Expedited Bill No.                           6-10

Concerning: Noise Control – Arts and    

Entertainment Activities                        

Revised:    5-18-11            Draft No. 7  

Introduced:   March 2, 2010                   

Enacted:         May 18, 2011                 

Executive:       May 31, 2011                 

Effective:        May 31, 2011                 

Sunset Date:  None                             

Ch.   7      , Laws of Mont. Co.    2011    

 

County Council

For Montgomery County, Maryland

 

By: Councilmember Elrich 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 31B, Noise Control

Sections 31B-2 and 31B-5

 

By adding

            Chapter 31B, Noise Control

            Section 31B-6A [[and 31B-6B]]

            [[Chapter 40, Real Property

            Section 40-12D]]

 

 

Boldface                                             Heading or defined term.

Underlining                                          Added to existing law by original bill.

[Single boldface brackets]                  Deleted from existing law by original bill.

Double underlining                              Added by amendment.

[[Double boldface brackets]]              Deleted from existing law or the bill by amendment.

*   *   *                                                  Existing law unaffected by bill.

 
 

 

 

 

 

 

 

 


The County Council for Montgomery County, Maryland approves the following Act:


          Sec. 1.  Sections 31B-2 and 31B-5 are amended, and [[Section]] [[Sections]] Section 31B-6A [[is]] [[and 31B-6B are]] is added, as follows:
31B-2.        Definitions.
          In this Chapter, the following words and phrases have the following meanings:

          Arts and entertainment activity means a performance of artistic or creative work, such as a play, film, music, or dance, which is readily accessible to the public, whether or not admission is charged.  Arts and entertainment activity includes the time necessary to set up and remove any structure or equipment used in the activity.

[(a)]   *        *        *

[(b)]   *        *        *

[(c)]   *        *        *

[(d)]   *        *        *

[(e)]   *        *        *

[(f)]    *        *        *

[(g)]   *        *        *

[(i)]    *        *        *

[(j)]    *        *        *

[(k)]   *        *        *

[(l)]    *        *        *

[(m)]  *        *        *

          [[Noise mitigation plan means a document that identifies noise mitigation equipment, materials, and methods which are sufficient to comply with applicable standards for an outdoor arts and entertainment activity.]]

[(n)]   *        *        *

[(o)]   *        *        *

[(p)]   *        *        *

[[Permissible Performance Location means a defined area in an urban district which is:

(1)     used for an outdoor arts and entertainment activity; and

(2)     nominated and designated as provided in Section 31B-6B.]]

[(q)]   *        *        *

          [[Performing]] Qualifying performing arts facility means the outdoor area of a building, outdoor seasonal, temporary, or permanent stage, or other clearly defined outdoor area or space, which is [[located at a venue that primarily presents live theatrical, musical, or dance performances]]:

(1)     used for an outdoor arts and entertainment activity; and

(2)     owned or operated by the County; and

(3)     so designated by the County Executive 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.

[(r)]   *        *        *

[(s)]   *        *        *

[(t)]    *        *        *

31B-5.        Noise level and noise disturbance violations.

(a)     Maximum allowable noise levels.

(1)     Except as otherwise provided in Section 31B-6(a), 31B-6A, [[31B-6B,]] and 31B-8, a person must not cause or permit noise levels that exceed the following levels:

*        *        *

31B-6A.      Seasonal noise level standard for qualifying outdoor arts and entertainment activities.

(a)     [[If [[more than 5 performances of]] an outdoor arts and entertainment activity will be conducted at a qualifying performing arts facility, the [[owner or manager]] operator of the facility may file a noise mitigation plan, prepared by an acoustical engineer or consultant, with the Department.  The plan must include:

(1)     performance requirements;

(2)     the types of noise mitigation measures that the facility will use; and

(3)     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 perimeter of the facility.

          The Department must make each plan filed with it available to the public and send a copy to the Noise Control Advisory Board.]]

[[(b)   If the [[owner or manager]] operator of a qualifying performing arts facility submits a completed noise-mitigation plan to the Department 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:

(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.

[[(c)]] (b) 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 [[(b)]] (a).

[[(d)]] (c) 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 (b)]] must not be cited as causing a noise disturbance.

[[(e)]] (d) [[For a qualifying performing arts facility to remain in compliance 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 15 each year.]]  The 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 activities in urban districts.]]

[[(a)   A defined area located in an urban district may qualify as a permissible performance location if the area is:

(1)     nominated for that purpose by the applicable urban district advisory committee or urban district corporation board of directors after the committee or board has:

(A)    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

(B)     reviewed and approved the nomination at a regularly scheduled monthly meeting; and

(2)     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.]]

[[(b)   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.  Each noise information report must:

(1)     describe each arts and entertainment activity to be conducted at that location;

(2)     list each performance date and time;

(3)     specify who will sponsor each activity;

(4)     describe the target audience for each performance; and

(5)     identify the permissible performance location for each activity.]]

[[(c)   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 the district.  The committee or board must first give at least 30 days’ public notice on the website of the applicable County regional services 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).]]

[[(d)   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 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 must not be cited as causing a noise disturbance.]]

[[(e)   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 time, but an updated report must be filed not 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.]]

[[(f)    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 noise complaints about outdoor arts and entertainment activities in the district that the district received during that year and discuss the 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.

(a)     If any residential real property is located within 300 yards of a performing arts facility where 5 or more outdoor arts and entertainment activities which are subject to special noise level standards under Section 31B-6A have been conducted during the 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 a 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.

(b)     A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type in a clearly demarcated box, that:

(1)     the seller has provided the information required by subsection (a); and

(2)     the buyer understands that:

(A)    nearby property may be a source of periodic noise from seasonal outdoor arts and entertainment activities; and

(B)     the buyer may obtain more information about noise limits on these activities from the County Department of Environmental Protection.]]

          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: