HomeMy WebLinkAbout23- Ordinances 2139 - Ordinance Title UnknownOrd 2139
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ORDINANCE 2139
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE BOZEMAN MUNICIPAL CODE REGARDING NOISE
FROM CONSTRUCTION OPERATIONS INCLUDING AMENDING SEC. 16.06.020
(FINDINGS); SEC. 16.06.040 (DEFINITIONS); SEC. 16.06.060 (LOUD NOISES
PROHIBITED IN RESIDENTIAL AREAS); SEC. 16.06.070 (EXCEPTIONS); SEC.
16.06.090 (ENFORCEMENT); AND ADDING A NEW SECTION FOR CONSTRUCTION
OPERATIONS.
WHEREAS, on September 24, 2001, the Bozeman City Commission formally adopted
Ordinance No. 1539; and
WHEREAS, in making its findings in support of Ordinance No. 1539, the City
Commission determined that “[l]oud and raucous noise degrades the environment of the City of
Bozeman to a degree that: 1) [i]t maybe be harmful to the health, welfare, and safety of its
inhabitants and visitors; 2) [i]t may interfere with the comfortable enjoyment of life and property
reasonably expected in an urban environment; 3) [i]t may cause or aggravate health problems;”
and
WHEREAS, since the adoption of Ordinance No. 1539, and in light of the recent increase
of development occurring throughout the city, the City of Bozeman seeks to balance the needs of
construction operations and the needs of residents to peacefully enjoy their property; and
WHEREAS, sound emanating from construction operations can affect an adjacent
citizen’s right to the quiet enjoyment of their property.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Section 16.06.020, Bozeman Municipal Code, will be amended as follows:
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Sec. 16.06.020. Findings.
A. Loud and raucous noise degrades the environment of the city to a degree that:
1. It may be harmful to the health, welfare, and safety of its inhabitants and visitors;
2. It may interfere with the quiet comfortable enjoyment of life and property
reasonably expected in an urban environment;
3. It may cause or aggravate health problems.
B. Both the effective control and the elimination of loud or raucous noise are essential to the
health and welfare of the citizens and visitors of the city as well as to the conduct of the normal
pursuits of life, including recreation, work and communication.
C. The use of sound amplification equipment creates loud and raucous noise that may, in a
particular manner and at a particular time and place, substantially and unreasonably invade the
privacy, peace, and freedom of the citizens of and visitors to the city.
D. Certain short-term easing of noise restrictions is essential to allow the construction and
maintenance of structures, infrastructure, and other elements necessary for the physical and
commercial vitality of the city.
Section 2
That Section 16.06.040, Bozeman Municipal Code, will be amended as follows:
Sec. 16.06.040. Definitions.
A. The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
1. “Construction operations” means the excavation, construction, repair, or demolition of
any building, structure, land parcel, street, alley, waterway, or appurtenance thereto using any
device or mechanical apparatus operated by human, fuel, electric or pneumatic power, including
but not limited to noise generated from loudspeakers on a construction site.
1.2. “Decibel” means a unit used to measure the intensity of a sound or the power level of an
electrical signal by comparing it with a given level on a logarithmic scale, commonly symbolized
using dB. Decibel levels shall be measured using the A-scale of an OSHA approved standards
sound level meter at slow response.
2.3. "Emergency" means any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage which demands immediate attention.
3.4."Emergency work" means any work:
a. Performed for the purpose of preventing or alleviating physical trauma or property
damage;
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b. Restoring property to a safe condition following a public calamity;
c. By private or public utilities when restoring utility service; or
d. Performed to protect persons or property from exposure to danger or potential danger.
4.5. "Health" means an optimal state of physical, mental and emotional well-being and not
merely the absence of disease.
5.6. "Person" means any individual, firm, association, partnership, joint venture, corporation
or public entity, including but not limited to federal, state or city government.
6.7. "Public right-of-way" means any street, avenue, boulevard, highway, sidewalk, alley, or
similar place which is normally accessible to the public which is owned or controlled by a
government entity.
8. "Public space" means any real property or structure on real property, owned by the
government and normally accessible to the public, including but not limited to parks and other
recreational areas. For the purposes of this article, public space will also include any property,
whether publicly or privately owned, used by members of the general public as a method of
ingress, egress or for parking.
Section 3
That Section 16.06.060, Bozeman Municipal Code, will be amended as follows:
Sec. 16.06.060. Loud noises prohibited in residential areas.
A. Except as authorized in section 16.06.070, it is unlawful to perform any of the following acts
within areas of the city zoned R-1, R-2, R-3, R-4, R-O, RMH, R-S or PLI:
1. Non-emergency signaling devices. Sounding any horn or signaling device on any truck,
automobile, motorcycle, or other vehicle, including but not limited to the use of backup beepers,
except as a warning signal.
2. Exhausts. Discharging into open air the exhaust of any steam engine, stationary internal
combustion engine, motorboat, or motor vehicle, except through a muffler or other device which
will effectively prevent loud or explosive noises.
3. Construction projects. Operating equipment or performing any construction or repair work
on buildings, structures, streets, highways, bridges or other public rights-of-way or operating any
pile driver, steam shovel, pneumatic hammer, derrick, steam electric hoist, generator, pump or
other construction-type device in such a manner which may disturb the quiet, comfort or repose of
any normally sensitive and reasonable person.
4.3. Loading, unloading or opening containers. Loading, unloading, opening or other handling
of boxes, crates, containers, garbage containers or other objects in such a manner as to disturb the
quiet, comfort or repose of any normally sensitive and reasonable person.
5. 4. Snow blowers, leaf blowers or similar devices. Operating any noise-creating blower, power
fan, or any internal combustion engine, the operation of which causes noise due to the explosion
of operating gases or fluids, including but not limited to snow blowers or other snow removal
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devices, leaf blowers, chainsaws, or lawnmowers in a manner which may disturb the quiet, comfort
or repose of any normally sensitive and reasonable person.
B. The activities described in subsection A of this section are authorized in areas within the city
zoned B-1, B-2, B-3, M-1, M-2, HMU, UMU and BP without restrictions set forth in section
16.06.070.
Section 4
That Section 16.06.070, Bozeman Municipal Code, will be amended as follows:
Sec. 16.06.070. Exceptions.
A. Subject to sections 16.06.050 and 16.06.060.A., tThe following activities will be authorized
as follows are subject to the prohibitions in 16.06.050, but are exempt from the prohibitions in
16.06.060:
1. Non-emergency signaling devices. Except as authorized in subsection A.32 of this section,
the sounding or permitting of any sounding of amplified signals from any bell, chime, siren, whistle
or similar device intended primarily for non-emergency purposes, including but not limited to
back-up beepers, will be authorized at any time between the hours of 6:00 a.m. and 8:00 p.m. from
October 1 through March 30 and between 6:00 a.m. and 10:00 p.m. from April 1 through
September 30.
2. Construction projects. Operating equipment or performing any construction or repair work
as defined in section 16.06.060 will be authorized between the hours of 6:00 a.m. and 8:00 p.m.
from October 1 through March 30 and between 6:00 a.m. and 10:00 p.m. from April 1 through
September 30. The director of public service may authorize temporary relief from this section upon
application and a showing of extraordinary need for the use of this equipment beyond or outside
these hours. Such authorization will clearly set forth the dates and hours of the authorized use as
well as any special conditions needed to mitigate potential negative noise impacts.
3.2. Loading, unloading or opening containers. The loading, unloading, opening or other
handling of boxes, crates, containers, solid waste containers or other similar objects, including but
not limited to the collection of solid waste as defined in section 32.02.010, recyclables or
compostable materials by either the city or a private contractor duly licensed by the Montana
Public Service Commission for the collection and transportation of solid waste will be authorized
provided the parties obtain and comply with any permits required by chapter 38. Should a permit
not be required, this activity is authorized between the hours of 5:00 a.m. and 8:00 p.m. from
October 1 through March 30 and between 5:00 a.m. and 10:00 p.m. from April 1 through
September 30.
4. 3. Snow blowers, leaf blowers or similar devices. The operation of any equipment as defined
above will be authorized between the hours of 6:00 a.m. and 8:00 p.m. from October 1 through
March 30 and between 6:00 a.m. and 10:00 p.m. from April 1 through September 30.
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5. 4. Outdoor events. Any outdoor gatherings, public dances, shows sporting events, and other
similar outdoor events will be authorized provided the parties obtain any permits required by
chapter 34, article 8. Should the event not require a permit, the gathering will be authorized
between the hours of 6:00 a.m. and 8:00 p.m. from October 1 through March 30 and between 6:00
a.m. and 10:00 p.m. from April 1 through September 30.
6. 5. Outdoor activities. Activities conducted on public playgrounds and public or private school
grounds, which are conducted in accordance with the manner in which such spaces are generally
used, including but not limited to the use of a city-owned park, swimming pool, skate park, ball
fields, school athletic or school entertainment events.
7.6. Public work. Noise created in the performance of any work in the public right-of-way or on
public space as defined herein which is reasonably necessary for the public benefit, welfare,
convenience or safety, including but not limited to the maintenance of streets, parking lots, water
and wastewater lines but excluding solid waste activities.
B. Nothing in this section will be construed to allow activity which is prohibited under chapter
38.
Section 5
That Section 16.06.090, “Enforcement,” will be amended as follows and renumbered as Section
16.06.100:
Sec. 16.06.100. Enforcement.
A. The chief of police and the director of community development or their designee will have
the primary responsibility for the enforcement of this article. Nothing in this article will prevent
the chief of police or the director of community development or their designee from obtaining
voluntary compliance by way of warning, notice or education.
B. A violation of this article will be punishable as follows:
1. First offense will be punishable by a fine of not more than $500.00 or six months in the
county jail or both;
2. Second offense occurring within one year from the conviction of the first offense will be
punishable by a minimum fine of not less than $100.00 or more than $500.00, a maximum of six
months in the county jail or both;
3. Third offense occurring within one year from the conviction of the first offense will be
punishable by a minimum fine of not less than $200.00 but in no event more than $500.00, a
maximum of six months in the county jail or both;
4. 4th offense occurring within one year from the conviction of the first offense will be
punishable by a minimum fine of not less than $350.00 but in no event more than $500.00, a
maximum of six months in the county jail or both;
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5. 5th offense occurring within one year from the conviction of the first offense will be
punishable by a fine of $500.00, a maximum of six months in the county jail or both.
C. Nothing in this article will be construed to prevent or interfere with an individual's
constitutional right to free speech. If a person's exercise of a constitutional right to free speech
would violate this article, that person must be ordered, and have the opportunity, to move, disperse,
or otherwise remedy the violation prior to arrest or a citation being issued.
D. Noise measured by trained and qualified city employees on a complainant’s property in
excess of 60dB(A) will be considered prima facie evidence that such noise is a violation of
16.06.090.
Section 6
That a new section of the Bozeman Municipal Code be adopted as follows:
Sec. 16.06.090 – Construction Operations.
A. Jurisdiction. This section applies to all construction operations located within the city.
B. The prohibitions in 16.06.050 are applicable to construction operations.
C. Restrictions. Noise emanating from a construction operation occurring between the hours
of 8:00 PM to 7:00 AM must not exceed 60dB(A) as measured at the property line of an
immediately adjacent property.
D. Permit. The director of community development or their designee may issue a permit to
exempt a construction operation from the restrictions on hours and noise levels in
16.06.090(C). The director may establish permit policies and applications requirements.
1. A permit may be granted if the director determines:
i. The application contains the required supporting materials;
ii. The applicant paid the non-refundable application fee; and
iii. The application contains sufficient facts demonstrating why performing
construction operations outside of the restrictions set forth in 16.06.090(C) is
necessary.
2. When determining whether to approve, conditionally approve, or deny a permit, the
director may consider any relevant factors including but not limited to:
a. The hours requested to exceed those listed in 16.06.090(C);
b. The location of the construction operation and proximity to residential
dwellings;
c. The nature and extent of construction operations to be performed outside the
hours listed in 16.06.090(C); and
d. The number of days requested.
3. The director or their designee is authorized and empowered to revoke any permit
granted under the terms of this article if it becomes known to them that the
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permittee is in any manner failing to comply with the terms of this article or when
public convenience and safety require such revocation.
E. Appeals. An applicant may appeal the director’s decision to the city manager by
submitting a non-refundable appeal fee and providing the information required by the director.
The appeal must be filed within five business days of the director’s decision. The city
manager may uphold, modify, or overturn the decision. A decision of the city manager is a
final decision of the city and may be appealed to state district court.
Section 6
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 7
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 8
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 9
Codification.
This Ordinance shall be codified as indicated in Section 1 – 6 with Section 5 of this
Ordinance being amended as shown in Section 5 and renumbered 16.06.100 and Section 6 of this
Ordinance being numbered as 16.06.090.
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Section 10
Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the _____ day of _______________, 2023.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2023. The effective date of this ordinance is __________, __, 2023.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
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13th
July 13
23rd
June
May
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_________________________________
GREG SULLIVAN
City Attorney
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