
not including motorcycles.)
3.2.16 "Motorboat" Means
Any vessel which operates on water
and which is propelled by a motor,
including, but not limited to, boats,
barges, amphibious craft, water ski
towing devices and hover craft.
3.2.17 "Motorcycle" Means
(As defined in the motor vehicle code
of the 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 minibikes.)
3.2.18 "Muffler or Sound Dissipative
Device" Means
A device for abating the sound of
escaping gases of an internal com-
bustion 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
injures the safety or health of hu-
mans or animals, or (b) annoys or
disturbs a reasonable person of normal
sensitivities, or (c) endangers or in-
jures personal or real property.
3.2.21 "Noise Sensitive Zone" Means
Any area designated pursuant to Sec-
tion 4.2.10 of this ordinance for the
purpose of ensuring exceptional quiet.
3.2.22 "Person" Means
Any individual, association, partner-
ship, 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, water-
borne, 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.
3.2.24 "Public Right-of-Way" Means
Any street, avenue, boulevard, high-
way, 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 con-
trolled 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 arithmetric 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 (com-
prehensive 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 medi-
um 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. 11
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12
3.2.31 "Sound Level" Means
The weighted sound pressure level
obtained by the use of a sound level
meter and frequency weighting net-
work, such as A, B, or C as specified
in American National Standards In-
stitute specifications for sound level
meters (ANSI SI.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 averager, 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 at 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 pres-
sure to the reference pressure of 20
micropascals (20x10-° N/m2). 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 de-
scribed 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
(Environmental Protec-
tion)/(Noise Control)
Office(r)
4.1 Lead (Agency/Official)
The noise control program established
by this ordinance shall be adminis-
tered by (title of municipal agency
or lead official).
4.2 Powers of The (Environmental
Protection)/(Noise Control Office(r)
In order to implement and enforce
this ordinance and for the general
purpose of sound and vibration abate-
ment and control, the EPO/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 edu-
cation 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 re-
porting violations; and
(b) Encourage the participation of
public interest groups in related pub-
lic information efforts.
4.2.3 Coordination and Cooperation
(a) Coordinate the noise and vibra-
tion control activities of all municipal
departments;
(b) Cooperate to the extent prac-
ticable with all appropriate State and
Federal agencies;
(c) Cooperate or combine to the ex-
tent practicable with appropriate
county and municipal agencies; and,
(d) Enter into contracts [with the
approval of the (appropriate author-
ity)] 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 sim-
ilar action to consult on the advisa-
bility 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
Projects
Review public and private projects,
subject to mandatory review or ap-
proval by other departments, for com-
pliance with this ordinance, if such
projects are likely to cause sound or
vibration in violation of this ordi-
nance.
4.2.6 Inspections
(a) Upon presentation of proper cre-
dentials, 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 admin-
istration of any necessary tests.
[(b) Stop any motor vehicle, motor-
cycle, or motorboat operated on a
-------
public right-of-way, public space, or
public waterway reasonably suspected
of violating any provision of this ordi-
nance, and issue a notice of violation
or abatement order which may re-
quire the motor vehicle, motorcycle
or motorboat to be inspected or tested
as the EPO/NCO may reasonably re-
quire.]
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 EPO/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 accord-
ance with the methods and procedures
and at such locations and times as the
EPO/NCO may reasonably prescribe
and to furnish reports of the results
of such measurements to the EPO/
NCO. The EPO/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 au-
thority) provisions regulating the use
and operation of any product, includ-
ing the specification of maximum
allowable sound emission levels of
such product.
[(b) Develop and recommend for
promulgation (to the appropriate au-
thority) 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 En-
Environmental Protection Agency
under Section 6 of the Noise Control
Act of 1972.]
4.2.10 Noise Sensitive Zone Recom-
mendations
Prepare recommendations, to be ap-
proved 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 (Environmental Protection)/
(Noise Control) Offlce(r)
In order to implement and enforce
this ordinance effectively, the EPO/
NCO shall within a reasonable time
after the effective date of the ordi-
nance:
4.3.1 Standards, Testing Methods, and
Procedures
Develop, [recommend to the appro-
priate authority,] and promulgate
standards, testing methods and pro-
cedures.
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 EPO/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 trans-
portation systems to minimize the
sound and vibration impact on resi-
dential areas and noise sensitive zones.
(b) Assist in or review the total
transportation planning of the com-
munity, including planning for new
roads and highways, bus routes, air-
ports, and other systems for public
transportation, to ensure that the im-
pact of sound and vibration receives
adequate consideration.
4.3.5 Capita] Improvement Guidelines
Establish noise assessment guidelines
for the evaluation of proposed im-
provements for the capital improve-
ments budget and program pursuant
to Section 5.5. These guidelines shall
assist in the determination of the rela-
tive priority of each improvement in
terms of noise impact.
4.3.6 State and Federal Laws and
Regulatipns
(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 modi-
13
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14
fications or amendments to this ordi-
nance to ensure consistency with all
State and Federal laws and regula-
tions.
[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 grants 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 EPO/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 EPO/NCO to the
fullest extent in enforc;nr 's ordi-
nance.
5.3 Departmental Compliance with Other
Laws
All departments and agencies shall
comply with Federal and State 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 re-
sult, or may result, in the production
of sound or vibration shall consult
with the EPO/NCO prior to any such
approval.
5.5 Contracts
Any written contract, agreement,
purchase order, or other instrument
whereby the (city/county) is com-
mitted to the expenditure of
dollars or more in return for goods or
services shall contain provisions re-
quiring compliance with this ordi-
nance.
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 deter-
mines is suitable for use as a substi-
tute, shall be procured by the city/
county and used in preference to any
other product, provided that such
certified product is reasonably avail-
able and has a procurement cost
which is not more than (125) per-
centum 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 pro-
gram shall prepare an analysis of the
noise impact of any proposed im-
provements in accordance with noise
assessment guidelines established by
the EPO/NCO pursuant to Section
4.3.5. Proposed capital improvements
include land acquisition, building con-
struction, highway improvements, and
utilities and fixed equipment installa-
tion.
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 op-
eration of this Section.
6.2 Specific Prohibitions
The following acts, and the causing
thereof, are declared to be in viola-
tion 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, musi-
cal instrument, sound amplifier, or
-------
similar device which produces, repro-
duces, 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 author-
ity) 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 op-
erated 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 com-
mon carrier;
(d) This section shall not apply to
non-commercial spoken language cov-
ered under Section 6.2.2.
6.2.2 Loudspeakers/Public Address
Systems
(a) Using or operating for any non-
commercial purpose any loud-
speaker, public address system, or
similar device between the hours of
10:00 p.m. and 8:00 a.m. the follow-
ing 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 com-
mercial purpose any loudspeaker, pub-
lic address system, or similar device
(1) such that the sound therefrom
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 resi-
dential or commercial area of ihe
(city/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,
meows, squawks, or makes other
sounds which create a noise disturb-
ance 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, gar-
bage 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 (Sun-
days/weekends) or holidays, such
that the sound therefrom creates a
noise disturbance across a residential
real property boundary or within a
noise sensitive zone, except for emer-
gency 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 prop-
erty boundary exceeds an Lr,, 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 EPO/NCO shall consult with
the airport proprietor to recommend
changes in airport operations to mini-
mize 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, pen-
alize, enjoin, or in any manner regu-
late 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, musi-
cal instrument, sound amplifier, or
15
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similar device which produces, repro-
duces, 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 nor-
mally occupied by a customer, unless
a conspicuous and legible sign is
located outside such place, near each
public entrance, stating "WARN-
ING: SOUND LEVELS WITHIN
MAY CAUSE PERMANENT
HEARING IMPAIRMENT."
6.2.10 Explosives, Firearms, and Similar
Devices
The use or firing of explosives, fire-
arms, 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 pov, ered model vehicles so as to
create a noise disturbance across a
residential real property boundary, in
a public space or within a noise sensi-
tive 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 sensi-
tive 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 permuting iho operation
of any device that creates vibration
which is above the vibration percep-
tion 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 pub-
lic space or public right-of-way. For
the purposes of this section, "vibra-
tion perception threshold" means the
minimum ground- or structure-borne
vibrational 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 visual observation of moving ob-
jects.
6.2.13 Stationary Non-Emergency
Signaling Devices
(a) Sounding or permitting the sound-
ing of any [electronically-amplified]
signal from any stationary bell, chime,
siren, whistle, or similar device, in-
tended primarily for nonemergency
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 per-
mitting 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 emer-
gency 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 mini-
mum cycle test time. In no case shall
such test time exceed seconds.
(ii) Testing of the complete emer-
gency 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 sys-
tem 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 section
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 sensi-
tive zone designated pursuant to Sec-
tion 4.2.10, so as to disrupt the activi-
ties 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 sensi-
tive zone, designated pursuant to Sec-
tion 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 indi-
cating 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, snowblower, or similar device
used outdoors in residential areas be-
tween the hours of 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 inop-
erative by any person other than for
purposes of maintenance, repair, or
replacement, of any noise control de-
vice or element of design or noise
label of any product identified under
Section 4.3.6. The EPO/NCO may,
by regulation, list those acts which
constitute violation of this provision.
[b. The (intentional) moving or ren-
dering inaccurate or inoperative of
any sound monitoring instrument or
device positioned by or for the EPO/
NCO, provided such device or the
immediate area is clearly labeled, in
accordance with EPO/NCO regula-
tions, to warn of the potential illegal-
ity.]
(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 ren-
dered 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 per-
formance of emergency work.
7.2 Special Variances
(a) The (EPO/NCO)/(Hearing
Board) shall have the authority, con-
sistent with this section, to grant
special variances which may be re-
quested pursuant to Sections 6.2.6
(Construction) and 6.2.10 (Explo-
sives, Firearms, and Similar Devices).
(b) Any person seeking a special
variance pursuant to this section shall
file an application with the (EPO/
NCO)/(Hearing Board). The appli-
cation 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 (juris-
dictional procedure).] Any individual
who claims to be adversely affected by
allowance of the special variance may
file a statement with the (EPO/
NCO)/(Hearing Board) containing
any information to support his claim.
If the (EPO/NCO)/(Hearing Board)
finds that a sufficient controversy
exists regarding an application, a pub-
lic hearing may be held.
(c) In determining whether to -grant
or deny the application, the (EPO/
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 prop-
erty affected, and any other adverse
impacts of granting the special vari-
ance. Applicants for special variances
and persons contesting special vari-
ances may be required to submit any
information the (EPO/NCO)/(Hear-
ing Board) may reasonably require. In
granting or denying an application,
the (EPO/NCO)/(Hearing Board)
shall place on public file a copy of
the decision and the reasons for deny-
ing 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 be-
come effective until all conditions are
agreed to by the applicant. Noncom-
pliance 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 17
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18
which the special variance was
granted.
(e) Application for extension of time
limits specified in special variances or
for modification of other substantial
conditions shall be treated like appli-
cations for initial special variances
under subsection (b).
(f) The (EPO/NCO)/ (Hearing
Board) may issue guidelines [ap-
proved by ] defining
the procedures to be followed in
applying for a special variance and
the criteria to be considered in decid-
ing whether to grant a special vari-
ance.
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
(EPO/NCO)/(Hearing Board) for a
variance in time to comply with Sec-
tion 6.2.12 (Vibration) or Article
VIII. The (EPO/NCO)/(Hearing
Board) shall have the authority, con-
sistent with this section, to grant a
variance, not to exceed days
from the effective date of this ordi-
nance.
(b) Any person seeking a variance in
time to comply shall file an applica-
tion with the (EPO/NCO)/(Hearing
Board). The application shall contain
information which demonstrates that
bringing the source of sound or activ-
ity for which the variance is sought
into compliance with this ordinance
prior to the date requested in the
application would constitute an un-
reasonable hardship on the applicant,
on the community, or on other per-
sons. [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
(EPO/NCO)/(Hearing Board) con-
taining any information to support
his claim. If the (EPO/NCO)/(Hear-
ing Board) finds that a sufficient con-
troversy exists regarding an applica-
tion, a public hearing may be held.
(c) In determining whether to grant
or deny the application, the (EPO/
NCO)/(Hearing Board) shall balance
the hardship to the applicant, the
community, and other persons of not
granting the variance in time to com-
ply against the adverse impact on
health, safety, and welfare of persons
affected, the adverse impact on prop-
erty affected, and any other adverse
impacts of granting the variance.
Applicants for variances in time to
comply and persons contesting vari-
ances may be required to submit
any information the (EPO/NCO)/
(Hearing Board) may reasonably re-
quire. In granting or denying an ap-
plication, the (EPO/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 contain-
ing all necessary conditions, including
a schedule for achieving compliance.
The variance in time to comply shall
not become effective until all condi-
tions are agreed to by the applicant.
Noncompliance with any condition of
the variance shall terminate the vari-
ance 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
(EPO/NCO)/(Hearing Board) must
find that the need for the extension
or modification clearly outweighs any
adverse impacts of granting the exten-
sion or modification.
(f) The (EPO/NCO)/(Hearing
Board) may issue guidelines [ap-
proved by ] defining
the procedures to be followed in
applying for a variance in time to
comply and the criteria to be con-
sidered in deciding whether to grant
a variance.
7.4 Appeals
Appeals of an adverse decision of the
(EPO/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 VHI Sound Levels by Receiv-
ing Land Use
8.1 Maximum Permissible Sound Levels
by Receiving Land Use
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 I when
measured at or within the property
boundary of the receiving land use.
-------
TABLE I. SOUND LEVELS BY
RECEIVING LAND USE
Receiving
Land Use
Category
R-l, R-2, etc.
(Residential, Public
Space, Open Space,
Agricultural or
Institutional)
C-l, C-2, etc.
B-l, B-2, etc.
(Commercial or
Business)
M-l, M-2, etc.
(Industrial)
Sound
Level
Limit,
dBA
Time
(A) a.m.—
(B) p.m.
(B) p.m.—
(A) a.m.
At All Times la
At All Times Li
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
Nonemergency Signaling Devices),
6.2.14 (Emergency Signaling De-
vices), 6.2.15 (Motorboats), 6.2.17
(Domestic Power Tools), 9.1.3 (Ref-
use Collection Vehicles), 9.2 (Recrea-
tional Motorized Vehicles Operating
Off Public Rights-Of-Way);
(b) the unamplified human voice;
(c) interstate railway locomotives and
cars; and
[(d) (non-stationary farming equip-
ment)/(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 II.
TABLE II
MOTOR VEHICLE AND
MOTORCYCLE SOUND LIMITS
(MEASURED AT 50 FEET
OR 15 METERS)
Sound Level in dBA
Vehicle Class
Motor Carrier Ve-
hicle engaged in
interstate com-
merce of GVWR
or GCWR of
10,000 Ibs. or
more
All other motor
vehicles of
GVWR or
GCWR of 10,000
Ibs. or more
Any motorcycle
Any other motor
vehicle or any
combination of
vehicles towed
by any motor
vehicle
Speed
Limit
35
MPH
or
Less
86
Speed
Limit
Over
35
MPH
90
Sta-
tion-
ary
Run-
up
88
C
E
B —
D
F
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 EPO/NCO may, by (guide-
lines) (regulations subject to approval
by ), list those acts
which constitute violation of this sec-
tion.
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
othej auditory signaling device on or 19
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in any motor vehicle on any public
right-of-way or public space, except
(as a warning of danger)/(as pro-
vided 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 ve-
hicle; 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 col-
lection 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 min-
utes 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, be-
tween 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 subsec-
tion (b) or (c),] no person shall op-
erate 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 III at a distance of 50 feet (15
mt-ters) 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
20 apply to all recreational motorized
vehicles, whether or not duly licensed
and registered, including, but not lim-
ited to, commercial or non-commer-
cial racing vehicles, motorcycles, go-
carts, snowmobiles, amphibious craft,
campers and dune buggies, but not
including motorboats.
[ (b) Permits for motor vehicle racing
events may be obtained from (appro-
priate authority) according to pro-
cedures and criteria set forth in
[(c) Special variances for ...... may
be obtained from (appropriate au-
thority) according to procedure and
criteria set forth in ............... ]
TABLE HI.
RECREATIONAL MOTORIZED
VEHICLE SOUND LIMITS
(MEASURED AT 50 FEET
OR 15 METERS)
Vehicle Type
Snowmobile
Motorcycle
Any Other Vehicle
Sound Level, dBA
A
B
C
ARTICLE X Land Use
10.1 General Provisions
(a) No owner of any land shall com-
mence or cause to be commenced
construction of any structure covered
by Sections 10.2, 10.3, 10.5 or 10.6
unless approved by the EPO/NCO
as provided in this Article.
(b) Any application for approval re-
quired by this Article shall be sub-
mitted in writing to the EPO/NCO,
with a copy to the (Buildings Depart-
ment)/(Appropriate Department), by
the owner of the land on which the
structure is proposed to be con-
structed and shall contain the follow-
ing 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 support-
ing the claim that the appropriate
requirements will be met; and,
(4) any other information which
the EPO/NCO may reasonably re-
quire.
10.Z Construction Restrictions for
Habitable and Institutional Structures
(a) Except as provided in subsection
(c), no new single family residential
structure shall be approved for con-
struction (excluding substantial re-
-------
pair or alteration) if the exterior day-
night average sound level (Ld>) any-
where 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 resi-
dence, dormitory, mobile home park,
transient lodging, school, hospital,
nursing home or similar structure, or
substantial modification of such exist-
ing structure, shall be approved for
construction if the exterior day-night
average sound level (Lin) 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 (Lt>) on
the site of the proposed structure is
projected not to be in excess of
dBA for years following con-
struction, provided that there is in-
corporated into the design and con-
struction of the structure such sound
attenuation measures as are necessary
to reduce the maximum interior day-
night average sound level (L«0 to
dBA. Subsections (a) and (b)
shall not apply to any site develop-
ment plan or its equivalent on which
four or fewer dwelling units are to
be constructed.
(d) Prior to issuance of any occu-
pancy permit for any structure regu-
lated pursuant to subsection (c), the
owner of the structure shall submit
for EPO/NCO review the report of
an independent testing agency [ap-
proved by the EPO/NCO] certifying
that sound attenuation measures have
been properly incorporated into the
design and construction of the struc-
ture and that the interior Ljn 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 repre-
sentative sample of locations.
(e) The EPO/NCO may conduct
such inspections and measurements
as are necessary to ensure the accu-
racy of any report submitted pur-
suant to subsection (d) and to ascer-
tain 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 construc-
tion or use as a public or private ex-
terior recreational area, including, but
not limited to, childrens' playgrounds,
outdoor theaters and amphitheaters,
picnic grounds, tennis courts and
swimming pools, if the exterior day-
night average sound level (Lit,) any-
where on the site of the proposed rec-
reational area is projected to be in
the excess of dBA within
years following the construc-
tion 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 L*, 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 ex-
terior recreational areas otherwise
prohibited under subsection (a) shall
be allowed if the U. specified in that
subsection can be achieved by appro-
priate means of sound attenuation,
such as berms, barriers, or buildings,
at the perimeter of or elsewhere on
the site.
(d) No new interior recreational fa-
cility, including, but not limited to,
gymnasiums, ice or roller skating
rinks, indoor swimming pools, and
tennis courts, shall be approved for
construciton if the exterior day-night
average sound level anywhere on the
site is projected to be in excess of
dBA within years fol-
lowing the estimated date of comple-
tion of the structure unless there is
incorporated into the design and con-
struction of the structure such sound
attenuation measures as are necessary
to reduce the maximum interior day-
night average sound level (Ld>) to
dBA.
10.4 Site Study Requirement
(a) If the EPO/NCO has reason to
believe that a full report is necessary
to determine whether a proposed
project is prohibited under Section
10.1, such report shall be made by the
applicant prior to approval of any
subdivision, zoning, or building per-
mit application. (If a full report has
not been made and the applicant be-
lieves the project was wrongfully pro-
hibited under Section 10.1, he may
file a full report within days
of the EPO/NCO decision and re-
21
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quest reconsideration by the EPO/
NCO). A full report shall contain the
following information and any other
information which the EPO/NCO
may reasonably require:
(1) the existing day-night average
sound levels (Ldn), including identifi-
cation of the major sources of sound,
for a representative sample of loca-
tions, measured in accordance with
guidelines published by the EPO/
NCO;
(2) any projected or proposed new
or expanded sources of sound which
may affect exposure of the site dur-
ing years following completion
of the project and the projected fu-
ture L,m 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 appli-
cant should be required to submit a
full report pursuant to subsection
(a), the EPO/NCO shall consider
Circular 1390.2 (Noise 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 ap-
proved for construction unless the
owner or developer of such land has
demonstrated, in accordance with
guidelines published by the EPO/
NCO. that the completed structure
and the activities associated with and
on the same property as the struc-
ture, 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
ef the capacity of existing transporta-
tion systems will be approved for lo-
cation in or near residential areas or
noise sensitive zones, regardless of
the source of project funds, unless
such plan includes all control meas-
ures necessary to ensure that the
projected day-night average sound
level (Ldn) due to the operation of
the transportation system does not
22 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 (L) or
in any other equivalent measurement
system the EPO/NCO may reason-
ably approve.
10.8 Zoning Ordinance or Comprehensive
Plan
(a) No proposed zoning ordinance
or comprehensive plan shall be ap-
proved 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 viola-
tion of any provision of this ordi-
nance.
(b) No zoning change application
shall be approved unless the site feas-
ibility 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 habi-
tation, where the structure or prop-
erty is exposed to sound levels regu-
larly in excess of (an Le, 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 EPO/NCO shall
develop a standard format for written
disclosures, which shall include in-
formation on the effects of noise on
human health and welfare.
10.10 Appeals
Any applicant may appeal an adverse
decision by the EPO/NCO under
this Article, in the (appropriate court
of law), on the grounds that the
EPO/NCO disapproval was arbitrary,
capricious, or unreasonable.
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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 .... dol-
lars.
(c) Each day of violation of any
provision of this ordinance shall con-
stitute 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 EPO/NCO or other
(agency/official) responsible for en-
forcement of any provision of this
ordinance may issue an order requir-
ing abatement of any source of sound
or vibration alleged to be in violation
of this ordinance within a reasonable
time period and according to guide-
lines [to be approved by appropriate
authority] which the EPO/NCO may
prescribe.
(b) An abatement order shall not be
issued: (1) for any violation covered
by Section 11.1 (b); (2) for any vio-
lation of ; or,
(3) when the EPO/NCO or other en-
forcement (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 abate-
ment 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 indict-
ment) to be issued by the EPO/NCO
or other responsible enforcement
(agency official) according to pro-
cedures (which the EPO/NCO may
prescribe)/(set forth in ).
11.4 Immediate Threats to Health and
Welfare
(a) The EPO/NCO shall order an
immediate halt to any sound which
exposes any person, except those ex-
cluded pursuant to subsection (b),
to continuous sound levels in excess
of those shown in Table IV or to
impulsive sound levels in excess of
those shown in Table V. Within
days following issuance of
such an order, the EPO/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 per-
sons exposed to sound levels in excess
of those listed in Tables IV and V
are exposed as a result of (1) tres-
pass; (2) invitation upon private
property by the person causing or
permitting the sound: (3) employ-
ment 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 d)
the sound is brought into compliance
with the order, as determined by the
EPO/NCO; or (2) a judicial order
has superseded the EPO/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 IV
CONTINUOUS SOUND LEVELS
WHICH POSE AN IMMEDIATE
THREAT TO HEALTH AND
WELFARE
(Measured at 50 Feet or 15 Meters)*
Sound Level
Limit—(dB A)
90
93
96
99
102
105
108
Duration
24 hours
12 hours
6 hours
3 hours
1.5 hours
45 minutes
22 minutes
* Use equal energy time-intensity trade-off if level
varies; find energy equivalent over 24 hours.
TABLE V
IMPULSIVE SOUND LEVELS WHICH
POSE AN IMMEDIATE THREAT TO
HEALTH AND WELFARE
(Measured at 50 Feet or 15 Meters)
Sound Level
Limit (dB)
145
135
125
Number of
Repetitions per
24 Hour Period
1
10
100
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11.5 Citizen Suits
(a) Any person, other than persons
responsible for enforcement of this
ordinance, may commence a civil ac-
tion on his own behalf (1) against
any person who is alleged to be in
violation of any provision of this
ordinance set forth in Table VI be-
low or (2) against the EPO/NCO
where there is alleged a failure of
the EPO/NCO to perform any act
TABLE VI
Provisions Under Which Civil Actions
May Be Commenced
6.2.1 (a) (Radios, Television Sets, Musical
Instruments and Similar De-
vices)
6.2.2 (Loudspeakers/Public Ad-
dress 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. l(b) (Motor Vehicle Horns and
Signaling Devices)
10.9 (Truth in Selling or Renting)
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 EPO/NCO
[and to the alleged violator] of such
violation, or
(B) if the EPO/NCO has com-
menced 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 EPO/NCO that
he will commence such action. Notice
under this subsection shall be given
in a manner prescribed by the EPO/
NCO.
(c) In any action under this section,
the EPO/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 discre-
tion award the costs of litigation to
any party.
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 therefrom, of any per-
son 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 other-
wise invalid by any court of com-
petent jurisdiction, the remaining pro-
visions of the ordinance shall not be
invalidated.
11.8 Effective Date
This law/ordinance shall take the
effect on
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