The Camden Planning Board will meet May 7 at 5 p.m. in the Washington Street Conference Room to talk about setting limits on maximum acceptable sound levels in Camden. The proposed ordinance changes are a result of the opinion that the current ordinance does not cover most of the town. It includes downtown streets and town-owned properties, but not many residential areas. Planning Board member John Scholz and resident Dennis McGuirk have been working on the draft changes and will present them tonight.

According to the drafters, the standards are consistent with the limitations used in other municipalities. The Select Board may grant temporary permits or exceptions for special circumstances or planned events, according to the draft ordinance.

If approved, the measurement of sound/noise levels shall be done at the property line of the property where the sound originates. Sounds originating in a public space (e.g. public park, beach or other public facility), shall not exceed 65 dB for longer than 15 minutes when measured 10 feet from the source.

Section 1. General

This ordinance sets standards for maximum acceptable sound levels to preserve the quality of living in Camden. These standards are consistent with the limitations used in other municipalities. The Select Board may grant temporary permits or exceptions for special circumstances or planned events.

In enforcing these provisions, it is not necessary for persons affected by the excessive noise to make a complaint or be identified as a complainant. It is sufficient that once a valid measurement of the excessive noise level is made by a police officer, a violation has occurred.

Under Title 17-A: Maine Criminal Code, Chapter 2: Offenses against Public Order, 501-A. Disorderly Conduct, the local authorities are responsible for enforcing the provisions of this statute in public places and on private property.

Disorderly conduct constitutes “…making loud and unreasonable…” noises.

Section 2. Definitions

ADMINISTRATOR: The term “Administrator” means the Camden Town Manager, Camden Chief of Police, or their designee.

SOUND LEVEL, dB(A): Means the A-weighted sound pressure level measured by the use of a sound level meter (either Type I or Type II, as defined by American National Standards Institute Specifications, ANSI S1.4-1983) with the characteristics specified in ANSI Specifications, Section 1.4-1971.

DISTRICTS: For the purposes of this ordinance:

(1) Residential District includes the zones designated as V, VE, CR

(2) Commercial Districtincludes the zones designated as B-1, B-2, B-3, B-4, B-H, B-TH, B-R, B-TR

(3) Industrial Districtincludes the zone designated as I

(4) Rural District includes the zones designated asRU-1, RU-2, RR, RP

Section 3. Determination of Compliance with Permitted Sound Levels

The measurement of sound/noise levels shall be done at the property line of the property where the sound originates. Sounds originating in a public space (e.g. public park, beach or other public facility), shall not exceed 65 dB for longer than 15 minutes when measured 10 feet from the source.

Section 4. Maximum Permissible Sound Levels

Unless granted permission by Camden’s Select Board, sounds that persist for 30 minutes or longer may not exceed the levels defined below:

InResidential & Rural Districts

InCommercial Districts 

In an Industrial District 

The maximum noise levels defined above may be exceeded by no more than:

5 dB(A) for a total of 30 minutes in any one hour period;

10 dB(A) for a total of 15 minutes in any one hour period; or

15 dB(A) for a total of 5 minutes in any one hour period.

Repetitive loud impulse sounds (sudden sharp sounds - shorter in length than can be accurately measured by an A-weighted noise level meter) are prohibited outside between 10PM and 7AM.

Section 5. Prohibited Activities

The idling of trucks with gross weight over 10,000 lbs. for longer than 30 minutes is prohibited, except when it is the result of traffic congestion, the use of a refrigeration vehicle in a commercial or industrial district, or when specifically authorized by the Administrator.

Operating equipment for the clearing of snow or sweeping debris from parking lots after 10PM is prohibited unless specifically authorized by the Administrator.

Construction activities between the hours of 10 PM and 7AM unless specifically authorized in advance by the Administrator.

Section 6. Sounds Exempted

The following sound sources are exempted from the foregoing maximum allowed levels:

Sounds produced by domestic tools including, but not restricted to, lawn mowers, leaf blowers, snow blowers, chain saws, pneumatic hammers and other common construction tools between the hours of 7AM and 10PM;

Sounds originating from Town-sanctioned events.

Sounds created by the installation or repair of essential utility services.

Sounds created in response to emergencies and testing of emergency equipment.

Sounds produced by equipment operated by, or contracted for, by the Town to restore or repair essential services.

Snow removal equipment during snowstorms, and up to 24 hours following a snowstorm.

Nothing in these exemptions is intended to preclude the Administrator from requiring installation of the best available noise abatement technology consistent with economic feasibility.

Section 7. Temporary Permits and Exceptions

For circumstances where it is anticipated that sounds will be created that exceed the levels otherwise permitted, permission may be granted by the Administrator for a temporary permit or exception.

In evaluating applications for temporary permits or exceptions, the Administrator shall consider the inputs from the Code Enforcement Officer, the Chief of Police, as well as the general public.

Applications for an exception or temporary permit shall supply all the information identified in Appendix A.

In authorizing an exception, the Administrator shall:

Require that written notice by certified mail be given to all properties within 100 feet of the property seeking the exception or temporary permit. Such written notice must be delivered at least 10 days in advance of the event of interest.

Specify any additional mitigation measures or public notice requirements deemed necessary;

 The Administrator shall consider any comments regarding the application and/or similar events which have occurred in the past. In general, it is recommended that no applicant be granted more than two (2) permits for a given property within a 28 day period.

The temporary permit or exception may be revoked by the Administrator and

the issuance of future permits withheld, if there is:

Violation of one or more conditions of the permit;

Material misrepresentation of fact in the application; or

Material change in any of the circumstances relied upon by the Administrator in granting the permit or exception.

Section 8. Enforcement

Any violation of this ordinance shall be a civil violation which shall be prosecuted through the issuance of a civil summons by the Camden Police Department in the same form and manner as prosecution would be the case with a parking violation. Actions shall be prosecuted by the Town Attorney in the county district court.

For the first instance of a violation of these noise standards, a civil fine of $100 maybe imposed. If a second violation occurs within a 2 month period from the first violation, a fine of $200 will be imposed. For all subsequent violations within a 2 year period, the fine will be increased by an additional $100 for each occurrence; 

In addition to civil penalties for any violation of this ordinance, the Court shall require the violator to pay the Town reasonable attorney's fees incurred in connection with the prosecution of the violation, together with costs and filing fees incurred by the Town.

Section 9. Separability

In the event that any provision of this ordinance shall be held illegal, it is the intent that all remaining provisions of this ordinance, which are not declared illegal, shall remain in full force and effect.

Section 10. Appendix A

The following information is required for any application for a temporary permit or exception to the noise level standards contained in Section 4 of this ordinance.

the nature, source, intensity and location of the sound;

the period(s) of time the louder sound levels will occur;

the reason(s) for which the normally permitted levels cannot be met;

any mitigating conditions the applicant will implement to minimize the sound level violations;

the name, address and means of contacting a responsible party during the hours of operation for which the permit or exception is requested 

A temporary permit or exception may also be granted if the Administrator finds that all of the following conditions exist:

There are exceptional or extraordinary circumstances or conditions applying to the applicant’s property or as to the intended use thereof that do not apply generally to other properties in the same zone;

Such exception is necessary for the preservation and enjoyment of a substantial personal or property right of the applicant, such right being possessed by the owners of other properties in the zone;

The authorization of such exception does not endanger public health or safety.