EPA 550/9-76-003
(SRI MODEL
COMMUNITY
NOISE CONTROL
ORDINANCE
September 1975
U.S. Environmental Protection Agency
Washington, D.C. 20460
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
LPA 550/9-7^-003
3. RECIPIENT'S ACCESSIOr*NO.
(dat(j of
approval)
4. TITLE AND SUBTITLE
Model Community Noise Control Ordinance
5. REPORT DATE
cptember 1975
6. PERFORMING ORGANIZATION CODE
AW-471
'. AUTHOR(S)
National Institute of Municipal Law Officers
U.S. Environmental Protection Agency
8. PERFORMING ORGANIZATION REPORT NO.
N/A
I. PERFORMING ORGANIZATION NAME AND ADDRESS
10. PROGRAM ELEMENT NO.
N/A
it
ITF
11. CONTRACT/GRANT NO.
None
12. SPONSORING AGENCY NAME AND ADDRESS
Environmental Protection Agency
Office of Noise Abatement and Control
Crystal Mall #2
Arlington, Virginia 20460
13. TYPE OF REPORT AND PERIOD COVERED
Final
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES '-
Prepared in cooperation with N.I.M.L.O,
16. ABSTRACT ~"~~~ ' '
This report contains a model ordinance for use by cities and counties
in the development of noise control ordinances tailored to local con-
ditions and goals. It is a comprehensive, performance-standard noise
ordinance intended to overcome enforcement problems associated with
the outmoded nuisance law approach to noise control. This report con-
tains sections on the control of noise from both stationary and mobile
sources and includes land use planning provisions. A preamble gives
important explanatory information for certain ordinance sections.
7.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
enforcement, land use, model
ordinance, noise control, sound
levels, standards
b.lDENTIFIERS/OPEN ENDED TERMS C. COS AT I Field/Group
8. DISTRIBUTION STATEMENT
Release Unlimited
19. SECURITY CLASS (This Report I
21. NO. O" PAGES
20. SECURITY CLASS (Thispage)
22. PRICE
EPA Form 2220-1 (9-73)
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EPA 550/9-76-003
MODEL COMMUNITY NOISE CONTROL ORDINANCE
SEPTEMBER 1975
PREPARED BY:
National Institute of Municipal
Law Officers
in conjunction with
The U.S. Environmental Protection Agency
This document has been approved for general
availability. It does not constitute a standard,
specification, or regulation.
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FOREWORD
In recent years, interest in noise control legislation on the local level has increased
greatly, and the need for an up-to-date, comprehensive model law has become evident.
Cities and counties throughout the country have become aware that ordinances relying
solely on the nuisance law approach are inadequate to control today's noise problems,
and they have sought an effective alternative. This is a performance-standard model noise
ordinance which is intended to be a basic tool for use by communities of various sizes in
the development of noise control ordinances tailored to their specific local conditions
and goals.
This model ordinance was prepared by the National Institute of Municipal Law
Officers in conjunction with the Environmental Protection Agency. Representatives of
several State and local governments also assisted in the ordinance preparation. We would
like to express our thanks to all those who contributed to the drafting and review of
this model ordinance.
Charles S. Rhyne, General Counsel
National Institute of Municipal Law Officers
Alvin F. Meyer, Jr. V
Deputy Assistant Administrate
for Noise Control Programs
U. S. Environmental Protection Agency
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PREAMBLE TO THE MODEL COMMUNITY NOISE
CONTROL ORDINANCE
CONTENTS
PAGE
INTRODUCTION 1
Purpose r~
Background 2
Interrelationship of Various Provisions
GENERAL PROVISIONS 2
Policy Regarding Levels 2
Preemption 3
Hearing Board and Advisory Council **
SPECIFIC PROVISIONS 6
Article III - Definitions ^
Article IV — Powers and Duties
Article VIII - Defining Land Use Districts 9
Article X - Land Use 9
Article XI - Enforcement 13
FORMAT 14
FIGURES
PAGE
Figure 1. Fixed Noise Source Levels at Residential Boundaries 10
Figure 2. Fixed Noise Source Levels at Business/Commercial Boundaries .... 11
FigureS. Fixed Noise Source Levels at Manufacturing/Industrial Boundaries . . . 12
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MODEL COMMUNITY NOISE CONTROL ORDINANCE
LIST OF PROVISIONS
CONTENTS
ARTICLE I SHORT TITLE
ARTICLE II DECLARATION OF FINDINGS AND POLICY; SCOPE
ARTICLE III
ARTICLE IV
4.1
4.2
4.2.1
4.2.2
4.2.3
4.2.4
4.2.5
4.2.6
4.2.7
4.2.8
4.2.9
4.2.10
4.3
4.3.1
4.3.2
4.3.3
4.3.4
4.3.5
4.3.6
4.3.7
4.3.8
4.3.9
DEFINITIONS AND STANDARDS
POWERS AND DUTIES OF THE (ENVIRONMENTAL
PROTECTION)/(NOISE CONTROL) OFFICE(R)
Lead (Agency/Official)
Powers of the (Environmental Protection)/(Noise Control)
Office(r)
Studies
Education
Coordination and Cooperation
Review of Actions of Other Departments
Review of Public and Private Projects
Inspections
Records
Measurements by the Owner or Operator
Product Performance Standard Recommendations
Noise Sensitive Zone Recommendations
Duties of (Environmental Protection)/(Noise Control) Office(r)
Standards, Testing Methods, and Procedures
Investigate and Pursue Violations
Delegation of Authority
Truck Routes and Transportation Planning
Capital Improvement Guidelines
State and Federal Laws and Regulations
Planning to Achieve Long Term Noise Goals
Administer Grants, Funds and Gifts
Periodic Report
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PAGE
ARTICLE V DUTIES AND RESPONSIBILITIES OF OTHER
DEPARTMENTS
5.1 Departmental Actions
5.2 Departmental Cooperation
5.3 Departmental Compliance with Other Laws
5.4 Project Approval
5.5 Contracts
5.6 Low Noise Emission Products
5.7 Capital Improvement Program
ARTICLE VI PROHIBITED ACTS
6.1 Noise Disturbances Prohibited
6.2 Specific Prohibitions
6.2.1 Radios, Television Sets, Musical Instruments and Similar
Devices
6.2.2 Loudspeakers/Public Address Systems
6.2.3 Street Sales
6.2.4 Animals and Birds
6.2.5 Loading and Unloading
6.2.6 Construction
6.2.7 Vehicle or Motorboat Repairs and Testing
6.2.8 Airport and Aircraft Operations
6.2.9 Places of Public Entertainment
6.2.10 Explosives, Firearms, and Similar Devices
6.2.11 Powered Model Vehicles
6.2.12 Vibration
6.2.13 Stationary Non-Emergency Signaling Devices
6.2.14 Emergency Signaling Devices
6.2.15 Motorboats
6.2.16 Noise Sensitive Zones
6.2.17 Domestic Power Tools
6.2.18 Tampering
ARTICLE VII EXCEPTIONS AND VARIANCES
7.1 Emergency Exception
7.2 Special Variances
7.3 Variances for Time to Comply
7.4 Appeals
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ARTICLE VIII SOUND LEVELS BY RECEIVING LAND USE
8.1 Maximum Permissible Sound Levels by Receiving Land Use
8.2 Correction for Character of Sound
8.3 Exemptions
ARTICLE IX MOTOR VEHICLE MAXIMUM SOUND LEVELS
9. Motor Vehicles and Motorcycles on Public Rights-of-Way
9. .1 Adequate Mufflers or Sound Dissipative Devices
9. .2 Motor Vehicle Horns and Signaling Devices
9. .3 Refuse Collection Vehicles
9. .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 Restrictions
10.4 Site Study Requirement
10.5 Commercial and Industrial Construction
10.6 Sound from New Transportation Systems 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
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TABLES
Table 1. Sound Levels by Receiving Land Use
Table 2. Motor Vehicle and Motorcycle Sound Limits
Table 3. Recreational Motorized Vehicle Sound Limits
Table 4. Continuous Sound Levels
Table 5. Impulsive Sound Levels
Table 6. Provisions Under Which Civil Actions May Be Commenced
PAGE
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IX
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PREAMBLE TO THE MODEL COMMUNITY
NOISE CONTROL ORDINANCE
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 important that the community ensure that all provisions adopted are realistic in relation
to local needs and conditions; that all provisions are consistent with one another, with other
local law, and with State and Federal law; and, finally, that all provisions are clear and other-
wise 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 seq.) and the tremendous 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 exclusively on difficult to enforce nuisance provisions. While the model
ordinance preserves common law with Article VI provisions 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 govern-
ments, coupled with definitive standards incorporated into local noise control ordinances,
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 Protec-
tion Agency during late 1975. In addition to containing the model ordinance (perhaps with
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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 various enforcement approaches.
Although the model ordinance will stand alone as a legal document, for proper enforce-
ment the City/County must additionally have a code of recommended practices or rules and
regulations which give general specifications for sound measuring equipment and measure-
ment methodology. This document should also provide detailed procedures 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 preparing 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 determines which activities it wishes to regulate, the
appropriate model provision or provisions 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 coverage. In this case,
enforcement against the owner or operator of a noisy go-cart would probably come under
the provision more easily enforced, but could come under both provisions violated, at the
discretion of the enforcement agency. If a community does not desire such multiple cover-
age, it can either omit certain provisions or it can exempt acts covered by other provisions
from multiple 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 operation of equipment have also generally been omitted.
The reason for these omissions 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
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communities. Each community has its own set of environmental, 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
technical practicality and economic reasonableness of sound levels chosen. However, in the
regulation of noise pollution, the protection of public health and welfare is the major legal
basis for control and must be carefully considered in the determination of performance
standard noise levels and hours of curfew. For a specification of national maximum noise
exposure guidelines, consult Information on the Levels of Environmental Noise Requisite to
Protect Public Health and Welfare with an Adequate Margin of Safety (U.S. Environment
Protection Agency, March 1974).
Preemption
Under the Noise Control Act of 1972 (49 U.S.C. § § 4901 et seq.), certain areas of
local authority will become preempted 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 present the scope of Federal preemption and indicate the provisions
of the model ordinance which were drafted wholly or partially to respond to the issue of
preemption.
An overall requirement to monitor Federal preemptive regulations and to respond to
them in the local noise ordinance is contained in Section 4.3.6 (b). This subsection provides
that, at such time as Federal regulations become effective which are by law preemptive of
the laws of State and local governments, the Environmental Protection Office(r)/Noise Con-
trol Office(r) (EPO/NCO) shall review the provisions of the local ordinance which may be
affected and make appropriate recommendations for changes to the city council/legislative
body.
The purposes of including such a provision in this ordinance are to facilitate the coordi-
nation of the local noise control efforts with the Federal noise program and to reduce the
possibility of defendants raising Federal preemption as a defense to charges of local law
violations.
With regard to the scope of preemption, the preemptive provision of Section 6 of the
Noise Control Act differs considerably from those of Sections 17 and 18. The Section 6
provision is relatively narrow, preempting local laws covering new product noise emission
levels which are directed at the manufacture or sale of such products. The preemptive pro-
visions of Sections 17 and 18 are very broad, preempting local noise laws which affect the
operation of interstate motor and rail carrier vehicles.
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In Section 6, subsection 6(e)(l) provides that, after the effective date of an EPA regu-
lation 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 particular new
product or component any law or regulation which sets a noise emission limit on such pro-
duct (or component) enforceable against the manufacturer of the product, applicable at the
time of sale, unless such law or regulation is identical to the Federal regulation. Thus, the
preemption 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 subsection 6(e)(2), retain authority to control
products by all other available means. This subsection states that nothing in this section
precludes or denies the right of State or local governments to establish and enforce controls
on environmental noise and sources thereof through the licensing, regulation, or restriction
of the use, operation, or movement of any product or combination of products.
Thus, although a local government may not enforce a nonidentical local law regarding
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 regula-
tions enforceable against the owner or operator of the product by providing, for example,
maximum noise levels for operation, curfews on operation, prohibition of use in a residential
neighborhood or hospital zone, or requirements for periodic inspection and licensing of the
product.
Broader preemptive coverage is found in Sections 17(c)(l) and 18(c)(l). These sections
provide that, after the effective date of an EPA regulation applicable to noise emissions from
interstate rail or motor carriers, no State or political subdivision thereof may adopt or en-
force any standard applicable to the same noise source unless such standard is identical to
the Federal standard. However, Sections 17(c)(2) and 18(c)(2) provide that nothing in these
sections 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 consultation with the Secretary of the Department
of Transportation, determines that such local law is necessitated by special local
conditions, 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, 1975)
and Section 17 (undetermined as yet), local governments should review any ordinance provi-
sions applicable to noise emissions resulting from the use or operation of motor vehicles with
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a gross vehicle or combination weight rating of greater than 10,000 Ibs. operated by an inter-
state motor carrier and of interstate surface railroad locomotives 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 standard but
also to the core measurement methodology which defines the standard. Non-identical stan-
dards may not be enforced, and should be declared ineffective, as of the effective 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 measurement methodology should
be incorporated into the community code of recommended practices.
In general, we can classify the preemptive effect of these sections on local law into three
categories. First, any local law which sets noise emission levels for interstate motor vehicles
and rail locomotives and cars must be identical to the Federal standard. No special local con-
dition 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 preemption if (1) the principal purpose of such regulation is not to control
noise, or (2) the principal purpose is to control noise but the regulation has been approved
by the EPA as necessitated by special local conditions and not in conflict with Federal regu-
lations. For example, truck routes designated solely on the basis of noise must be submitted
to EPA f,or determination of a special local condition. Truck routes based on additional
factors, such as the safety of children, maximum 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 preemption provisions except in rare
cases. Thus, the property line levels may be applied to noise emissions caused by interstate
motor carrier vehicles at a loading terminal so long as means of abatement are possible which
do not require controlling the noise emission 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 regarding ordinance violations. Under this approach, the
Hearing Board would decide the case and determine the penalty. Local courts would be
utilized in appeals of the decisions of the board. This approach avoids overburdening
existing courts.
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The City/County may also wish to use a Hearing Board to make determinations on
Special Variances (Section 7.2) and Variances for Time to Comply (Section 7.3). This
would free EPO/NCO personnel to perform other tasks under the ordinance. However, 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 opera-
tion 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 providing (1) advice on development of the noise
control program; (2) recommendations on which provisions of the model ordinance 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 writing 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 international 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, Motorboats).
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 contain objective criteria, proof of an additional subjective element is unnecessary.
3. Section 3.2.22, Definition of "Person"
The definition of person does not include Federal agencies and departments. This is
because legal decisions have not yet determined the extent of a locality's authority to bring
action against the Federal government for noise control violations.
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Section 4 of the Noise Control Act of 1972 requires that all departments, agencies, and
instrumentalities of the executive, legislative, and judicial branches of the Federal Government
comply with Federal, State, interstate, and local requirements respecting control and abate-
ment of environmental noise to the same extent that any person is subject to such require-
ments. 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 sub-
stantive 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 Government for violations of their noise control laws, regulations and ordinances.
Accordingly, 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, Section 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 Federal Government must comply with administrative provisions, and
whether penalties, orders, and enforcement actions will be directed at the Federal Govern-
ment under Article XI (Enforcement).
Article IV - Powers and Duties of the (Environmental Protection)/(Noise Control) Office(r)
1. Resolving Interdepartmental Conflicts
Section 4.2.4 (Review of Actions of Other Departments); Section 4.2.5 (Review of Pub-
lic and Private Projects), Section 4.3.4 (Truck Routes and Transportation Planning) and
Article V (Duties and Responsibilities of other Departments) have the potential of causing
interdepartmental conflicts since there is shared responsibility. The community may wish
to specify in the ordinance a method for resolving such conflicts, perhaps by authorizing the
city council, county board of supervisors, mayor, etc., to negotiate differences and make a
final decision.
2. Education
Section 4.2.2 authorizes the (Environmental Protection)/(Noise Control) Office(r) to edu-
cate the public on methods of controlling noise and on the provisions of the ordinance. The
EPO may wish to exercise caution, however, in providing specific advice on solving a particular
noise problem. For instance, if the EPO were to advise a commercial establishment on a
method of reducing 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 matters of this
type.
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3. 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 comply with the
ordinance. This applies to such matters as licensing a race track, approving a housing project,
or granting a permit for a construction site, if required to be approved 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 recommend
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 significantly impacting
the noise environment.
This provision does not set criteria for determining whether a proposed project must be
reviewed by the EPO/NCO. If the City/County wishes the EPO/NCO to review every pro-
posed 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 pro-
posed project is subject to noise impact review, criteria can be either included in the language
of this provision, or the EPO/NCO can develop criteria in consultation with affected depart-
ments. Such criteria may include, for example, 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.
4. Inspections
Section 4.2.6 concerns inspections. To be constitutionally permissible, administrative
searches or inspections conducted by municipal inspectors on private property must be made
using a warrant procedure (Camara v. Municipal Court, 387 U.S. 523 (1967); 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 con-
cerning 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 determined without an inspection on the premises on
which the sound source is situated, so a search warrant is not needed in these situations.
8
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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 quanti-
tative limit to provide stronger legal control over undesirable sound levels than is attainable
with an ordinance containing 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 Article 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 residential zone), or if
there are large tracts of unzoned land, the community may prefer 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 controlling property line noise is that of the
occasional non-conforming land use. An example is the case of a single residence located in
an industrial area. It may not be possible for several manufacturers impacting the residence
to lower their noise levels to meet the limit specified for residential areas. Situations of this
type will require some discretion in enforcement.
Figures 1, 2, and 3 summarize graphically the property line levels set by current muni-
cipal noise ordinances.
Article X - Land Use
The basic purpose of the Article X land use planning provisions is to ensure that no new
residences, institutions or recreational areas are constructed in high noise areas, as determined
by the appropriate sections. Although the Article was drafted to stand independently from
the existing community land use planning or zoning systems, it is important for a community
considering enactment of this Article to study the interaction of Article X with the land use
planning and/or zoning laws and to reconcile them where necessary. It may be better, for
example, to enact Article X as an amendment to an existing land use law rather than as a
part of the noise control ordinance. Furthermore, because this Article effectively rezones
land subject to its provisions, the community may want or need to take special measures
before enactment of this Article. These may include a general identification of the areas that
will be affected by these provisions.
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->n
DAYTIME LEVELS £
NIGHTTIME LEVELS Q
AVERAGE DAY 56 75
AVERAGE NIGHT 51.76
117 CITIES DAYTIME LIMITS
1 18 CITIES NIGHTTIME LIMITS
1
.i
1
i
FIGURE 1
FIXED SOURCE NOISE LEVELS ALLOWABLE AT
1 4
i .'
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Figure 1. Fixed Source Noise Levels Allowable at Residential District Boundaries
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Figure 2. Fixed Source Noise Levels Allowable at Business/Commercial District Boundaries
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DAYTIME LEVELS £
NIGHTTIME LEVELS (""j
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Figure 3. Fixed Source Noise Levels Allowable at Manufacturing/Industrial District Boundaries
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Article XI — Enforcement
Provisions in this Article are more likely to need revision to conform with local law
than other provisions of the model ordinance. For example, the City/County may wish to
make violations of the ordinance "infractions," similar to minor traffic violations, 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
activities prohibited by the ordinance before fully effectuating its enforcement program. For
example, the City/County may utilize a discretionary policy of issuing an abatement 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 unintentional. The EPO/NCO may
wish to establish guidelines for use of the abatement order, indicating, for example, appro-
priate 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 incomplete in several respects for easy adaptation
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 intensities 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 deliverately set high,
because there is no procedure in this provision for balancing public health with economic or
other considerations; public health is the sole determinant. 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)).
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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 unjusti-
fied, 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 1 1.6 (Other Remedies), common law and statutory remedies previously
used to regulate excessive sound will still remain available. It is desirable to retain 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 provided for under the
ordinance. The ordinance 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:
1. The material contained in square brackets [ ] 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.)
2. Parentheses ( ) are generally used to designate alternative choices, but in some
cases contain explanatory information, depending on the context.
3. Blanks must be filled in by the community with appropriate information.
4. Wherever the term EPO/NCO appears, the title of the community's lead noise
enforcement agency or official should be inserted.
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MODEL COMMUNITY NOISE CONTROL ORDINANCE
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MODEL COMMUNITY NOISE CONTROL ORDINANCE
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 vibration are a serious hazard to the public
health and welfare, safety, and the quality of life; and WHEREAS a sub-
stantial body of science and technology exists by which excessive sound and
vibration may be substantially abated; and, WHEREAS the people have a
right to and should be ensured an environment free from excessive sound
and vibration that may jeopardize their health or welfare or safety or
degrade the quality of life; and, NOW, THEREFORE, it is the policy of the
(City/County) of to prevent excessive sound and vibration
which may jeopardize the health and welfare or safety of its citizens or
degrade the quality of life.
2.2 SCOPE
This ordinance shall apply to the control of all sound and vibration origi-
nating within the limits of the (City/County) of .
ARTICLE III DEFINITIONS
3.1 TERMINOLOGY
All terminology used in this ordinance, not defined below, shall be in con-
formance with applicable publications of the American National Standards
Institute (ANSI) or its successor body.
3.2.1 "A-WEIGHTED SOUND LEVEL" MEANS
The sound pressure level in decibels as measured on a sound level meter
using the A-weighting network. The level so read is designated dB(A) or
dBA.
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3.2.2 "COMMERCIAL AREA" MEANS
((As defined in the community (comprehensive plan)/(zoning ordinance)).
3.2.3 "CONSTRUCTION" MEANS
Any site preparation, assembly, erection, substantial repair, alteration, or
similar action, but excluding demolition, for or of public or private rights-
of-way, structures, utilities or similar property.
3.2.4 "DAY-NIGHT AVERAGE SOUND LEVEL (Ldn)" MEANS
The 24-hour energy average of the A-weighted sound pressure level, with
the levels during the period 10:00 p.m. to 7:00 a.m. the following day
increased by 10 dBA before averaging.
3.2.5 "DECIBEL (dB)" MEANS
A unit for measuring the volume of a sound, equal to 20 times the loga-
rithm to the base 10 of the ratio of the pressure of the sound measured to
the reference pressure, which is 20 micropascals (20 micronewtons per
square meter).
3.2.6 "DEMOLITION" MEANS
Any dismantling, intentional destruction or removal of structures, utilities,
public or private right-of-way surfaces, or similar property.
3.2.7 "EMERGENCY" MEANS
Any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage which demands immediate action.
3.2.8 "EMERGENCY WORK" MEANS
Any work performed for the purpose of preventing or alleviating the
physical trauma or property damage threatened or caused by an emergency.
3.2.9 "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 munici-
pal official having lead responsibility for this ordinance.)
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3.2.10 "EQUIVALENT A-WEIGHTED SOUND LEVEL (Leq)" MEANS
The constant sound level that, in a given situation and time period, conveys
the same sound energy as the actual time-varying A-weighted sound. [ For
the purposes of this ordinance, a time period of 24 hours shall be used,
unless otherwise specified.]
3.2.11 "GROSS VEHICLE WEIGHT RATING (GVWR)" MEANS
The value specified by the manufacturer as the recommended maximum
loaded weight of a single motor vehicle. In cases where trailers and
tractors are separable, the gross combination weight rating (GCWR), which
is the value specified by the manufacturer as the recommended maximum
loaded weight of the combination vehicle, shall be used.
3.2.12 "IMPULSIVE SOUND" MEANS
Sound of short duration, usually less than one second, with an abrupt
onset and rapid decay. Examples of sources of impulsive sound include
explosions, drop forge impacts, and the discharge of firearms.
3.2.13 "INDUSTRIAL AREA" MEANS
((As defined in the community (comprehensive plan)/(zoning ordinance)).
3.2.14 "MOTOR CARRIER VEHICLE ENGAGED IN INTERSTATE
COMMERCE" MEANS
Any vehicle for which regulations apply pursuant to Section 18 of the
Federal Noise Control Act of 1972 (P.L. 92-574), as amended, pertaining
to motor carriers engaged in interstate 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.
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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 combustion
engine.
3.2.19 "NOISE" MEANS
Any sound which annoys or disturbs humans or which causes or tends to
cause an adverse psychological or physiological effect on humans.
3.2.20 "NOISE DISTURBANCE" MEANS
Any sound which (a) endangers or injures the safety or health of humans
or animals, or (b) annoys or disturbs a reasonable person of normal sensi-
tivities, or (c) endangers or injures personal or real property.
3.2.21 "NOISE SENSITIVE ZONE" MEANS
Any area designated pursuant to Section 4.2.10 of this ordinance for the
purpose of ensuring exceptional quiet.
3.2.22 "PERSON" MEANS
Any individual, association, partnership, or corporation, and includes any
officer, employee, department, agency or instrumentality of a State or any
political subdivision of a State.
3.2.23 "POWERED MODEL VEHICLE" MEANS
Any self-propelled airborne, waterborne, or 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, highway, sidewalk or alley or similar place
which is owned or controlled by a governmental entity.
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3.2.25 "PUBLIC SPACE" MEANS
Any real property or structures thereon which are owned or controlled by
a governmental entity.
3.2.26 "PURE TONE" MEANS
Any sound which can be distinctly heard as a single pitch or a set of single
pitches. For the purposes of this ordinance, a pure tone shall exist if the
one-third octave band sound pressure level in the band with the tone
exceeds the 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 (comprehensive plan)/(zoning ordinance)).
3.2.29 "RMS SOUND PRESSURE" MEANS
The square root of the time averaged square of the sound pressure,
denoted Pirns-
3.2.30 "SOUND" MEANS
An oscillation in pressure, particle displacement, particle velocity or other
physical parameter, in a medium with internal forces that causes com-
pression and rarefaction of that medium. The description of sound may
include any characteristic of such sound, including duration, intensity and
frequency.
3.2.3 1 "SOUND LEVEL" MEANS
The weighted sound pressure level obtained by the use of a sound level
meter and frequency weighting network, such as A, B, or C as specified in
American National Standards Institute specifications for sound level
meters (ANSI S1.4 - 1971, or the latest approved revision thereof). If the
frequency weighting employed is not indicated, the A-weighting shall apply.
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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
pressure to the reference pressure of 20 micropascals (20 x 10~6 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
described by displacement, velocity, or acceleration with respect to a
given reference point.
3.2.36 "WEEKDAY" MEANS
Any day Monday through Friday which is not a legal holiday.
ARTICLE IV POWERS AND DUTIES OF THE (ENVIRONMENTAL PROTECTION)/
(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 CON-
TROL) OFFICE(R)
In order to implement and enforce this ordinance and for the general
purpose of sound and vibration abatement 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.
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4.2.2 EDUCATION
(a) Conduct programs of public education regarding:
(1) The causes, effects and general methods of abatement and con-
trol of noise and vibration;
(2) The actions prohibited by this ordinance and the procedures for
reporting violations;
(b) Encourage the participation of public interest groups in related public
information efforts.
4.2.3 COORDINATION AND COOPERATION
(a) Coordinate the noise and vibration control activities of all municipal
departments;
(b) Cooperate to the extent practicable with all appropriate State and
Federal agencies;
(c) Cooperate or combine to the extent practicable with appropriate
county and municipal agencies;
(d) Enter into contracts [with the approval of the (appropriate authority)]
for the provision of technical and enforcement services.
4.2.4 REVIEW OF ACTIONS OF OTHER DEPARTMENTS
Request any other department or agency responsible for any proposed or
final standard, regulation or similar action to consult on the advisability
of revising the action, if there is reason to believe that the action is not
consistent with this ordinance.
4.2.5 REVIEW OF PUBLIC AND PRIVATE PROJECTS
Review public and private projects, subject to mandatory review or approval
by other departments, for compliance with this ordinance, if such projects
are likely to cause sound or vibration in violation of this ordinance.
4.2.6 INSPECTIONS
(a) Upon presentation of proper credentials, enter and inspect any private
property or place, and inspect any report or records at any reasonable
time when granted permission by the owner, or by some other person
with apparent authority to act for the owner. When permission is
refused or cannot be obtained, a search warrant may be obtained from
a court of competent jurisdiction upon showing of probable cause to
believe that a violation of this ordinance may exist. Such inspection
may include administration of any necessary tests.
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[ (b) Stop any motor vehicle, motorcycle, or motorboat operated on a
public right-of-way, public space, or public waterway reasonably
suspected of violating any provision of this ordinance, and issue a
notice of violation or abatement order which may require the motor
vehicle, motorcycle or motorboat to be inspected or tested as the
EPO/NCO may reasonably require.]
4.2.7 RECORDS
Require the owner or operator of any commercial or industrial activity to
establish and maintain records and make such reports as the 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 accordance
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
authority) provisions regulating the use and operation of any product,
including the specification of maximum allowable sound emission
levels of such product.
[ (b) Develop and recommend for promulgation (to the appropriate authority)
provisions prohibiting the sale of products which do not meet specified
sound emission levels, where the sound level of the product is not
regulated by the United States Environmental Protection Agency under
Section 6 of the Noise Control Act of 1972.]
4.2.10 NOISE SENSITIVE ZONE RECOMMENDATIONS
Prepare recommendations, to be approved by (the appropriate authority),
for the designation of noise sensitive zones which contain noise sensitive
activities. Existing quiet zones shall be considered noise sensitive zones
until otherwise designated. Noise sensitive activities include, but are not
limited to, operations of schools, libraries open to the public, churches,
hospitals, and nursing homes.
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4.3 DUTIES OF (ENVIRONMENTAL PROTECTION)/(NOISE CONTROL)
OFFICE(R) .
In order to implement and enforce this ordinance effectively, the EPO/NCO
shall within a reasonable time after the effective date of the ordinance:
4.3.1 STANDARDS, TESTING METHODS, AND PROCEDURES
Develop, [recommend to the appropriate authority,] and promulgate
standards, testing methods and procedures.
4.3.2 INVESTIGATE AND PURSUE VIOLATIONS
In consonance with Section 4.2.6, Article XI, and other provisions of this
ordinance, investigate and pursue possible violations of this ordinance.
4.3.3 DELEGATION OF AUTHORITY
Delegate functions, where appropriate under this ordinance, to personnel
within the 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 vibra-
tion caused by transportation; recommend changes or modifications
to transportation systems to minimize the sound and vibration impact
on residential areas and noise sensitive zones.
(b) Assist in or review the total transportation planning of the community,
including planning for new roads and highways, bus routes, airports,
and other systems for public transportation, to ensure that the impact
of sound and vibration receives adequate consideration.
4.3.5 CAPITAL IMPROVEMENT GUIDELINES
Establish noise assessment guidelines for the evaluation of proposed improve-
ments for the capital improvements budget and program pursuant to Section
5.5. These guidelines shall assist in the determination of the relative priority
of each improvement in terms of noise impact.
4.3.6 STATE AND FEDERAL LAWS AND REGULATIONS
(a) Prepare and publish [with the approval of ] a list of
those products manufactured to meet specified noise emission limits
under Federal, State, or community law for which "tampering" en-
forcement will be conducted;
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(b) Make recommendations for modifications or amendments to this
ordinance to ensure consistency with all State and Federal laws and
regulations.
[4.3.7] PLANNING TO ACHIEVE LONG TERM NOISE GOALS
[Develop a generalized sound level map of the (city/county), a long term
plan for achieving quiet in the (city/county), and [with the approval of
,] integrate this plan into the planning process of the
(city/county).]
4.3.8 ADMINISTER GRANTS, FUNDS AND GIFTS
Administer noise program 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 enforcing this ordinance.
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 sub-
ject to such laws and regulations.
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5.4 PROJECT APPROVAL
All departments whose duty it is to review and approve new projects or
changes to existing projects, that result, or may result, in the production
of sound or vibration shall consult with the EPO/NCO prior to any such
approval.
5.5 CONTRACTS
Any written contract, agreement, purchase order, or other instrument
whereby the (city/county) is committed to the expenditure of
dollars or more in return for goods or services shall contain provisions
requiring compliance with this ordinance.
5.6 LOW NOISE EMISSION PRODUCTS
Any product which has been certified by the Administrator of the United
States Environmental Protection Agency pursuant to Section 15 of the
Noise Control Act as a low noise emission product and which he deter-
mines is suitable for use as a substitute, shall be procured by the city/county
and used in preference to any other product, provided that such certified
product is reasonably available and has a procurement cost which is not
more than (125) percentum of the least expensive type of product for
which it is certified as a substitute.
5.7 CAPITAL IMPROVEMENT PROGRAM
All departments responsible for a capital improvements budget and program
shall prepare an analysis of the noise impact of any proposed improvements
in accordance with noise assessment guidelines established by the EPO/NCO
pursuant to Section 4.3.5. Proposed capital improvements include land
acquisition, building construction, highway improvements, and utilities and
fixed equipment installation.
ARTICLE VI PROHIBITED ACTS
6.1 NOISE DISTURBANCES PROHIBITED
No person shall unreasonably make, continue, or cause to be made or con-
tinued, any noise disturbance. Non-commercial public speaking and public
assembly activities conducted on any public space or public right-of-way
shall be exempt from the operation of this Section.
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6.2 SPECIFIC PROHIBITIONS
The following acts, and the causing thereof, are declared to be in violation
of this ordinance:
6.2. 1 RADIOS, TELEVISION SETS, MUSICAL INSTRUMENTS AND SIMILAR
DEVICES
Operating, playing or permitting the operation or playing of any radio,
television, phonograph, drum, musical instrument, sound amplifier, or
similar device which produces, reproduces, or amplifies sound:
(a) Between the hours of _ p.m. and _ a.m. the following
day in such a manner as to create a noise disturbance across a real
property boundary or within a noise sensitive zone, (except for
activities open to the public and for which a permit has been issued
by (appropriate authority) according to criteria set forth in
(b) In such a manner as to create a noise disturbance at 50 feet ( 1 5 meters)
from such device, when operated in or on a motor vehicle on a public
right-of-way or public space, or in a boat on public waters;
(c) In such a manner as to create a noise disturbance to any person other
than the operator of the device, when operated by any passenger on
a common carrier;
(d) This section shall not apply to non-commercial spoken language covered
under Section 6.2.2.
6.2.2 LOUDSPEAKERS/PUBLIC ADDRESS SYSTEMS
(a) Using or operating for any noncommercial purpose any loudspeaker,
public address system, or similar device between the hours of 10:00
p.m. and 8:00 a.m. the following day, such that the sound therefrom
creates a noise disturbance across a residential real property boundary
or within a noise sensitive zone.
(b) Using or operating for any commercial purpose any loudspeaker,
public address system, or similar device (1) such that the sound there-
from creates a noise disturbance across a real property boundary or
within a noise sensitive zone; or (2) between the hours of _ p.m.
and _ a.m. the following day on a public right-of-way or public
space.
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6.2.3 STREET SALES
Offering for sale or selling anything by shouting or outcry within any resi-
dential or commercial area of the (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 disturbance across a residential real property
boundary.or within a noise sensitive zone. [This provision shall not apply
to public zoos.]
6.2.5 LOADING AND UNLOADING
Loading, unloading, opening, closing or other handling of boxes, crates,
containers, building materials, garbage cans, or similar objects between the
hours of p.m. and a.m. the following day in such a manner
as to cause a noise disturbance across a residential real property boundary
or within a noise sensitive zone.
6.2.6 CONSTRUCTION
Operating or permitting the operation of any tools or equipment used in
construction, drilling, or demolition work:
(a) Between the hours of p.m. and a.m. the following day
on weekdays or at any time on (Sundays/weekends) or holidays, such
that the sound therefrom creates a noise disturbance across a residential
real property boundary or within a noise sensitive zone, except for
emergency work of public service utilities or by special variance issued
pursuant to Section 7.2;
(b) At any other time such that the sound level at or across a real property
boundary exceeds an Leq of dBA for the daily period of operation.
(c) This section shall not apply to the use of domestic power tools subject
to Section 6.2.17.
6.2.7 VEHICLE OR MOTORBOAT REPAIRS AND TESTING
Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle,
or motorboat in such a manner as to cause a noise disturbance across a
residential real property boundary or within a noise sensitive zone.
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6.2.8 AIRPORT AND AIRCRAFT OPERATIONS
(a) The EPO/NCO shall consult with the airport proprietor to recommend
changes in airport operations to minimize any noise disturbance which
the airport owner may have authority to control in its capacity as
proprietor.
(b) Nothing in this section shall be construed to prohibit, restrict, penal-
ize, enjoin, or in any manner regulate the movement of aircraft which
are in all respects conducted in accordance with, or pursuant to,
applicable Federal laws or regulations.
6.2.9 PLACES OF PUBLIC ENTERTAINMENT
Operating, playing, or permitting the operation or playing of any radio,
television, phonograph, drum, musical instrument, sound amplifier, or
similar device which produces, reproduces, or amplifies sound in any place
of public entertainment at a sound level greater than dBA as read
by the slow response on a sound level meter at any point that is normally
occupied by a customer, unless a conspicuous and legible sign is located
outside such place, near each public entrance, stating "WARNING:
SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING
IMPAIRMENT."
6.2.10 EXPLOSIVES, FIREARMS, AND SIMILAR DEVICES
The use or firing of explosives, firearms, or similar devices which create
impulsive sound so as to cause a noise disturbance across a real property
boundary or on a public space or right-of-way, without first obtaining a
special variance issued pursuant to Section 7.2. [Such permit need not
be obtained for licensed game-hunting activities on property where such
activities are authorized.]
6.2.11 POWERED MODEL VEHICLES
Operating or permitting the operation of powered model vehicles so as to
create a noise disturbance across a residential real property boundary, in
a public space or within a noise sensitive zone between the hours of
p.m. and a.m. the following day. Maximum sound levels
in a public space during the permitted period of operation shall conform to
those set forth for residential land use in Table 1 of Section 8.1 and shall
be measured at a distance of feet (meters) from any point on the
path of the vehicle. Maximum sound levels for residential property and
noise sensitive zones, during the permitted period of operation, shall be
governed by Section 8.1 and Section 6.2.16, respectively.
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6.2.12 VIBRATION
Operating or permitting the operation of any device that creates vibration
which is above the vibration perception threshold of an individual at or
beyond the property boundary of the source if on private property or at
feet (meters) from the source if on a public space or public right-
of-way. For the purposes of this section, "vibration perception threshold"
means the minimum ground-or structure—borne vibrational motion neces-
sary 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 objects.
6.2.13 STATIONARY NON-EMERGENCY SIGNALING DEVICES
(a) Sounding or permitting the sounding of any [electronically-amplified]
signal from any stationary bell, chime, siren, whistle, or similar device,
intended primarily for 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 sub-
section (b) shall be exempted by (appropriate authority) using
criteria set forth in Section 7.2.]
6.2.14 EMERGENCY SIGNALING DEVICES
(a) The intentional sounding or permitting the sounding outdoors of any
fire, burglar, or civil defense alarm, siren, whistle or similar stationary
emergency signaling device, except for emergency purposes or for
testing, as provided in subsection (b).
(b) (i) Testing of a stationary emergency signaling device shall occur at
the same time of day each time such a test is performed, but not
before a.m. or after p.m. Any such testing shall use
only the minimum cycle test time. In no case shall such test time
exceed seconds.
(ii) Testing of the complete emergency signaling system, including
the functioning of the signaling device and the personnel response to
the signaling device, shall not occur more than once in each calendar
month. Such testing shall not occur before a.m. or after
_p.m. The time limit specified in subsection (i) shall not apply
to such complete system testing.
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[ [(e) Sounding or permitting the sounding of any exterior burglar [or fire]
alarm or any motor vehicle burglar alarm unless such alarm is auto-
matically 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 a 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 Section 4.2.10, so as to disrupt the
activities normally conducted within the zone, provided that con-
spicuous 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 Section 4.2.10, containing a hospital,
nursing home, or similar activity, so as to interfere with the functions
of such activity or disturb or annoy the patients in the activity, pro-
vided that conspicuous signs are displayed indicating the presence of
the zone.
6.2.17 DOMESTIC POWER TOOLS
Operating or permitting the operation of any mechanically powered saw,
drill, sander, grinder, lawn or garden tool, snowblower, or similar device
used outdoors in residential areas between 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 inoperative by any person other than for
purposes of maintenance, repair, or replacement, of any noise con-
trol device or element of design or noise label of any product identi-
fied under Section 4.3.6. The EPO/NCO may, by regulation, list
those acts which constitute violation of this provision.
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[ (b) The (intentional) removing or rendering 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 regulations, to warn of the
potential illegality.]
(c) The use of a product, identified under Section 4.3.6, which has had
a noise control device or element of design or noise label removed or
rendered inoperative, with knowledge that such action has occurred.
ARTICLE VII EXCEPTIONS AND VARIANCES
7.1 EMERGENCY EXCEPTION
The provisions of this ordinance shall not apply to (a) the emission of
sound for the purpose of alerting persons to the existence of an emergency,
or (b) the emission of sound in the performance of emergency work.
7.2 SPECIAL VARIANCES
(a) The (EPO/NCO)/(Hearing Board) shall have the authority, consistent
with this section, to grant special variances which may be requested
pursuant to Sections 6.2.6 (Construction) and 6.2.10 (Explosives,
Firearms, and Similar Devices).
(b) Any person seeking a special variance pursuant to this section shall
file an application with the (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 (jurisdictional 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
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 special variance
against the adverse impact on the health, safety, and welfare of persons
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affected, the adverse impact on property affected, and any other
adverse impacts of granting the special variance. Applicants for
special variances and persons contesting special variances may be
required to submit any information the (EPO/NCO)/(Hearing 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 denying or granting the special variance.
(d) Special variances shall be granted by notice to the applicant contain-
ing all necessary conditions, including a time limit on the permitted
activity. The special variance shall not become effective until all
conditions are agreed to by the applicant. Noncompliance with any
condition of the special variance shall terminate it and subject the
person holding it to those provisions of this ordinance regulating the
source of sound or activity for which the special variance was granted.
(e) Application for extension of time limits specified in special variances
or for modification of other substantial conditions shall be treated
like applications for initial special variances under subsection (b).
(0 The (EPO/NCO)/(Hearing Board) may issue guidelines [approved by
] defining the procedures to be followed in applying
for a special variance and the criteria to be considered in deciding
whether to grant a special variance.
7.3 VARIANCES FOR TIME TO COMPLY
(a) Within days following the effective date of this ordinance, the
owner of any commercial or industrial source of sound may apply to
the (EPO/NCO)/(Hearing Board) for a variance in time to comply
with Section 6.2.12 (Vibration) or Article VIII. The (EPO/NCO)/
(Hearing Board) shall have the authority, consistent with this section,
to grant a variance, not to exceed days from the effective date
of this ordinance.
(b) Any person seeking a variance in time to comply shall file an applica-
tion with the (EPO/NCO)/(Hearing Board). The application shall
contain information which demonstrates that bringing the source of
sound or activity for which the variance is sought into compliance
with this ordinance prior to the date requested in the application
would constitute an unreasonable hardship on the applicant, on the
community, or on other persons. [Notice of an application for a variance
in time to comply shall be published according to (jurisdictional proce-
dure).] Any individual who claims to be adversely affected by allowance
of the variance in time to comply may file a statement with the (EPO/
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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 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 comply against the adverse impact on health, safety, and welfare of
persons affected, the adverse impact on property affected, and any
other adverse impacts of granting the variance. Applicants for variances
in time to comply and persons contesting variances may be required to
submit any information the (EPO/NCO)/(Hearing Board) may reason-
ably 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 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 com-
pliance. The variance in time to comply shall not become effective
until all conditions are agreed to by the applicant. Noncompliance
with any condition of the variance shall terminate the variance and
subject the person holding it to those provisions of this ordinance for
which the variance was granted.
(e) Application for extension of time limits specified in variances in time
to comply or for modification of other substantial conditions shall
be treated like applications for initial variances under subsection (b),
except that the (EPO/NCO)/(Hearing Board) must find that the need
for the extension or modification clearly outweighs any adverse
impacts of granting the extension or modification.
(f) The (EPO/NCO)/(Hearing Board) may issue guidelines [approved by
] defining the procedures to be followed in applying
for a variance in time to comply and the criteria to be considered in
deciding whether to grant a variance.
7.4 APPEALS
Appeals of an adverse decision of the (EPO/NCO)/(Hearing Board) shall be
made to the (appropriate court of law). Review of the court shall be (de
«ovo)/(limited to whether the decision is supported by substantial evidence)/
(as specified by the ).
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ARTICLE VIII SOUND LEVELS BY RECEIVING 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 1 when
measured at or within the property boundary of the receiving land use.
Table 1. Sound Levels by Receiving Land Use
Receiving
land-use category
Time
Sound level limit, dBA
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)
(A) a.m. — (B) p.m.
(B) p.m. — (A) a.m.
Li
L2
At all times
At all times
L4
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, Fire-
arms, and Similar Devices), 6.2.13 (Stationary Nonemergency
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(b)
(c)
Signaling Devices), 6.2.14 (Emergency Signaling Devices), 6.2.15
(Motorboats), 6.2.17 (Domestic Power Tools), 9.1.3 (Refuse Collec-
tion Vehicles), 9.2 (Recreational Motori/ed Vehicles Operating Off
Public Rights-of-Way);
The unamplified human voice;
Interstate railway locomotives and cars; and
l(d) (Non-stationary farming equipment)/(all agricultural activities)]
ARTICLE IX MOTOR VEHICLE MAXIMUM SOUND LEVELS
9.1 MOTOR VEHICLES AND MOTORCYCLES ON PUBLIC RIGHTS-OF-
WAY
No person shall operate or cause to be operated a public or private motor
vehicle or motorcycle on a public right-of-way at any time in such a manner
that the sound level emitted by the motor vehicle or motorcycle exceeds
the level set forth in Table 2.
Table 2. Motor Vehicle and Motorcycle Sound Limits
(Measured at 50 Feet or 15 Meters)
Vehicle class
Sound level in dBA
Speed limit
35 MPH or
less
Speed limit
over 35
MPH
Stationary
run-up
Motor carrier vehicle engaged in
interstate commerce 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
86
A
C
E
90
B
D
F
88
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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 (guidelines) (regulations subject to approval
by ), list those acts which constitute violation of this
section.
9.1.2 MOTOR VEHICLE HORNS AND SIGNALING DEVICES
The following acts and the causing thereof are declared to be in violation
of this ordinance:
(a) The sounding of any horn or other auditory signaling device on or in
any motor vehicle on any public right-of-way or public space, except
(as a warning of danger)/(as provided in the vehicle code).
[(b) The sounding of any horn or other auditory signaling device which
produces a sound level in excess of dBA at feet
(meters).
9.1.3 REFUSE COLLECTION VEHICLES
No person shall:
(a) On or after (2 years) following the effective date of this ordinance,
operate or permit the operation of the compacting mechanism of
any motor vehicle which compacts refuse and which creates, during
the compacting cycle, a sound level in excess of dBA when
measured at feet (meters) from any point on the vehicle;
(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;
(c) Collect refuse with a refuse collection vehicle between the hours of
p.m. and a.m. the following day in a residential area
or noise sensitive zone.
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9. 1 .4 STANDING MOTOR VEHICLES
No person shall operate or permit the operation of any motor vehicle with
a gross vehicle weight rating (G VWR) in excess of ten thousand ( 1 0,000)
pounds, or any auxiliary equipment attached to such a vehicle, for a period
longer than _ minutes in any hour while the vehicle is stationary, for
reasons other than traffic congestion, on a public right-of-way or public
space within 150 feet (46 meters) of a residential area or designated noise
sensitive zone, between the hours of ___ p.m. and _____ a.m. the
following day.
9.2 RECREATIONAL MOTORIZED VEHICLES OPERATING OFF PUBLIC
R1GHTS-OF-WAY
(a) [Except as permitted in subsection (b) or (c),] no person shall
operate or cause to be operated any recreational motorized vehicle
off a public right-of-way in such a manner that the sound level
emitted therefrom exceeds the limits set forth in Table 3 at a distance
of 50 feet ( 1 5 meters) or more from the path of the vehicle when
operated on a public space or at or across the boundary of private
property when operated on private property. This section shall apply
to all recreational motorized vehicles, whether or not duly licensed
and registered, including, but not limited to, commercial or non-
commercial racing vehicles, motorcycles, go-carts, snowmobiles,
amphibious craft, campers and dune buggies, but not including
motorboats.
[ (b) Permits for motor vehicle racing events may be obtained from (appro-
priate authority) according to procedures and criteria set forth in
[(c) Special variances for _____________ may be obtained from (appropriate
authority) according to procedure and criteria set forth in _______
Table 3. Recreational Motorized Vehicle Sound Limits
(Measured at 50 Feet or 15 Meters)
Vehicle type
Snowmobile
Motorcycle
Any other vehicle
Sound level, dBA
A
B
C
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ARTICLE X LAND USE
10.1 GENERAL PROVISIONS
(a) No owner of any land shall commence 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 required by this Article shall be sub-
mitted in writing to the EPO/NCO, with a copy to the (Buildings
Department)/(Appropriate Department), by the owner of the land
on which the structure is proposed to be constructed and shall con-
tain the following information:
(1) identification of the land on which the construction is proposed;
(2) the section of this Article under which approval is requested;
(3) information and data supporting the claim that the appropriate
requirements will be met;
(4) any other information which the EPO/NCO may reasonably
require.
10.2 CONSTRUCTION RESTRICTIONS FOR HABITABLE AND INSTITU-
TIONAL STRUCTURES
(a) Except as provided in subsection (c), no new single family residential
structure shall be approved for construction (excluding substantial
repair or alteration) if the exterior day-night average sound level (Ljn)
anywhere on the site of the proposed structure is projected to be in
excess of dBA within years following the estimated
completion date of the structure.
(b) Except as provided in subsection (c), no new multiple-family residence,
dormitory, mobile home park, transient lodging, school, hospital,
nursing home or similar structure, or substantial modification of such
existing structure, shall be approved for construction if the exterior
day-night average sound level (L^n) 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 modifi-
cation.
(c) Construction otherwise prohibited pursuant to subsections (a) or (b)
shall be allowed if the exterior day-night average sound level (Ldn) on
the site of the proposed structure is projected not to be in excess of
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dBA for __years following construction, provided that
there is incorporated into the design and construction of the structure
such sound attenuation measures as are necessary to reduce the maxi-
mum interior day-night average sound level (L<[n) to dBA.
Subsections (a) and (b) shall not apply to any site development plan
or its equivalent on which four or fewer dwelling units are to be
constructed.
(d) Prior to issuance of any occupancy permit for any structure regulated
pursuant to subsection (c), the owner of the structure shall submit
for EPO/NCO review the report of an independent testing agency
[approved by the EPO/NCO] certifying that sound attenuation mea-
sures have been properly incorporated into the design and construc-
tion of the structure 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 representative sample of locations.
(e) The EPO/NCO may conduct such inspections and measurements as
are necessary to ensure the accuracy of any report submitted pursuant
to subsection (d) and to ascertain compliance with this section. These
may include on-site inspections by a certified independent testing
agency during specified periods of construction.
10.3 RECREATIONAL AREA RESTRICTIONS
(a) Except as provided in subsections (b), (c), and (d) no land shall be
designated or approved for construction or use as a public or private
exterior recreational area, including, but not limited to, children*'
playgrounds, outdoor theaters and amphitheaters, picnic grounds.
tennis courts and swimming pools, if the exterior day-night average
sound level (Ldn) anywhere on the site of the proposed recreational
area is projected to be in the excess of dBA within
years following the construction or designation of the site.
(b) This section shall not apply to the designation or approval of any
green belt or open space in any area in which the Ldri exceeds the
level specified in subsection (a) regardless of whether such green belt
or open space is open to public use, provided that no recreational
improvement or facility is constructed thereon.
(c) Designation or approval of exterior recreational areas otherwise pro-
hibited under subsection (a) shall be allowed if the Ldn specified in
that subsection can be achieved by appropriate means of sound attenu-
ation, such as berms, barriers, or buildings, at the perimeter of or
elsewhere on the site.
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(d) No new interior recreational facility, including, but not limited to,
gymnasiums, ice or roller skating rinks, indoor swimming pools, and
tennis courts, shall be approved for construction if the exterior day-
night average sound level anywhere on the site is projected to be in
excess of dBA within years following the estimated
date of completion of the structure unless there is incorporated into
the design and construction of the structure such sound attenuation
measures as are necessary to reduce the maximum interior day-night
average sound level (L^ri) 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 permit application, (If a full
report has not been made and the applicant believes the project was
wrongfully prohibited under Section 10.1, he may file a full report
within days of the EPO/NCO decision and request reconsid-
eration 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
identification of the major sources of sound, for a representative
sample of locations, 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 during years
following completion of the project and the projected future
Ldn at the site resulting from these new or expanded sources;
(3) where applicable, plans for sound attenuation measures on the
site and/or of the structure proposed to be built and the amount
of sound attenuation anticipated as a result of these measures.
(b) In determining whether an applicant should be required to submit a
full report pursuant to subsection (a), the EPO/NCO shall consider
Circular 1390.2 (Noise Abatement and Control) and other publica-
tions of the U.S. Department of Housing and Urban Development.
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] 0.5 COMMERCIAL AND INDUSTRIAL CONSTRUCTION
No new or substantially modified structure on land used or zoned as com-
mercial or industrial shall be approved 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 structure, will comply with
the provisions of Article VIII at the time for initial full-scale operation of
such activities.
10.6 SOUND FROM NEW TRANSPORTATION SYSTEMS IN RESIDENTIAL
AREAS OR NOISE SENSITIVE ZONES
No plans for construction of new transportation systems or expansion of
the capacity of existing transportation systems will be approved for loca-
tion in or near residential areas or noise sensitive zones, regardless of the
source of project funds, unless such plan includes all control measures
necessary to ensure that the projected day-night average sound level (Ldn)
due to the operation of the transportation system does not exceed
dBA at any point on residential property within years after the
expected completion of the project.
10.7 EQUIVALENT MEASUREMENT SYSTEMS
For the purposes of this Article, all measurements and designations of
sound levels shall be expressed in day-night average sound levels (Ldn) or
in any other equivalent measurement system the EPO/NCO may reasonably
approve.
10.8 ZONING ORDINANCE OR COMPREHENSIVE PLAN
(a) No proposed zoning ordinance or comprehensive plan shall be approved
unless such plan includes a sound analysis which (1) identifies existing
and projected noise sources and associated sound levels for
years in and around the area under consideration, and (2) ensures
usage of adequate measures to avoid violation of any provision of this
ordinance.
(b) No zoning change application shall be approved unless the site feasi-
bility 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 site study shall ensure the
use of adequate use of adequate measures to avoid violation of any provi-
sion of this ordinance.
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10.9 TRUTH IN SELLING OR RENTING
No person shall sell or rent, or cause to be sold or rented, any structure
or property to be used for human habitation, where the structure or
property is exposed to sound levels regularly in excess of (an Leq in any
hour of dBA)/(an L(jn 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
information 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.
ARTICLE XI ENFORCEMENT
11.1 PENALTIES
(a) Any person who violates any provision of this ordinance shall be
fined for each offense not more than dollars.
(b) Any person who willfully or knowingly violates any provision of this
ordinance shall be fined for each offense a sum of not less than __
dollars and not more than dollars.
(c) Each day of violation of any provision of this ordinance shall consti-
tute 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 enforcement of any provision of
this ordinance may issue an order requiring abatement of any source
of sound or vibration alleged to be in violation of this ordinance within
a reasonable time period and according to guidelines [to be approved
by appropriate authority] which the 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 violation of ; or,
(3) when the EPO/NCO or other enforcement (agency/official) has
reason to believe that there will not be compliance with the abatement
order.]
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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 provi-
sion of this ordinance shall be cause for a (notice of violation)/(summons)/
(complaint)/(information or indictment) to be issued by the EPO/NCO or
other responsible enforcement (agency official) according to procedures
(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 excluded pursuant to subsection
(b), to continuous sound levels in excess of those shown in Table 4
or to impulsive sound levels in excess of those shown in Table 5.
Within days following issuance of such an order, the 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 persons
exposed to sound levels in excess of those listed in Tables 4 and 5 are
are exposed as a result of (1) trespass; (2) invitation upon private
property by the person causing or permitting the sound; or (3) employment
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 (1) 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.
11.5 CITIZEN SUITS
(a) Any person, other than persons responsible for enforcement of this
ordinance, may commence a civil action on his own behalf (1) against
any person who is alleged to be in violation of any provision of this
ordinance set forth in Table 6 below or (2) against the EPO/NCO where
there is alleged a failure of the EPO/NCO to perform any act under
this ordinance which is not discretionary. The court
shall have jurisdiction, without regard to the amount in controversy,
to grant such relief as it deems necessary.
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Table 4. Continuous Sound Levels which Pose an Immediate Threat
to Health and Welfare (Measured at 50 Feet or 15 Meters)*
Sound level limit (dBA)
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 5. 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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Table 6. Provisions Under Which Civil Actions May Be Commenced
6.2.1 (a) (Radios, Television Sets, Musical Instruments
and Similar Devices)
6.2.2 (Loudspeakers/Public Address Systems)
6.2.3 (Street Sales)
6.2.5 (Loading and Unloading)
6.2.6 (Construction)
6.2.7 (Vehicle or Motorboat Repairs and Testing)
6.2.9 (Places of Public Entertainment)
6.2.10 (Explosives, Firearms, and Similar Devices)
6.2.11 (Powered Model Vehicles)
6.2.12 (Vibration)
[ 6.2.13] (Stationary, Non-Emergency Signaling Devices)
6.2.14 (Emergency Signaling Devices)
6.2.15 (Motorboats)
6.2.17 (Domestic Power Tools)
6.2.18 (Tampering)
8.1 (Maximum Permissible Sound Levels by
Receiving Land Use)
9.1.3 (Refuse Collection Vehicles)
9.1.4 (Standing Motor Vehicles)
9.2 (b) (Motor Vehicle Racing Events)
9.2.1 (b) (Motor Vehicle Horns and Signaling Devices)
] 0.9 (Truth in Selling or Renting)
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(b) No action may be commenced
(1) under subsection (a)( 1)
(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 commenced and is diligently prose-
cuting 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 discretion 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 person
for injury or damage arising from any violation of this ordinance or from
other law.
11.7 SEVERABILITY
If any provision of this ordinance is held to be unconstitutional or other-
wise invalid by any court of competent jurisdiction, the remaining provi-
sions of the ordinance shall not be invalidated.
11.8 EFFECTIVE DATE
This law/ordinance shall take the effect on .
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