[Adopted as Ch. VII, Art. 17; amended 6-14-1993 by Ord. No. 93-273]
The Bangor City Council finds that excessive vehicle noise, as defined in this article, is detrimental to the health, welfare, safety and quality of life of Bangor's citizens. It is the policy of the City of Bangor to prohibit unnecessary, excessive and annoying vehicle noise within the City of Bangor.
Terminology used in this article shall have the following meanings. When not defined below, terminology used in this article shall be defined in conformance with the United States of America Standard Acoustical Terminology, American National Standards Institute Document S1.1-1960 (R. 1971).
AMBIENT NOISE LEVEL
An existing level of all-encompassing noise associated with a given environment, usually a composite of sounds from many sources, near and far, without inclusion of intruding noises from isolated, identifiable sources.
A-WEIGHTED SOUND LEVEL
The sound pressure level in decibels as measured on a sound-level meter using the A-weighted network. The level so read is designated "db(A)" or "dBA."
CODE ENFORCEMENT OFFICER
The head of the Code Enforcement Division or their designee.
[Amended 9-14-1998 by Ord. No. 98-339]
DECIBEL (dB)
A unit for measuring the volume of a sound equal to 20 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.
GROSS VEHICLE WEIGHT RATING (GVWR)
The value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.
MOTOR VEHICLE
Any and all self-propelled vehicles, on or off road, subject to identification under Maine's Motor Vehicle Code.
[1]
PERSON
Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or entity, public or private.
POWERED MOTOR VEHICLE
Any self-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket.
SOUND-LEVEL METER
An instrument, including a microphone, an amplifier, an output meter and frequency weighting networks, for the measurement of sound levels which meets or exceeds the requirements pertinent for Type S2 or S2A meters in American National Standards Institute specifications for sound-level meters, S1.4-1971, or the most recent revision thereof.
SOUND TRUCK
Any motor vehicle or other vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound-amplifying equipment.
VEHICLE
Any vehicle, regardless of motive power and whether or not subject to identification under Maine's Motor Vehicle Code,[2] including aircraft, trains or other railroad vehicles or operations, off-road vehicles, powered motor vehicles, sound trucks, boats, vessels and ships.
[1]
Editor's Note: See M.R.S.A. Title 29-A.
[2]
Editor's Note: See M.R.S.A. Title 29-A.
No persons shall unreasonably make, continue or cause to be made or continued any noise disturbance or excessive vehicle noise within the limits of the City of Bangor. Noise which exceeds the maximum noise level limit provided in § 194-9 below shall be deemed unreasonable under this article, except as provided in § 194-10 below.
A. 
Except as provided in § 194-10 below, it shall be a violation of this article for any person to operate or cause to be operated on any public street or highway or upon any lake, pond, public easement or off-road area or upon any railroad right-of-way or switching area any vehicle generating noise in excess of the following maximum levels:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Vehicle Type
A-Weighted Sound Level
(dBA)
Semi, truck or bus (GVWR over 3 1/2 tons)
85
Passenger automobile, motorcycle, motor home or camper (GVWR under 3 1/2 tons)
82
Airmobile
78 (see 12 M.R.S.A. § 13001, Subsection 2)
Snowmobile
See 12 M.R.S.A. § 13001, Subsection 25
   Manufactured before February 2, 1975
82
   Manufactured after February 1, 1975
78 (see 12 M.R.S.A. § 7827, Subsection 14)
All-terrain vehicle (ATV)
82 (see 12 M.R.S.A. § 13001, Subsection 3)
Sound truck or powered motor vehicle
75
Motorboat (under 5 tons' burden)
78
Commercial charter, fishing, tanker, freighter or lobster boat (over 5 tons' burden)
82
Trains or other railroad vehicles or operations
See 40 CFR 201 and 49 CFR 210, summarized in Table I below
Where the ambient noise from other than identifiable sound sources is determined to be higher than the maximums listed above, the maximum permissible noise level shall be five decibels higher than the ambient noise level.
Table I
A-Weighted Sound Level
(dBA)
Distance or Measurement Site
(meters)
Locomotives older than 1-1-1980
  Stationary (idle throttle)
73
30 (100 feet)
  Stationary (other throttle settings)
93
30 (100 feet)
  Moving
96
30 (100 feet)
Locomotives newer than 12-31-1979
  Stationary (idle throttle)
70
30 (100 feet)
  Stationary (other throttle settings)
87
30 (100 feet)
  Moving
90
30 (100 feet)
Switcher locomotives older than 1-1-1980
  Stationary (idle throttle)
70
30 (100 feet)
  Stationary (other throttle settings)
87
30 (100 feet)
  Moving
90
30 (100 feet)
Rail cars
  Moving 45 miles per hour or less
88
30 (100 feet)
  Moving faster than 45 miles per hour
93
30 (100 feet)
Retarders
83
Receiving property line
Car coupling operations
92
Receiving property line
Load cell noise
  Primary
78
30 (100 feet)
  If 30-meter measurement not feasible
65
Receiving property line located more than 120 meters from load cell
See 40 CFR 201 or 49 CFR 210 for definitions which are incorporated herein by reference.
B. 
Except as provided in Table I of Subsection A above, measurements of noise generated by a vehicle shall be taken with a sound-level meter at a distance of 50 feet from the vehicle engine or motor or, in the case of vehicles operating on a public street or highway, at a distance of 50 feet from the center line of travel. If taken at a different distance, measurements shall be corrected as follows:
Distance
(feet)
Correction
(dBA)
25
-6
28
-5
32
-4
35
-3
40
-2
45
-1
50 (preferred distance)
0
56
+1
63
+2
70
+3
80
+4
90
+5
100
+6
The maximum noise level limits provided in § 194-9 above do not apply to the following:
A. 
Any aircraft operating pursuant to or in conformity with federal law or regulations now existing or hereafter promulgated or operating within the City of Bangor's Airport Development District as defined in Chapter 165, Land Development, of the Code of the City of Bangor.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Any aircraft operating under technical difficulties, in any kind of distress, under emergency orders of an air traffic controller or being operated in response to any federal, state or local emergency, including civil air patrol search and rescue operations.
C. 
Any police, fire or emergency rescue vehicle, including privately owned vehicles of volunteer fire or rescue squads, when in pursuit or responding to a fire or emergency call.
D. 
Any train or other railroad vehicle or operation operating in interstate commerce in conformity with noise regulations promulgated by the Administrator of the United States Environmental Protection Agency and the Secretary of Transportation under 42 U.S.C. § 4916, provided that the maximum noise limits prescribed in Table I of § 194-9A above shall apply to such vehicles at the time and place of measurement by sound-level meter, notwithstanding prior test results conducted on such vehicle by the railroad company, and provided that this article shall not be deemed to prohibit municipal regulation of railroad-generated environmental noise necessitated by special local conditions as approved by the Administrator of the United States Environmental Protection Agency in accordance with 42 U.S.C. § 4916(c)(2).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Public road construction projects, including reconstruction, grading and bridge projects.
F. 
Ambient traffic noise generated by vehicles traveling on federal interstate highways.
G. 
Farming operations conducted in conformity with generally accepted agricultural practices as provided in the Maine Agriculture Protection Act, 7 M.R.S.A. § 151 et seq.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H. 
Vehicles operating solely on land owned or leased by the owner of the vehicle concerned or with landowner permission, provided that noise generated by operation of the vehicle as measured at the property boundary does not exceed the unadjusted sound levels specified in § 194-9A above.
I. 
Events hosted at Bass Park as part of the Bangor State Fair.
[Added 12-26-2001 by Ord. No. 02-46]
A. 
Upon receipt of a citizen complaint or request to investigate or upon personal observation of an apparent violation, the City's Code Enforcement Officer or other law enforcement officer equipped with an approved sound-level meter may investigate the complaint.
(1) 
The officer's investigation may include roadside measurements of noise levels generated by the vehicle concerned as provided in § 194-9B above. For this purpose, a City police officer who personally observes an apparent violation of this article or who has probable cause to believe that a violation has occurred may require the operator of the vehicle to pull the vehicle over to curbside so as to permit the officer to investigate and take a noise measurement as provided in § 194-9B above. When a vehicle is stopped in this manner, noise measurements by the police officer shall be taken at engine speeds within the normal operating range for that vehicle. The officer shall record the results of all such measurements.
(2) 
A vehicle which has been stopped for an apparent violation of this article which, upon measurement by the officer, generates noise in excess of the levels provided in § 194-9A above shall not be operated further but shall be towed, at the operator's expense, to a location specified by the operator. If the operator declines to pay a towing charge, the vehicle shall be towed to the City impound lot, to be released to the operator or owner upon payment of the City's towing charge. Upon release, such vehicle shall be required to be towed to a location specified by the operator or owner.
B. 
Upon completion of the investigation, if a violation of this article appears to have occurred, the Code Enforcement Officer or law enforcement officer may serve or cause to be served upon the offender a summons and complaint alleging the violation and giving notice of a hearing date. Thereafter, the matter shall be referred for prosecution in accordance with Subsection C. In lieu of a summons and complaint, the officer may issue a citation to the vehicle operator stating the date, time and place of the apparent violation, as measured by the officer, and the amount of the applicable fine or waiver fee. The citation shall inform the vehicle operator of their right to contest the citation or to waive court appearance and shall provide a means for the vehicle operator to make that election. All such citations shall be processed in the same manner as citations for parking violations under Chapter 291, Vehicles and Traffic, Article III, Parking, of the Code of the City of Bangor.
C. 
Violations of this article shall be punishable in the District Court as civil violations under 4 M.R.S.A. § 152. Civil penalties assessed for such violations shall accrue to the City of Bangor. Notwithstanding the provisions of any other law or ordinance, the minimum penalty for a violation of this article shall be $100 for the first violation and $250 for the second and each subsequent violation. Each occurrence of a violation after the date of an initial citation shall be deemed a separate offense.
D. 
The provisions of Subsection A governing impoundment and towing do not apply to trains and other railroad vehicles and operations. In those cases, the investigating officer shall note an identifying number or other marking and shall send the railroad company written notice, at its nearest office, within three days of an excess noise measurement. The notice shall state the type of train or other identifying number or marking, as well as the sound level measured. Said notice shall be deemed received within three days of mailing. After receipt of such notice, the railroad company will be assessed a minimum fine of $250, in addition to the first violation minimum fine of $100, for each time or day said vehicle is observed operating within the municipal limits of the City of Bangor until such time as the railroad company provides the City of Bangor with independent test results conducted after the excess noise measurement date and time and pursuant to 40 CFR 201 and 49 CFR 210 showing said vehicle to be operating within the limits prescribed therein.