FINAL REPORT
^Establishment of
Community Noise Control
Programs in North Dakota
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EPA ^ ^
FINAL REPORT
O (3&
C< I
ESTABLISHMENT OF
COMMUNITY NOISE CONTROL
PROGRAMS IN NORTH DAKOTA
Gene A. Christianson, Director
Division of Environmental Engineering
U S EPA Region 8 Library
80C-L
999 18th SI , Suite 500
Denver, CO 80202-2466
EPA/NOISE CONTRACT NO. 68-01-3575
North Dakota State Department of Health
Division of Environmental Engineering
1200 Missouri Avenue
Bismarck, North Dakota 58505
Report Prepared by
Scott C. Munson
March 29, 1978
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PREFACE
The North Dakota State Department of Health entered into an
agreement with the U.S. Environmental Protection Agency,
Contract No. 68-01-3575, to provide assistance to communities
in the primary energy impact area of western North Dakota.
The purpose of this project was to establish a comprehensive
community noise control program, with land use prevention
features, in one community impacted by energy-related growth
and development. This report describes the assistance
provided to western North Dakota communities interested in
developing noise control programs and the results of this
effort.
Appreciation is extended to Mr. Robert Simmons and Mr. Jim
Libberton of the U.S. Environmental Protection Agency,
Region VIII Office, for their assistance provided to the
North Dakota State Department of Health during this project.
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CONTENTS
Page
Introduction 1
Summary and Conclusions 2
Community Noise Control Activities
Initial Community Contacts 4
Community Assistance Provided 6
Appendices 12
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INTRODUCTION
The problem of noise or unwanted sound has existed in our
environment for some time. An estimated 13.5 million people
in this country are exposed to high levels of noise from
automobiles, trucks, airplanes, motorcycles, snowmobiles,
hi-fis, lawnmowers, and kitchen appliances. Scientific
evidence has shown that relatively continuous exposure to
sound levels exceeding 70 decibels, a level about equal to
expressway traffic, can be harmful to hearing. Noise can
cause such reactions as temporary stress which includes
increase in heart rate, blood pressure, blood cholesterol
levels, and effects in the digestive and respiratory systems.
The Federal Noise Control Act of 19 7 2 states that the "...primary
responsibility for control of noise rests with State and
local governments, ..." The act also stares, "The Congress
declares that it is the policy of the United States to
promote an environment for all Americans free from noise
that jeopardizes their health or welfare." This report
presents a summary of the activities conducted by the North
Dakota State Department of Health toward these goals. This
contract provided funding for the establishment of a noise
control program in a North Dakota community impacted by
energy related growth and development.
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SUMMARY AND CONCLUSIONS
The interest in noise control of communities contacted in
the energy impacted area of western North Dakota has been
good. Of the seven communities initially contacted under
this project, four indicated an active interest in noise
control and have been receptive to the idea of developing
comprehensive noise control ordinances. The remaining three
communities may, in future years, develop noise control
ordinances; however funds prevented further work with these
communities at this time. A comprehensive noise ordinance
was adopted by the Dickinson City Commission on October 3,
1977. Draft ordinances have been prepared for two other
communities, Bismarck and Beulah, in the energy related
area. Beulah is in the process of including a noise ordinance
in its new ordinance system and Bismarck is preparing to
submit an ordinance to their city commission in the near
future.
This noise control project has been beneficial in several
ways. In addition to direct assistance to a number of North
Dakota Communities, the contract made it possible for personnel
of this Department to receive training and experience in
environmental noise control. This experience will be valuable
in future noise program activities in North Dakota such as
the drafting of statewide noise control regulations and
continued community noise control activities. As a result
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of activities in the energy communities, the interest in
noise control has expanded to other areas of the State. An
individual with the Fargo Community Health Center has contacted
the Department and indicated an interest in noise control.
Fargo is the largest city in North Dakota and would probably
be receptive to assistance in the development of a local
noise control program. There are other communities in North
Dakota which would be interested in developing noise control
programs if funding were available for this Department to
assist them.
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COMMUNITY NOISE CONTROL ACTIVITIES
Initial Community Contracts
The first task under this project consisted of the selection
of a list of communities for possible development of comprehensive
community noise control programs. The communities were
selected on the basis of the noise impact anticipated from
coal and energy development, their willingness to establish
a noise control program and accept assistance, and the
willingness of the community to share the knowledge and
experience gained with others.
A list of selected cities in the energy impact area of
western North Dakota was provided to the Environmental
Protection Agency in a letter dated July 6, 1976. A copy of
this letter is attached to this report as Appendix A. The
seven communities selected to receive assistance by the
Department were Bismarck, Mandan, Underwood, Washburn,
Beulah, Hazen, and Dickinson.
In August of 1976, each of the city councils of the selected
communities were contacted by letter, stating that the
Department was prepared to offer assistance in the development
of community noise control programs. The assistance offered
included, but was not limited to:
A. Technical assistance in the preparation of a
community noise ordinance;
B. Loan of sound level meters;
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C. Technical training; and if desired,
D. Technical assistance in the establishment of
community noise control program management.
This letter, example shown in Appendix B, also stated that a
representative of the Department would like to meet with the
city council to discuss the possibility of a noise control
program.
Of the seven communities contacted by letter, the Bismarck,
Beulah, Hazen, Washburn, and Dickinson City Councils indicated
they would be interested in discussing noise control. The
discussion which followed included a description of the
assistance available from the Department, the effect of
noise on people, evaluation of typical noise sources, and a
demonstration of sound level measuring equipment. Subsequent
to these discussions, the cities of Bismarck, Beulah, Hazen,
and Dickinson indicated they would be interested in working
with the Department in developing an ordinance and noise
control program. Each city council then designated a key
individual with whom the Department would work in the development
of a noise control program.
The Community Health Center in Fargo, North Dakota also
indicated an interest in noise control. Although Fargo is
nox in the energy impact area, a representative from this
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Department discussed noise control with the Supervising
Sanitarian and members of his staff. A Community Noise
Ordinance Workbook-'- was left with the Supervising Sanitarian
and a sound level meter temporarily loanecL to them for their
use.
Community Assistance Provided
The key individual in each city was visited and given a
sound level meter and Community Noise Ordinance Workbook.
Community noise control, basics of sound, and use of the
sound level meter were discussed. The purpose of this
initial meeting was to get acquainted with the key individual
and give him a general background in noise control.
During the Bismarck City Commission meeting on September 7,
1976, the Commission designated the Director of Inspections
of the Ciry Health Department as the key individual to be
contacted by the Department. A meeting was held with the
Director of Inspections in which he indicated he had assigned
a Sanitarian of his office to work with the State Health
Department.
An atxituainal survey was conducted by a Sanitarian with the
City Health Department to provide citizen feedback for
^Community Noise Ordinance Workbook by Robert C. Chanaua
and Robert A. Simmons, Region VIII, U.S. Environmental
Protection Agency. (August 8, 1975)
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assessing the problem of noise in Bismarck. About 150
people were contacted by phone and asked to respond to
several questions relating to noise. This attitudinal
survey is included in a community noise study which was
conducted in order to determine the existing noise environment
in Bismarck. The noise study, attached as Appendix C,
included the collection of sound level data throughout the
community with a community noise analyzer to determine
background sound levels and a sound level meter-tape recorder-
graphic level recorder system for vehicular monitoring. A
model noise ordinance designed specifically for the needs of
Bismarck was drafted and included as part of the report.
The Police Commissioner and Police Chief were designated as
key individuals for the State Health Department to work with
in Beulah. After meeting with these individuals, the Police
Commissioner requested that the State Health Department
prepare a draft community noise ordinance for Beulah. A
copy of this draft ordinance appears as Appendix D to this
report and is being incorporated inro Beulah's ordinance
system, which is undergoing complete revision.
The Hazen City Council designated the Planning Coordinator
as the individual to work with the State Health Department
in the development of a noise control program. The Planning
Coordinator was interested in developing an effective noise
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control program and became involved in promoting a noise
control program. He contacted individuals for conducting a
volunteer community attitudinal survey as outlined in the
Community Noise Ordinance Workbook and was preparing to work
with this Department on a draft ordinance.
During the preparation of the draft ordinance and noise
control program for Hazen, the Planning Coordinator left
his position. With his departure, the noise control effort
in Hazen became inactive. It is felt by this Department
that if additional time and funding would have been available,
a noise control program could have been implemented in
Hazen. The City Commission seemed very receptive and interested
in noise control.
The Police Department of the city of Dickinson and the Area
Public Health Administrator, were contacted by the State
Department of Health in the Development of Dickinson's Noise
Control Program. A noise survey was conducted during the
spring of 1977 to gather data concerning the exisring noise
levels in Dickinson. It was found that a vehicular noise
problem exists in Dickinson and it was suggested that a
noise control program would reduce the noise generated by
loud vehicles.
A draft ordinance was prepared and presented to the Dickinson
City Commission on August 18, 1977. This draft gained
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preliminary approval and was given to the City Attorney to
finalize the ordinance. The City Attorney felt the draft
ordinance was too long and used an existing ordinance from
the city of Minot, North Dakota. This ordinance was presented
to the City Commission and was passed on October 3, 1977. A
copy of the Dickinson ordinance is found in Appendix E.
A training course was held for personnel of the Dickinson
Police Department on November 8 and 9, 19 77, in Dickinson.
The entire staff of the Police Department attended the
course, many of them attending on their day off. The officers
were given basic instruction on the elements of a noise
control program. This included the basics of sound and
noise, examples of typical noise sources, the harmful effects
of exposure to loud sounds, use of sound measurement equipment,
vehicular monitoring procedures, and existing noise control
laws. The course outline is attached as Appendix F.
A similar course entitled "Community Noise Control Workshop,"
was offered during February of 1977 in Bismarck. Representatives
of Dickinson, Beulah, Bismarck, Hazen, and Minot attended
this workshop. The Agenda is shown in Appendix G.
The assistance provided to local communities included the
education of the key individual designated by the city
commission. The initial contact with these individuals
included a general discussion of community noise control.
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The Community Noise Ordinance Workbook was given to them and
each section in the workbook discussed briefly, with the
majority of attention given to Chapter 2, "Procedures for
Developing a Noise Ordinance." Implementation and enforcement
of noise control programs were discussed, with the "Soft
Fuzz" approach suggested. A sound level meter was loaned to
the key individual and its use demonstrated.
As was mentioned earlier, a Community Noise Control Workshop
was held on February 8 and 9, 1977, at the North Dakota State
Department of Health offices located in the Missouri Office
Building in Bismarck. The objectives of this cource were to
provide information on policies and procedures used in
community noise control ordinance development and program
implementation and to provide training in the use of sound
level monitoring equipment. A course was also held in
Dickinson on November 8 and 9, 1977, for members of the
Dickinson Police Department. These courses included a
discussion on sound, noise, health and welfare effects of
noise, a community noise control ordinance, vehicular monitoring,
complaint response, and stationary noise measurements. The
course participants were also taken outdoors for on-site
measurements with sound level measurement equipment.
Local noise studies were conducted in Dickinson and Bismarck.
The Dickinson study consisted of the collection of sound
level data, but did not include the preparation of a formal
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report. The data was collected by the North Dakota State
Department' of Health and the Dickinson Police Department
during the spring of 1977. Twenty-four hour samples were
collected at six locations, four in industrial or commercial
areas and two in residential areas. This data indicated
that the major source of noise in Dickinson was generated
from loud vehicles. The experience gained during this study
was beneficial in the preparation and conduction of the
Bismarck noise study. A report was prepared by the Department
concerning the noise study conducted in Bismarck and is
attached as Appendix C.
Draft ordinances were prepared by the Department for Dickinson,
Beulah, and Bismarck. The ordinances were prepared with the
use of the Community Noise Ordinance Workbook for guidance.
A meeting was held with the key individuals in each community
at which time the components to be included in the draft
ordinance were discussed. A copy of the draft ordinance
prepared for Beulah is attached as Appendix D, Bismarck's is
included in the Community Noise Study in Appendix C.
A noise control ordinance was adopted by the Dickinson City
Commission on October 3, 1977. The responsibility for the
noise control program has been placed in the Police Department.
Members of the Police Department have received sufficient
training in noise control to implement an effective noise
control program.
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APPENDIX A
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fi&ith SbaJzota State
Environmental Csntrol
Division o*
nvironmcntal Engineering
ENE A. CHRISTIANSON. P E.
D.RECTOR
170U 224.2374 P«. I J. I t f ) .1 !
JZ) epaur/i&viZ ojj ctreCsUh
State Capitol
Bismarck, North Dakota 55505
July 6, 1975
W. VAN HE.UVELEN, CHIEF
Mr. Robert Simmons
Environmental Protection Agency
Region '/III
1860 Lincoln Street
Denver, Colorado 80203
Re: Contract No. 68-01-3575
Dear Mr. Simmons:
In accordance with the provisions of the above referenced contract; this
Department, herewith, provides a list of cities which are, or will be, impacted
as a result of the expansion and/or development of energy conversion facilities
in the State of North Dakota.
Figure 1 is a map of western North Dakota showing the primary energy development
impact area. It is within this area that most of the impact from energy
conversion facilities is likely to occur. Table 1 presents a listing of the
cities receiving the greatest noise imoact as a result of energy conversion
facilities located in proximity to their city or receiving energy related growth
as a result of being a major population/service center. Although Table 1
identifies seventeen cities within the seven county area; this contract will be
able to address the energy related noise impacts in only a limited number of
cities. Although all of the cities included in Table 1 are likely interested in
maintaining a quiet environment within their respective cities; many do not
currently have the local resources to provide for the adcotion of a local
ordinance and the people necessary to carry out the implementation of the ordinance.
The cities which have been selected for assistance by t"e ^ecartment in
establishing comorehensive community noise control prccrar.s are Bismarck, Mandan,
Underwood, Washburn, Beulah, Hazen, and Dickinson. The cities of Bismarck,
Mandan, and Dickinson were selected since they are ma;:r poDuIation service
centers for the imcact area. Bismarck and Mandan are located on the eastern side
of this area with Dickinson on the western side. It is in these larger soDulaticn
centers that additional oopulation growth and associated noise impacts will be
seen since they are t.ne transoortation and sucply cities for this development
area. Tne cities of Underwood and Washburn were selected since a thousand
megawatt power plant is now under construction be:-sen these two cities. The
cities of Beulah and Hazen were selected since it anticipated that approxi-
mately 1320 megawatts of electrical generating capacity will be located in
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Mr. Robert Simmons
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July 6, 1975
close proximity to these cities and it is further anticipated that a
gasification plant will be constructed in this general vicinity as well. The
afore mentioned cities are those which our Department will be providing
assistance in the establishment of a comprehensive community noise control
program.
If you have any questions related to the at>ove or the attached, please do not
hesitate to contact us.
Gene A. Christianson
Director
Division of Environmental
Engineering
GAC:lrr
Attach:
Sincerely,
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FIGURE 1.
Energy Development Impact Area
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TABLE 1.
Energy Development Impacted Cities
COUNTY
CITY
1970 POPULATION
INCORPORATI
Burleigh
Bismarck
34,703
*
Dunn
Dodge
121
*
Dunn Center
107
*
Kildeer
615
*
McLean
Underwood
781
*
Washburn
804
*
Mercer
Beulah
1,344
*
Golden Valley
235
*
Hazen
1,240
*
Pick City
119
*
Stanton
517
~
Zap
271
*
Morton
Glen Ullin
1,070
*
Mandan
11,400
~
New Salem
943
~
Oliver
Center
619
*
Stark
Dickinson
12,405
~
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APPENDIX B
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August 16, 1976
Mayor Robert 0. Heskin
and City Commissioners
Bismarck City Commission
P. 0. Box 1578
Bismarck, North Dakota 58501
Attention: Tom Baker
City Auditor
Gentlemen:
The florth Dakota State Department of Health is prepared to offer assistance
in developing community noise control programs with selected communities, in the
primary energy develooment impact area of western North Dakota. Selected
cities within this area are: Bismarck, Mandan, Underv/ood, Washburn, Beulah,
Hazen, and Dickinson.
Assistance available from the Department will include, but is not limited to:
A. Technical assistance in the preparation of a community noise
ordinance;
B. Loan of sound level meters;
C. Technical training; and if desired,
D. Technical assistance in the establishment of community noise
control program management.
A-representative of this Department would like to meet with you to discuss the
possibility of a noise control program for your city. Discussion will include
effect of noise on the health and welfare of people, evaluation of typical
noise sources, and demonstration of sound level measuring equipment.
If you are interested in discussing a noise control Drogram with this Department,
please contact us to arrange a convenient date to meet with you.
Yours truly,
W. Van Heuvelen, Chief
Environmental Control
SCM:1rr
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APPENDIX C
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COMMUNITY
NOISE STUDY
BISMARCK, N. DAK.
THE DIVISION Oir. EWVmOMMEWTAt ENGINEERING
MQRTM DAKOTA STATE DEPARTMENT Or HEALTH
BISMARCK, &30RTW DAKOTA
JANUARY 31, 1973
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COMMUNITY NOISE STUDY
Bismarck, North Dakota
Prepared by:
Scott C. Munson
Environmental Engineer
Division of Environmental Engineering
NORTH DAKOTA STATE DEPARTMENT OF HEALTH
Bismarck, North Dakota
January 31, 1978
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TABLE OF CONTENTS
Page
Executive Summary 1 1
Model Ordinance 4
Introduction 19
Discussion of Noise and Its Effect 20
Study Results 2 8
Community Noise Levels 31
Vehicular Monitoring 42
Attitudinal Survey 44
Summary and Conclusions 49
Appendices * 51
A. Study Methods
B. Data
B-l Twenty-Four Hour Sample Data (Summer Data)
B-2 Twenty-Four Hour Sample Data (Winter Data)
B-3 Vehicular Monitoring Data
B-4 Grab Sample Data
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EXECUTIVE SUMMARY
The problem of noise or unwanted sound has existed in our
environment for some time. An estimated 13.5 million people
in this country are exposed to high levels of noise without
knowing it from trucks, airplanes, motorcyles, hi-fis,
lawnmowers, and kitchen appliances. Scientific evidence has
shown that relatively continuous exposure to sound levels
exceeding 70 decibels, a level about equal to expressway
traffic, can be harmful to hearing. Noise can cause temporary
stress reaction which includes increase in heart rate, blood
pressure, blood cholesterol levels, and effects in the
digestive and respiratory systems.
The Noise Control Act of 1972 states that the "...primary
responsibility for control of noise rests with State and
local governments, ..." The act also states, "The Congress
declares that it is the policy of the United States to
promote an environment for all Americans free from noise
that jeopardizes their health or welfare." In January of
1976 the North Dakota State Department of Health entered
into an agreement with the U.S. Environmental Protection
Agency to provide assistance to communities interested in *
developing community noise control programs. This community
noise study is part of the assistance available through this
Department and was conducted in order to determine the
existing noise environment in Bismarck.
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This study has shown that the overall community sound
levels in Bismarck are good. The main source of existing
noise is due to loud vehicles. Approximately 3% of the cars
monitored exceeded a sound level which would be in violation
of the suggested maximum allowable sound level for cars in
a noise ordinance. This percentage is slightly higher than
found in other communities which have conducted similar
noise studies.
From the data collected in this study, the ambient or background
sound levels at different locations in Bismarck were determined.
These levels indicate the existing noise environment and can
be used in the future for comparison. With the anticipated
growth of Bismarck, the ambient sound levels will probably
also increase.
An effective noise control program and ordinance will provide
a tool for quieting down the existing loud vehicles and
preventing future noise related problems. Enforcement
procedures have been developed which work effectively in
monitoring traffic with sound level measurement equipment.
A noise control program would also provide a means for
evaluating the noise impact during future expansion of the
city. This noise evaluation could be included in the planning
and zoning procedures.
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Although Bismarck does not have any severe noise problems at
this time and the overall sound levels are low in the community,
a noise control program would provide a method for insuring
that the noise environment continues to be good.
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MODEL ORDINANCE
ARTICLE I Short Title
This ordinance may be cited as the "Noise
Ordinance of the City of Bismarck."
ARTICLE II Declaration of Findings and Policy
WHEREAS excessive noise is a serious hazard
to the public health and welfare and the
quality of life; and WHEREAS the people have
a right to and should be ensured an environ-
ment free from noise that may jeopardize
their health or welfare or degrade the
quality of life; and NOW, THEREFORE, it is
the policy of the City of Bismarck to prevent
noise which may jeopardize the health or
welfare of its citizens or degrade their
quality of life.
ARTICLE III Definitions and Standards
3.1 Terminology ana Standards
All terminology used in this Ordinance
and not defined below, shall be in
conformance with applicable publications
of the American"National Standards
Institute (ANSI) or its successor body.
3.2 Definitions
3.2.1 "A-weighted Sound Level
(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
shall be designated dB(A) or
dBA.
3.2.2 "Ambient Sound Level" means
the sound level of the all
encompassing sound associated
with a given environment,
being usually a composite of
sound from many sources. The
A-weighted sound level exceeded
90 percent of the time based
on a minimum period of 10
minutes.
3.2.3 "Commercial District" means-'-
-'-This definition should be completed in order to be consistent
with the Bismarck Zoning Ordinance.
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3.2.M- "Continuous Sound" means any
sound which exists, essentially
without interruption, for a
period of ten minutes or more.
3.2.5 "Decibel" means a logarithmic
and dimensionless unit of
measure often used in describing
the amplitude of sound.
Decibel is denoted as dB.
3.2.6 "Device" means any mechanism
which is intended to produce,
or which actually produces,
noise when operated or handled.
3.2.7 "Impulsive Sound" means a
sound containing excursions,
usually less than one second,
of sound pressure level 20
dB(A) or more over the ambient
sound level, using the fast
meter characteristic.
3.2.8 "Industrial District" means-'-
3.2.9 "Motor Vehicle" shall include
every vehicle propelled by the
use of gas, gasoline, steam or
other motive power, and which
is self-propelled.
3.2.10 "Noise" means any sound which
is unwanted or which causes,
or tends to cause, an adverse
psychological or physiological
effect on human beings.
3.2.11 "Noise Disturbance" means any
sound which annoys, disturbs,
or perturbs reasonable persons
with normal sensitivities; or
any sound which injures or
endangers the comfort, repose,
health, welfare, hearing,
peace, or safety of other
persons.
"'"This definition should be completed in order to be consistent
with the Bismarck Zoning Ordinance.
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3.2.12 "Person" means any individual
association, partnership, or
corporation, and includes any
officer, employee, department,
agency, or instrumentality of
the United States, a state or
any political subdivision of
that state.
3.2.13 "Plainly Audible Sound" means
any sound for which the informa-
tion content of that noise is
unambiguously communicated to
the listener such as, but not
limited to, understandable
spoken speech, comprehension
of whether a voice is raised
or normal, or comprehensible
musical rhythms.
3.2.14- "Property Boundary" means an
imaginary line exterior to any
enclosed structure, at the
ground surface, and its vertical
extension, which separates the
real property owner by one
person from that owned by
another person.
3.2.15 "Residential District" meansl
3.2.16 "Sound Level Meter" means an
instrument, including "a micro-
phone , amplifier, RMS detector
and integrator or time averager,
output meter and weighting
networks, that is sensitive to
pressure fluctuations. The
output meter reads sound
pressure level when properly
calibrated and the instrument
is of Type 2 or better as
specified in American National
Standards Institute Publication
SI.4-1971, or its successor
publication.
-'-This definition should be completed in order to be consistent
with Eismarck Zoning Ordinance.
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3.2.17 "Sound Pressure Level" means
2 0 times the logarithm to the
base 10 of the ratio of the
Root Mean Square (RMS) sound
pressure to the reference
pressure which shall be 20
micropascals, denoted LP or
SPL. It is expressed in
decibels (dB).
3.2.18 "Stationary Sound Source"
means any device, fixed or
movable, which is located or
used on property other than a
public right-of-way.
ARTICLE IV Noises Prohibited
4.1 General Prohibitions
It shall be unlawful for any person to
make, continue, or cause to be made or
continued any excessive or unusually
loud noise or to create a noise disturbance
within the limits of the City of Bismarck.
4.2. Specific Prohibitions
The following acts, among others, are
declared to be excessive or unusually
loud noises or to create noise disturbance
in violation of this Ordinance, but said
enumeration shall not be deemed to be
exclusive, namely:
4.2.1 Horns and Signalling Devices.
The sounding of any horn or
signalling devices on any
motor vehicle on any public
right-of-way, except as a
danger warning signal or as
provided in the vehicle code
of the State of North Dakota,
or the sounding of any such
device for an unnecessary and
unreasonable period of time,
at any place.
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4.2.2
Standing Motor Vehicles
Operating or permitting the
operation of the motor of any-
motor vehicle whose manufacturer's
gross weight is in excess of
ten thousand (10,000) pounds,
or any attached auxiliary
equipment for a period longer
than ten (10) minutes in any
one-hour or between the hours
of 9:00 p.m. and 7:00 a.m. of
the following day while such
vehicle is stationary on a
public right-of-way in a
residential district or in any
designated quiet zone, or is
on private property in a
residential or commercial zone
and is not within a completely
enclosed structure.
4.2.3 Radios, Television Sets, Musical
Instruments and Similar Devices.
The operating or permitting
the use or operation of any
radio receiving set, musical
instrument, television, phonograph,
drum, or other device for the
production or reproduction of
sound, except as provided for
in Section 4.2.4 below, in a
quiet zone or in such a manner
as to cause a noise disturbance
or operating any such device
between the hours of 9:00 p.m.
and 7:00 a.m. of the following
day in such a manner as to be
plainly audible across property
boundaries or through partitions
common to two parties within a
building or plainly audible at
fifty (50) feet from such
device when operated within a
motor vehicle parked on a
public right-of-way.
4.2.4 Exterior Loudspeakers
The operating or permitting to
be operated, of any device in
a fixed or movable position
exterior to any building or
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mounted upon any motor vehicle
on any private property, on
any public right-of-way, or on
any public space, such that
the sound therefrom is plainly
audible across the property
boundary of the source or on
any public right-of-way or in
any public space, provided
however, that this Section
shall not apply to any public
performance, gathering, or
parade conducted in accordance
with the provisions of a
permit granted by the city for
such purposes as described in
Section 5.3.
4-. 2 . 5 Loading Operations
The loading, unloading, opening
or otherwise handling of
boxes, crates, containers,
garbage cans, or other similar
objects between the hours of
9:00 p.m. and 7:00 a.m. of the
following day in such a manner
as to cause noise disturbance.
4.2.6 Construction Noise
The operating, or causing to
be operated, of any equipment
used in commercial construction,
repair, alteration or demolition
work on buildings, structures,
streets, alleys, or appurtenance
thereto in residential or
commercial land-use categories,
with sound control devices
less effective than those
provided on the original
equipment, or between the
hours of 9:00 p.m. and 7:00
a.m. of the following day on
weekdays and between 9:00 p.m.
Saturday night and 7:00 a.m.
Monday morning and on legal
holidays except by permit as
provided for in Section 5.2.
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4.2.7 Places of Public Entertainment
The operating, or permitting
to be operated, of any loud-
speaker or other source of
sound in any place of public
entertainment that exceeds the
levels shown in Table I at any
point that is normally occupied
by a human being.
Table I
Sound Pressure Level dB(A)
Duration - hours per day Slow Response
8
90
6
92
4
95
3
97
2
100
1 1/2
102
1
105
1/2
110
1/4 or less
115
14.2.8 POWER EQUIPMENT
Operating or permitting to be
operated any power equipment in
residential or commercial zones:
a. outdoors between the hours
of 9 p.m. ana 7 a.m. the
following day,
b. any power equipment rated 5
horsepower or less used for
home or building repair or
grounds maintenance, including,
but not limited to power saws,
sanders, lawn mowers, garden
equipment or snow removal
equipment, which emits a sound
pressure level in excess of
74 dB(A) measured at a distance
of 50 feet (15 meters); and
c. any power equipment, except
construction equipment used for
construction activities, rated
more than 5 horsepower ;
_ 10_
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including, but not limited
to chain saws, pavement
breakers, log chippers,
powered hand tools, which
emits a sound pressure
level in excess of 82
dB(A) measured at a
distance of 50 feet (15
meters).
4-. 2 . 9 Bells and Alarms
Sounding, operating, or permitting
the sounding or operation for
more than five (5) minutes in
any one hour, or between the
hours of 9:00 p.m. and 7:00
a.m. of the following day, of
any signal from any bell or
chime from any clock, school,
church, or governmental
building except by permit as
provided for in Section 5.2.
/
4-. 2.10 Quiet Zones
Creating any unnecessary or
unusually loud noise within
the vicinity of any school or
other institution of learning,
hospital, nursing home, court,
or other area designated by
the City Commission where
exceptional quiet is necessary,
while the same are in use,
provided conspicuous signs are
displayed in adjacent or
contiguous streets, indicating
that the same is a quiet zone.
ARTICLE V EXCEPTIONS AND PERMITS
5.1 Emergency Exception
Noise caused in the performance of
emergency work for the immediate safety,
health, or welfare of the community or
individuals of the community, or to
restore property to a safe condition
following a public calamity shall not be
subject 'to the provisions of this Ordinance.
Nothing in this Section, however, shall
be construed to permit law enforcement,
ambulance, fire, or other emergency
personnel to make excessive noise in the
performance of their duties when such
noise is clearly unnecessary.
11 _
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5.2. Undue Hardship
A permit may be granted for noise, which
if prohibited, would cause undue hardship
to the person responsible for the noise.
Applications for the permit for relief
from the provisions of this Ordinance on
the basis of undue hardship may be made
to the City Auditor or his duly authorized
representative. In granting such relief,
consideration shall be made of the time
of day, duration, loudness relative to
the required limits, whether intermittent
or continuous, the extensiveness of the
noise, and the technical feasibility of
bringing such noise into conformance
with this Ordinance. Such permit shall
be valid only at the specific times,
dates, and conditions noted in the
permit.
5.3. Public Events
Applications for a permit to hold a
public event which may violate the
provisions of this Ordinance shall be
made to the City Auditor or his duly
authorized representative. In granting
such relief, consideration shall be made
of the time of day, duration, loudness
relative to the required limits, whether
intermittent or continuous, the extensiveness
of the noise, and the technical feasibility .
of bringing such noise into conformance
with the ordinance. Such permit shall
be valid only at the specific time,
dates, and conditions noted in the
permit.
ARTICLE VI COMMUNITY NOISE LEVELS
6.1 Maximum Permissible Sound Levels
It shall be unlawful for any person to
operate, or permit to be operated, any
stationary source of sound in such a
manner as to create a sound level which
exceeds the limits set forth for the
receiving land-use (Land-Use Category)
in Table II below for more than ninety
(90) percent of any measurement period,
which shall not be less than ten (10)
minutes when measured at the property
boundary or at any point within the
property affected by the noise. When a
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noise source can be identified and its
sound measured in more than one land-use
category, the limits of the most restrictive
use shall apply at the boundaries between
different land-use categories.
Table II
SOUND PRESSURE LEVEL LIMIT dBCA)
DAY NIGHT
RECEIVING LAND 7:00 a.m. 9:00 p.m.
USE CATEGORY 9:00 p.m. 7:00 a.m.
Residential 55 50
Commercial 60 55
Industrial 70 70
6.2 Duration Correction
(a) It shall be unlawful for any person
ro operate, or permit to be operated,
any stationary source of sound
within any land-use category which
creates a sound level of 15 dB(A)
greater than the levels set forth
in Section 6.1 for the ambient
sound level for more than 10% of
the measurement period, which shall
not be less than 10 minutes. For
the purpose of this Section, the
ambient sound level shall be measured
when the source is not operating.
(b) Notwithstanding, subsection (a) of
this Section, it shall be unlawful
for any person to operate, or
permix to be operated, any stationary
source of sound within any residential
land-use category which creates a
sound level of greater than 7 0 dBA
for more than 10% of any measurement
period, which shall not be less
than 10 minutes.
ARTICLE VII MOTOR VEHICLE SOUND LEVELS
7.1 Maximum Permissible Sound Levels of
Motor Vehicles
It shall be unlawful for any person to
drive or move or for the owner to cause
or knowingly permit to be driven or
moved, within this municipality, any
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motor vehicle which emits a sound pressure
level in excess of the dB(A) established
in Table III of this Section. Sound
from a motor vehicle within the public
right-of-way shall be measured at a
distance of at least twenty-five (25)
feet from the near side of the nearest
traffic lane being monitored and at a
height of at least four (4) feet above
the immediate surrounding surface on a
sound level meter of Type 2 or better,
as specified in the American National
Standards Institute Publication SI. 4-
1971, or successor publications, and
operated on the "A" weighting network.
Sound from a motor vehicle which is
located other than within the public
right-of-way shall be measured at a
distance of at least twenty-five (25)
feet from said motor vehicle and at a
height of at least four (4) feet above
the immediate surrounding surface on a
sound level meter of Type 2 or better,
as specified in the American National
Standards Institute Publication SI. 4-
1971, or successor publications, and
operated on the "A" weighting network.
TABLE III
Maximum Permissible Sound Pressure Levels - dB(A)
Speed Limit Speed Limit
VEHICLE CLASS 40 MPH or less over 4 0 HPH
Motor vehicles with a
manufacturer's gross vehicle
weight rating (GVWR) or gross 90 94
combination weight rating
(GCWR) of 10,000 pounds or
more, or any combination of
vehicles towed by such motor
vehicle.
Any other motor vehicle or
any combination of vehicles 80 84
_ 14 _
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7.2 Maximum Permissible Sound Level of
Snowmobiles.
It shall be unlawful for any person to
operate in areas authorized by the City
of Bismarck, within this municipality,
any snowmobile which emits a sound
pressure level in excess of the dB(A)
established in Table IV of this Section.
Sound from a snowmobile shall be measured
at a distance of at least fifty (50)
feet from the snowmobile being monitored
and at a height of at least four (4)
feet above the immediate surrounding
surface on a sound level meter of Type 2
or better, as specified in the American
National Standards Institute Publication
SI.4-1971, or successor publications,
and operated on the "A" weighting network.
Table IV
Maximum Permissible Sound Pressure Levels - dB(A)
Snowmobile 50 Ft. (15.2m)
Any snowmobile manufactured
after January 1, 19 7 4 7 8
Any snowmobile manufactured
before January 1, 1974 82
7.3 Mufflers - Prevention of Noise
It shall be unlawful for any person to
operate, or for the owner to cause or
knowingly permit the operation of any
vehicle or combination of vehicles,
within this municipality, which is not
equipped with an adequate muffler and in
constant operation and properly maintained
to prevent any unnecessary noise, and no
such muffler or exhaust system shall be
modified or used wirh a cutoff, bypass
or similar device. No person shall
modify the exhaust system of a motor
vehicle in a manner which will amplify
or increase the noise emitted by the
motor of such vehicle above that which
is specified in Table III above.
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ARTICLE VIII ADDITIONAL PROVISIONS
8.1 Penalties
Whenever in any section of this Ordinance
or rule or regulation promulgated hereunder,
the doing of any act is required, prohibited,
or declared to be unlawful and no definite
fine or penalty is provided for a violation
thereof, any person, firm, or corporation
who shall be convicted of a violation of
any such section, shall, for each offense,
be fined a sum of not more than2
or imprisonment not to
exceed days, or by both such
fine and imprisonment in the discretion
of the court; the court to have power to
suspend said sentence and to revoke the
suspension thereof.
8.2 Additional Remedy, Injunction
As an additional remedy, the operation
or maintenance of any noise source in
violation of any provision hereof and
which causes discomfort or annoyance to
reasonable persons of normal sensitiveness
or which endangers the comfort, repose,
health, or peace of residents in the
area shall be deemed and is declared to
be a public nuisance and may be subject
to abatement summarily by restraining
order or injunction issued by a court of
competent jurisdiction. It shall be
presumed subject to rebuttal that the
person seeking relief from noise disturbance
is a reasonable person of normal sensi-
tivities; and the burden of proof to
show otherwise shall be upon the person
or entity against whom relief is sought.
8.3 Confiscation for Evidence
In any case in which a summons and
complaint is issued for violation of
this Ordinance, the noise producing
The figures should be incorporated into the spaces. An
alternative method of providing for a penalty provision is
to reference the appropriate section in another Bismarck
Ordinance.
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device involved may be seized and held
for use as evidence at trial. After
final disposition of the charges, the
judge shall order the noise producing
device returned to the rightful owner,
unless it is established at trial or in
a hearing, that said device will create
a continuing nuisance or otherwise
constitute a clear and present danger to
the community. In such a case, the
judge may order the device disposed of
by destruction or sale.
ARTICLE IX ENFORCEMENT RESPONSIBILITY
9.1 Responsible Agencies
The Bismarck City Health Department
shall have primary, but not exclusive,
enforcement responsibility for this
Ordinance as it relates to stationary
sources, and joint enforcement res-
ponsibility with the Bismarck City
Police Department as it relates to
vehicular sources and complaints of
"disturbing the peace".
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ACKNOWLEDGMENT
This report has been prepared in cooperation with Mr. Jack
Hegedus and Mr. Jon Joerz of the Bismarck City Health
Department. Appreciation is also extended to Mr. Jim Libberton
of the U.S. Environmental Protection Agency for his technical
advice.
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INTRODUCTION
The community noise study was undertaken by the North Dakota
State Department of Health and the Bismarck City Health
Department in response to the indicated interest in noise
control by the Bismarck City Commission during its September
7, 19 75, meeting. This report is intended to provide
assistance to the City of Bismarck in assessing the need for
a Community Noise Ordinance which would be responsive to the
needs of the city. Noise data from this study may also be
useful for future assistance in planning and zoning.
An attitudinal survey was also conducted to help assess the
problem of noise in Bismarck. Approximately 150 people were
contacted by phone and asked to respond to several questions
relating to noise in this community. This survey wi'll be
beneficial in developing an effective and reasonable Community
Noise Program which will be consistent with indicated
citizen response.
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DISCUSSION OF NOISE AND ITS EFFECTS
Sound is defined as any pressure variation (in air, water,
or some other medium) that the human ear can detect. Sound
is a physical phenomenon which is caused by a "source" and
travels away from that source at the speed of sound (about
1128 ft/sec in air).
Noise is defined as any unpleasant or unwanted sound. In
some instances, one person's noise is another person's
music, although it has been found there is a general public
consensus about what constitutes major sources of noise
which require regulation.
Sound has two significant characteristics: frequency and
loudness. The frequency is the depth or tone of a sound
depending on the relative rapidity of the vibrations. In
low-pitched sounds, the vibrations are relatively far apart.
In high-pitched sounds, they are closer together. The
number of pressure variations per second is called the
frequency of the sound and is measured in cycles per
second or Hertz (Hz).
Loudness is the intensity of the sound waves combined with
the receptive characteristics of the ear. The intensity of
a sound wave may be compared with the height of the wave.
The intensity is a measure of how hard a sound wave hits an
obj ect.
- 20 -
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The weakest sound a human ear can detect is 20 yN/m^ (micronewtons
per meter^). The ear can tolerate sound pressures up to
more than one million times higher. If sound were measured
in yN/m^, we would end up with some quite large and unmanageable
numbers. To avoid this, the decibel (dB) scale has been
devised.
The decibel scale uses the hearing threshold of 20 yN/m2 or
0 dB as its starting point or reference pressure. This is
the lowest sound level that the healthy, unimpaired human
ear can detect. Decibels are not linear units like miles or
pounds. They are representative points on a sharply rising
curve (logarithmic scale). While 10 decibels is 10 times
more intense (10), 20 decibels is 100 times more intense (10
x 10), 30 decibels is 1,000 times more intense (10 x 10 x
10) and so on. One hundred decibels is 10 billion times as
intense (represents 10 billion times as much acoustic
energy) as one decibel.
Because the decibel is logarithmic, it can not be added or
subtracted algebraically. A 60 decibel'sound added to
another 60 decibel sound yields 63 decibels, not 120 decibels.
A 3 decibel increase in the sound level represents a doubling
of the sound intensity. This rule holds true for random
sound such as one hears in a typical community.
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The reasons for measuring noise usually involve people,
resulting in more interest in the human reaction to sound
rather than sound as a physical phenomenon. Sound-pressure
level can't be taken at face value as an indication of
loudness since the frequency (or pitch) of a sound has quite
a bit to do with how loud it sounds. The weighting networks
are the sound-level meter's means of responding more to some
frequencies than to others.
As was mentioned earlier, one of the characteristics of
sound is its frequency. The range of frequencies of interest
lie in the human auditory range. This spectrum typically
extends from approximately 20 to 20,000 Hz, but for most
persons the range is 40 to 13,000 Hz, and decreases with
age.
The simplest of all sounds are those composed of a single
frequency, called pure tones. The sound around us in a
typical environment can be designated as random sound and is
composed of many frequencies, each with a given sound pressure,
occurring simultaneously and generally changing with time.
In order to investigate the frequency content of a sound, a
procedure known as a "frequency analysis" can be performed.
A sound level meter with an octave band analyzer attached is
used for such a procedure.
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The writers of acoustical standards have established three
weighting characteristics, designated A, B, and C. The
chief difference among these characteristics are that very
low frequencies are discriminated against quite severely by
the A network, moderately by the B network, and hardly at
all by the C network. If a measured sound-level is much
higher on the C-weighting than on the A-weighting, the sound
is probably low frequency. The plot of the frequency response
of the A-weighting network on a sound level meter is approximately
the frequency response of the average healthy human ear when
listening to most ordinary, everyday sounds. Table 1 illustrates
sopie typical A-weighted sound levels and the human response.
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TABLE 1
Sound Levels and Human Responses
Noise Hearing Conversational
Source LevelZ/ Response Effects Relationships
-Jet Operation
-Jet Takeoff
(200 feet)
¦Discotheque
140
130
120
-Riveting Machine 110
-Jet Takeoff
(2,000 feet) 100
-New York Subway
Station
-Heavy Truck
(50 feet) 90
-Pneumatic Drill
(50 feet)
-Alarm Clock 80
-Freight Train
(50 feet)
-Freeway Traffic 70
(50 feet)
-Air Conditioning 60
Unit (50 feet)
-Light Auto Traffic
(100 feet)
-Living Room
-Bed Room
-Library
-Soft Whisper
(15 feet)
-Broadcasting
"Studio
50
40
30
20
10
0
-Painfully Loud
-Limit Amplified
Speech
-Maximum Vocal
Effort
-Very Annoying
-Hearing Damage
(8 hours)
-Annoying
-Telephone Use
Difficult
-Intrusive
-Quiet
-Very Quiet
-Just Audible
-Threshold of
Hearing
i
/ Decibels measured with the A-weighted network (dBA)
Shouting in ear
Shouting at 2 ft,
Very loud
Conversation at
2 ft.
Loud Conversation,
at 2 ft.
Loud Conversation,
at 4 ft.
Normal Conversation
at 12 ft.
U Contribution to hearing impairment begins
SOURCE: "Unwanted By-Product of Modern Life" by the U.S.
Protection Agency
- 24 -
Environmental
-------
Noise has many deleterious health effects on humans. Some
of these effects are hearing loss, speech interference,
sleep interference, annoyance, and physiological effects
such as pain or increased blood pressure and heart rate.
Noise induced hearing loss has long been recognized as an
occupational hazard. Hearing loss is known to occur when
people are exposed to high sound levels for certain periods
of time. The Occupational Health and Safety Act of 19 71
established limits setting the sound level and length of
time employees can be exposed. The OSHA limits of an 8-hour
exposure to 9 0 dBA provides protection to approximately 85
to 90% of persons so exposed. In other words, 10 to 15% of
the exposed workers will suffer permanent hearing loss.
Table 2 is from the Department of Health, Education, and
Welfare recommendations for Maximum Daily Nonoccupational
Noise Exposure:
TABLE 2
Exposure Time
Sound Pressure Level (dBA)
less than 2 minutes
4 minutes
8 minutes
15 minutes
30 minutes
1 hour
2 hours
4 hours
8 hours
16-24- hours
115
110
105
100
95
90
85
80
75
70
SOURCE: "Community Noise Ordinance Workbook" by Robert C.
Chanaud and Robert A. Simmons, Region VIII, U.S.
Environmental Protection Agency.
-------
Assuming that maximum protection is provided by the 24-hour
70 dBA (decibels measured with the A-weighting network) limit,
then any nonoccupational exposure in excess of 70 dBA should
be counter-balanced by a corresponding time period exposure
less than 70 dBA.
Speech interference is a common problem, if the background
sound is too loud, speech communication is interrupted and
even a raised voise is difficult to understand. Sleep
interference can be perceived in three ways; sound can prevent
sleep, induce consciousness, and alter sleep patterns.
Unfamiliar sound incidents as low as 40 to 50 dBA can prevent
sleep. More subtle effects may be caused by sound that
awakens an individual briefly and thus alters the normal
sleep patterns. Sound levels of 40 to 70 dBA can awaken us
completely and yet we cannot remember them. In addition,
sound levels of 30 to 50 dBA can shift the sleep "stage"
without completely awakening a person. Keep in mind that 30
dBA is less than the sound generated by a full grown male
cricket outside the bedroom window. The brain is capable of
deciding which sound will alter sleep and which will not.
The male cricket would probably not effect an individual's
sleep.
Annoyance is the most frequent cause for community action
regarding noise'control programs. Unfortunately, data is
not yet available describing potentially harmfull effects
resulting from annoyance to sound. However, annoyance can
cause sufficient human stress and frustration to affect
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individual performance and the performance of others as well
as relationship with each other.
Sound may also cause certain subconscious physiological
changes. Even a sound of moderate volume and short duration
such as a truck passing on the other side of the street
(rated about 80 dBA), produces a number of physical changes.
Blood vessels in the brain dilate while blood vessels in
other parts of the body constrict. Blood pressure rises,
and the heart rhythm changes. The pupils of the eyes dilate.
The blood cholesterol level rises. Various endocrine glands
pour additional hormones into the blood. Even the stomach
changes its rate of acid secretion. While most of these
reactions are only temporary, the modern environment presents
such ever-changing noise levels that some of these "temporary"
effects may become chronic.
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STUDY RESULTS
In order to provide data which would be representative of
both community sound levels and traffic noise, the data
gathering process was divided into three methods. The first
method consisted of collecting twenty-four hour samples at
seven locations selected throughout Bismarck in both residential
and commercial areas. The data collected indicates the
sound levels in different areas of the community and how
these levels vary throughout the day.
The second method of data gathering, relating to vehicular
monitoring, consisted of collecting thirty-minute samples at
three locations near heavily traveled streets. The third
method of data gathering consisted of collecting thirty-
minute 'grab' samples at four locations in areas of Bismarck
where twenty-four hour samples had not been collected.
These samples indicate the sound levels at the time period
of the day when taken and can be referenced to the twenty-
four hour samples. The locations used in these three monitoring
methods are indicated in Figure 1. Table 3 presents a
description of the sound level measurement locations.
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TABLE 3
SOUND LEVEL MEASUREMENT LOCATIONS
Twenty-Four Hour Sample Locations
Site Number Location Description
1 832 Mandan Street (Back Yard)
2 1820 North 21st Street (Back Yard)
3 146 American Avenue (East Side of Trailer)
4 Main Avenue and 1st Street (Roof of Camp Hancock)
5 1121 North 29th Street (Back Yard)
6 517 East Thayer Avenue (ME Corner of Building)
7 216 Hill Street (Back Yard)
8 811 North 6th Street (Back Yard)
Vehicular Monitoring Locations
Site Number Location Description
A 9th Street South and Bismarck Avenue
(200 ft. South of Intersection on West Side
of Street)
B Highway 83 and Divide Avenue (North of
Intersection at Entrance to Dairy Queen)
C 19th Street and Main Avenue (Parking lot
near House of Bottles)
"Microphone was positioned 25 feet from the near traffic
lane and approximately 4 feet off the ground at all
locations.
Grab Sample Locations
Site Number Location Description
I 1200 Missouri Avenue (East Side of Missouri
Office Building)
II 9th Street and Rosser Avenue (10 0 feet West of
Int. on South Side of Street)
III K-Mart Parking Lot
IV 44 3 Interstate Avenue (Front Yard-Near Street)
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FIGURE 1
SOUND LEVEL MEASUREMENT LOCATIONS
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COMMUNITY NOISE LEVELS
The sound level data obtained in this study is weighted to
the human ear response, that is, sound levels as heard by
the human ear. These sound levels are designated in units
of decibels measured on the A-weighted network, abbreviated
dBA. The majority of the data is represented as L exceedance
levels. Exceedance levels are used to characterize fluctuating
sound on a statistical basis. The X percent exceedance
level is the sound-level in dB exceeded X percent of the
time. -This exceedance is usally symbolized as Lx; for
example, "L^q = 5 8 dBA" means that 10% of the time, the
sound exceeds a level of 5 8 dB, measured with A-weighting.
The background or ambient sound level is defined as the A-
weighted sound level exceeded 90 percent of the 'time (Lgg)
or the all encompassing sound associated with a given
environment. The maximum and minimum sound levels are
represented as Lmax and The equivalent continuous
level, L is regarded as the most objective single number
"4.5
describer and is a good indication of annoyance.
The complete measurement data related to this study is
attached as Appendix B. To fully appreciate the sound
levels at each location, the reader should review the complete
set of data. Table 4 represents the average sound levels at
the residential locations for each twenty-four hour sample
period.
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TABLE 4
AVERAGE TWENTY-FOUR HOUR READINGS
Residential Areas
July - August Data
Site
Date
o
CD
i-3
L50
L10
Leq
L .
mm
Lmax
1
July 21-22,
1977
43 . 3
45. 5
49 . 2
49 . 9
38
84
1
July 22-23,
1977
O
o
42.4
1—I
I—1
CO
J"
32
98
2
July 29-30,
1977
42. 3
47.4
52 . 4
51.8
28
85
3
August 1-2,
1977
O
i—I
45 . 9
57.4
62.2
34
100
5
July 25-26,
1977
39 . 4
43.8
52.1
50.4
31
80
7
July 26-27
, 1977
43.1
46 . 3
51. 0
51. 3
33
86
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The average values of the twenty-four hour samples contained
in Table 4 give an indication of the sound environment at
each location. Figure 2 shows the microphone setup in a
typical residential setting. The ambient or Lgg values are
low at all locations, which indicates the background sound
levels in Bismarck are quiet. Although, at site 3 the L-^q
and L levels are significantly higher than the other residential
sites. This indicates that louder sound levels are occurring
intermittently. Site 3 was located at 14-6 American Avenue which
is in a trailer court near the airport and a light industrial
area of the city. The maximum sound levels at this location
throughout the day are caused from airplanes.
FIGURE 2 - Microphone Setup in a Residential Area
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At Site 1, two twenty-four hour samples were collected in
order to compare weekday and weekend sound levels. The
levels on Friday are higher than those on Saturday, with a
maximum sound level of 9 8 dBA on Saturday caused by an
airplane flying over the neighborhood. The fluctuations in
the sound levels normally seen during hours when people are
going to and from work are not seen on Saturday.
At most of the residential locations the microphone was
located in backyards. This reduced the effect of traffic
noise because of the distance to the street and location of
the microphone behind the house. By locating the microphone
at this position a better indication of the overall background
sound levels is obtained. Vehicular noise was monitored and
is discussed in another section of this report.
The ambient (Lgg) sound levels found in this study are well
below the proposed limits specified in the draft community
noise ordinance for Bismarck. The proposed levels are 5 5
dBA during the day (7:00 a.m. to 9:00 p.m.) and 50 dBA at
night (9:00 p.m. to 7:00 a.m.). An example of how the
background levels could be raised is the influence of a
large air conditioning unit outside an office building or
apartment complex. These types of noise sources and their
noise impact can normally be reduced fairly easily.
- 34 -
-------
The levels used in the draft ordinance were chosen for
several reasons. The U.S.' Environmental Protection Agency
provided assistance since they have worked with communities
in the development and implementation of noise control
programs for several years. For residential land use, the
average of 6 8 cities is near 5 5 dBA in the daytime and 5 0
dBA at night.2/ It has been found that when limits are set
below these levels they impose sound levels which present
technology has difficulty-complying with.
Table 5 represents the average daily sound levels at two
twenty-four hour sample locations in commercial areas of
Bismarck. Figure 3 shows the microphone setup at site 4.
TABLE 5
AVERAGE TWENTY-FOUR HOUR READINGS
July - August Data
Site Date Lgg
4 July 28-29 , 1977 56.8
6 August 3-4, 1977 53.7
L50 L10 Leq Lmin Lmax
63.7 69.6 67.5 42 96
57.2 62.5 60.4 47 89
"Community Noise Ordinance Workbook" By Robert C. Chanaud and Robert
A. Simmons, Region VIII, U.S. Environmental Protection Agency.
- 35 -
-------
FIGURE 3. Microphone Setup in a Commercial Area-Roof of
Camp Hancock Museum.
The difference between the commercial and residential average
daily sound levels is apparent when comparing The results in
Table 4 and Table 5. Site 4- was located in a commercial
area at the Camp Hancock Museum. This is probably one of
the noisier areas of Bismarck because the site is located
between Main Avenue and the Burlington Northern Railway
line. When looking at the graph of sound levels at Site 4
in Appendix B, it can be seen that the ambient levels are
high during the day and drop off during the night. This is
due to a decrease in traffic during the night. It can also
be noted that the L-^q (that sound level exceeded 10% of the
time) does not drop off significantly during the night.
This is probably due to train noise which cause higher sound
levels for short periods of time.
- 36 -
-------
At site 6, the ambient or Lgg sound level did not drop
below 50 dBA at any time during the 24-hour sampling period.
This indicates that there is apparently a stationary source
of sound, such as an air conditioner or ventilation system,
in the area. This can be seen in Appendix B by comparing
the graphs of the 24-hour data at sites 4 and 6.
The average ambient level of the six residential sites are
41.5 dBA and the two commercial sites are 55.2 dBA. It
becomes apparent, when looking at this data, that a need
exists to divide the land use portion of a noise ordinance
into several categories. The categories are divided into
residential, commercial, and industrial areas of the city
with sound level limits specified for each. Different
levels are also established depending on the time of day
with two periods of 7:00 a.m. - 9:00 p.m. and 9:00 p.m. -
7:00 a.m. The portion of the draft ordinance which contains
information on the community noise level is Article VI on
page 9 of the ordinance.
At three locations, twenty-four hour sample data was collected
during the winter months. This data provides a basis for
comparing the summer and winter sound levels in the community.
Table 6 presents the average sound levels at these winter
monitoring locations. All the data collection sites were
located in residential areas of the city.
- 37 -
-------
TABLE 6
AVERAGE TWENTY-FOUR HOUR READINGS
Winter Data
January - February
Site
Date
L9 0
l50
L10
Leq
^min
Lmax
1
Jan.
19-20, 1977
36. 2
39
CO
LO
45 . 8
26
00
00
2
Feb.
1-2, 1977
42.1
45 . 8
50 . 2
49 .9
32
00
CO
8
Jan.
25-26, 1977
38
42 . 8
48 . 6
48.1
26
85
By comparing the data in Table 6 with the data in Table 4, it
can be seen that the community sound levels are lower during
the winter months. The higher levels in the summer appear
to be caused by increased outdoor activities. It is interesting
to note that the maximum sound levels are approximately the
same throughout the year and can be attributed to aircrafr
operations.
At site 2 the.sound levels were similar in both the winter
and summer months. It is assumed that the traffic noise
from Interstate Highway 9 4 is the major source of the background
sound environment. This background sound does not allow the
sound level at site 2 to drop below a certain level causing
the ambient or Lg0 value to remain fairly constant throughout
the year.
- 38 -
-------
From this data it can be assumed that the community sound
levels will generally be slightly lower during the winter.
It should be realized that people are not as annoyed by
noise in the winter months since they are normally indoors
with their house closed up. People begin to notice a
noise problem in the spring when they are out of doors more
frequently, and begin opening the windows of their homes.
A comparison of the ambient levels in the residential and
commercial areas of Bismarck, is shown in Figure 4. The
difference between the two areas is apparent and indicates
the need for considering residential and commercial areas
separetely in a community noise ordinance.
Three samples which were collected for short periods of time
and referred to as grab samples are shown on this figure.
These three samples were collected in commercial areas of
Bismarck and appear on the graph between 2:00 and 5:00 p.m..
The plot of the grab samples fall near the other commercial
area samples, which is an added support to the validity of
the data.
- 39 -
-------
SU"MAP.V OF NOISE LEVELS
FIGURE 4- • Summary of Twenty-Four Hour Data.
- 40 -
-------
Throughout the data which is contained in Appendix B of this
report, peak values occurred which should be mentioned.
Peak values were caused by several sources such as children
playing, aircraft, and construction noise. These peaks are
most noticeable when the ambient or background noise is low.
This can be seen by comparing the plot of data for site 4 in
Appendix B collected on July 28-29, 1977. The peaks of
individual noise sources are not seen at site 4 because the
background noise level masks out most of these levels. At
site 1 where the background levels are low, individual peaks
can be seen. This is why a noisy vehicle driving through a
quiet residential neighborhood is much more annoying than a
noisy vehicle driving down a busy street in a commercial
area. The higher noise levels in the commercial area mask
the noisy vehicle.
- 41 -
-------
VEHICULAR MONITORING
A summary of the results of the vehicular monitoring part of
this study is represented in Table 7, which indicates the
total number of vehicles monitored and the number that
exceeded 80 dBA.
TABLE 7
Traffic Count
i
; Location
Cars
Count
Motorcycles
Trucks
Number
Cars
Exceeding 80 dBA
Motorcycles Trucks
i
j
' 9th St. S
i
Bis. Ave.
197
2
4
7
0 4
| Hwy. 8 3 5
Divide Ave
383
7
8
7
2 6
; 19th St.
i
S Main Ave.
271
7
3
11
3 1
The locations and times for monitoring were selected to
obtain noise levels during a busy time period. Although the
location at Highway 8 3 and Divide Avenue had the highest
traffic count, the vehicles exceeding 80 dBA are not correspondingly
high. It is felt that this is due to the type of vehicles
passing the site during the selected sampling period, approximately
4:15 p.m.
- 42 -
-------
At the Ninth Street and Bismarck Avenue sampling location,
the primary traffic was due to people returning to the
mobile home park or proceeding toward the airport. Appendix
B contains the strip chart recordings of the traffic monitored.
The vehicles exceeding 80 dBA are identified.
A vehicular monitoring study at nineteenth Street and Main
Avenue was performed in the evening to determine the noise
levels during this time period. It was expected that the
sound levels would be high at this time of day, 8:00 Friday
evening, due to pleasure driving. The percentage of vehicles
exceeding 80 dBA at this location was the highest of the
three sampling sites and higher than that to be expected
from other community studies.^ It is interesting to note
that although only seven motorcycles were observed, 43%
exceeded 80 dBA. The attitudinal survey conducted in Bismarck
substantiates that motorcycle noise is an annoyance to
the public. Thirty-One percent of the people contacted in
this survey indicated that they were bothered by motorcycle
noise. This is especially apparent in residential areas of
the city where background levels are lower.
-'-Page 7-141 of "Community Noise Ordinance Workbook" by
Robert Chanaud and Robert Simmons
- 43 -
-------
ATTITUDINAL SURVEY
An attitudinal survey was conducted in order to provide
citizen feedback for assessing the problem of noise in
Bismarck. About 15 0 people were contacted by phone and
asked to respond to several questions relating to noise. A
copy of the questionnaire used and the results is shown on
the following page.
The questionnaire was designed to provide information in
several areas. The first area related to an assessment of
the respondents residential environment and was intended to
provide informtion on the type of neighborhood being sampled.
The second area pertained to the general attitude of citizens
toward their local government. The next area asked several
specific questions on noise and the willingness of citizens
to control it. The fourth area consisted of variables which
will be used to check the representativeness of the sample.
The final area attempted to determine which noise sources
cause the most annoyance in Bismarck.
- 44 -
-------
NOISE CONTROL QUESTIONNAIRE
01. Type of housing:
(1)_74%_ single family (2) 7% duplex
(3) 12% multiple units (4) lr[. mobile homes
Q2. Give an overall rating of the neighborhood in which you live. Is it:
(1) 1% poor (2)_9%_ fair (3) 90% good
03. How would you rate the following governmental services:
Fi re
0%Door
2%
fa i r
67;
:bgood
0 1 '¦
w/ i
Idon1
't
know
Poli ce
A'-,
:'poor
20%
fa i r
56'
-good
20:;
:don1
't
know
Parks (upkeep, etc.)
4;.
¦poor
25%
f a i r
59'
:.good
12;
Idon1
't
know
Recreation Program
3':
ipoor
17%
fai r
55:
sgood
25%don 1
't
know
Street Maintenance
16f:
O
o
Q_
37%
fair
47:
:'Jgood
0'.
Jdon1
't
know
Administration (City Gov't)
6/
^Door
33%
fai r
43:
^good
12;":
:'don'
't
know
Libra ry
0:-
iDoor
7%
fai r
74;
;!good
19:.
Sdon
1 4.
L
know
Q4. Do you feel a city tax supported bus service would be a worthwhile program?
57% yes 36% no 7% don't know
Q5. Here is a list of problems which some communities have. Indicate whether
you feel each problem is a severe oroblem, moderate problem, slight problem,
or no oroblem in Bismarck.
Crime
6%severe
41%moderate
40'-'sl i aht
8%no
5"aon
1 j.
L
know
Air Pol 1ution
2%severe
5%moderate
37%s1i aht
52%no
fij'don
't
know
Poor Housing
0%severe
6 "i mode rs te
32'slight
5 5n o
7%don
1 4.
L
know
Noi se
2%severe
5%mode rate
30':s 1 i cht
62"no
l%con1
i i.
L
know
Li ttering
5% severe
12%moderate
26"s1i cht
57:;no
0"don1
't
know
06. Do you consider your neighborhood to be:
(1) 77" quiet (2) 21% noisy (3) 2'' very noisy
07. How often are you bothered by noise in your neighborhood?
(1) 63% never (2) 35% sometimes (3) 2" often
Q8. What time of day does noise bother you most?
(1) 3% 7:00 am - 7:00 pm (2) 11" 7:00 pm - 10:00 pm
(3) 9% 10:00 pm - 7:00 am (4) 75' no specific time or net bothered
(5) 2% all the time
09. Do you think this community should organize a program to speci fi cal'ly work
on reducing noise levels in Bismarck and respond to citizen complaints?
(1) 73% no (2) 23% yes (3) £%' don't know
- 45 -
-------
Q10. Have you experienced any adverse wealth effects from noise?
(1) 99% no (2) 1% yes (3) 0% don't know
Qll. How long have you lived in your present residence?
(1) 54% 0-5 years (2) 20% 6-10 years
(3) 11% 11-15 years (4) 15% I'd or more years
Q12. Sex of respondent.
(1) 74% female (2) 26% male
Q13. Do you own or rent your present residence?
(1) 81% own (2) 19% rent
Q14. How many persons live in this residence?
(1) 30% 1 to 2 (2) 59% 3 to 5 (3) 11% 6 & over
Q15. In what age group do you fall.
(1) 23% 13 to 30 (2) 45% 31 to 49
(3) 19% 50 to 64 (4) 13% 65 & over
Q16. I have one final set of questions to ask you. I will read to you a list
of items which are often found in neighborhoods such as yours. Please
indicate whether or not you are bothered by the sounds emitted from
these various sources in your immediate neighborhood.
3% neighbors
4% children playing
5% stereos, radios, etc.
2% air conaiiioner
1% lawn mowers
14% dogs
1% other pets or animals
2% sirens
31% motorcycles
30% hot rod type cars
0% buses
0% garbage trucks
9% traffi c
a. automobile
b. truck
1% trains
19% ai rcraft
1% building construction
1% road construction
0% automobile or truck horns
0% bells or whistles
1% snowmobiles
- 4 6 -
-------
COMPLMNTS
too many signs around town
3rd St. & Bismarck Ave needs lights, signs; something to better control traffic
f 1 ow
doesn't feel that it's right that out'-of-town people should have to pay for bus
service for their children
city commission doesn't listen to everyday people problems and feels that
commissioners should be hired as full-time employees
16th St. truck traffic (cement-construction) on a street that's not a truck
route
more programs for juveniles
animal shelter is needed
taxes too high
snow shoveling should be required and enforced
where/which department do you go for satisfaction concerning different things;
tired of getting the run around with no results
switch board at City Hall not run adequately
expansion of recreation program needed even if an increased mill levy is required
not enough publicity concerning decisions and uoccming decision making about city
problems, etc.
not enough police patrolling in mobile home parks
police too slow in responding to complaints
plant trees along Ward Rd, Airoort Rd, etc., the open areas on roads that lead
into the city; also better mowing of grass, etc., around town in the summer is
needed
irresponsible zoning with no respect for petitions or any other citizen complaints
cat leash law needed
something should be done about the young kids riding around on motorcycles on
undeveloped property
taxes are too high for senior citizens; prooerty taxes should be ~ for people 65
and over
toilets in parks always filthy
aarbace pickup should be on set days in certain areas (Tues. I Thurs. or Men.,
Wed. Fri.)
- 47 -
-------
- commercially zoned areas close to residential areas should have restrictive
hours of business (restaurants, etc.;; should not be allowed to be open until
3:00 am, etc.
- Hillside Park playground area not clean as it should be
- dogs: the leash law is not properly -enforced, people should not be allowed to
walk their dogs around town and allow them to defecate on other people's
property, (7 people)
- toilets should be made available in Hillside Park (not just during the swimming
pool hours)
- ooor traffic flow and ooor downtown Darking
- 48 -
-------
SUMMARY AND CONCLUSION
From this study it was found that the existing noise environment
in Bismarck is good. The background sound levels in residential
areas are generally low, with the exception of sites which
are influenced by intermittent louder sound levels. The
commercial areas of Bismarck have higher sound levels than
residential areas which is indicative of the activities in
these areas.
The percentage of cars monitored which exceeded a level of
8 0 dBA at 2 5 feet was slightly higher than that found in
other communities.^ Other communities which have conducted
vehicular surveys have found that about 1-2% of the cars
exceed 80 dBA at 2 5 feet. In Bismarck, it was found that of
the cars monitored about 3% exceeded this level. It should
be realized that 80 dBA at 25 feet is normally used as the
maximum allowable sound level for cars in a community noise
ordinance. It was found that about 30% of the motorcycles
monitored exceeded the 80 dBA level at 25 feet. Motorcycle
noise is also more annoying than car noise produced by cars
or trucks because of its frequency. If motorcyles or cars
have a stock muffler system which has not been modified and
is in good working order, they will not exceed the 80 dB(A)
level at 2 5 feet. However, if the vehicle is operated
^ "Community Noise Ordinance Workbook" by Robert C. Chanaud
and Robert A. Simmons, Region VIII, U.S. Environmental
Protection Agency.
- 49 -
-------
improperly it will be possible to exceed tnis level, even
with a good exhaust system. Most of trucks monitored exceeded
the 80 dBA level. This is due to the size of the engines
and their normal operation under heavy loads. The maximum
sound level allowed for trucks and vehicles exceeding
10,000 lbs GVW, is usually 90 dBA.
It is expected that with the increased growth of Bismarck in
the next few years, the sound level will correspondingly
increase. A community noise control program and ordinance
would provide a means to reduce the noise caused by existing
loud vehicles and also establish guidelines for planning to
insure that community noise levels are maintained at an acceptable
level.
- 50 -
-------
APPENDICES
Page
A. Study Methods 5 2
B. Data
B-l Twenty-Four Hour Sample Data (Summer Data) 60-
B-2 Twenty-Four Hour Sample Data (Winter Data) 69
B-3 Vehicular Monitoring Data 7 6
B-4 Grab Sample Data g2
- 51 -
-------
APPENDIX A
STUDY METHODS
Twenty-Four Hour Samples
At the twenty-four sample locations, data was gathered with
a General Radio Model 1945 Community Noise Analyzer. The
Community Noise Analyzer is basically a sound-level meter
with a memory, digital processor, and LED numerical display.
The measurement results are digitally displayed weighted
sound-levels appearing as L exceedance levels. Exceedance
levels are used to characterize fluctuating sound on a
statistical basis. The X percent exceedance level is the
sound-level in dB exceeded X percent of the time. This
exceedance is usally symbolized as Lx; for example, "L]_q =
5 8 dBA" means that 10% of the time, the sound exceeds a
level of 5 8 dB, measured with A-weighting.
Accumulative statistics are useful in determining various
effects of noise on people. The Lgo value is the ambient
noise level and is used to represent the continuous background
noise level. The Lq L]_, and L-j_q are indicators of
intermittent louder noise exposure and correlates with
annoyance and sleep interference effects.
Figure 6 on the following page shows the community noise
analyzer, calibrator, microphone - weatherproof enclosure,
and wind screen. The system is calibrated before and afrer
each sample is gathered to ensure that the equipment is
-------
Figure 6. Community Noise Analyzer and Accessories
- 53 -
-------
operating correctly. (See Figure 5) The analyzer can be
set for three consecutive sampling periods for data collection.
The periods were set to correspond with noise levels expected
for that time of day. For example, one and two-hour samples
were collected during the daytime hours when sound levels
are expected to fluctuate. At night, three to four hour
sampling periods are used since the sound level will be more
constant.
Seven sampling sites were chosen throughout the city, five
residential areas and two in commercial areas. Twenty-four
hour samples were also gathered at three sites during the
winter months so that winter vs. summer levels can be compared.
A discussion of the results of this study is contained in
the section entitled "Study Results".
- 54 -
-------
Vehicular Monitoring
The equipment used for this portion of the study included a
sound level meter (BSK Type 2204), tape recorder (UHER
4000), and graphic level recorder (General Radio 1521-B).
The data was recorded at the three monitoring sites by
positioning the microphone of the sound level meter twenty-
five feet from the edge of the near traffic lane and approximately
four feet off the ground (Figure 7). The tape recorder was
used to record the data collected by the sound level meter.
The tape recorder was then returned to the office and connected
to a graphic level recorder (Figure 8) which recorded the
sound level representations on graph paper. The vehicular
monitoring data is contained in Appendix B of this report.
In addition to the tape recording, a traffic count was
maintained at each sampling site. The traffic count was
divided into the categories of cars, trucks, and motorcycles.
The total traffic count in each category and vehicles exceeding
80 dBA were recorded.
The near vehicle in Figure 9 is shown being used for vehicular
monitoring at Nineteenth Street and Main Avenue. Ideally,
the sound level meter should be positioned as described
previously and approximately 100 - 200 feet from an intersection
in order to monitor vehicles accelerating from the intersection.
- 55 -
-------
VEHICULAR MONITORING
- 56 -
-------
Grab Sampling
The grab samples provide additional data where twenty-four
hour samples were not collected. Figure 10. shows a typical
residential area set-up and Figure 11. shows a typical
commercial area set-up where, for security reasons, the
microphone was mounted from within the vehicle.
The grab sample data can be compared with twenty-four hour
sample data to predict relative noise levels in different
areas of the city with a minimum of effort. In addition, it
appears to be the most practical method of evaluating a
noise complaint.
A thirty-minute sample time was chosen because this is the
minimum sample time setting on the community noise analyzer.
The sampling procedures remain the same as previously discussed
for the twenty four hour samples.
- 57 -
-------
Due to the restraints, only four sampling sites were chosen,
three commercial areas and one residential area. A summary
of the noise levels is contained in Appendix E of this
report.
- 58 -
-------
GRAB
SAMPLING
- 59 -
-------
APPENDIX B-l
Twenty-Four Hour Sample Data
Summer Data
(Gathered with Conmunity Noise Analyzer)
Site Number Location
1 832 Mandan Street
2 1820 North 21st Street
3 146 American Avenue
4 Main Avenue and 1st Street
5 1121 North 29th Street
6 517 East Thayer Avenue
7 216 Hill Street
- 60 -
-------
NOISE DATA AT SITE 1
832 Mandan Street
July 2V
-22.
1977
T ime
Temp
°F
Wind
MPH
L0.1
L1
L2
L5 L10
Sound Levels
- dBA20
L50
L90
L99
'-min
'"max
leq
16:45-17:45
85
Calm
66
57
55
51
49
46
48
44
43
42
67
49
17:45-19:45
63
55
54
51
49
48
46
44
42
41
66
48
19:45-21:45
69
58
55
52
50
47
45
43
42
41
70
49
22:00-01:00
72
60
57
53
50
48
46
44
43
41
75
51
01:00-05:00
55
Calm
59
55
52
47
44
44
43
42
41
39
65
45
05:00-07:00
77
58
55
51
48
46
43
41
39
38
84
53
07:15-09:15
60
73
62
55
49
47
46
44
42
41
40
75
51
09:15-11:15
71
59
56
51
48
46
43
41
40
38
74
49
11:15-12:15
80
0-10
75
62
58
54
51
49
47
44
42
41
78
52
12:30-13:30
75
60
58
56
54
51
48
46
45
44
76
53
13:30-15:30
69
61
57
53
51
50
47
45
43
43
78
51
15:30-15:30
67
54
52
50
49
48
46
44
43
43
68
48
— i ri mou~s 40 205O
X ICO D'VlSIONS .<:< i. j i .
* i»*cn co
SUMMARY OP NOISE LEVELS
-------
NOISE DATA AT SITE 1
832 Mandan Street
July 22-23, 1977
Tiir.e
Temp
°F
Wind
MPH
L0.1
L1
L2
l5
Sound
L]0
Levels
l20
- dBA
L50
L90
L99
*-min
LT7.ax
Leq
18:34-19:34
85
0-2
60
54
53
51
49
48
46
43
42
41
64
47
19:45-20:45
64
58
54
50
48
46
44
42
41
40
72
47
20:45-21:45
Calm
66
58
56
53
50
47
44
42
41
39
71
48
22:00-01:00
64
59
58
54
52
50
47
44
43
42
66
50
01:00-05:00
57
52
50
49
48
48
45
42
41
38
64
46
05:00-09:00
70
Calm
65
54
51
50
48
46
42
38
35
32
69
46
09:15-10:15
64
58
55
50
47
45
42
39
38
36
72
46
10:15-11:15
61
53
50
47
45
43
40
39
38
37
75
44
11:15-12:15
85
Calm
59
51
49
47
45
43
41
39
38
36
67
43
12:30-13:30
59
50
48
46
44
42
40
38
37
34
72
43
13:30-14:30
57
49
47
45
43
41
39
37
36
35
71
42
14:30-15:30
95
Calm
94
67
61
54
49
45
41
39
38
37
98
68
15:45-15:45
68
56
51
48
45
43
41
39
38
37
72
47
16:45-17:45
79
68
61
51
46
43
41
39
38
37
83
56
Note: Jet flew over between 14:30-15:30
Children playing near microphone between 16:15-17:45
- 6? -
-------
NOISE DATA AT SITE 2
1820 North 21st Street
July 29-30, 1977
T ir.e
Temp
°F
Wind
MPH
L0.1
L1
L2
L5
Sound
, Ll°
Levels
L20
- dBA
l50
L90
Lgg
Lmin
'"max
Leq
16:45-17:45
80
10-12
71
62
60
58
56
54
48
45
43
41
81
53
17:45-19:45
66
61
59
57
54
51
48
45
43
40
73
51
19:45-21:45
78
64
60
56
54
52
50
45
43
41
85
62
22:00-01:00
63
Calm
64
57
55
53
51
50
48
38
32
29
85
50
01:00-05:00
60
54
52
48
46
43
39
32
30
28
73
44
05:00-08:00
61
56
55
54
52
51
47
39
34
32
70
49
08:15-10:15
60
Calm
65
57
56
54
52
51
47
43
42
40
71
50
10:15-11:15
70
62
58
54
51
48
45
41
39
37
79
51
11:15-12:15
67
58
56
53
51
49
47
43
41
37
75
50
12:25-14:25
72
61
58
55
53
51
48
43
41
36
78
52
14:25-15:25
66
58
56
55
54
53
51
46
44
42
73
52
15:25-16:25
80
10-12
80
67
59
56
55
53
51
48
46
43
83
58
IJote:
: Children playing between
19:
: 34-21:45
• i — i cw r,r Mouas 4G ZObO ~—s
r."i _ * tCO DlVlS'CNS .»;« <» . » •
• «»•«¦ CO.
SUMMARY OF NOISE LEVELS
-------
NOISE DATA AT SITE 3
146 American Avenue
August 1-2, 1977
Time
Temp
°F
Wind
MPH
L0.1
Ll
L2
l5
Sound
i L]°
Levels -
L20
dBA
L50
L90
Lgg
'vnin
'"max
Leq
20:05-00:05
65
Calm
90
68
63
59
56
52
46
42
39
36
97
65
00:05-04:05
81
60
57
54
49
45
41
38
36
34
90
57
04:05-08:05
84
64
62
58
55
51
45
38
36
34
91
59
08:15-10:15
60
Calm
90
76
69
64
60
55
47
41
39
36
93
66
10:15-12:15
90
72
68
63
59
54
47
43
41
38
100
66
12:15-14:15
80
Calm
79
67
64
60
57
53
45
42
40
38
84
57
14:21-16:21
95
81
73
66
61
57
47
43
40
38
100
72
16:21-18:21
85
71
67
63
60
56
47
41
38
36
91
61
18:21-20:21
70
Calm
74
70
68
63
60
56
48
41
39
37
78
57
I • IF- , orv GY H3L-,5 .16 ZC50
IV X 100 DIViaiO-.S ¦¦01 .. k ~ •
SUMr_A_RY NOISE LEVELS
u10
-90
"50
-------
NOISE DATA AT SITE 4
Main Avenue & 1st St.-Camp Handcock
July 28-29,
1977
Time
Temp
°F
Wind
MPH
L0.1
L1
L2
l5
Sound
. L]0
Levels
- dBA20
L50
L90
L99
'-min
'"max
leq
10:00-11:00
75
Calm
80
74
72
71
69
67
64
58
54
52
85
66
11:00-12:00
89
78
74
71
70
68
65
59
54
52
92
69
12:04-13:04
83
76
75
72
70
69
66
59
55
50
88
68
13:04-15:04
87
78
76
72
70
69
65
59
54
50
90
68
15:04-17:04
87
78
74
72
70
68
65
60
55
52
93
68
17:15-18:15 *
89
15
80
75
74
71
70
69
66
60
55
53
85
67
18:15-20:15
85
76
74
71
70
68
65
58
52
49
96
6o
20:15-22:15
81
75
74
72
70
69
66
61
55
50
85
68
22:15-01:15
80
Calm
83
77
75
73
71
69
65
56
49
46
90
68
01 :15-05:15
87
75
72
68
65
61
51
44
43
42
95
65
05:15-05:15
86
77
75
72
70
68
62
50
46
44
94
67
09:20-09:50
70
15
85
78
75
72
70
68
64
58
55
53
87
68
100
90
80
SUMMARY qv NOISE LEVELS
Site: Ka f\vi f I ^ Surest
, tJ' Oa.<-
Date: y/ZS -Z-/ 77
-I-
-i-- \>:7/
y-^/ys
~ ——'—I
J
r 60
U ~ I 1 T
o
2
50
i=4^
-:=s;—
—-, - —i , 1
— -
mi
in
liii
¦11
-I-—
-h •
-|= VI- '-L -! --i --
i ! : : : __! r —
1 r ; J_ J _ - j _ z i .
- -~j- -!~~lr ~~\":i-
40
30 L_
-I.: -
LIL _"i:
20
: I rr
-
"5 0
-9 0
TO
_ fi ^ -
-------
NOISE DATA AT SITE 5
1121 North 29th Street
July 25-26, 1977
T line
Temp
°F
Wi nd
HPH
L0.1
L1
L2
L5
Sound
1 Ll°
Levels -
L20
dBA
L50
L90
L99
Lmin
Lmax
Leq
12:30-13:30
74
10
75
61
56
50
48
46
43
40
38
36
80
51
13:30-15:30
66
64
63
62
59
50
44
40
38
36
70
53
15:30-16:30
64
57
54
51
49
48
43
39
37
36
68
47
16:45-17:45
5
63
58
54
51
50
48
44
40
38
36
71
48
17:45-19:45
66
57
54
51
49
47
41
36
34
31
73
47
19-45-21:45
69
59
56
56
49
46
41
36
33
31
75
48
22:00-01:00
5
70
60
56
52
51
50
48
39
38
36
78
51
01:00-05:00
55
50
48
46
44
42
38
36
34
31
61
41
05:00-03:00
60
2
68
62
58
53
51
49
46
43
39
37
73
48
OS:00-09:15
73
72
71
69
62
49
46
42
40
38
74
60
OS . 15-11 :15
74
72
72
70
61
49
44
39
36
34
80
61
11:15-12:15-
6B
61
58
54
52
50
47
43
42
40
74
50
(lote: Helicopter noise between 12:30-13:30
Motorcycles drove past between 19:45-21:45
Construction noise between 08:15-11:15
-------
NOISE DATA AT SITE 6
517 East Thayer Ave.
August 3-4, 1977
Time
Temp
°F
Wind
MPH
L0.1
L1
L2
L5
Sound
, LI0
Levels -
L20
dBA
L50
L90
L99
'-mm
'"max
Leq
08:30-09:30
75
Calm
78
72
70
66
64
61
'57
53
51
50
81
62
09:30-10:30
78
69
68
65
63
62
59
54
52
50
82
61
10:30-11:30
76
69
67
64
62
61
58
55
53
51
78
60
11 -.40-12-.40
76
71
69
66
64
62
59
55
53
51
81
61
12:40-13:40
75
69
67
66
64
62
60
58
55
54
79
62
13:40-14:40
74
70
68
65
63
61
59
56
53
51
81
61
14:55-15:55
72
68
67
65
63
61
58
55
53
50
82
60
15:55-16:25
72
68
66
64
62
61
58
54
52
50
77
60
1f : 25-16:5 5
77
71
68
65
63
61
58
55
53
52
79
61
17:15-18:15
81
69
67
64
63
61 "*
58
53
51
50
89
62
18:15-20:15
76
70
67
65
63
61
58
54
52
50
81
61
20:15-22:15
75
68
67
64
62
60
56
53
51
50
84
60-
22:15-01:15
77
68
66
62
60
57
53
50
49
47
85
58
01:1S-05:15
77
70
66
62
59
56
53
50
48
47
81
58
05:15-08:15
78
70
67
64
62
59
54
50
48
47
85
59
c n
-------
NOISE DATA AT SITE 7
216 Hi 11 Street
July 26-27, 1977
Time
Temp
°F
Wind
MPH
L0.1
<•1
L2
l5
Sound
i Ll°
Levels -
L20
dBA
L50
l90
L99
'-min
'"max
Leq
16:45-17:45
70
Calm
67
62
60
55
51
49
47
45
43
42
72
51
17:45-19:45
72
60
57
54
51
48
46
44
42
40
75
51
19:45-21 :45
68
61
57
54
52
50
47
44
42
40
77
50
22:00-01:00
71
65
61
56
51
49
47
45
43
41
75
53
01:00-05:00
69
60
57
48
47
45
42
38
35
33
74
48
05:00-08:00
59
Calm
64
59
57
52
50
48
45
37
35
33
71
48
03:15-10:15
72
66
62
56
52
49
45
42
40
39
77
53
10:15-11 :15
62
58
55
52
50
48
46
43
40
39
65
48
11:15-12:15
79
0-6
59
54
53
51
50
49
47
44
42
40
63
48
12:30-13:30
74
69
66
59
55
52
49
46
44
42
77
56
13:30-15:30
79
64
60
55
53
51
48
45
42
40
86
56
15:30-16:30
75
61
56
52
50
49
46
44
42
41
81
53
Note: Train noise will effect levels (Train @ 19:17-73dBA max.)
K-— 1 PrtV ET HUU.IS -16 ilO'jO
t IOO DIVISIONS ..31 * . l i
¦ LUI '» Lt.CR CO.
SUMMARY OF NOISE LEVELS
100
90
80
70
NT
T-prz
Site: 2\L W,\l S+veeV
IB I S^»rc < j K-'t' "**'
Date: "7/- "2.7 / "77
Izr
' :
V A- 1
> 60
W
J
b3
w
50
u !™ H!~
"T^T
-"H
l.iVVTU-
fi R
-------
APPENDIX B-2
Twenty-Four Hour Sample Data
Winter Data
(Gathered with Community Noise Analyzer )
Site Number Location
1 832 Mandan Street
2 1820 North 21st Street
8 811 North 6th Street
- pq _
-------
HOURLY NOISE DATA AT SITE 1
832 f-ftNDAN ST. - BISMUtK
JANUARY 19, 1977
THE
TEMP/WIND
L0.1
'L1
4
L5
Ho
Ho
So
L90
L99
Lmin.
Lmax.
L
eq.
°F MPH
SOUND
LEVELS
- dBA
18:40-19:40
24/0-5
59
56
55
52
49
46
44
42
41
39
65
47
19:40-20:40
62
57
56
52
49
45
42
40
39
38
66
47
20:40-21:40
49
47
46
45
44
43
41
39
38
37
69
42
21:45-22:45
20/calm
65
61
59
53
48
46
42
39
37
36
66
48
22:45-23:45
66
59
54
49
45
42
39
36
35
34
72
46
23:45- 0:45
85
71
64
56
53
49
39
36
34
32
88
61
NOTE* Klaior sources of noise include trains (55-60 dBA), trucks frcn the interstate (60 dRA
rax.), and airplanes (note levels between 23:00 and l:00-two flights cone over neighbor-
hood during these hours).
-------
HOURLY NOISE DATA AT SITE 1
832 MANDAN ST. - BISMARCK
JANUARY 20, 1977
TIME
TEMP/WIND
(°F) (MPH)
L0.1
L1
L2
L5
L10 L20
(SOUND
L50
LEVELS
L90
- dBA)
L99
L .
mm.
L
max.
L
eq
0,:50- 1:50
56
52
50
46
43
40
37
34
32
30
69
41
1:50- 2:50
48
43
42
40
39
38
35
31
29
27
53
36
2:50- 3:50
45
42
41
39
38
36
33
30
28
27
49
35
3:55- 4:55
62
56
54
50
47
41
34
29
27
26
63
44
4:55- 5:55
53
46
44
41
39
38
35
31
29
27
55
37
5:55- 6:55
9/calm
72
56
53
43
45
42
38
34
31
30
78
48
7:00- 8:00
69
56
50
44
43
42
40
38
37
36
70
47
8:00- 9:00
65
62
58
53
50
45
42
40
39
37
67
49
9:00-10:00
13/calm
61
58
57
53
51
46
41
37
36
34
65
47
L0:05-11:05
61
57
53
47
44
42
39
37
35
34
63
44
11:05-12:05
55
49
48
45
43
40
37
35
33
31
60
40
12:05-13:05
20/calm
67
60
58
52
47
42
38
36
34
32
77
48
13:10-14:10
67
57
54
49
46
43
39
36
35
33
69
46
14:10-15:10
71
61
55
49
44
41
38
35
33
30
73
49
15:10-16:10
26/7
68
59
55
49
45
42
39
36
34
33
74
47
16:15-17:15
73
56
52
48
46
44
42
39
37
35
83
50
17:15-18:15
73
57
53
48
46
44
41
39
38
36
75
49
18:15-19:15
26/calm
66
62
59
55
52
48
43
40
38
36
69
50
19:25-20:25
66
55
51
46
43
41
39
37
36
34
70
45
20:25-21:25
52
48
47
45
43
42
40
37
36
34
60
41
21:25-22:25
53
47
46
44
43
41
39
37
36
34
56
41
22-: 30-23:30
74
59
56
52
47
42
38
35
33
31
75
51
23:30- 0:30
75
60
52
41
42
39
37
35
33
32
79
51
NOTE: Major sources of noise include trains (55-6Q dBA), trucks from the interstate (60 dBA
max.), and airplanes (note levels between 23:00 and l:00-two flights come over neighbor-
hood during these hours).
- 71 -
-------
-------
NOISE DATA AT SITE 2
Tine Temp/Wind LQ ^
I °F MPH
16:30-17:30 22/3 67
17:30-18:30 81
18:30-19:30 15/4 w/gusts
to 7 57
19:37-20:37 71
20:37-21:07 57
121 :07-21 : 37 15/3-5 59
22:03-22:33 68
22:33-23:03 17/3 58
23:10-01:10 74
01:10-04:10 58
04:10-06:10 58
06:16-07:16 17/18 58
07:16-07:46 64
07:46-08:16 75
08:23-08:53
08:53-09:53
09:53-10:53 69
12:30-13:30 19/13 w/
gusts to 39 67
13:30-15:30 67
15:30-16:30 82
1820
No.
21st St.
-Bismarck
February
1-2,
1977
L1
L2
L5
L10
L20
L50
Sound Levels
63
54
49
47
45
44
66
58
50
47
46
44
52
51
49
48
47
45
59
56
53
51
49
46
54
53
51
50
48
45
56
54
52
51
49
47
61
56
51
49
47
45
55
54
52
50
48
45
61
55
51
49
47
44
53
52
49
47
45
41
53
52
49
47
45
41
54
53
50
49
47
44
56
54
51
50
48
46
59
54
51
50
48
46
53
64
62
60
57
55
50
60
58
56
54
52
48
62
60
57
55
52
48
66
60
56
54
52
48
90 L
'99
^nin.
T
rax.
Lea.
dBA
42
41
40
70
49
42
41
40
84
56
43
41
40
59
46
42
41
38
75
50
42
40
38
60
47
44
42
40
65
48
42
40
38
74
49
41
39
37
62
47
41
38
36
79
52
37
34
32
63
44
37
34
32
63
•i 4
40
38
36
64
46
43
41
39
71
48
42
40
39
86
54
41
40
48
45
41
39
54
46
43
41
76
54
44
42
39
71
51
43
40
36
77
52
44
41
39
89
59
NOTE: Sources of noise durinc the sample period include a barking dog in the
neighbor's backyard, traffic on Interstate 94, and ]et aircraft. Note
that the ambient level was hioher than those obtained from Sites 1 and
6, due to traffic noise from the interstate. Wind effects must also be
taken into consideration.
-------
NOISE DATA AT SITE 8
811 Ho. 6th St. - Bismarck
January 25-26, 1977
Time
Temp/Wind
°F MPH
L0.1
M
l2
l5
L10 l20 l50
Sound Levels •
L90
- dBA
L99
Lmin.
1-max.
Lej.
17:00-18:00
24/6
70
59
55
51
49
48
45
41
39
38
79
50
18:00-19:00
77
56
52
48
47
45
41
39
37
36
81
52
19:00-20:00
54
50
49
47
46
44
41
39
37
36
58
43
20:15-21:15
24/4
58
54
53
51
49
48
45
41
40
39
63
46
21:15-22:15
61
58
56
54
52
49
46
42
39
38
77
49
22:15-23:15
60
55
54
52
50
48
46
42
40
38
66
47
23:30-02:30
26/10
77
58
55
52
50
48
44
40
38
35
84
54
02:30-05:30
57
50
47
45
43
40
36
31
28
26
64
40
05:30-07:30
66
53
50
47
45
43
39
33
29
27
74
45
07:45-08:45
-5/5
62
54
52
51
50
48
45
40
37
35
73
47
08:45-10:45
68
58
55
50
48
45
41
36
33
30
74
47
10:45-12:45
68
59
56
52
49
47
43
37
34
32
73
48
12:50-13:50
3/2
61
55
53
51
49
47
44
38
35
32
67
46
13:50-14:50
71
64
62
53
49
47
43
36
32
30
72
51
14:50-16:50
81
67
61
56
53
49
43
35
32
30
85
57
tiOTE: Sources of noise include trucks and ambulance sirens on 6th Street and airplanes.
Sites 1 and i are very similar in noise levels observed - it was anticipated that
Site = would have higher levels because of the traffic on 6th Street.
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MICROPHONE LOCATION
SITE NO. a
811 K)RTH 6TH ST.
BISMARCK, N.D.
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APPENDIX B-3
Vehicular Monitoring Data
Site
Location
A
9th Street South and
Bismarck Avenue
B
Highway 8 3 and Divide
C
19th Street and Main
Avenue
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,- Cbier*?r
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- 78 -
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£ bir^-vc^S _ _ .
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-------
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APPENDIX b-4
Grab Sample Data
Site Number Location
I 1200 Missouri Avenue
II 9th Street and Rosser Avenue
III K-Mart Parking Lot
IV 44 3 Interstate Avenue
- P ? -
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GRAB SAMPLE DATA
Site Date Time Temp Wind LQ1 1^ L2 L5 L10 L20 L50 Lg0 L99 Lmin Lmax Leg
UF MPH
I1 7/20/77 14:15- 80 0-5 75 71 68 65 63 61 59 58 57 56 76 61
14 :45
14:45- 87 74 69 64 63 61 59 58 57 57 87 65
15 :15
15:15- 72 68 63 62 61 60 58 57 57 57 73 60
15 :45
16:00- 66 64 63 62 61 60 58 57 57 56 67 59
16:30
16:30- 59 58 57 57 61
1 17:00
CO
W II2 7/29/77 13:40- 87 0-5 73 68 66 64 62 60 56 53 52 50 78 59
1 14:10
14:10- 76 70 68 65 64 63 59 55 53 52 83 62
14 :40
III3 7/29/77 15:00- 87 0-10 74 69 67 63 62 60 58 55 53 52 83 60
15:30
IV4 7/29/77 15:40- 87 0-12 80 73 71 68 65 61 56 51 48 46 83 62
16 :10
The High background is caused by fans used for the air conditioning system in
the Missouri Office Building.
2
A tree shredder was operating in the area and influenced the sound levels.
3
A refrigeration unit on a truck was running in the parking lot.
4
Children were playing on the front step of the house about 35' from the
microphone.
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APPENDIX D
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ARTICLE
I Short Title
This ordinance may be cited as the "Noise
Ordinance of the City of Beulah"
ARTICLE II Declaration of Findings and Policy
WHEREAS excessive noise is a serious hazard to
the public health and welfare and the quality of
life; and WHEREAS the people have a right to and
should be ensured an environment free from noise
that may jeopardize their health or welfare or
degrade the quality of life; and NOW, THEREFORE,
it is the policy of the City of Beulah to pre-
vent noise which may jeopardize the health or
welfare of its citizens or degrade their quality
of life.
ARTICLE III Definitions and Standards
3.1 Terminology and Standards
All terminology used in this Ordinance and
not defined below, shall be in conformance
with applicable publications of the Ameri-
can National Standards Institute (ANSI) or
its successor body.
3.2 Definitions
3.2.1 "A-weighted Sound Level
(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 shall be
designated dB(A) or dBA.
3.2.2 "Ambient Sound Level" means
the sound level of the all
encompassing sound associated
with a given environment, being
usually a composite of sound from
many sources. The A-weighted
sound level exceeded 90 percent
of the time based on a minimum
period of 10 minutes.
3.2.3 "Commercial District" means
Districts C-l and/or C-2 as
defined in Chapter 3 of the
Beulah Zoning Ordinance.
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3.2.4- "Continuous Sound" means any
sound which exists, essentially
without interruption, for a
period of ten minutes or more.
3.2.5 "Decibel" means a logarithmic
and dimensionless unit of measure
often used in describing the
amplitude of sound. Decibel is
denoted as dB.
3.2.6 "Device" means any mechanism
which is intended to produce, or
which actually produces, noise
when operated or handled.
3.2.7 "Impulsive Sound" means a
sound containing excursions,
usually less than one second, of
sound pressure level 20 dB(A) or
more over the ambient sound
level, using the fast meter
characteristic.
3.2.8 "Industrial District" means
District I as defined in the
Beulah Zoning Ordinance.
3.2.9 "Motor Vehicle" shall include
every vehicle propelled by the
use of gas, gasoline, steam or
other motive power, and which is
self-propelled.
3.2.10 "Noise" means any sound which
is unwanted or which causes, or
tends to cause, an adverse
psychological or physiological
effect on human beings.
3.2.11 "Noise Disturbance" means any
sound which annoys, disturbs, or
perturbs reasonable persons with
normal sensitivities; or any
sound which injures or endangers
the comfort, repose, health,
welfare, hearing, peace, or
safety of other persons.
3.2.12 "Person" means any individual
association, partnership, or
corporation, and includes any
officer, employee, department,
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agency, or instrumentality of the
United States, a state or any
political subdivision of that
state.
3.2.13 "Plainly Audible Sound" means
any sound for which the informa-
tion content of that noise is
unambiguously communicated to the
listener such as, but not limited
to, understandable spoken speech,
comprehension of whether a voice
is raised or normal, or compre-
hensible musical rhythms.
3.2.14 "Property Boundary" means an
imaginary line exterior to any
enclosed structure, at the ground
surface, and its vertical ex-
tension, which separates the real
property owner by one person from
that owned by another person.
3.2.15 "Residential District" means
Districts A, R-l, R-2, R-3, R-4 ,
and/or MH as defined in the
Beulah Zoning Ordinance.
3.2.16 "Sound Level Meter" means an
instrument, including a micro-
phone, amplifier, RMS detector
and integrator or time averager,
output meter and weighting net-
works, that is sensitive to
pressure fluctuations. The
output meter reads sound pressure
level when properly calibrated
and the instrument is of Type 2
or better as specified in American
National Standards Institute
Publication S1.M--1971, or its
successor publication.
3.2.17 "Sound Pressure Level" means
2 0 times the logarithm to the
base 10 of the ratio of the Root
Mean Square (RMS) sound pressure
to the reference pressure which
shall be 20 micropascals, denoted
LP or SPL. It is expressed in
decibels 'dB).
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3.2.18 "Stationary Sound Source" means
any device, fixed or movable,
which is located or used on
property other than a public
right-of-way.
ARTICLE IV Noises Prohibited
4.1-' General Prohibitions
It shall be unlawful for any person to
make, continue, or cause to be made or
continued or caused any excessive or
unusually loud noise or to create a noise
disturbance within the limits of the City
of Beulah.
4.2. Specific Prohibitions
The following acts, among others, are
declared to be excessive or unusually loud
noises or to create noise disturbance in
violation of this Ordinance, but said
enumeration shall not be deemed to be
exclusive, namely:
4.2.1 Horns and Signalling Devices.
The sounding of any horn or
signalling devices on any motor
vehicle on any public right-of-
way, except as a danger warning
signal or as provided in the
vehicle code of the State of
North Dakota, or the sounding of
any such device for an unnecessary
and unreasonable period of time,
at any place.
4.2.2 Standing Motor Vehicles
Operating or permitting the
operation of the notor of any
motor vehicle whose manufacturer's
gross weight is in excess of ten
thousand (10,0 00) pounds, or any
attached auxiliary equipment for
a period longer than ten (10)
minutes in any one-hour or between
the hours of 9:00 p.m. and 7:00
a.m. of the following day while
such vehiile is stationary on a
public ri~ :t-of-way in a residential
district or in any designated
quiet zone, or is on private
property in a residential or
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commercial zone and is not within
a completely enclosed structure.
4.2.3 Radios, Television Sets, Musical
Instruments and Similar Devices.
The operating or permitting the
use or operation of any radio
receiving set, musical instrument,
television, phonograph, drum, or
other device for the production
or reproduction of sound, except'
as provided for in Section 4.2.4
below, in a quiet zone or in such
a manner as to cause a noise
disturbance or operating any such
device between the hours of 9:00
p.m. and 7:00 a.m. of the following
day in such a manner as to be
plainly audible across property
boundaries or through partitions
common to two parties within a
building or plainly audible at
fifty (50) feet from such device
when operated within a motor
vehicle parked on a public right-
of-way .
4.2.4 Exterior Loudspeakers
The operating or permitting to be
operated, of any device in a
fixed or movable posirion exterior
to any building or mounted upon
any motor vehicle on any private
property, on any public right-of-
way, or on any public space, such
that the sound therefrom is
plainly audible across the property
boundary of the source or on any
public right-of-way or in any
public space, provided however,
that this Section shall not apply
to any public performance,
gathering, or parade conducted in
accordance with the provisions of
a permit granted by the city for
such purposes as described in
Section 5.3.
4.2.5 Loading Operations
The loadir.g, unloading, opening
or otherwise handling of boxes,
crates, containers, garbage cans,
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or other similar objects between
the hours of 9:00 p.m. and 7:00
a.m. of the following day in such
a manner as to cause noise
disturbance.
4.2.6 Construction Noise
The operating, or causing to be
operated, of any equipment used
in commercial construction,
repair, alteration or demolition
work on buildings, structures,
streets, alleys, or appurtenance
thereto in residential or commercial
land-use categories, with sound
control devices less effective
than those provided on the original
equipment, or between the hours
of 9:00 p.m. and 7:00 a.m. of the
following day on weekdays and
between 9:00 p.m. Saturday night
and 7:00 a.m. Monday morning and
on legal holidays except by
permit as provided for in Section
5.2
4-. 2. 7 Places of Public Entertainment
The operating, or permitting to
be operated, of any loudspeaker
or other source of sound in any
place of public entertainment
that exceeds the levels shown in
Table I at any point that is
normally occupied by a human
being.
Table I
Sound Pressure Level dB(A)
Duration - hours per day Slew Respcr.se
8
90
6
92
4
95
3
97
2
100
1 1/2
102
1
105
1/2
110
1/4- or less
115
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4.2.8
DOMESTIC POWER EQUIPMENT
No person shall operate or
permit to operated on private or
on the public right-of-way
within any residential or commercial
district(s) any power equipment
rated five (5) horsepower or less
and used for home or building
repair or grounds maintenance
between the hours of 9:00 p.m.
and 7:00 a.m. of the following
day or operate or permit to be
operated between the hours of
7:00 a.m. and 9:00 p.m. any such
power equipment which emits a
sound pressure level in excess of
eighty (80) decibels in the "A"
weighting network-dB(A). Such
power equipment shall include,
but not be limited to, lawn-
mowers, garden tools, snow
removal equipment, electric or
chain saws or any other power
equipment used for home or
building repair or ground maintenance.
Sound pressure levels shall be
measured at a distance of twenty-
five (25) feet from the noise
source.
4.2.9 COMMERCIAL POWER EQUIPMENT
No person shall operate on any
property within a residential or
commercial district(s) or on any
public right-of-way within a
residential or commercial dis-
trict (s), any pov-er equipment
rated more than five (5) horsepower,
excluding construction equipment
used for construction activities,
such as, but not limited to,
chain saws, pavement breakers,
log chippers, riding tractors,
powered hand tools, between the
hours cf 9:00 p.m. and 7:00 a.m.
of the following day or withir.
residential, commercial or industrial
noise district between the hours
of 7:00 a..t. ana 9:00 p.m. which
emits a ncise level in excess of
eighty-eight (88) decibels, in
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the "A" weighting network-dB(A).
Sound pressure levels shall be
measured at a distance of twenty-
five (25) feet from the noise source.
4.2.10 Bells and Alarms
Sounding, operating, or permitting
the the sounding or operation for
more than five (5) minutes in
any one hour, or between the
hours of 9:00 p.m. and 7:00 a.m.
of the following day, of any
signal from any bell or chime
from any clock, school, church,
or governmental building except
by permit as provided for in
Section 5.-2.
4.2.11 Quiet Zones
Creating any unnecessary or
unusually loud noise within the
vicinity of any school or other
institution of learning, hospital,
nursing home, courx, or other
designated area where exceptional
quiet is necessary, while The
same are in use, provided conspicuous
signs are displayed in adjacent
or contiguous streets, indicating
that the same is a quieT zone.
ARTICLE V EXCEPTIONS AND PERMITS
5.1 Emergency Exception
Noise caused in the performance of emergency
work for the immediate safety, health, or
welfare of the community o:1 individuals of
the community, or to restore property to a
safe condition following a oublic calamity
shall not be subject to the provisions of
this Ordinance. Nothing in this Section,
however, shall be construed tc permit law
enforcement, ambulance, fire, or other
emergency personnel to make excessive noise
in the performance of their duties wher.
such noise is clearly unnecessary.
5.2. Undue Hardship
Noise, which if prohibited'. wouli cause
undue hardship to the perse- responsible
8 -
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for the noise. Applications for the permit
for relief from the provisions of this Ordi-
nance on the basis of undue hardship may be
made to the City Auditor or his duly
authorized representative. In granting such
relief, consideration shall be made of the
time of day, duration, loudness relative to
the required limits, whether intermittent or
continuous, the extensiveness of the noise,
and the technical feasibility of bringing such
noise into conformance with this Ordinance.
Such permit shall be valid only at the specific
times, dates, and conditions noted in the
permit.
5.3 Public Events
Applications for a permit to hold a public
event which may violate the provisions of
this Ordinance shall be made to the City
Auditor or his duly authorized representative.
In granting such relief, consideration
shall be made of the time of day, duration,
loudness relative to the required limits,
whether intermittent or continuous, the
extensiveness of the noise, and the technical
feasibility of bringing such noise into
conformance with the ordinance. Such
permit shall be valid only at the specific
time, dates, and conditions noted in the
permit.
ARTICLE VI COMMUNITY NOISE LEVELS
6.1 Maximum Permissible Sound Levels
It shall be unlawful for any person to
operate, or permit to be operated, any
stationary source of sour.d in such a
manner as to create a sour.d level which
exceeds the limits set forth for the
receiving land-use (Land-Vse Category) in
Table II below for more than ninety (30)
percent of any measurement period, which
shall not be less than :en (1C) minutes
when measured at the property boundary or
at any point withir. the property affected
by the noise. Wher. a noise source can be
identified and its sound measured in mere
than one land-use category, the limits of
the most restrictive use shall apply at the
boundaries between ;:fferer.t land-use
categories.
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Table II
SOUND PRESSURE LEVEL LIMIT dB(A)
DAY NIGHT
RECEIVING LAND 7:00 a.m. 9:00 p.m.
USE CATEGORY 9:00 D.m. 7:00 a.m.
Residential 55 45
Commercial 6 0 5 5
Industrial 70 65
6.2 Duration Correction
(a) It shall be unlawful for any person
to operate, or permit to be operated,
any stationary source of sound within
any land-use category which creates a
sound level of 15 dB(A) greater than
the levels set forth in Section 6.1
for the ambient sound level for more
than 10% of the measurement period,
which shall not be less than 10 minutes.
For the purpose of this Section, the
ambient sound level shall be measured
when the source is not operating.
(b) Notwithstanding, subsection (a) of
this Section, it shall be unlawful for
any person to operate, or permit ~o be
operated, any stationary source of
sound within any residential land-use
category which creates a sound level
of greater than 7 0 dBA for more than
10% of any measurement period, which
shall not be less than lo minutes.
ARTICLE VII MOTOR VEHICLE SOUND LEVELS
7.1 Maximum Permissible Sound Levels of Motor
Vehicles
It shall be unlawful for any person to
drive or move or for the owner to cause or
knowingly permit to be driven or moved,
within this municipality, any motor vehicle
which emits a sound pressure level in
excess of the d3(A) established in Table
III of this Section. Sound from a motor
vehicle within the public right-of-way-
shall be measured at a distance of at least
twenty-five (25) f-j-.~ from the near side of
the nearest traffic lane being monitored
and at a height of leas- four (4) feet
above the immediate surrounding surface on
a sound level meter of Type 2 or better, as
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specified in the American National Standards
Institute Publication SI.4-1971, or successor
publications, and operated on the "A"
weighting network.
Sound from a motor vehicle which is located
other than within the public right-of-way
shall be measured at a distance of at least
twenty-five (25) feet from said motor
vehicle and at a height of at least four
(4) feet above the immediate surrounding
surface on a sound level meter of Type 2
or better, as specified in the American
National Standards Institute Publication
SI.4-1971, or successor publications, and
operated on the "A" weighting network.
Table III
Maximum Permissible Sound Pressure Levels - dB(A):':
VEHICLE CLASS 25 Ft.' (7.5m)
Any vehicle greater than 10,0 00 lbs.
Manufacturer's Gross Vehicle Weight 90
Any other Motor Vehicle 8 0
-SPEED APPLICATION Section 7.1 shall apply
only to vehicles traveling at speeds of 35
mph or less , or traveling on streets with a
posted speed limit of 35 mph or less.
7.2 Maximum Permissible Sound Levels of Snowmobiles.
It shall be unlawful for any person to
operate, within this municipality, any
snowmobile which emits a scund pressure
level in excess of the d3(A) established in
Table IV of this Section. £?und from a
snowmobile shall be me as "..red at a distance
of at least (50) feet from the snowmobile
being monitored and at a heigh" of at least
four (4) feet above the immediate surrounding
surface on a sound level meter of Type 2 or
better, as specified in the American National
Standards Institute Publication S1.4-Ir71,
or successor publications, and operated cr.
the "A" weighting network.
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Table IV
Maximum Permissible Sound Pressure Levels - d3(A)
Snowmobile 50 Ft. (15.2m)
Any snowmobile manufactured
after January 1, 1974 7 8
Any snowmobile manufactured
before January 1, 1974- 82
7.3 Mufflers - Prevention of Noise
It shall be unlawful for any person to
operate, or for the owner to cause or
knowingly permit the operation of any
vehicle or combination of vehicles, within
this municipality, which is not equipped
with an adequate muffler and in constant
operation and properly maintained to
prevent any unnecessary noise, and no such
muffler or exhaust system shall be modified
or used with a cutoff, bypass or similar
device. Mo person shall modify the exhaust
system of a motor vehicle in a manner which
will amplify or increase the noise emitted
by the motor of such vehicle above that
which is specified in Table III above.
ARTICLE VIII ADDITIONAL PROVISIONS
8.1 Penalties
Whenever in any section of this Ordinance
or rule or regulation promulgated hereunder,
the doing of any act is required, prohibited,
or declared to be unlawful and no definite
fine or penalty is provided for a violation
thereof, any person, fir-, or corporarion
who shall be convicted of a violation of
any such section, shall, for each offense,
be fined a sum of not r.cr-: rhan one hundred
dollars ($10 0.00), or imprisonment nor to
exceed ninety (90) days, or by both such
fine and imprisonment in the discretion of
the court; the court to have power xc
suspend said ser.r^nce and to revoke the
suspension thereof.
8.2 Additional remedy, injunction
As an additional r^-.edy, -he operation or
maintenance of any :.oise source in violation
of any provision hereof ir.i which causes
discomfort or annoyance to reasonable
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persons of normal sensitiveness or which
endangers the comfort, repose, health, or
peace of residents in the area shall be
deemed and is declared to be a public
nuisance and may be subject to abatement
summarily by restraining order or injunction
issued by a court of competent jurisdiction.
It shall be presumed subject to rebuttal
that the person seeking relief from noise
disturbance is a reasonable person of normal
sensitivities; and the burden of proof to
show otherwise shall be upon the person or
entity against whom relief is sought.
8.3 Confiscation for Evidence
In any case in which a summons and complaint is
issued for violation of this Ordinance, the
noise producing device involved may be seized
and held for use as evidence at trial. After
final disposition of the charges, the judge
shall order the noise producing device
returned to the rightful owner, unless it is
established at trial or in a hearing, that
said device will create a continuing nuisance
or otherwise constitute a clear ana present
danger to the community. In such a case, the
judge may order the device disposed of by
destruction or sale.
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APPENDIX E
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ORDINANCE NO. 717
AN ORDINANCE ESTABLISHING CERTAIN MAXIMUM NOISE
LEVELS WITHIN THE CITY AND PROHIBITING SUCH EX-
CESSIVE NOISES AS DEFINED THEREIN, AS FOLLOWS:
QC IT ORI'AINED BY THi: BOARD OF CITY COMMISS TONERS OF THE CITY OF
DICKINSON, NORTH DAKOTA:
Section 1. ENACTMENT. Article III of Chapter 21, including
Sections 21-15 through 21-25 of the Code of the City of Dickinson,
North t'akota, is hereby enacted and shall read as follows:
ARTICLE III. NOISES
Sec. 21-15. Legislative Findings.
a. The making,- creation or maintenance of such
loud, unnecessary, unnatural or unusual noises which
are prolonged, unusual and unnatural in their time,
place and use, affect and are a detriment to public
health, comfort, convenience, safety, welfare and
prosperity of the residents of the city.
b. The necessity, in thu public interest, for the
provisions and prohibitions contained in this article,
is declared as a matter of legislative determination
and public policy, and it is further declared that the
provisions and prohibitions of this article are1 in
pursuance of and for the purpose of securing and pro-
noting the public health, comfort, convenience, safety,
welfare and prosperity and the peace and quiet of the
city and its inhabitants.
Sec. 21-16. Unnecessary Noise Generally.
It shall be unlawful for any person to make any
loud, unnecessary or unusual noise or any noise which
either annoys, disturbs, injures or endancersthe com-
fort, repose, health, peace or safety of others within
the limits of the city.
Sec. 21-17. Noises Prohibited—Decibel Provisions.
a. Definitions. For the purposes zz t.-.ia section
of this article, certain words and phrases used herein
are defined aa follows:
(1) "Ambient noise" is the all-e.-.compassing
noise associated with a given environ-
ment, being usually composite of sounds
from many sources, near ana far.
(2) "'A' band luvel" is the total sound level
of all noise as measured with a sound
level meter using the weighing net-
work. The unit of measurement is the
dB(A).
(3) "Bel" is the common logarithmic value of
any bound mtcnuity as related to the stan-
dard tlircu/iuld of audibilii -/ (minimum dctect-
ible sound or 10-12 watts per square meter).
MAURICE f> HUNKE
ATTOKNL*
DlCCfN&.JN N OA*
-1-
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(4) "Decibel" is one-tenth U/10) of a bel
as measured on the "A" scale of a stand-
ard sound meter using procedures recom-
mend ;d by the American Standard Associa-
tion .
(5) "Cycle"is the complete sequence of value
c>f a periodic quantity that occur during
n period.
(6) "Freouency" of a function periodic in time
is the reciproc.il of the primitive period.
The unit ia the cycle per unit time and
must b" specified.
(7) "Sound-level meter" is an instrument includ-
ing a microphone, an amplifier, an output
meter, and frequency weighing networks for
the measurement of noise ; nd sound levels
in a specified manner.
(8) "Person" iji a person, person's firm, associa-
tion, co-partnership, joint venture, corpora-
tion or any entity public or private in nature.
(9) "Emergency work" is work made necessary to
restore property to a safe condition follow-
ing a public calamity or work required to
protect persons or property from an imminent
exposure to danger.
(10) "Emergency vehicles" are those vehicles such
as ambulance, fire, police and other city
vehicles operating in time of emergency.
b. General Provision; Tests for Unlawful Noise. The
standards which shall be considered in determining whether a
violation of Section 21-16 exists shall include, but shall
not be limited to, the following:
(1) The volume of the noise.
(2) The intensity of the noise.
(3} Whether the nature of the noise is usual
or unusual.
(4) Whether the origin of the noise is natural
or unnatural.
(5) The volume and intensity of the background
noise, if any.
(6) The proximity of the noise to residential
sleeping facilities.
(7) The nature and zoning of the area within
which the noise emanates.
(8) The density of inhabitation of the area
within which the noise emanates.
(9) The time of the day or night the noise occurs.
(10) The duration of the noise.
(11) Whether the noise is recurrent, intermittent
or constant.
MAURICE R HUNKE
ATTOHNI *
Di> >imun n i'AK r noOl
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(12) Whether the noise is produced by a commer-
cial or non-commercial activity.
c. Classification of Use District; Residential, Planned
Development, Mobile Home District, Commercial, Industrial.
It shall be unLawful to project a sound or noise excluding
noise omanatinq from a motor vehicle from one property into
another, or within tho boundary of a use district which ex-
ceeds the limiting noiuo criteria sot forth in Table I below.
(1) Sound or noise projecting from one use district,
into another use district with a different
noise level limit, shall not exceed the limits
of the district into which the noise is pro-
jected.
(2) The permissible levels in decibels set forth
in Table I shall be modified so that any noise
occurring on property deemed to be nonconform-
ing use property shall be determined upon the
conforming zoning designation of the property.
TABLE I. LIMITING NOISE LEVELS FOR ZONING DISTRICTS
Zoning District
Commercial Industrial
(CI, C2, C3, (C-M, M-l',
C4) M-2, M-3)
65 80
60 75
11:00 p.m. until
7:00 a.m. of the
following day
Residential
(Rl, R2, R3,
R4, PUD)
Maximum number of
decibels per-
mitted from 55
7:00 a.m. .until
11:00 p.m. daily
Maximum number of
decibels per-
mitted from 50
d. Motorized Vehicles. It shall be unlawful to operate
a motorized vehicle within the city limits which creates a
noise or sound which exceeds the noise level lirr.i-s set out
in Table II, as follows:
TABLE II. LIMITING NOISE LEVELS FOR MOTOR VEHICLES
(a) Trucks, buses, construction equipr-e".-, or
any motor vehicle with a gross weight sating
of ten thousand (10,000) pounds or more:
Maximum allowable limit: 88 dB rc-asured
at 25 feet.
(b) Passenger cars, pickups, vans, rjtorcycles,
snowmobiles, or any motor vehiclo with a
gross weight rating less than ten thousand
(10,000) pounds:
.Maximum allowable limit: 80 'i3 measured
at 25 feet.
e. Noises; Aircraft. It shall be unlawful for any
person to operate or cau:;o to be operated any type of air-
craft over the city which produces noiao levels exceeding
eighty-eight (88) dLl(A) within the city.
MAUIIICC N HUNKC
A1 TOHUI *
OH MNSON N l)M( 9'if.OI
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f Exenotions. The following uses and activities
shall be exempt from noise level regulations:
(1) Noises of safety signals, warning devices,
and emergency relief valves.
(2) Nor.os resulting from any authorized emer-
gonry vehicles, when responding to an emer-
gency ':all or acting in time of an emergency.
(3) Noises resulting from emergency work as de-
fined in Section 21 — 17 (a)(9) .
(4) Any construction or maintenance activities.
(5) Any other noise resulting from activities
of a temporary duration permitted by law
and for which a license or permit therefor
Jm:i hc<;n gr.inlcd by the city in accordance
with Section 21-17(g).
(6) Any aircraft operated in conformity with,
or pursuant to, federal law, federal air
regulations, and air traffic control in-
struction usi'd pursuant to and within the
duly adopted federal air regulations shall
be exempt from the provisions of Section
21-17 (o) as well as other regulations of
thin noctlon. Any aircraft operating under
tichnlcal difficulties, in any kind of dis-
tress, under emergency orders of air traffic
control or being operated pursuant to and
subsequent to the declaration of an emergency
under federal air regulations shall also be
exempt from the provisions of Section 21-17(e)
as well as the other regulations of this sec-
tion .
g. Application for Special Permit. Applications for a
permit'for relief from the noise level designated in this sec-
tion on the basis of undue hardship may be made to the city
engineer or his duly authorized representative. Any permit
granted by the city engineer hereunder shall contain all con-
ditions upon which said permit has been granted and shall
specify a reasonable time that the permit shall be effective.
The city engineer, or his duly authorized representative, may
grant the relief a3 applied for if he finds:
(1) That additional time is necessary for the
applicant to alter or modify his activity
or operation to comply with this section;
or
(2) The activity, operation or noise source will
be of temporary duration, and cannot be done
in manner that would comply with other sub-
sections of this section; and
(3) That no other reasonable alternative is
available to the applicant; and
(4) Tlu! city engineer may prescribe any condi-
tions or requirements he deems necessary to
minimize adverse effects upon the community
or the surrounding neighborhood.
Sec. 21-10. r..-mr>—M,inner of Hnforn-mfnt.
¦ — o£
The Dmltv for violation of/the provisions of Sections
penalty ^ accordance with Section 9-12 of the
h.ill t>o
21-16 or 21-17
MA""ICC^HUNKEDicklns°n Clty code.
L»H_«k"Nf.UN N UAB. 900OI
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See. 21-19. S.ime — Additioml Remedy. Injunction.
As an additional remedy, the operation or maintenance
of any device, in.'it ruraent, vehirlp, or machinery in viola-
tion of any provision hereof and which cause discomfort
or annoyance to reasonable persons of normal sensitiveness
or which endangers the comfort, repose, health, or peace
of residents in the area shall be deemed, and is declared
to be, a public nuisance and may be subject to abatement
summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
Sees. 21-20 ~ 21-25. Reserved.
Section 2. REPEAT, OF COrJl'LICTIN'C ORDINANCES. All prior Ordinances
or parts of prior Ordinances in conflict herewith are hereby repealed.
Section 3. EFFECTIVE DATE. This Ordinance shall be in full fores
and effect from and after the date of its final passage and publication.
Henry Schank, President
Board of City Commissioners
ATTEST:
James K. Gerou, City Auditor
First Reading: September 6, 1977
Second Reading: OCT 3 19-/7
Final Passage:
-i
Date of Publication: QQ(j g \2'fJ
MAURICE R. HUNKE
A t lOllNI V
C>IV. ~ IN in )N N t'Ah M'OO!
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APPENDIX F
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COMMUNITY NOISE CONTROL WORKSHOP
NOVEMBER 8-9, 1977
DICKINSON, NORTH DAKOTA
FIRST SESSION
Tuesday, November" 8, 1877
9:00-9:10 Introduction "George"
9:10-9:30 What is a Noise Control Program
9:30-10:15 Noise vs. Sound
10:15-10:30 Break
10:30-10:45 "The Quiet Racket"
10:45-12:00 Noise - Your Ear and You
12:00-1:00 Lunch
1:00-2:00 Use of Equipment
2:00-3:00 Noise Laws - Federal, State, & Local
Wednesday, November 9, 1977
9:00-9:30 Vehicular Monitoring Procedures
9:30-10:15 Compliance Test Procedures
10:15-10:30 Break
10:30-12:00 Field Enforcement Procedures
12:00-1:00 Lunch
1:00-1:30 Court Questions - Vehicular Enforcement
1:30-3:00 Use Zone Levels, Complaints, & Measurements
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APPENDIX G
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COMMUNITY NOISE CONTROL WORKSHOP
DATE: FEBRUARY 8 AND 9, 1977 LOCATION: MISSOURI OFFICE BUILDING
TIME: 10:00 a.m. CST 1200 MISSOURI AVENUE
COURSE OBJECTIVES
1. Provide information on policies and procedures used in community noise
control ordinance development and program implementation.
2. Provide training in the use of sound level monitoring equipment.
COURSE OUTLINE
TUESDAY, FEBRUARY 8, 1977
10:00 - 10:15 Introduction
10:15 - 10:45 Slide Presentation: What is a Noise Control Program
10:45 - 11:45 Basics of Sound
11:45 - 12:00 Movie: "Quiet"
12:00 - 1:00 Lunch
1:00 - 2:00 Noise Effects (Health and Welfare Effects)
2:00 - 3:30 Use of Equipment
3:30 - 3:45 Break
3:45 - 4:45 A Community Noise Ordinance
4:45 - 5:45 A Noise Control Program - Minot, North Dakota
WEDNESDAY, FEBRUARY 9, 1977
8:00 - 9:00 Complaint Response
9:00 - 9:30 Vehicular Monitoring
9:30 - 9:45 Break
9:45 - 11:00 Stationary Noise Measurement Methods
11:00 - 12:00 Test Procedures - Use of Equipment
12:00 - 1:00 Lunch
1:00 - 3:00 Outside for On-Site Measurements
3:00 - 3:15 Break - Expense Vouchers
3:15 - 4:00 Review and Test
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