Expedited Bill No.
.: :.6-.. .:.1.: :.0_ _ _ _ __
Concerning: Noise Control- Arts and
Entertainment Activities
Draft No. _7_
Revised:
5-18-11
Introduced: March
2.2010
Enacted:
May
18. 2011
Executive: _ _ _ _ _ _ _ _ __
Effective:
_--:-~
_ _ _ _ _ __
Sunset Date: -.:..:.No=n=e'--_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember EIrich and Council President Floreen
AN EXPEDITED ACT
to:
(1)
set different noise level standards for certain arts and entertainment activities;
(2)
exempt certain noise levels created by certain arts and entertainment activities from
being treated as a noise disturbance; and
(3)
[[require certain notices to be given to certain potential homebuyers near certain arts
and entertainment activities; and]]
([(4)]] generally amend the County noise control law.
By amending
Montgomery County Code
Chapter 31 B, Noise Control
Sections 31 B-2 and 31 B-5
By adding
Chapter 31 B, Noise Control
Section 31B-6A [[and 31B-6B]]
([Chapter 40, Real Property
Section 40-12D]]
Boldface
Underlining
[Single boldface brackets]
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* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL
No.
6-10
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EXPEDITED BILL
No.
6-10
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[[Permissible Performance Location
means a defined area in an urban .
district which is:
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(2J
[(q)]
used for an outdoor
arts and entertainment activity:
and
nominated and designated as provided in Section
31
B-6B.]]
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[[Performing]] Qualifying performing arts facility
means the outdoor area
of
~
building, outdoor seasonal, temporary, or permanent stage, or other clearly
~
defined outdoor area or space, which is [[located at
live theatrical, musical, or dance
performances]]~
venue that primarily presents
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ill
(2J
used for an outdoor
arts and entertainment activity;
and
owned or operated by the County: and
so designated by the County Executive in an Executive Order published
in!he County Register. The Executive may revoke a designation at any
time by publishing an Executiye Order revoking the designation
in
the .
County Register.
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Q)
[(r)]
res)]
[(t)]
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(a)
Maximum allowable noise levels.
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(1)
Except as otherwise provided
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Section 31B-6(a).:t 31B-6A,
[[31B-6B,]] and 31B-8, a person must not cause or permit noise
levels that exceed the following levels:
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*
31B-6A.
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Seasonal noise level standard for qualifying outdoor arts and
entertainment activities.
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t::V"'."'..... '·T"'.....
BILL
No.
6-10
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!ill
[[If [[more than
~
performances of]]
an outdoor
arts and
~
entertainment activity
will be conducted at
qualifying performing
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arts facility,
the [[owner or manager]] operator of the
facility
may file
~
noise mitigation plan,
prepared
Qy
an acoustical engineer or consultant,
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with the Department. The
plan
must include:
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performance requirements;
the
and
information about the impact of the proposed
arts and
entertainment activity
and the planned noise mitigation
~
of noise mitigation measures that the facility will use;
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measures on the performers, the audience, and the occupants of
[[nearby]] properties within 1000 feet of the perimeter of the
facility.
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The Department must make each
plan
filed with it available to the
public and send
~ ~
to the Noise Control Advisory Board.]]
[[(Q} If the [[owner or manager]]
facility
submits
~
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of
~
qualifying performing arts
completed
noise-mitigation plan
to the Department
outdoor
arts and entertainment
outdoor
and conducts
[lID
least
5]]
activities
each year in accordance with that
plan,
each]]
arts and entertainment activity
held at [[the]] a
qualifying
performing arts facility
must not exceed the following noise decibel
limits:
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from
11
a.m. to
11
p.m. during April
1
through October 31, 75
dBA, as measured on the receiving property; and
at all other times, the maximum allowable noise level set in
Section 3IB-5.
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ExPEDITED BILL
No. 6-10
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[[(£l]]
au
A [[person]] qualifying performing arts facility which has [[filed a
noise mitigation plan and otherwise]] complied with this Section must
not cause or permit noise levels from an outdoor arts and
entertainment activity [[which is subject to this Section]] to exceed the
standards in subsection
[[{Q)]]
~
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[[@]]
Any outdoor arts and entertainment activity [[subject to]]
conducted at a qualifying performing arts facility which has [[filed a
noise mitigation plan and otherwise]] complied with this Section
[[which meets the standards in subsection
{Q)]]
must not be cited as
causing
£!
noise disturbance.
[[(sU]] (d)
[lEor
£!
qualifying performing arts facility to remain in compliance
with this Section, its [[owner or manager]] operator must update its
noise mitigation plan as necessary to reflect significant changes in
programming and noise control technology, and must file an updated.
~
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plan with the Department not later than March
U
each year.]]
Department must annually advise the Executive and Council. and the
operator of each qualifying performing arts facility, whether the noise
levels specified in this Section remain appropriate for that facility and
the extent of compliance with those levels.
[[31B-6B.
Noise review procedure for outdoor arts and entertainment
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activities in urban districts.]]
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[[W
A defined area located in an urban district maygualify as a permissible
performance location if the area is:
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nominated for that pumose by the applicable urban district
advisory committee or urban district corooratioll board of
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directors after the committee or board has:
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EXPEDITED BILL
No.
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[~
CA)
given at least 30 days' public notice on the website of the
applicable County regional services center that it is
considering a nomination of a specific area; and
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reviewed and approved the nomination at a regularly
scheduled monthly meeting; and
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after it is so nominated. designated by the County Executive as a
permissible performance location
in an Executive Order
published in the County Register. The Executive may revoke a
designation at any time by publishing an Executive Order
revoking the designation in the County Register.]]
[[(hl
If an outdoor
arts and entertainment activity
will be conducted in an
urban district. the owner or operator of the designated
permissible
performance location
where the
activity
will be conducted must first
file a noise information report with the applicable urban district
advisory committee or corporation board of directors.
information report must:
Each noise
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describe each
arts and entertainment activity
to be conducted
at that
location;
list each performance date and time;
specify who will sponsor each
activity;
describe the target audience for each performance; and
identify the
permissible performance location
for each
activity.]]
The urban district committee or board must reVIew each nOIse
information report at a regularly scheduled monthly meeting and advise
the owner or operator whether each proposed outdoor performance is
consistent with the goals and objectives. vision. and mission strategy of
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ExPEDITED BILL
No. 6-10
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the district. The committee or board must first give at least 30 days'
public notice on the website of the applicable County
region~lservige~
center that it will review a noise information report at a specific
meeting. This review may occur in conjunction with the nomination of
a
permissible performance location
under subsection (a).]]
[[(ill
If the owner or operator of each
permissible performance location
submits . a noise information report am:i receives the advice of the
m
applicable urban district advisory committee or corporation board, each
outdoor
arts and entertainment activity
conducted at the
location
as
specified in the report must be treated as complying with the noise
limits in Section 31B-5 and m1Jst not be cited as causing a noise
disturbance.]]
[[W
To remain in compliance with this Section, the owner or operator of
each
permissible performance location
must update its noise··
information report as necessary to reflect any significant changes in the
type of planned
arts and entertainment activities
and any additional
arts and entertainment activity
not previously described in the report.
An
updated noise information report may be filed at any
tim~,
but an
updated report must
be
filedJl0t later than March 15 of each year before
any outdoor
arts and entertainment activity
may be conducted at that
permissible performance location
during that year.]]
[[ill In its annual report filed under Section 68A-12(d)' each urban district
must list each
permissible performance location
that the district
nominated during that year and each noise information report that it
reviewed. The report also must list the types and number of lloise
complaints about
outdoor arts and entertainment activities
in the
district that the district received during that year and discuss the
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EXPEDITED BILL
No. 6-10
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district's response. if any. to those complaints.
The district must
forward a copy of each written noise complaint that it receives to the
Department.]]
[[Sec. 2. Section 40-12D is added as follows:]]
[[40-12D.
Disclosure of noise from certain arts and entertainment activities.
If any residential real property is located within 300 yards of
f!
ill
performing arts facility
where
~
or more outdoor
arts and
entertainment activities
which are subject to special noise level
standards under Section 31 B-6A have been conducted during the
previous 12 months or are scheduled to be conducted in the next
.u
months, any seller of that property must disclose to each prospective
buyer, before the buyer
~
f!
contract to buy the property, that certain
seasonal outdoor
arts and entertainment activities
conducted at that
facility
are subject to special noise level standards which may exceed
otherwise applicable noise limits.
®
A prospective buyer must indicate,
Qy
signing an addendum to the
contract or
f!
separate section of the contract printed in boldface
~
in
f!
clearly demarcated box, that:
ill
ill
the seller has provided the information required
Qy
subsection
(f!1
and
the buyer understands that:
(A)
nearby property may be
f!
source of periodic noise from
seasonal outdoor
arts and entertainment activities;
and
ill.)
the buyer may obtain more information about noise limits
on these activities from the County Department of
Environmental Protection.]]
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EXPEDITED BILL NO.
6-10
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Sec. 2. Expedited Effective Date.
The Council declares that this Act is
necessary for the immediate protection of the public interest. This Act takes effect on
the date when
it
becomes law.
Approved:
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191
Valerie
Ervin,
PresIdent, County Council
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Date
Approved:
Isiah Leggett, County Executive
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Date
This is a correct copy o/Council action.
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Linda M. Lauer, Clerk of the Council
Date
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