In the Bourbon County minutes from December 19th, 2017, the county voted to buy 2 Caterpillar 120M2 road graders. Presumably, those are still being used. According to the spec sheet, these tractors are 8 meters long and produce 106 dB when measured in accordance with ISO 6395:2008. That ISO standard says that noise levels for equipment that is 8 meters long should be measured from 16 meters away.
If a sound is 106 dB at 16 meters (~52 feet), it will be right around 102.9 dB at 75 feet.
Feel free to double-check my math. Here is the sound attenuation formula I used.
According to Bourbon County Ordinance 50-25, which Tran and Beerbower voted for, but Milburn voted against, the following is illegal:
Any noise greater than 55 dB outdoors (7 a.m. to 10 p.m.) near sensitive areas (residences)….These measurements recorded within 75 feet from the source shall be prima facie evidence of a violation of this section.
The ordinance goes on to say that any person violating this ordinance is subject to a fine of not more than $500, with a new offense (and presumably another fine) for each day the violation is repeated.
Best I can tell, our elected officials have passed an ordinance that makes it illegal to operate a road grader during the day on roads where there is a house. Does the county buy new road graders that are smaller and quieter? Do the roads need to be graded by hand or mules now? Are all the roads in the county going to be paved so road graders are no longer needed? Who pays the fine? Is it the operator or the county commissioners?
Fortunately, the stakes are low for this particular ordinance. If the county ever tries to fine someone (or fine themselves) for breaking this ordinance and it ends up in court, I’m sure a judge would have a good chuckle, asking the two commissioners what they were thinking when someone they tried to fine $500 points out all the county operations that fall under the wide umbrella of 50-25.
It is silly and kind of funny. To be fair, everyone makes mistakes. Many mistakes are what we call honest mistakes. Other mistakes are considered negligence. The difference is whether the decision-maker acted with prudence or recklessness. Neither of the two commissioners who voted for it thought to ask, “How loud is the equipment the county operates compared to what we are trying to outlaw?” Neither of the two commissioners who voted for it thought to ask, “How loud is my air conditioner?” Neither of the two commissioners who voted for it thought to follow their lawyers’ advice when he suggested the proposal be given to the planning committee for consideration of the potential impact.
What do you think? Is 50-25 an honest mistake, or is it a sign of recklessness?
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