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(a) Maximum allowable noise levels for construction.
(1) A person must not cause or permit noise levels from construction activity that exceed the following levels:
(A) From 7 a.m. to 5 p.m. weekdays:
(i) 75 dBA if the Department has not approved a noise-suppression plan for the activity; or
(ii) 85 dBA if the Department has approved a noise-suppression plan for the activity.
(B) The level specified in Section 31B-5 at all other times.
(2) Construction noise levels must be measured at the location, at least 50 feet from the source, on a receiving property where noise from the source is greatest.
(3) The Department must by regulation establish requirements for noise-suppression plans and adopt procedures for evaluating and approving plans. The regulations must provide that, at least 10 days before approving a noise-suppression plan, the Director must provide public notice reasonably calculated to reach at least a majority of households that might be affected by the construction activity noise levels above 75 dBA.
(b) Construction noise disturbance. The prohibition on noise disturbance in Section 31B- 5(b) applies to construction activities, notwithstanding subsection (a).
(c) Examples. The following examples illustrate common construction noise-producing acts that violate this section if they exceed the noise level standards set in subsection (a) or create a noise disturbance. The examples are illustrative only and do not limit or expand the construction noise level or noise disturbance standards of this section:
(1) Delivering materials or equipment, or loading or unloading during nighttime hours in a residential noise area.
(2) Operating construction equipment with audible back-up warning devices during nighttime hours. (1996 L.M.C., ch. 32, § 1.)
(a) Each outdoor arts and entertainment activity held at a qualifying performing arts facility must not exceed the following noise decibel limits:
(1) from 11 a.m. to 11 p.m. during April 1 through October 31, 75 dBA, as measured on the receiving property; and
(2) at all other times, the maximum allowable noise level set in Section 31B-5.
(b) A qualifying performing arts facility which has complied with this Section must not cause or permit noise levels from an outdoor arts and entertainment activity to exceed the standards in subsection (a).
(c) Any outdoor arts and entertainment activity conducted at a qualifying performing arts facility which has complied with this Section must not be cited as causing a noise disturbance.
(d) The Department must annually advise the Executive and Council, and the operator of each qualifying perming arts facility, whether the noise levels specified in this Section remain appropriate for that facility and the extent of compliance with those levels. (2011 L.M.C., ch. 7, § 1)
(a) The Department must issue regulations establishing the equipment and techniques it will use to measure sound levels. The Department may rely on currently accepted standards of recognized organizations, including the American National Standards Institute (ANSI), American Society for Testing and Materials (ASTM), and the United States Environmental Protection Agency.
(b) For multiple sources of sound, the Department may measure sound levels at any point to determine the source of a noise. (1996 L.M.C., ch. 32, § 1.)
(a) The County Executive may designate by regulation land within any geographical area as a noise sensitive area to protect public health, safety, and welfare. The regulation may prohibit certain noise producing activities in the noise sensitive area.
(b) A regulation under subsection (a) must:
(1) describe the area by reference to named streets or other geographic features;
(2) explain the reasons for the designation;
(3) establish specific noise limits or requirements that apply in the noise sensitive area; and
(4) describe by example or enumeration activities or sources that violate the limits or requirements.
(c) A regulation under subsection (a) may establish limits or requirements for a noise sensitive area that are more stringent than those that otherwise would apply to the area under this Chapter. (1996 L.M.C., ch. 32, § 1.)
(a) Except as provided in this section, a person must not sell, buy, offer for sale, or use a leafblower at any time that has an average sound level exceeding 70 dBA at a distance of 50 feet. This requirement is in addition to any other noise level or noise disturbance standard that applies under this Chapter.
(b) An individual who owns or occupies a residence in a residential noise area may use at the individual's residence a leafblower bought or manufactured before July 1, 1990, until July 1, 1998, even if it exceeds the standard in subsection (a). After July 1, 1998, a person must not use any leafblower that violates the standard in subsection (a).
(c) The Department must apply the standard in subsection (a) in accordance with the most current leaf-blower testing standard of the American National Standards Institute (ANSI).
(d) The Department may inspect, and on its request a person must produce, any leafblower that is sold, offered for sale, or used in the County, to determine whether the leafblower complies with this section. A person who relies in good faith on a manufacturer's written representation of the sound level of a leafblower that has not been modified is not subject to a penalty for violating this section.
(e) Sale of combustion leaf removal equipment – prohibited. A person must not sell or offer for sale a combustion engine-powered handheld, backpack, or walk-behind leaf blower or leaf vacuum.
[(f)]*
(g) Reimbursement. Subject to an appropriation by the County Council, the Director must establish a time-limited program based on criteria set by regulation to partially reimburse County residents and businesses that purchase electric leaf blowers or leaf vacuums.
(h) Application for reimbursement. To receive reimbursement under subsection (g), an applicant must apply to the Director in a form prescribed by the Director.
(i) Regulations. Not later than March 30, 2024, the County Executive must transmit to the Council Method (1) regulations to establish the reimbursement program under subsection (g).
(j) An enforcement officer may issue a civil citation under this Section if the Director receives a complaint of a noise disturbance supported by photographic evidence of a violation of subsection (f).
(k) Annual reporting. By February 1 of each year, the Director must submit to the Council an annual report for the preceding year on the successes or challenges of the reimbursement program, outreach activities, statistical data related to enforcement, new technology trends for electrification of lawn care equipment, and any recommended changes to the law or operating budget. The Council may request the Director to provide additional information, as needed. (1996 L.M.C., ch. 32, § 1; 2023 L.M.C., ch. 31, § 1.)
*Editor’s note—2023 L.M.C., ch. 31, § 2, states: Effective date; staggered implementation. The prohibition against sales under subsection (e) of Section 31B-9, added under Section 1 of this Act, must take effect on July 1, 2024. The prohibition against use under subsection (f) of Section 31B-9, added under Section 1 of this Act, must take effect on July 1, 2025.
2023 L.M.C., ch. 31, § 3, states: Required notices. On or after the effective date of this Act and before the effective date of the prohibition against sales under this Act, a person who sells, at retail, a combustion engine-powered handheld, backpack, or walk-behind leaf blower or leaf vacuum in the County must provide conspicuous notice to the consumer that the leaf blower usage will be prohibited in the County.
(a) This Chapter does not apply to:
(1) agricultural field machinery used and maintained in accordance with the manufacturer's specifications;
(2) emergency operations by fire and rescue services, police agencies, or public utilities and their contractors;
(3) a source or condition expressly subject to any State or federal noise-control law or regulation that is more stringent than this Chapter;
(4) sound, not electronically amplified, created between 7 a.m. and 11 p.m. by sports, amusements, or entertainment events or other public gatherings operating according to the requirements of the appropriate permit or licensing authority. This includes athletic contests, carnivals, fairgrounds, parades, band and orchestra activities, and public celebrations.
(b) The County Executive may issue regulations exempting from Section 31B-5 sources associated with routine residential living during daytime hours, such as home workshops, power tools, and power lawn and garden equipment, when used in accordance with manufacturer specifications. This exception does not apply to repairs or maintenance on a motor vehicle that is not registered for use on public roads.
(c) Section 31B-9 of this Chapter does not apply to agricultural producers located on agriculturally assessed properties where farming or agricultural use and activities are permitted under Article 59, Section 3.2.6 of the Zoning Ordinance. (1996 L.M.C., ch. 32, § 1; 2023 L.M.C., ch. 31, § 1.)
Editor’s note—2023 L.M.C., ch. 31, § 3, states: Required notices. On or after the effective date of this Act and before the effective date of the prohibition against sales under this Act, a person who sells, at retail, a combustion engine-powered handheld, backpack, or walk-behind leaf blower or leaf vacuum in the County must provide conspicuous notice to the consumer that the leaf blower usage will be prohibited in the County.
(a) Temporary waiver.
(1) The Director may waive any part of this Chapter for a temporary event if the noise the event will create or cause in excess of the limits established under this Chapter is offset by the benefits of the event to the public.
(2) When the Director receives an application under this subsection, the Director must provide public notice of the application reasonably calculated to reach at least a majority of households that might be affected by noise levels anticipated for the event. The Director must not approve an application under this subsection less than 10 days after the public notice.
(b) General waiver.
(1) The Director may waive any part of this Chapter if the Director determines that compliance in a particular case is not practical and would impose undue hardship.
(2) When the Director receives an application under this subsection, the Director must schedule a hearing on the application within 60 days.
(3) At least 30 days before the hearing, the applicant must advertise the hearing by:
(A) placing a display advertisement in a newspaper of general circulation in the community where the source that is the subject of the application is located; and
(B) posting a sign at the location of the source.
(4) Based on evidence presented at the hearing, the Director may grant a waiver for up to 3 years, under terms and conditions appropriate to reduce the impact of the exception.
(5) The Director may renew a waiver granted under this subsection if the applicant shows that the circumstances supporting the original waiver have not changed.
(c) Violation of waiver. The Director may suspend, modify, or revoke a waiver granted under this section if a person violates the terms or conditions of the waiver.
(d) Regulations and fees. The County Executive must issue regulations implementing this section that:
(1) set the procedures and fees to apply for a waiver under subsections (a) or (b);
(2) require the applicant to use the best technology and strategy reasonably available to mitigate noise, as determined by the Director;
(3) allow temporary waivers under subsection (a) of no more than 30 days, renewable at the discretion of the Director no more than twice; and
(4) specify the requirements for the hearing advertisement and sign required under subsection (b)(3). (1996 L.M.C., ch. 32, § 1.)
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