Fort Walton Beach Council agenda — 01-25-11 special — reading text

if they create a noise or noise disturbance: a) radios, television sets, musical instruments; b) loudspeakers; c) animals; d) loading operations; e) construction; f)horns and signaling devices. 1. 9. 4. Maximum permissible sound pressure levels Using the unit of measure defined in the " definitions" section, this section sets forth noise level restrictions for designated time periods in specific land use categories. Exhibit B contains two examples of tables showing noise restrictions in dBA. 1. 9. 4. Exceptions  The noise prohibitions in a noise control ordinance would generally not apply to the following: a) vehicles or personnel of the municipality engaged in necessary public business; b) emergency repair activity directed at vital services; c) any emergency or alarm devices; and d) public events, such as parades. 9. 5. 6. Enforcement Penalties for violations of noise ordinances generally include fines which are of increasing severity for willful and knowing violations. Also, each day of a violation is usually considered a separate offense. Noise ordinances most often expressly do not preclude or impair any common law or statutory cause of action for injury or damage arising from a violation of the ordinance. The provisions of a noise control ordinance, of course, must be tailored to meet the enforcement needs of the municipality. As the final step in drafting a noise ordinance, existing ordinances should be examined as to determine if there are any currently enacted ordinances in the community that are in conflict with the proposed noise control ordinance and which for purposes of clarity and enforcement should be amended cc or repealed if the new noise ordinance is passed. 0 o Z 1. Sidney A. Shapiro, Lessons from a Public Policy Failure: EPA and Noise Abatement, 19 Ecology L. Q. ai 1, 5 ( 1992). T r 2. See generally Shapiro, supra 3. Frank P. Grad, Treatise. 4. General Accounting Office, Transportation Noise: Federal Control and Abatement Responsibilities May Need to be Revised. p. 18 ( 1989). 5. Shapiro, supra, pg. 29. 6. See, e. g. Crocker, Malcolm, Edit., Noise Control, 1957. 7. Townships of the first class are those having a population of at least 300 inhabitants to the square mile or which may be created townships of the first class under laws relating to townships of the first class. All townships that are not townships of the first class or home rule townships are townships of the second class. 53 Pa. C. S. Section 65201. 8. Enabling legislation for cites and municipalities other than townships of the second class is set forth at 53 Pa. C. S. Sections 101 et. seq. 9. Thomas Matthews, Byron Matthews, Municipal Ordinances, Section 1 A.01 ( 2nd Ed. 1991). 10. Matthews, supra, at Section 23. 15. 11. See 42 U. S. C. Sections 4916( c)( 2) and 4917( c)( 2). 12. See 42 U. S. C. Section 4905( e)( 1)( A) and 4916( c)( 1). 13. Matthews, supra, at Section 1A.09. 14. Matthews, supra, at Section 23. 01. 15. U.S. District Court for the Eastern District of Pennsylvania. 16. 253 F. Supp. at 710. 17. Id. at 714. 18. "... this statute offers no semblance of a light for the courts to follow in adjudicating such problems and in attempting to provide a pattern for the life of citizens thereunder. 19. Hines v. Winfree, 182 A.2d 698 ( 1962). 20. Gambone, su ra, at 631- 638 21. Borough of Ebensburg Ord. No. 442, enacted September 25, 1995. Declared null and void by Court of Common Pleas Cambria County order dated October 1, 1996. 22. Borough of Huntingdon Ord. No. 200 proscribes inter alia, the use of auto horns, playing a radio, phonograph, musical instrument and " yelling, shouting, hooting, whistling or singing" under certain circumstances. 23. Daniels, John and Jones, Barbara, Noise Abatement at the Municipal Level, 7 U.S. F. L. Rev. 478 ( April, 1973). 24. Linda A. Malone, Environmental Regulation of Land Use, Section 11. 06[ 2], pg. 11 -43. 25. Stevens, Rosenblith and Bolt, A Community' s Reaction to Noise: Can it be forecast? ( 1955) 26. A decibel is a logarithmic (dimension -less) unit of measure often used in describing the amplitude of sound. Decibel is noted as " dB ". The A- weighted sound pressure level is the sound pressure level as measured in decibels on a sound level meter using the A-weighted network. The level as read is designated " dBA ". 27. Fundamentals of Noise Control Engineering, pg. 55. 28. Land Use Compatibility: American National Standards Institute. 29. World Health Organization: Community Noise. Environmental Health Criteria Document. a External Review Draft. 1993. 30. Dieter Gottlob, Regulations for Community Noise, ( December, 1995) 224 -225 Noise/ News L International. 0 31. U.S. Environmental Protection Agency, Information on levels of environmental noise o requisite to protect health and welfare with an adequate margin of safety EPA 550/ 9 -74 -005, Z Wash. D.C. March 1974. o r 32. Gottlob, supra, at pg. 225. 33. J. Daniels, Noise Abatement at the Municipality Level, pg. 481. 34. Sound Control and Thermal Insulation of Buildings, pgs. 15, 19, 24. 35. J. Daniels, Noise Abatement at pg. 484 -85. 36. W. Gatley, Control of Urban Noise by Regulation, 15 Current Municipal Problems 171, pg. 174. 37. J. Daniels, Noise Abatement at Municipal Level at 503. 2. EPA Guidelines According the Environmental Protection Agency - EPA - the Day -Night Sound Levels - Ld„ - and the Equivalent Sound Level - Leg - should not exceed certain limits to protect public health and welfare. Values that should not be exceeded can are indicated in the table below: EFFECT LEVEL AREA Hearing L ( 24) < 70 dBA All areas Outdoor activity Outdoors in residential areas and farms interference and Ldn < 55 dBA where people spend varying amounts of annoyance time in which quiet is a basis for use Outdoor activity Outdoor areas where people spend interference and L g ( 24) < 55 dBA limited time such as school yards annoyance playgrounds, etc.  4.1. a Indoor activity interference and L& < 45 dBA Indoor residential areas annoyance Indoor activity Indoor areas with human activities such interference and L jg ( 24) < 45 dBA as schools, etc. annoyance Outdoor yearly Ldz levels protect public health and welfare if they do not exceed SS dB in ensitive areas as residences, schools, hospitals, etc. a v Inside buildings yearly Ldn levels protect public health and welfare if they do not exceed 45 dB. To protect against hearing damage, one's 24 -hour noise exposure at the ear should not exceed 70 dB. L 0 3. Average Decibel Levels for Everyday Sounds o z Painful: 150 dB = fireworks at 3 feet; 140 dB = firearms, jet engine; 130 dB = jackhammer; 120 dB = jet a T plane takeoff, siren. Extremely Loud: 110 dB = maximum output of some MP3 players, model airplane, chain saw; 106 dB = gas lawn mower, snow -blower; 100 dB = hand drill, pneumatic drill; 90 dB = subway, passing motorcycle. Very Loud: 80 - 90 dB = blow -dryer, kitchen blender, food processor; 70 dB = busy traffic, vacuum cleaner, alarm clock. Moderate: 60 dB = typical conversation, dishwasher, clothes dryer; 50 dB = moderate rainfall; 40 dB = quiet room. Faint: 30 dB = whisper, quiet library. 4. Okaloosa County and Local Cities Noise Ordinances Staff researched the noise ordinances of the surrounding communities to ascertain which communities had a quantifiable noise ordinance in place. The below information reveals that only Okaloosa County and Destin have quantifiable noise ordinances in place. 4. 1 Destin Occupancy Time Sound Level Category Limit dBA Residential 6 a. m. - 10 p.m. 60 Non- holiday 10 p. m. - 6 a. m. 55 weekends) Residential 6 a.m. - 12 a. m. 60 Holiday 12 a. m. - 6 a.m. 55 weekends)  4.1. a Luxury Motor 6 a.m. - 10 p.m. 75 Home Resort 10 p.m. - 6 a. m. 55 Commercial or 6 a. m. - 10 p.m. 70 Tourist 10 p. m. - 6 a. m. 65 Weekdays) Commercial or 6 a.m. - 12 a.m. 70 Tourist 12 a. m. - 2 a.m. 70 Weekends) 2 a.m. - 6 a. m. 65 Manufacturing At all times —no sound that is generated by a source facility