Expedited Bill No. >=<.6--'1.>:00_ _ _ _ __
Concerning: Noise Control - Arts and
Entertainment Activities
Revised: 5-18-11
Draft No.
Introduced: March 2."-,,2=0:....:.1.=..0_ _ __
Enacted:
May 18, 2011
Executive:
May 31! 2011
Effective:
May 31, 2011
Sunset Date:
-!..!.N~on:.:::e::-.-
_ _ _ _ __
2011
Ch.
_7_.
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 home buyers near certain arts
and entertainment activities; and]]
[[(4)]] generally amend the County noise control law.
By amending
Montgomery County Code
Chapter 31B, Noise Control
Sections 31 B-2 and 31 B-5
By adding
Chapter 31B, Noise Control
Section 31 B-6A Uand31B-6B]]
[[Chapter 40, Real Property
Section 40-12Dl1
Boldface
Underlining
[Single boldface brackets]
QQuble underlining
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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
district which is:
an
urban
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ill
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[(q)]
used for an outdoor
arts and entertainment activity;
and
nominated and designated as provided in Section 31B-6B.]]
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[[Performing]] Qualifying performing arts facility
means theoutdoQr area
of g building, outdoor seasonal, temporary, or pennanent stage, or other clearly
defined outdoor area or space, which is [[located at g venue that primarily presents
live theatrical, musical, or dance
perfonnances]]~
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ill
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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 the County Register. The Executive may revoke a designation
a1.JIDy
time by publishiflg an Executive Order revoking the designation
in
the
County Register.
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[(r)]
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res)]
let)]
3IB-5.
(a)
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Noise level and noise disturbance violations.
Maximum allowable noise levels.
(1)
Except as otherwise provided
III
Section 31B-6(a)-,- 31B-6A,
[[31B-6B,]] and 31B-8, a person must not cause or pennit noise
levels that exceed the following levels:
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3IB-6A.
entertainment activities.
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Seasonal noise level standard for qualifying outdoor arts and
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EXPEDITED BILL
No. 6-10
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(ill
[[If [[more than
.2.
performances ofl]
entertainment activity will be conducted at
an outdoor arts and
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qualifying performing
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arts facility, the [[owner or manager]] operator of the facility may file
noise mitigation plan, prepared
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an acoustical engineer or consultant,
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
measures on the performers, the audience, and the occupants of
[[nearby]] properties within 1000 feet of the perimeterpf the
facility.
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of noise mitigation measures that the facility will use;
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The Department must make each plan filed with it available to the
public and send
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f.QPY
to the Noise Control Advisory Board.]]
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Hili}
If the [[owner or manager]] operator of
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qualifying performing arts
facility submits
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completed noise-mitigation plan to the Department
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and conducts [[at least 5]] all outdoor arts and entertainment
activities each year in accordance with that plan, each]] Each outdoor
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
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dBA, as measured on the receiving property; and
at all other times, the maximum allowable noise level set in
Section 31B-5.
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EXPEDITED BILL
No.
6-10
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[[(£}]]
(b)
A [[person]] qualifying performing arts facility which has f[fileda,
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
[[(hl]]
~
[[@]] (£l
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
(hl))
must not be cited as
causing !! noise disturbance.
[[(£}]]
@
[[For!! qualifying performing arts facility to remain in compliance
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with this Section, its [[owner or manager]] operator must update its filed
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
12.
each year.]]
Department must annually advise the Executive and
Council,~d
Th~
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the
operator of each qualifying performing arts facility. whether the noise
l~yels
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
activities in urban districts.]]
[[Ull
A defined area located in an urban district may qualify as a permissible
performanceiocation ifthe area is:
ill
nominated for that puro()se by the applicable urban district
advisory committee or urban district corporation board of
directors after the committee or board has:
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EXPEDITED BILL NO.
6-10
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given at least 30 days' public noticeoUJhe 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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(ZJ
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~.Jjxecutive
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Order
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revoking the designation in the County Register.]]
[[au
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 performancstdate and time;
specifY who will sponsor each
activity;
describe the target audience for each
perfornl~ce;
and
identifY the
permissible performance location
for each
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activity.]]
[[i£) 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
con~istent
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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 least30 days'
public notice on the website of the applicable County regional
s~rvices
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 Ca).]]
[[(9.)
If the owner or operator of each
permissible performance location
submits a noise information report and receives the advice of the
applicable urban district advisorY cOl1l111ittee or corporation boarq, each
outdoor
arts and entertainment activity
conducted at the
location
as
§12ecified in the report mustmbe treated as complying with the noise
limits in Section 31B-5 and must not be cited as causing a noise
disturbance.]]
[[~
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To remain in compliance vviththis 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
~ntertainment
activities
and any additional
arts and entertainment activity
not previously described in the report.
An
updated noise information report may be filed at any time, but an
updated report must be filed not later than March 15 of each yea:rbefore
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 urba:n
distri~t
must list each
permissible performance location
that the district
nominated during that year and each noise infOImation report that it
reviewed.
The report also must list the types and number of noise
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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pistrict'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.
W
If any residential real property is located within 300 yards of
performing arts facility
where
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or more outdoor
arts and
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entertainment activities
which are subject to special noise level
standards under Section 31B-6A have been conducted during the
previous
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11
months
or are scheduled to be conducted in the next
11
months, any seller of that property must disclose to each prospective
buyer, before the buyer
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£!
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
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otherwise applicable noise limits.
(hl
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A prospective buyer must indicate,
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signing an addendum to the
contract or
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separate section of the contract printed in boldface
£!
clearly demarcated box, that:
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in
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the seller has provided the information required
Qy
subsection
tru;
and
the buyer understands that:
(A)
nearby property may be
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source of periodic noise from
seasonal outdoor
arts and entertainment activities;
and
ill)
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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 immedi(ite protection ofthe public interest. This Act takes effect on
the date when it becomes law.
Approved:
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Valerie
Ervin,
PresIdent, County Council
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Approved:
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~e
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Date
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk ofthe Council
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