Community, D.C. Agencies Meet About Noise Issue

After much finger-pointing and hand-wringing by the various city departments, we finally meet face-to-face. The noisemakers were invited to attend, but declined at the last minute, according to MPD Inspector Andy Solberg. Here are the minutes of the meeting:

August 30, 2005

PLACE:
Sherwood Recreation Center
Second Floor Community Room
10th and G Streets, NE

PARTICIPANTS:
* Inspector Andy Solberg, Metropolitan Police Dept.
* Nick Majette, Office of the Attorney General
* Marvin McFadden, Dept. of Transportation
* Marc Lesnick, resident of 700 block of 8th St NE
* Jane Willkomm, resident of 700 block of 8th St NE
* Tom Foggin, resident of 700 block of 8th St NE
* N.L. Shabazz, resident near 9th and K Streets NE
* Joe McCarley, Dept. of Consumer & Regulatory Affairs
* Larry Carr, Dept. of Consumer & Regulatory Affairs
* Mandoza Lowery, Dept. of Consumer & Regulatory Affairs
* Dave Klavitter, resident of 700 block of 8th St NE
* Donna Anaya, resident of 700 block of 8th St NE
* David Cohen, resident of 700 block of 8th St NE
* Anthony Rivera, Advisory Neighborhood Commissioner (6C)
* Daniel Pernell, Advisory Neighborhood Commissioner (6C)
* Peter Jones, Office of Neighborhood Services
* M.F. Fields, resident
* Officer Michelle Ridlehoover, Metropolitan Police Dept.
* Randy Brandt, resident of 700 block of 8th St NE

SUMMARY:
* Representatives of the Saturday noisemaking group were invited to the meeting by MPD, but Inspector Solberg said they informed him Monday morning they would be unable to attend.

* MPD Inspector Andy Solberg moderated the discussion.

* Solberg stated that for at least more than a year, the noisemaking group has assembled on nearly every Saturday afternoon for usually more than four hours on the southeast corner of 8th and H Streets NE for religious speech. The group uses a powered amplifier, which is pointed south on 8th Street NE.

* The residents of the 700 block of 8th Street NE reiterated their goal is to reduce noise and said the desired outcome would be for the noisemaking group to simply stop using the amplifier. They underscored support for the rights to free speech and religion. Everyone agreed that noise is the issue.

* Resident Dave Klavitter reported that Advisory Neighborhood Commissioners Anthony Rivera (6C), Joseph Fengler (6A), and Michael Sherman (6C) have expressed support for compliance with the noise ordinance. Commissioner Rivera said he has several times personally interceded to ask the group to turn off the amplifier, with little or no results.

* Inspector Solberg said no permits have been issued to the noisemaking group, nor is one required for them to assemble or speak on the corner.

* DDOT's Marvin McFadden said he would review possible space and safety violations caused by any extension cord used to power the amplifier.

* DCRA Inspector Mandoza Lowery said he has measured noise levels on June 18 and Aug. 27. Both times the noise levels exceeded the limits stated in D.C. Municipal Regulations and the group was cited. After the Aug. 27 citation was issued, the group ceased using the amplifier for the remainder of that day.

* DCRA agreed to dispatch noise inspectors (Mandoza Lowery) to the scene every Saturday. If not in compliance, the group will receive escalating fines. It was mentioned that non-payment of fines could lead to an arrest warrant issued against the group's leader, which would be enforced by MPD. Precedence for this type of arrest in a previous noise issue handled by DCRA was described.

* MPD could issue a 61D citation using a reasonable person noise standard; if it is determined that H Street is outside the city council defined central business district. Discussion by Solberg indicated that this was not the preferred method for dealing with the problem, however.

* Inspector Solberg said MPD Officer Michelle Ridlehoover would be the main MPD contact.

* Further developments and actions regarding this issue will be communicated via this email list.

* Meeting adjourned.

D.C. Municipal Regulations on Noise

After numerous requests of the various city agencies, I finally receive the text of the District of Columbia Municipal Regulations. They were sent to me by Denise Wiktor, public space manager, Public Space Management Administration of the District Department of Transportation:

20-2713. ENFORCEMENT: PENALTIES

2713.1 Any person who is aggrieved by a violation of any provision of the Act may complain to the Metropolitan Police Department which shall enforce the provisions of this Act.

2713.2 Prior to issuing a citation or notice of infraction, the Metropolitan Police Officer or other District government official may give a verbal warning to the violator and allow the violator a reasonable time to cease violating the Act.

2713.3 Any person who violates any provision of the Act shall be punished by a fine not to exceed three hundred dollars ($ 300) or imprisonment not to exceed ten (10) days, or both. In the event of any violation of or failure to comply with the Act or any section of the Act, each and every day of such violation or failure shall constitute a separate offense, and the penalties described in the Act shall be applicable to each such separate offense.

2713.4 Officers of the Metropolitan Police Department are authorized to enforce the provisions of the Act by issuing a notice of civil infraction for a violation of the Act that constitutes a noise disturbance pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42, D.C. Code § 6-2701 et seq.).

2713.5 Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of Chapter 27 or 28, pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985. Adjudication of any infraction of Chapter 27 or 28 shall be pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985.

20-2714. CIVIL ENFORCEMENT

2714.1 Any person may commence a civil action in a court of competent jurisdiction on his or her own behalf for injunctive relief, to enforce a requirement, or to order the Mayor to perform a non-discretionary act against any person (including the District government to the extent permitted by the Eleventh Amendment of the U.S. Constitution) who is alleged to be the following:

(a) In violation of any requirement of the Act;

(b) In violation of any order issued by the Mayor with respect to any requirement of the Act; or

(c) Engaged in any act prohibited by the Act.

2714.2 No action shall be taken under the provisions of this section prior to ten (10) days after the plaintiff has given notice of the violation to the Mayor, and to any alleged violator of the requirements.

2714.3 No action shall be taken under the provisions of this section if the Mayor has commenced and is diligently prosecuting a civil action in a court of competent jurisdiction in the District of Columbia to require compliance with the Act.

CDCR 20-2800 (2005)

20-2800. MUSICAL INSTRUMENTS, LOUD SPEAKERS, AMPLIFIERS, AND UNAMPLIFIED VOICES

2800.1 Noise resulting from musical instruments, loud speakers, amplifiers, and unamplified voices shall not exceed the maximum noise levels contained in this section.

2800.2 It shall be unlawful for any person to make, continue, or cause to be continued any noise disturbance by the operation, use, or playing of any musical instrument or device, loud speaker, sound amplifier, or other similar device, or unamplified voice, for the production or reproduction of sound on private property or public space.

2800.3 Parades and public gatherings conducted pursuant to a permit issued by the Metropolitan Police Department (as provided for in 24 DCMR Chapter 7) are exempt from the noise disturbance limitation.

20-2900. GENERAL PROVISIONS

2900.1 The purpose of this chapter is to establish standard testing procedures for measuring noise levels as prescribed under the provisions of Chapters 27 and 28 of this subtitle, the D.C. Noise Control Act of 1977 (D.C. Law 2-53, March 23, 1978).

2900.2 The intent of this chapter shall be to do the following:

(a) Specify straight-forward procedures that are applicable to the large majority of expected situations; and

(b) Specify the limits of applicability of those procedures, such as situations in which acoustical specialists or specialized equipment may be required to supplement the procedures.


2900.3 The measurement procedures provided in this chapter shall be reviewed periodically with reference to changes in the practice of noise measurement, instrumentation, District code, and legal precedent.

2900.4 The measurement of noise produced by motor vehicles in transit shall be prescribed by District and federal laws. Enforcement by police officers shall be provided by District law.

2900.5 Any situation in which the noise source cannot be demonstrated to increase the total noise at the measurement point by at least four (4) dB(A) over the ambient level shall be considered unmeasurable by the techniques described in this chapter.

2900.6 Any situation in which readings exceed the statutory limits, but are less than the statutory limit plus the grace limit, the noise shall be measured with more specialized or more accurate equipment prior to deciding whether the source is in compliance with the Act.

2900.7 When readings exceed the statutory limits, but are less than the statutory limit plus the grace limit, consultation with qualified professional personnel shall be required.

CDCR 20-2905 (2005)

20-2905. MEASUREMENT PROCEDURES

2905.1 Unless impracticable, earphones shall be used occasionally while noise measurements are being taken as a periodic check to ensure that the meter is responding properly to the noise source being monitored.

2905.2 In the case of steady (including intermittent, slowly fluctuating, or quasi-steady) noise, a measurement of the ambient noise level shall be required.

2905.3 If the ambient noise level of steady noise is within ten (10) dB(A) of the source sound level, the corrections specified in the table of §2905.7 of this section shall be applied to determine the noise level due solely to the source being investigated, and the source shall be interpolated as necessary.

2905.4 If the ambient level of steady noise is less than three (3) dB(A) from the noise source, no correction may be made and measurements cannot indicate true source noise level.

2905.5 Before citing a violation of a noise limit which may not be exceeded regardless of duration, a two and five tenths (2.5) dB(A) grace shall be allowed to account for all possible meter inaccuracies.

2905.6 Several measurements showing a violation shall be taken with at least twenty (20) seconds between each measurement.

2905.7 The following table shall be used for making corrections to measured ambient sound pressure levels: Difference (in decibels) Correction (in decibels) to be subtracted between sound pressure level from sound pressure level measured with measured with sound source sound source operating to obtain sound operating and ambient sound pressure level due to sound source along pressure level along dB(A) dB(A)

Less than 4 Measurement can not be made
4 2.2
5 1.7
6 1.3
7 1.0
8 0.8
9 0.6
10 0.4
more than 10 .0

20-2999. DEFINITIONS

2999.1 The meanings ascribed to the definitions appearing in § 2799.1 of Chapter 27 of this subtitle shall apply to the terms in this chapter.

2999.2 In addition to the definitions cited in Chapter 27, the following words shall have the meaning ascribed:

Ambient - the noise remaining when the source being measured is turned off.

Calibration, external - the testing under controlled conditions of the sound level monitoring system, by use of a calibration device, whose input sound pressure level and frequency are accurately known, for the purpose of ascertaining the accuracy of the system at the input level and frequency within the meaning of the Act. The system includes a microphone, microphone cable, and sound level meter and its internal components.

Descriptors, acoustical - the following descriptors are often used:

dB(A) - A-weighted sound level measured in decibels;

L[d] - daytime equivalent A-weighted sound level between the hours of 0700 and 2100;

L[dn] - day-night average sound level; the twenty-four hour (24) weighted equivalent sound level, with a ten (10) decibel penalty applied to nighttime levels;

L[eq] - equivalent A-weighted sound level over a given period of time;

L[eq](1) - the L[eq](1) is used in measuring construction noise and is the value of a steady state sound which has the same A-weighted average sound energy as that contained in a time varying sound. In this case, it is the equivalent sound level measured over a one (1) hour period. It is measured best with a statistical noise analyzer;

L[n] - nighttime equivalent A-weighted sound level between the hours of 0700 and 2100;

L[max] - maximum A-weighted sound level for a given time interval or event; and

L[x] - x percent sound level, the A-weighted sound level equaled or exceeded x% of time. For example: L[10]: sound level exceeded ten (10%) percent of time (usually the loudest level): L[50]: sound level exceeded fifty percent
(50%) of time; and L[90]: sound level exceeded ninety percent (90%) of the time (usually the quietest level).

External Calibration - the testing under controlled conditions of the sound level monitoring system, by use of a calibration device, whose input sound pressure level and frequency are accurately known for the purpose of ascertaining the accuracy of the system at the input level and frequency within the meaning of the Act. The system includes a microphone, microphone cable, sound level meter and its internal components).

Intermittent noise - a noise that goes on and off but that is steady while it is on.

Large reflecting surface - a surface that may cause an interference with the noise measurements being taken (a wall, for example).

Pure tone - a single frequency that predominates to the extent that it is audible. Pure tones are characterized by the following: a hum, moan, howl, whine, or whistle, depending on their frequency.

Qualified - calibrated by an authorized acoustical standards laboratory or an authorized factory representative.

Quasi-steady noise - a rapid series of impulses that has the same effect on the sound level meter as a steady noise.

Qualification - a comprehensive series of tests (including calibration using the full frequency response of a microphone, plus meter, plus A-weighted
network) demonstrating compliance with ANSI specifications in addition to, but not required, calibration within the meaning of the Act.

Rapidly fluctuating - continuous noise whose level varies rapidly over a range greater than three (3) dB(A) read on the fast scale during the course of the measurements.

Slowly fluctuating - continuous noise whose level varies slowly over a range greater than three (3) dB(A) read on the slow scale during the course of the measurements.

Steady noise - a noise whose level varies less than three (3) dB(A) read on the slow scale during the course of the measurements.

Source of violation - consists of a single source, or of several distinct sources if all are being operated on the property from which the noise originates.

History of Regulations since Last Compilation by Agency (February 1997)

Neighbors, City Schedule Meeting to Address Noise Issue

After years of frustration, nine months of recent effort, and a blizzard of emails, MPD First District Inspector Andy Solberg and I agree to organize a meeting of all affected parties. We believe a live meeting will harmonize the patchword of regulations, agencies and people to resolve this lingering and apparently complex problem that continues to hinder the quality of life for the people living near the intersection of 8th and H Streets NE.

I ask Inspector Solberg to please moderate the meeting. He agrees. We establish this outline for the meeting.

DATE:
Monday, August 29

TIME:
7 p.m.

PLACE:
Sherwood Recreation Center
Second Floor Community Room
10th and G Streets, NE

INVITED PARTICIPANTS:
* Residents of 700 block of 8th St NE
* Representative of noisemaking group
* Metropolitan Police Department
* MPD Corporate Counsel
* Department of Consumer & Regulatory Affairs
* Advisory Neighborhood Commissioners (ANC6C and ANC6A)
* Office of Ward 6 Councilmember Sharon Ambrose
* District Department of Transportation

AGENDA:
* Introductions.
* Review issue's history and summarize latest developments.
* Determine exactly what statutes and/or regulations are being violated.
* Develop step-by-step action plan with responsibilities for resolving the issue.
* Establish follow-up and communication process.