As used in this chapter, the following terms shall have the meanings
indicated:
NOISE DISTURBANCE
Sounds of sufficient volume, character and duration so as to be productive
of actual physical discomfort or annoyance to persons of normal sensibilities.
It is hereby declared to be the policy of the Dorchester County Commissioners
to prevent any unreasonable, loud, disturbing and unnecessary noise. Noise
of such volume and duration as to be detrimental to the life, health, safety
and general welfare of any individual, which annoys or disturbs a reasonable
person of normal sensibilities, or which is contrary to the public welfare,
is prohibited as hereinafter provided.
The following shall be exempt from the provisions of this chapter:
A. The sounding of safety signals and warning devices as
a danger warning in such a manner as would otherwise cause a noise disturbance.
B. The operation by the United States government, the State
of Maryland, Dorchester County, Maryland, the Mayor and Commissioners of the
city, a volunteer fire company, a volunteer ambulance corps or other local
government agency or a public service company as defined by the Annotated
Code of Maryland, Article 78, of a vehicle or equipment in response to an
emergency in such a manner as would otherwise cause a noise disturbance.
C. Producing or emitting noises generated from the provision
of the County Commissioners or its agents in such a manner as would otherwise
cause a noise disturbance.
D. Producing or emitting noise generated by parades, public
gatherings and any other activity which is permitted or sanctioned by the
County Commissioners in such a manner as would otherwise cause a noise disturbance.
E. The sounding of bells, chimes or carillons while being
used for religious purposes or in conjunction with religious services or for
natural or state celebrations or public holidays in such a manner as would
otherwise cause a noise disturbance.
F. Operation between the hours of 6:00 a.m. and 1/2 hour
after sunset of lawn maintenance equipment when it is functioning within manufacturer's
specifications and with all mufflers and noise-reducing equipment in use and
in proper operating condition, in such a manner as would otherwise cause a
noise disturbance.
G. The production or generation of nonamplified crowd noises
resulting from activities, such as those conducted by day-care centers, schools,
governmental or community groups, in such a manner as would otherwise cause
a noise disturbance.
H. The production or generation of electronically amplified
announcements at athletic events in such a manner as would otherwise cause
a noise disturbance.
I. Noises emanated by commercial farming operations, as
such noises are subject to complaints filed under the Dorchester County Right
To Farm Ordinance.
It shall be unlawful for any person to knowingly permit the making,
creation or maintenance of unreasonably loud noises upon any premises owned
or possessed by him or under his control.
The Commissioners shall have the authority to grant variances from the
literal enforcement of this chapter.
A. Written application. Any person seeking a variance from
this chapter shall file a written application with the County Administrator.
B. Appeals. Any party aggrieved by a decision of the Commissioners
may appeal to the Circuit Court for Dorchester County in the manner set forth
in the applicable sections of the Annotated Code of Maryland, as amended.
Violations of this chapter shall constitute a municipal infraction.
Any person, persons or group of persons who shall violate this chapter shall,
upon conviction thereof, be deemed guilty of a misdemeanor and shall be fined
$100 for any single, initial violation, or $200 for each repeat or continuing
violation and/or shall be sentenced to no more than five days of incarceration.
Each day that such a violation continues or reoccurs shall be deemed a separate
offense. The commission of such violation by a corporation, firm or partnership
shall be construed, insofar as is legally permissible, as the commission of
such offenses by any and all officers and/or partners of such corporation,
firm or partnership.
Pursuant to §
44-1 of the Code, the Dorchester County Commissioners hereby designate the Sheriff of Dorchester County as the code enforcement official authorized by the Commissioners to issue citations for infractions hereof.