Lowell Code Section 204-5G expressly exempts aircraft operated in conformity with federal law and FAA air traffic control from the city's noise prohibitions. Aircraft in-flight noise is federally preempted, so no Lowell-specific decibel limit applies to overflights at the Lowell Executive Airport area.
Aircraft noise is not regulated by Lowell's substantive noise limits because federal law occupies the field of aircraft operations and airspace management (49 U.S.C. Section 41713; City of Burbank v. Lockheed Air Terminal). Chapter 204 reflects this in Section 204-5G (Exemptions), which exempts 'any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations, and air traffic control instruction used pursuant to and within the duly adopted federal air regulations,' as well as any aircraft 'operating under technical difficulties, in any kind of distress, under emergency orders of air traffic control or being operated pursuant to and subsequent to the declaration of an emergency under federal air regulations.' Section 204-3 also instructs that 'aircraft and other transportation noise sources' shall not be considered when taking sound measurements except where they interfere with the primary noise being measured. Practically, complaints about aircraft over Lowell (including the nearby Lowell Executive Airport in Chelmsford) are addressed through the FAA and the airport proprietor rather than through Chapter 204.
None under Lowell ordinance - aircraft operated in compliance with FAA regulations are exempt (Section 204-5G). Noise complaints route to the FAA/airport proprietor; airport-proprietor curfews, if any, are enforced by the airport, not the city.
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