Agenda Item 3
March 2, 2010
Introduction
MEMORANDUM
TO:
FROM:
County Council
~~
Michael Faden, Senior Legislative Attorney
Introduction:
Bill 6-10, Noise Control
Arts and Entertainment Activities
SUBJECT:
Bill 6-10, Noise Control - Arts and Entertainment Activities, sponsored by
Councilmember Eirich and Council President Floreen, is scheduled to be introduced on March 2,
2010. A public hearing is tentatively scheduled for March 23 at 7:30 p.m.
Bill 6-10 would set different noise level standards for certain arts and entertainment
activities.
It
would also exempt certain noise levels created by certain arts and entertainment
activities from being treated as a noise disturbance.
In
addition, a potential homebuyer would be
given a notice about certain arts and entertainment activities near those areas.
This Bill would allow a performing arts facility (such as, but not limited to, Strathmore
Hall) which conducts at least
5
outdoor arts and entertainment activities (such as concerts or
films) each year to file a noise mitigation plan with the Department of Environmental Protection
(DEP). DEP would review but would not approve the plan. The facility would then be subject
to a higher maximum noise level from April through October -
75
dBA versus the normal
65
(daytime) or
55
(nighttime) levels that apply to residential areas. If an arts facility conducts
fewer than
5
outdoor events,
it
could apply for an event-by-event waiver under the current law
and would not have to file a plan.
This packet contains:
Bill 6-10
Legislative Request Report
Circle
#
1
6
F:\LAW\BILLS\1 006 Noise - Performing Arts Facility\Intro Memo,Doc
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Bill No.
6-10
Concerning: Noise Control - Arts and
Entertainment Activities
Revised: 2-25-10
Draft No. _1_
Introduced: March 2, 2010
Expires:
September 2. 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
-!...:N~on~e"___~---_
Ch, _ _, Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember EIrich and Council President Floreen
AN
ACT to:
(1)
(2)
(3)
(4)
set different noise level standards for certain arts and entertainment activities;
exempt certain noise levels created by certain arts and entertainment activities from
being treated as a noise disturbance;
require certain notices to be given to certain potential home buyers near certain arts
and entertainment activities; and
generally amend the County noise control law.
By amending
Montgomery County Code
Chapter 3IB, Noise Control
Sections 3IB-2 and 3IB-5
By adding
Chapter 3IB, Noise Control
Section
31B-6A
Chapter 40, Real Property
Section 40-I2D
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
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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BILL No.
6-10
1
Sec.
1.
Sections 31B-2 and 31B-5 are amended, and Section 31B-6A is
added, as follows:
31B-2.
Definitions.
2
3
work, such as
~ ~
film, music, or dance.
[(a)]
[(b)]
[(c)]
[(d)]
[(e)]
[(t)]
[(g)]
[(i)]
[G)]
[(k)]
[(1)]
[em)]
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23
24
25
[en)]
[(0)]
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Performing arts facility
means
building, outdoor seasonal, temporary, or
~
26
pennanent stage, or other clearly defined area or space, which is located at
that primarily presents live theatrical, musical, or dance perfonnances.
venue
27
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BILL
No. 6-10
28
[(P)]
29
30
[(q)]
[(r)]
[(s)]
31
32
33
34
let)]
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31B-5.
(a)
Noise level and noise disturbance violations.
Maximum allowable noise levels.
(1) Except as otherwise provided in Section 31 B-6(a).1 31 B-6A, and
31B-8, a person must not cause or permit noise levels that exceed
the following levels:
35
36
37
38
*
31B-6A.
activities.
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*
*
39
40
Seasonal noise level standard for qualifying arts and entertainment
If more than
l
performances of an outdoor
arts and entertainment
41
42
43
44
activity
will be conducted at
§:
performing arts facility,
the owner or
§:
manager of the
facility
may file
noise mitigation plan,
prepared
Qy
an acoustical engineer or consultant, with the Department. The
plan
must include:
45
46
47
48
49
ill
ill
performance requirements;
the
and
~
of noise mitigation measures that the facility will use;
ill
information about the impact of the proposed
arts and
entertainment activity
and the planned noise mitigation
measures on the performers, the audience, and the occupants of
nearby properties.
The Department must make each
plan
filed with
50
51
52
53
54
ti
available to the
public and send
§:
£QPY
to the Noise Control Advisory Board.
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BILL
No. 6-10
55
56
57
(hl
If the owner or manager of
f!
performing arts facility
submits
f!
completed
noise-mitigation plan
to the Department and conducts at
least
~
outdoor
arts and entertainment activities
each year in
58
59
60
61
accordance with that
plan,
each outdoor
arts and entertainment
activity
held at the
facility
must not exceed the following noise decibel
limits:
ill
ill
(£}
from
11
a.m.
to
11
p.m.
during April
1
through October 31,
75
62
63
dBA, as measured on the receiving property; and
at all other times, the maximum allowable noise level set in
Section 31B-5.
A person must not cause or permit noise levels from an outdoor
arts
64
65
66
67
68
and entertainment activity
which is subject to this Section to exceed
the standards in subsection
(Q1
@
Any outdoor
arts and entertainment activity
subject to this Section
which meets the standards in subsection
(hl
must not be cited as causing
f!
noise disturbance.
69
70
71
W
For
f!
performing arts facility
to remam m compliance with this
Section, its owner or manager must update its
noise mitigation plan
as
necessary to reflect significant changes in programming and noise
control technology, and must file an updated
plan
with the Department
not later than March
Q
each year.
72
73
74
75
76
77
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!
78
79
tru
performing arts facility
where
~
or more outdoor
arts and
80
81
entertainment activities
which are subject to special noise level
standards under Section 31 B-6A have been conducted during the
-0)-
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BILL
No. 6-10
82
83
84
85
86
87
88
89
previous 12 months or are scheduled to be conducted in the next 12
months, any seller of that property must disclose to each prospective
buyer, before the buyer signs
~
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.
ili}
A prospective buyer must indicate,
Qy
signing an addendum to the
contract or
~
separate section of the contract printed in boldface
~
~
in
90
91
92
93
clearly demarcated box, that:
the seller has provided the information required
Qy
subsection
.cru.;
and
ill
ill
the buyer understands that:
94
95
W
@
nearby property may be
~
source of periodic noise from
seasonal outdoor
arts and entertainment activities;
and
the buyer may obtain more information about noise limits
on these activities from the County Department of
Environmental Protection.
Approved:
96
97
98
99
100
Nancy Floreen, President, County Council
101
Date
Approved:
102
Isiah Leggett, County Executive
103
Date
This is a con-ect copy ofCouncil action.
104
Linda M. Lauer, Clerk of the Council
Date
&
F:\LAW\BILLS\lOO6 Noise - Performing
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LEGISLATIVE REQUEST REPORT
Bill 6-10
Noise Control Arts and Entertainment Activities
DESCRIPTION:
Sets higher noise level standards during specific hours and seasons
for certain arts and entertainment activities. Exempts certain noise
levels created by certain arts and entertainment activities from being
treated as a noise disturbance. Requires potential homebuyers near
covered outdoor performance areas to be notified about potential
noise from arts and entertainment activities at those areas.
Certain outdoor performing arts activities with substantial community
support may violate current evening noise standards.
To allow reasonable, enforceable standards to apply to seasonal
outdoor performances, and to notify potential neighbors that outdoor
performances with different noise standards may be held nearby.
Department of Environmental Protection
To be requested.
To be requested.
To be requested.
To be researched.
Michael Faden, Senior Legislative Attorney,
240-777-7905
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Class A
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