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ENVIRONMENTAL NOISE CONTROL 13-1. Definitions. 13-2. Standards. 13-3. Loud Noise Prohibited. 13-4. Exemptions. 13-5. Penalty.
(a) "Commercial Land Use." Property zoned or used for the sale of goods or services or for office uses. (b) "dBA." Abbreviation for the sound level in decibels determined by the A-weighting network of a sound level meter or by calculations from octave band or 1/3 octave band data. (c) "Daytime." Between 7:00 a.m. and 10:00 p.m., local time. (d) "Decibel (db)". A unit of measure equal to ten times the logarithm to the base ten of the ratio of a particular sound pressure squared to a standard reference pressure squared. For the purpose of this chapter, twenty (20) micropascals shall be the standard reference pressure. (e) "Industrial Land Use." Property zoned or used for manufacturing or storing goods. (f) "Nighttime." Between 10:00 p.m. and 7:00 a.m., local time. (g) "Person." Any individual, group, firm, association, agency or other entity. (h) "Residential Land Use." Property zoned or used for dwellings. (i) "Sound." An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency. (j) "Sound Level." The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply. (k) "Sound Level Meter." An instrument designed to measure noise levels, meeting American National Standards Institute S1-4-1971 - Specifications for Type 2 Sound Level Meters. Sec. 13-2. Noise exceeding measurable standards. (a) It is prohibited for any person located within the City to make any noise or operate any sound amplifier on any property owned or occupied by such person, or to permit any noise to be made or any sound amplifier to be operated on property owned or occupied by such person, so as to be clearly audible to any person located beyond the property line of such property at a level higher than those set forth in subsection (b) of this section, as such sound may be measured from (a) any point along the front line of the property or any part of the perimeter property line upon which the noise is being made or generated or (b) any place on adjacent property, provided that the person measuring the sound shall first obtain the permission of the adjacent property owner to enter upon said property. (b) The noise prohibited in subsection (a) of this section shall include noise exceeding the following standards:
(c) The equipment and techniques employed in the measurement of noise levels may be those recommended by the Maryland Department of the Environment, which may, but need not, refer to currently accepted standards or recognized organizations, included but not limited to, the American National Standards Institute (ANSI), American Society for Testing and Materials (ASTM), Society of Automotive Engineers (SAE), and the United States Environmental Protection Agency (EPA) (a) In addition to the prohibition set forth in Section 13-2 of this Chapter, unless it is for the purpose of necessary property maintenance during the daytime, it shall be unlawful, at any hour during the daytime or nighttime, for any owner or occupant of real property located within the City to make or generate any loud or raucous sound on said property, or to permit any loud or raucous sound to be made or generated on said property, or for any person to make or generate any loud or raucous sound on public property, so as to cause unreasonable annoyance to or disturbance to others living or located nearby. The following, among others, are declared to be loud and unnecessary noises in violation of this ordinance, but said enumeration shall not be deemed to be exclusive, namely: (1) Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. (2) Loud speakers, amplifiers for advertising. The using, operating or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is broadcast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure, or for any other purpose so as to annoy the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence, or of any persons in the vicinity. (3) Yelling, shouting, etc. Yelling, shouting, hooting, whistling, using profanity or obscene or unreasonably offensive language or singing so as to annoy or disturb the quiet, comfort, or repose of persons in any office or in any dwelling, hotel or other type of residence, or of any persons in the vicinity. (4) Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the quiet, comfort or repose of any persons in the vicinity. (5) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (6) Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise. (7) Loading, unloading, opening boxes. The creation of a loud an excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers. (8) Construction or repairing of buildings. The erection (including excavation), demolition, alteration or repair of any building or structure other than between the following hours: Monday through Friday 7:00 a.m. and 6:00 p.m. Saturday and Sunday 9:00 a.m. and 6:00 p.m. (9) Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors and/or bells and music emanating from any vehicle or equipment used by a peddler, hawker or vendor, that disturb the peace and quiet of the neighborhood. (10) Drums or other instruments. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale or for any other purpose so as to annoy the quiet, comfort or repose of persons in the vicinity. (11) Metal rails, pillars and columns, transportation thereof. The transportation of rails, pillars or columns of iron, steel or other material, over and along streets and other public places upon carts, trays, cars, trucks, or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places. (12) Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise. (13) Lawn, garden, home and auto maintenance tools and equipment. The operation of any lawn, garden, home or auto maintenance tools or equipment which causes noise due to the use of internal combustion or electric engines or pneumatic power so as unreasonably to annoy the quiet, comfort or repose of persons in the vicinity. (b) The generation of noise prohibited by subsection (a) of the section is a municipal infraction subject to the penalty set forth in Section 13-5 of this Chapter; provided however that no municipal infraction citation shall be issued except upon the observation of circumstances constituting a violation of this section by a City Code Compliance Officer or upon the submission of written complaints to the City, on an affidavit form obtained from the City, by at least two witnesses residing in separate households, each of whom must be at least eighteen years of age and have personal knowledge of the alleged violation. (a) This Chapter shall not apply to activities or events conducted or sponsored by the City, including, without limitation, the Ice Rink, the Allen Pond concerts, the 4th of July parade and fireworks, and the like including functions at the Belair Mansion and Belair Stables. (b) The provisions of this Chapter shall not apply to sound equipment used by Public Service Companies as defined in Article 78 of the Annotated Code of Maryland, or to federal, state or local governmental agencies. (c) This Chapter shall not apply to sound not electronically amplified by sporting, amusement, and entertainment events and other public gatherings operating according to terms and conditions of the appropriate local jurisdictional body. This includes but is not limited to athletic contests, amusement parks, carnivals, fairgrounds, sanctioned auto racing facilities, parades and public celebrations. This exemption only applies between the hours of 7:00 a.m. and 12:00 midnight. (Sec. 13-4 amended by Ordinance O-25-91, effective 11/20/91.) (d) This Chapter shall not apply to the erection (including excavation), demolition, alteration or repair of any building or structure between the hours of 6:00 p.m. and 7:00 a.m. on Weekdays and 6:00 p.m. and 9:00 a.m. on weekends where it is necessary for public health and safety to allow such activity, and then only with prior written permission from the City Manager. Said permission may be granted by the City Manager for a period not to exceed three (3) days. If the emergency continues, said permission may be renewed for a period of three (3) days. If the City Manager determines that the public health or safety will not be imparted by the excavation of streets and highways at times other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and 9:00 a.m. and 6:00 p.m. on weekends, and if the City Manager further determines that loss or inconvenience would result to any party in interest, the City Manager may grant permission for such work to be done at such times upon written request being made at the time the permit for the work is awarded or during the progress of the work. (Sec. 13-4(d) added by O-1-96, adopted 4/14/96). (a) Violations of this Chapter are municipal infractions, subject to the penalty and enforcement provisions of Chapter 1, Section 1-6 and 2-6(a) of this Code, except that any violation of Subsection (h) of Section 13-3 of this Chapter as a result of new residential or commercial development shall be subject to a fine of $250.00 for the first violation, $500.00 for a second violation, and $1000.00 for each subsequent violation.. (b) Each hour during which a violation of sections 13-2 and 13-3 of this Chapter shall continue to exist shall constitute a separate and additional violation. (Chapter 13, Section 13-1, 13-2, 13-3, 13-5 amended by O-4-00, adopted 11/6/00, effective 12/6/00.) |
 Bowie City Hall |
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