[HISTORY: Adopted by the Board of County Commissioners 2-27-2001
by Ord. No. 292. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
A.
General prohibitions. It shall be unlawful for any person
or persons to make, continue or cause to be made a noise disturbance within
the county after having been directed or ordered by a police officer to desist
in creating such disturbance, except as provided in this section.
B.
Specific prohibitions. The following acts are hereby
declared to be unreasonably loud noises in violation of this section:
(1)
Horns, radios and similar devices.
(a)
Devices enumerated.
[1]
Horns and signaling devices. The sounding of any horn
or signaling device on any automobile, motorcycle, boat or other vehicle in
the county, except as a danger warning, for any unnecessary or unreasonable
length of time.
[2]
Radios, television sets, phonographs, musical instruments
and similar devices.
(b)
Operation of devices.
[1]
It shall be unlawful to operate or permit the use or operation of any device mentioned in Subsection B(1)(a) for the production or reproduction of sound in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants.
[2]
It shall be prima facie evidence of the violation of
this chapter to operate any such device in a manner whereby the noise is plainly
audible across real property boundaries and/or through partitions common to
parties within a building, or plainly audible at a distance of 50 feet from
such device or the building, structure or vehicle in which it is located.
(2)
Motor vehicles. Operating any vehicle or motorcycle which
is out of repair or does not have a muffler operating within the manufacturer's
specifications in such a manner as to cause a noise disturbance.
(3)
Construction equipment. Operating or causing to be operated
any equipment used in commercial construction, repair, alteration or demolition
work on buildings, structures, streets, alleys, lanes or appurtenances thereto
between the hours of one-half hour after sunset and 6:00 a.m. the following
day in such a manner as to cause a noise disturbance, except as permitted
or sanctioned by the County Commissioners.
(4)
Power equipment. Operating or causing to be operated
any power saw, sander, drill, grinder, garden equipment or tools of a similar
nature outdoors between the hours of 1/2 hour after sunset and 6:00 a.m. the
following day in such a manner as to create a noise disturbance.
(5)
Unamplified human voice. Using the unamplified human
voice by yelling, shouting or by any other means in such a manner as to cause
a noise disturbance.
(6)
Security alarms. Activation of an audible security alarm
for a period in excess of 15 minutes.
(7)
Marine vessels. The operation of any boat with a motor,
or other marine vessel, excepting boats operated by commercial watermen, unless
equipped with an adequately muffled exhaust system, or the use of any siren
or other noise-producing or noise-amplifying instrument or mechanical device
on a boat in such a manner that the peace and good order of the neighborhood
is disturbed; provided, however, that nothing in this section shall be construed
to prohibit the use of whistles, bells or horns as signals as required by
the United States Motor Boat Act or other state or federal laws for the safe
navigation of motor boats or vessels.
(8)
Domestic animals.
(9)
Mechanical equipment mounted on vehicles.
(10)
Aircraft which maintains its flight pattern in limited
or small airspace.
(11)
Any other noise which is deemed to be a noise disturbance
as defined herein, except for noises which are otherwise exempted in this
chapter.
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.
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.
