[HISTORY: Adopted by the City Council of the City of Glenarden 1-11-2010 by Ord. No.
O-03-2010. Amendments noted where applicable.]
This chapter shall be known as the "Noise Control Ordinance
for the City."
A.
Purpose. The purpose of this chapter is to ensure that the public
health, safety and welfare shall not be abridged by the making and
creating of public nuisances from disturbing, excessive or offensive
noises in the City. The residents of the City recognized that uncontrolled
noise represents damage to the health and welfare of themselves and
their neighbors and that each resident of the community is entitled
to live in an environment in which the level of impulse and amplified
noise is minimized for the community good. This chapter attempts to
foster mutual respect among all residents and to establish a community
position against noise pollution.
B.
Scope. This chapter applies to all persons, property, animals, equipment,
appliances, instruments and other sound-emitting devices, as regulated
herein.
C.
Relationship to other regulations. The provisions of this chapter
are not intended to interfere with, abrogate or annul other laws,
rules, regulations, or ordinances, including any applicable laws of
the state, county, or ordinances of the City. If more stringent standards
concerning noise abatements are contained in other laws, rules, regulations
or ordinances, the more stringent standards shall apply.
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources, near and far.
A unit for describing the amplitude of sound, equal to 20
times the logarithm to the base 10 of the ratio of the pressure of
the sound measured to the referenced pressure, which is 20 micronewtons
per square meter.
Work performed for the purpose of preventing or alleviating
physical trauma or property damage threatened or caused by an existing
or imminent peril.
Any sound emitted by a person, animal, appliance, equipment,
instrument, or other device.
Any sound which endangers or injures the safety or health of humans or animals, or noise that disturbs a reasonable person of normal sensitivities, or endangers, injures or seriously interferes with the quiet enjoyment or reasonable use or real or personal property, or exceeds the limits set out in § 112-6.
Includes an individual, firm, association, organization,
partnership, trust, company, corporation or any similar entity.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting networks such as A, B
or C as specified in ANSI specifications for sound level meters. If
frequency weighting employed is not indicated, the A-weighing shall
apply.
An instrument including a microphone, amp, output meter and
frequency waiting networks for the measurement of noise and sound
levels in a specified matter.
A.
It shall be unlawful for any person to make, continue or cause or
allow to be made or continue any noise disturbance.
B.
For the purpose of this chapter, noise disturbances include, but
are not limited to, the following:
(1)
Horns, signaling devices and the like. The sounding of any horn or
signaling device of any motor vehicle on any public place of the City,
continuously or intermittently, except as a danger or emergency warning.
(2)
Radios, phonographs and the like. The using, operating or permitting
to be played, used or operated any radio receiving set, musical instrument,
phonograph or other machine or device for the producing or reproducing
of sound in such manner as to disturb the peace, quiet and comfort
of the neighboring inhabits or at any time with louder volume than
is necessary for convenient hearing for the person or persons who
are in the room, vehicle or chamber in which such machine or device
is operated and who are voluntary listeners thereto. The operation
of any such set, instrument, phonographs, machine or device between
the hours of 11:00 p.m. and 7:00 a.m., in such a manner as to be plainly
audible at a distance of 50 feet from the building, structure or vehicle
in which it is located, shall be prima facie evidence of a violation
of this chapter.
(3)
Yelling, shouting and the like. Yelling, shouting, hooting, whistling
or singing on the public streets, particularly between the hours of
11:00 p.m. and 7:00 a.m., or at any time or place 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)
Fireworks, explosives and the like. The use of fireworks or other
explosives so as to be unreasonably loud, raucous, jarring, disturbing
or a nuisance to persons of reasonable sensitivities within the area
of audibility.
(5)
Animals, birds and the like. The keeping of any animal or bird which
by causing frequent or long-continued noise shall disturb the comfort
or repose of any persons in the vicinity.
(6)
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.
(7)
Noisy vehicles. The use of any automobile, motorcycle or other vehicles
so out of repair, so loaded or in such a manner as to cause loud and
unnecessary grading, grinding, rattling or other noise.
(8)
Drums, loudspeakers, or other instruments. The use of any drum, loudspeaker
or other instrument or device for the purpose of attracting attention,
by creation of noise, to any performance, show, sale or display of
merchandise.
(9)
Loading, unloading, opening boxes. The creation of a loud and excessive
noise in connection with loading or unloading any vehicle or the opening
and destruction of bails, boxes, crates and containers.
(10)
Noise near schools, courts, churches, or hospitals. The creations
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while same is in use, or adjacent to
any hospital, which unreasonably interferes with the workings of such
institution or which disturbs or unduly annoys patients in the hospital.
None of the terms of prohibitions of this chapter shall apply
to or be enforced against:
A.
All safety signals and warning devices (for example, intrusion alarms,
backup alarms on trucks); authorized vehicles when responding to emergencies
(for example, police, fire and ambulance); or any other device used
to alert persons to an emergency or used during the conduct of emergency
work.
B.
The provision, repair and maintenance of municipal services or public
utilities.
C.
Bells, chimes or carillons used in conjunction with religious purposes,
national celebrations or public holidays.
D.
Excavations or repairs on bridges, streets or highways by or on behalf
of the City, county or state during the night when the public welfare
and convenience renders it impossible to perform such work during
the day.
E.
Musical, recreational and athletic events conducted by schools, local
government and nonprofit entities.
F.
Construction operations from 7:00 a.m. to 6:00 p.m. on weekdays for
which building permits have been issued or construction operations
not requiring permits due to ownership of the project by an agency
of government, providing all equipment is operated in accordance with
manufacturers' specifications and with all standard equipment,
manufactures' mufflers and noise-reducing equipment in use and
in properly operating conditions.
G.
Lawn mowers and agricultural equipment used between 7:00 a.m. and
9:00 p.m. when operated with all the manufacturers' standard
mufflers and noise-reducing equipment in use and in properly operating
condition.
H.
Activities permitted by permit, as provided herein, according to
the terms and conditions of said permit.
A.
Generally. No person shall make, continue, or cause or allow to be made or continued any noise disturbance as set forth in § 112-4B which exceeds the sound level limits set forth in Table 1 below when measured as hereinafter set forth. Any noise disturbance exceeding the level set forth for the appropriate zoning category in Table 1 shall constitute a per se violation of the more general standards set forth in § 112-4B, but not exceeding the level set forth Table 1.
|
Table 1.
Sound Levels By Zoning District
| |||
|---|---|---|---|
|
Zoning District of Property on Which Source of Noise Located
|
Sound Level
(7:00 a.m. to 9:00 p.m.)
|
Sound Level
(9:00 p.m. to 7:00 a.m.)
| |
|
Residential (Zoning Districts R-R, R-80, R-55, R-T, R-20, R-18)
|
65 db(A)
|
65 db(A)
| |
|
Commercial (Zoning Districts C-G, C-S-C, C-H)
|
75 db(A)
|
65 db(A)
| |
|
Industrial (Zoning District I-1)
|
80 db(A)
|
75 db(A)
| |
B.
When exceeded. The sound level limits set forth in Table 1 above
shall be exceeded when any one or more of the following occur:
(1)
The sound level at any one point in time exceeds any of the established
zone limits in Table 1 above by a measured level of 15 db(A); or
(2)
The sound level exceeds any of the established limits in Table 1
above by a measured sound level of 10 db(A) for cumulative total of
one minute or more out of any ten-minute period; or
(3)
The sound exceeds, except in the industrial districts, any of the
established zone limits in Table 1 above by a measured sound level
of three db(A) continually for a period of five minutes, or a total
of five minutes of any ten-minute period.
C.
Ambient sound. In the event the background ambient sound levels in
the area of suspected noise disturbance exceed the level set forth
in Table 1 above, the sound level of the intrusive sound source shall
be measured with the ambient level being substituted as the Table
1 sound level.
D.
Location of measurement. For the purpose of this section, sound shall
be measured at or within the property line (boundary) of the property
receiving the noise or not less than 20 feet from the source of the
sound when the sources are in a public right-of-way.
E.
Measuring instrument. All sound measurements shall be made on a sound
level meter calibrated in the manner required by the manufacturer's
specifications.
A.
Applications for a permit for relief from the noise level designated
in this chapter on the basis of undue hardship may be made to the
City Manager or his/her duly authorized representative. Any permit
granted by the City Manager hereunder shall contain all conditions
upon which said permit has been granted and shall specify a reasonable
time that the permit shall be effective. The City Manager or his/her
duly authorized representative may grant the relief as applied for
if he/she finds:
(1)
That additional time is necessary for the applicant to alter or modify
his/her activity or operation to comply with this chapter; or
(2)
The activity, operation or noise source will be of a temporary duration
and cannot be done in a manner that would comply with other sections
of this chapter; and
(3)
That no other reasonable alternative is available to the applicant.
B.
The City Manager may prescribe any conditions or requirements he
deems necessary to minimize adverse effects upon the community or
surrounding neighborhood.
The provisions of this chapter shall be enforced in the same
manner as other violations of the City Code of Ordinances. Any person
violating any of the provisions of this chapter shall be deemed guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than $50 nor more than $250 for each offense, and each day that
such violation continues shall constitute a separate offense. This
chapter and the foregoing penalties shall not be construed to limit
or deny the right of the City or any person to such equitable legal
remedies as may be available by law.
