Loading...
HomeMy WebLinkAboutOrdinance 2002.12 Amending chapter 11 of the town code relating to noise standards within the resort and recreation zone F. ANN RODRTGU!~Z' RECORDER RECORDED By: ~ DOCKET: DEPUTy RECORDER ~ PAGE: 3-1782 2946 'S~ARA 0503 PE1 NO. OF PAGEs: 3 SEQUENCE: 20020760854 TO~ OF ~A 04/19/2002 AT~: TO~ CLERK ORDIN 16:36 132~1 N LON ~S RD ~A AZ 85653 ~O~ PAID $ 8.00 AN O~CE OF THE TO~ OF ~NA~ ~ONA~ ~5~G CH~T5R (OFFENSES) OF THE TO~ CODS, ~LAT~G TO NOISE STA~S ~ITH~ THE ~SORT ~ ~C~AT~ON ZONE~ A~ EST~L~SH~G PEN~TIES. ~E~AS~ ~e To~n Co~c~ of~e To~ of~a d~d approve Ore,ce No. 96. ~ 6~ established offenses ~n ~he To~n ~d penah~es ~erefor; ~d ~E~AS, the Town Co~c~ has ~ended ~he To~n Cod~ ~om ~me ~o ~m=; ~d ~AS~ the ~ayor ~d Counc~ or,he To~ of~a have de~e~ned ~ha~ aHo~ab~e activiti=s wi~n ~h~ Reso~ ~d Recreation (R-R) Zone may b~ d~smp~v~ ~o ~he public ~E~AS~ the ~ayor ~d Co~c~] have dc~e~ned ~hat ~n order ~o con~ro~ ~ccess~ excessive~d~°~ngn°isebe~gg~t~ffomnm~e~e ,,~,~;~.~ ..... .. , · · . . r. ~ s.~um~m~_maone, l[lSln~eoest~t~est ~e To~ ~d la residents to establish ~d mantra ad~uate st~d~ds fornoise withn ~e R-R Zone; ~, ~e Mayor ~d Co~cil d~l~e ~t it is ae p61icyof~e To~ of M~a to m~t~n adequate n°ise st~d~ds M~n ~e R.RZone to protect ~e ubl' the s~o~ding residenti~ly zoned properties; ~d p ~c heal~, s~e~d general welf~e of ~AS, ~e Mayor ~d Co~cil have dete~ hat ~e st~d~ds cont~ed in ~at certain docment entitled "SECTION 11-5-3 ~OISE ST~S ~ T~ ~SORT ~ ~C~ATION ZOO)," ha~g been m~e a public record by the Moption of Resolution No. 200L45, Mll ac~eve ~e Town's decl~ed policy with ~e least b~den on those wi~n ~e R-R Zone; ~d ~E~AS, ~e Mayor ~d Co~cil have dete~ined that adoption or.at cenhn document en ' " t~tled SECTION I 1-5-3 ~OISE ST~S ~r.u~ ~ ~s in the best interest of the Town ~d its residents~' ~m~Kl'~ ~C~ATIONZO~) NOW, THE~FO~, BE IT O~D by the Mayor ~d Co~cil of the To~ of M~a, ~zona, as follows: Mamna, A~izona Ordinance No. 2002.12 Page I of 3 Section 1. Article 11-5 of the Marana Town Code is hereby amended by inserting that certain document entitled "SECTION 11-5-3 (NOISE STANDARDS IN THE RESORT AND RECREATION ONE), having been made a public record by the adoption of Resolution No. 2002-45. Section 2. Article 1 I-8 of the Town Code is hereby amended by adding the following text: Section I 1-8-3Violatlon of Section 11-5-3 A. Apers°n f°und resp°nsible for a first time offenseprohibited by Section 1 i_5_3 shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00). B. A person found responsible for a second offense prohibited by Seclion 11-5-3 shall be punished by a fine of not less than twelve hundred dollars ($1200.00) nor more than fifteen hundred dollars ($1,500.00). C. A person found responsible of a third offense prohibited by Section 11-5-3 shall be punished by a fine of not less than two-thousand dollars ($2,000.00) nor more than twenty-five hundred dollars ($2,500.00). D. No judge may suspend the minimum fine prescribed herein, upon a person found responsible of any offense prohibited by Section 11-5-3. Section 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance and thes~ portions of the Town Code. Section 4. · · . . All ordinances, resoluttons, or motions and parts oford/n,mces, resolutions, or motions of the Counc~l m conflict w~th the pmv~smns of this ordinance are hereby repealed, effective as of the effective date of this ordinance. · Section 5. I/any section, subsectmn, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof· Mama, Arizona Ordinance No. 2002.12 Page 2 of 3 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of April, 2002. ayor B6B~¥'SUTTON, JR. ATTEST: ' Town Clerk ~8'_~_r;~,!~~ Daniel J. Ho~uli~Esq. As Town Attorney and not personally 1 1 8 Marana, Arizona Ordinance No. 2002.12 Page 3 of 3 Section 11-5-3 Noise Standards in the Resort and Recreation Zone A. Applicability; Policy The Town of Marana has come to understand that certain allowable activities within the Resort and Recreation Zone may be disruptive to the public health, safety and general welfare, the satisfaction, and the feeling of well-being to the surrounding residents. In order to control unnecessary, excessive and annoying noise being generated from properties with the Resort and Recreation (R-R) zoning designation, it is the policy of the Town of Marana to maintain the standards identified herein to protect the public health, safety and general welfare of the surrounding residentially zoned properties. All uses established or placed into operation after the effective date of this Section shall comply at all times hereafter with the following limitations or performance standards. B. Definitions As used in this section, the following terms shall be defined as follows: 1. A-weighted Sound Level. The sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The A-weighted filter network is designed to simulate the response of the human ear. The A-weighted sound level is expressed by the symbol dBA. 2. Ambient Noise. The composite of noise from all existing sources near and far. The ambient noise level constitutes the normal or existing level of environmental noise at a given location, excluding any alleged offensive noise. 3. Decibel (dB). A unit for measuring the amplitude of a sound, equal to twenty times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals. 4. Impulsive Noise. A noise of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay. 5. Noise Study. An acoustical analysis performed by a qualified noise engineer which determines the potential noise impacts of a roadway, land use or operation of equipment. The noise study will generate noise contours and recommend mitigation for noise impacts which exceed the city's noise standards. 6. Sound Level Meter. A sound level meter shall mean an instrument meeting at a minimum the American National Standards Institute's Types 1 or 2 Standards, or an instrument and the associated recording and analyzing equipment which will provide equivalent data. C. Amplified Noise Standards This section identifies stationary types of noise sources. The type of noise standard contained in this section is for amplified noise, which may be intrusive to a neighboring residential property. The noise standards shown in Table 1 are for regulating the impact of stationary noise sources to a neighboring property. D. Exterior Noise It shall be unlawful for any person, entity or operation at any location within the R-R zone of the town to create any amplified noise, or to allow the creation of any amplified noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured at the property line to exceed the noise standards found in Table 1, and these amplified noise standards are hereby established and declared to be reasonable and acceptable during the times stated in Table 1. TABLE 1 STATIONARY NOISE SOURCE STANDARDS Maximum Noise Levels Measured at Property Line 7:00 a.m. - 10:30 p.m. Not to Exceed 55dBA 10:30 p.m. - 7:00 a.m. Not to Exceed 50dBA E. Exemptions The following activities shall be exempt from these noise standards: 1. Special events pursuant to an approved special use permit. Noise impacts shall be evaluated and conditioned as part of the special use permit. 2. Filming pursuant to a film permit. Noise impacts shall be evaluated and conditioned as part of the film permit. 3. Activities conducted on' public parks, public playgrounds and public or private school grounds including school athletic and entertainment events that are conducted under the sanction of the school or under a license or permit duly issued pursuant to any provision of Town Code. 4. Noise sources associated with the maintenance of real property, provided said activities take place between the hours of 7 a.m. to 8 p.m. on any day except Sunday or between the hours of 9 a.m. to 8 p.m. on Sunday. 5. Any activity to the extent regulation thereof has been preempted by State or Federal law. F. Noise Level Measurements All noise shall be measured in accordance with the following standards. Measurements shall be made with a Type 1 or Type 2 calibrated sound level meter utilizing the A-weighting scale and the slow meter response as specified by the American National Standards Institute (A.N.S.L). Noise levels shall be measured in decibels and A-weighted. Meters shall be maintained in calibration and in good working order. The measurement location is at the property line between the R-R Zone and the residentially zoned property. G. Measurement Procedure The sound level meter shall be operated in accordance with the instrument manufacturer's instructions and as follows: 1. Microphone Orientation. The microphone shall be pointed towards the allegedly offensive noise source, unless the manufacturer's instructions specifically indicate otherwise. 2. Meter Setting. The meter shall be set for the A-weighted network and "slow" response mode. 3. Calibration. An internal or external calibration check shall be made before and after each use. 4. Sound levels shall be measured at the approximate location of the property line, at a height of at least three (3) feet above the immediate surrounding surface. 5. Windscreens shall be used whenever appropriate. H. In order to implement and enforce this section effectively, the chief of police shall, within a reasonable time after the effective date of this section, develop and promulgate standards and procedures for testing and validating sound level meters used in enforcement of this section. I. A law enforcement agent shall command any person violating this section to abate his or her violation. It is unlawful for any person to fail to comply with an order of a law enforcement agent regarding a noise violation. Each violation of the order of a law enforcement agent under this subsection shall constitute a separate offense of this section. J. Noise Studies Required 1. Pre-development Noise Studies. A pre-development noise study is performed prior to development and is designed to project future noise levels and recommend mitigation measures to be implemented in project development. A registered noise engineer as approved by the town shall prepare all noise studies. Noise studies may be required when a noise generating use, such as an amphitheater, arena, etc., is proposed in the R-R zoning district. The need for a noise study will be determined at the time of development review. Pre-development noise studies shall project future noise levels based on proposed uses, traffic volumes and other relevant future conditions. Existing and projected noise shall be evaluated pursuant to the noise standards within this section. Mitigation measures shall be proposed to bring noise levels into compliance with these standards. Mitigation measures may consist of walls, berms, setbacks, landscaping, building materials, construction methods and any other means whereby noise can be reduced to the levels within this section. K. Enforcement 1. It shall be unlawful for any person in the R-R zoning district, within the Town of Marana, to create any exterior noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured according to this section, to exceed the maximum allowable noise levels in Table 1 of this section. 2. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this section while such authorized person is engaged in the performance of his or her duty. 3. Any person violating any provision of this section shall be deemed responsible of a civil infraction. A law enforcement agent shall command any person violating this section to abate his or her violation. It is unlawful for any person to fail to comply with an order of a law enforcement agent regarding a noise violation. Each violation of the order of a law enforcement agent under this subsection shall constitute a separate offense of this section. 4. The operation or maintenance of any device, instrument, or machinery in violation of any noise standard identified in this section is hereby declared to be a public nuisance and may be abated pursuant to the nuisance abatement procedure in the Town Code. 5. Pursuant to this section, each person shall be deemed responsible of a separate offense for each and every day during any portion of which any violation of any provision of this section is committed, continued, or permitted by such person and shall be punished accordingly. 6. Even though compliance with performance standards or procedures in obtaining any permit is not required for a particular use, initial and continued compliance with performance standards is required of every use and the provisions for enforcement of continued compliance with performance standards shall be invoked by the Police and Planning Departments against any use if there are reasonable grounds to believe that performance standards are being violated by such use. 7. The designee thereof, shall investigate any purported violation of noise standards and, if there is reasonable ground for same, shall commence proceedings to abate such violation. The Town, to assist in such abatement proceedings, may employ qualified expert consultants. Action by the Town to abate such violation may include, but shall not be limited to, commencing proceedings for revocation of permits or commencing enforcement proceedings pursuant to this code or other remedies available by law or equity. L. Jurisdiction The Town Magistrate shall have authority to adjudicate violations of this section. Violations shall be charged via the short form Arizona Traffic Ticket and Complaint or via the long form summons and complaint submitted by the Town Attorney. Pursuant to A.R.S. S 9-500.21 (A)(3), the Town Magistrate, in adjudicating violations of this section, shall use the same procedures used for adjudicating civil traffic offenses.