[HISTORY: Adopted by the Mayor and Council
of the City of Crisfield 3-9-1994 by Ord. No. 477. Amendments noted where
applicable.]
It shall be unlawful for any person to make,
continue or cause to be made or continued any loud, unnecessary or
unusual noise or any noise which endangers the health, safety or welfare
of the community or which annoys, disturbs, injures or endangers the
comfort, rest, health, peace or safety of others within the City of
Crisfield.
The following acts, among others, are declared to be loud, unnecessary and disturbing and a danger to the health, safety and welfare of the community and its people, in violation of § 74-1, but the enumeration shall not be deemed to be exclusive:
A.
Using, operating or permitting to be played, used or operated any radio, television, hi-fi, stereo, phonograph or other machine or device for the producing or reproducing of sound in a manner as to disturb the peace, quiet and comfort of any persons in the vicinity as set forth below in § 74-2.1, Noise standards.
[Amended 7-23-2008 by Ord. No. 584]
B.
Yelling, shouting, hooting, whistling or singing or
the making of loud and disturbing noises by the use of clappers, bells,
horns, musical instruments or similar devices at any time or place
so as to unreasonably annoy or disturb the quiet, comfort or rest
of any person in any residence, hospital, school, place of business,
street or public place.
C.
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.
D.
The use of any automobile, motorcycle, truck or vehicle,
so out of repair or loaded, or operated in such a manner, as to create
loud and unnecessary grating, grinding, rattling or other noise.
E.
The creation of loud and excessive noises in connection
with the loading or unloading of any vehicle or the operating or manipulation
of bales, crates and containers.
F.
The operation or use of any power lawn mower, chainsaw,
fencepost driller or the like between the hours of 11:00 p.m. and
7:00 a.m.
G.
Any of the following activities when occurring in
close proximity to residences between 11:00 p.m. and 7:00 a.m.: the
warming up or idling of buses, trucks or tractors and the unnecessary
or unreasonable or repeated idling, acceleration and deceleration
or starting and stopping of automobiles and motorcycles.
H.
Using, operating or permitting to be played, used or operated any receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, tape recorder or other machine or device for the producing or reproducing of sound which is left upon the public streets for the purposes of commercial advertising or for any other purpose except as authorized by the government or in public emergencies, provided that such devices may be employed in connection with nonprofit charitable, educational, civic, religious or recreational activities in accordance with permits first obtained therefor from the City Manager pursuant to § 74-3 hereof.
I.
Outdoor concerts, except in accordance with permits first obtained therefor from the City Manager pursuant to § 74-3 hereof.
J.
The excavation, grading, paving, erection, demolition, alteration or repair of any premises, street, building or structure at any time on Sundays or other than between the hours of 8:00 a.m. and 6:00 p.m. on Saturdays or between the hours of 7:00 a.m. and 6:00 p.m. on all other days, except in case of urgent necessity in the interest of public health and safety, and if the nature of the emergency will admit the prior procurement of a permit, then only in accordance with a permit first obtained from the City Manager as to public street work or any other work, pursuant to § 74-3 hereof. Such a permit may be granted for a period not to exceed three days or less while the emergency continues. Notwithstanding the foregoing, if the Mayor shall determine that the public health and safety will not be impaired by such work within the prohibited hours and that undue hardship would result to any party in interest unless such work within the prohibited hours is permitted, the Mayor may, in his discretion, thereupon grant permission for such work to be done within the prohibited hours on application being made at the time the permit for the work is issued or during the progress of the work. The provisions of this subsection shall not apply to interior or exterior repairs or to interior alterations, the work for which is actually performed by a homeowner or the occupant personally, between the hours of 7:00 a.m. and 11:00 p.m., upon residential premises that are owned by such occupant, provided that the work shall be done without undue noise or disturbance of peace and quiet of the neighborhood.
K.
The creation of any excessive noise on any street
or property adjacent to any school, institution of learning, church
or court while the same is in use or adjacent to any hospital which
unreasonably interferes with the working of such institution or which
disturbs or unduly annoys patients in the hospital.
[Added 7-23-2008 by Ord. No. 584]
A.
Definitions.
(1)
In this chapter, the following terms have the meanings
indicated.
(2)
ANSI
CONSTRUCTION
CURTILAGE
DAY-NIGHT AVERAGE SOUND LEVEL (Ldn)
DAYTIME HOURS
DBA
DECIBEL (dB)
DEMOLITION
CITY
EMERGENCY
ENVIRONMENTAL NOISE
ENVIRONMENTAL NOISE STANDARDS
EQUIVALENT SOUND LEVEL (ALSO AVERAGE SOUND LEVEL)
IEC
NIGHTTIME HOURS
NOISE
NOISE POLLUTION
PERIODIC NOISE
PERSON
PROMINENT DISCRETE TONE
SOUND LEVEL
SOUND LEVEL METER
SOUND PRESSURE
SOUND PRESSURE LEVEL
SOURCE
VIBRATION
ZONING DISTRICT
(a)
(b)
(c)
Terms defined.
American National Standards Institute or its successor bodies.
Any site preparation, assembly, erection, repair, alteration
or similar activity.
The enclosed land surrounding a house or dwelling and includes
all areas maintained in lawn or horticultural plantings and may be
bounded by a fence or wall, but would not typically include areas
more distant than 300 feet from the dwelling unless those areas were
horticulturally maintained and routinely used as areas of personal
refuge, or supported accessory structures that were routinely utilized.
In decibels, the energy average sound level for a twenty-four-hour
day with a ten-decibel penalty applied to noise occurring during the
nighttime period: i.e., noise levels occurring during the period from
10:00 p.m. one day until 7:00 a.m. the next day are treated as though
they were 10 dBA higher than they actually are. The use of the A-weighting
is understood. The mathematical expression for Ldn is as follows:
7:00 a.m. to 10:00 p.m. local time.
Abbreviation for the sound level in decibels determined by
the A-weighing network of a sound level meter or by calculation from
octave band or one-third octave band data.
A unit of measure equal to 10 times the logarithm to the
base 10 of the ratio of the square of the sound pressure to the square
of a standard reference pressure. For the purpose of this subsection,
20 micropascals shall be the standard reference pressure.
Any dismantling destruction, or removal activities.
The City of Crisfield.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
The noise that exists at any location from all sources.
The goals for environmental noise, the attainment and maintenance
of which, in defined areas and under specific conditions, are necessary
to protect the public health and general welfare.
The level of a constant sound which, in a given situation
and time period, would convey the same sound energy as does the actual
time-varying sound during the same period. Equivalent sound level
is the level of the time-weighted, mean-square, A-weighted sound pressure.
A numerical subscript may be used to indicate the time period under
consideration; i.e., 1eq 24 or Leq8 for twenty-four-hour and eight-hour periods, respectively.
No subscript indicates a twenty-four-hour period. The mathematical
expression for the Leq is as follows:
Where t1 and t2 are the beginning and ending times, respectively, of
the period over which the average is determined, and LA(t) is the instantaneous A-weighed sound pressure levels fluctuating
with time.
|
International Electrotechnical Commission.
10:00 p.m. to 7:00 a.m., local time.
The intensity, frequency, duration and character of sound,
including sound and vibration of subaudible frequencies.
The presence of noise of sufficient loudness, character,
and duration, which whether from a single source or multiple sources,
is, or may be predicted with reasonable certainty to be injurious
to health or which unreasonably interferes with the proper enjoyment
of property or with any lawful business activity.
Noise possessing a repetitive on-and-off characteristic with
a rapid rise to maximum and a short decay not exceeding two seconds.
Any individual, group of individuals, firm, partnership,
voluntary association, or private, public, or municipal corporation,
or political subdivision of the state, or department, bureau, agency,
or instrument of federal, state or local government, responsible for
the use of the property.
Any sound which can be distinctly heard as a single pitch
or a set of single pitches. For the purpose of this regulation, a
prominent discrete tone shall exist if the one-third octave band sound
pressure level in the band with the tone exceeds the arithmetic average
of the sound pressure levels of the two contiguous one-third octave
bands by five dB for center frequencies of 500 Hz and above and by
eight dB for center frequencies between 160 Hz and 400 Hz and by 15
dB for center frequencies less than or equal to 125 Hz.
In decibels, the weighted sound pressure level measured by
the use of a sound level meter. Sound level and noise level are synonymous.
The weighting employed shall always be specified.
An instrument, meeting International Electrotechnical Commission
and American National Standards Institute standards comprising a microphone,
an amplifier, an output meter, and frequency-weighting network(s)
that is used for the measurement of sound pressure levels in a specified
manner.
The minute fluctuations in atmospheric pressure which accompany
the passage of a sound wave. Sound pressure is usually measured in
dynes per square centimeter (dyne/cm2),
or in newtons per square meter N/m2), or
in micropascals.
In decibels, 20 times the logarithm to the base 10 of the
ratio of a sound pressure to the reference sound pressure of 20 micropascals
(20 micronewtons per square meter). In the absence of any modifier,
the pressure is understood to be that of a root mean-square pressure.
Any person or property, real or personal, contributing to
noise pollution.
Any oscillatory motion of solid bodies.
A general land use category, defined according to local subdivision,
the activities and uses for which are generally uniform throughout
the subdivision. For the purpose of this regulation, property which
is not zoned "industrial," "commercial," or "residential" shall be
classified according to use as follows:
INDUSTRIALProperty used for manufacturing and storing goods;
COMMERCIALProperty used for buying and selling goods and services;
RESIDENTIALProperty used for dwellings.
B.
General noise regulations.
(1)
Noise and vibration prohibitions.
(a)
A person may not cause or permit noise levels which exceed those specified in Table 2 except as provided in § 74-2.1B(2) or (3) or § 74-2.1B(1)(b) below.
Table 2
| ||||
---|---|---|---|---|
Maximum Allowable Noise Levels (dBA) for
Receiving Land Use Categories
| ||||
Effective Date
|
Day/ Night
|
Industrial
|
Commercial
|
Residential
|
Day
|
75
|
67
|
65
| |
Upon adoption
|
Night
|
75
|
62
|
55
|
(c)
A person may not cause or permit the emission
of prominent discrete tones and periodic noises which exceed a level
which is five dBA lower than the applicable level listed in Table
2.
(d)
A person may not cause or permit, beyond the
property line of a source, vibration of sufficient intensity to cause
another person to be aware of the vibration by such direct means as
sensation of touch or visual observation of moving objects. The observer
shall be located at or within the property line of the receiving property
when vibration determinations are made.
(e)
A person may not operate or permit to be operated an off-road internal-combustion-engine powered recreational vehicle, including, but not limited to, a dirt bike, an all-terrain vehicle, a go cart, a snowmobile, or a similar vehicle, on private property closer than 300 feet to a neighboring residence or the associated cartilage, without the written permission of the affected resident, unless it can be demonstrated to the City that the vehicle can be operated within the noise limits specified in Table 2 under § 74-2.1B(1)(a) of this regulation.
(2)
Exemptions.
(a)
The provisions of this regulation may not apply
to devices used solely for the purpose of warning, protecting, or
alerting the public, or some segment thereof, of the existence of
an emergency or hazardous situation.
(b)
The provisions of this regulation do not apply
to the following:
[1]
Household tools and portable appliances in normal
usage during daytime hours;
[2]
Lawn care and snow removal equipment (daytime
only) when used and maintained in accordance with the manufacturer's
specifications;
[3]
Agricultural field machinery when used and maintained
in accordance with manufacturer's specifications;
[4]
Blasting operations for demolition, construction,
and mining or quarrying (daytime only);
[5]
Motor vehicles on public roads;
[6]
Aircraft and related airport operations at airports
licensed by the Maryland Aviation Administration;
[7]
Boats on state waters or motor vehicles on state
lands under the jurisdiction of the Department of Natural Resources;
[8]
Emergency operations;
[9]
Pile-driving equipment during the daytime hours
of 8:00 a.m. to 5:00 p.m.
[10]
Sound except those sounds that
are electronically amplified, between 7:00 a.m. and midnight, created
by:
[11]
Rapid rail transit vehicles and
railroads;
[12]
Construction and repair work on
public property;
[13]
Air-conditioning or heat pump
equipment used to cool or heat housing on residential property; for
this equipment, a person may not cause or permit noise levels which
exceed 70 dBA for air-conditioning equipment at receiving residential
property and 75 dBA for heat pump equipment at receiving residential
property;
[14]
Household pets on residential
property that are maintained in accordance with local zoning requirements;
[15]
Trap shooting, skeet shooting,
or other target shooting between the hours of 9:00 a.m. and 10:00
p.m. on any range or other property of a shooting sports club that
is chartered and in operation as of January 1, 2001.
[16]
Trash collection operations between
the hours of 7:00 a.m. and 10:00 p.m.;
[17]
The events and gatherings under § 74-2.1B(2)(b)[10] of this regulation include, but are not limited to, athletic contests, amusement parks, carnivals, fairs at fairgrounds, sanctioned auto-racing facilities, parades, and public celebrations.
(3)
Variance procedure.
(a)
Any person who believes that meeting the requirements of § 74-2.1B, above is not practical in a particular case may request an exception to its requirements.
(b)
Requests submitted to the City shall be in writing
and shall include evidence to show that compliance is not practical.
(c)
Upon receipt of a request for an exception,
the City shall schedule a hearing to be held within 60 days.
(d)
The applicant for the exception, at least 30
days before the hearing date, shall advertise prominently the hearing
by placing a notice in a newspaper of general circulation in the subdivision
in which the facility or source for which the exception is sought
is located. The notice shall include the name of the facility or source
and such additional information as the City may require.
(e)
Based upon evidence presented at the hearing, the City may grant an exception to § 74-2.1B, above for a period not to exceed five years under terms and conditions appropriate to reduce the impact of the exception.
(f)
Exceptions shall be renewable upon receipt by
the City of evidence that conditions under which the exception was
originally granted have not changed significantly.
(g)
Applicants shall be responsible for public hearing
costs, as directed by the City, including the hearing advertisement,
facility rental, court reporter, and preparation of the transcript
of the hearing.
(4)
Measurement.
(a)
The equipment and techniques employed in the
measurement of noise levels may be those recommended by the City,
which may, but need not, refer to currently accepted standards or
recognized organizations, including, but not limited to, the American
National Standards Institute (ANSI), American Society for Testing
and Materials (ASTM), Society of Automotive Engineers (SAE), International
Electrotechnical Commission (IEC) and the United States Environmental
Protection Agency (EPA).
(b)
The measurement of noise levels shall be conducted
at points on or within the property line of the receiving property
or the boundary of a zoning district, and may be conducted at any
point for the determination of identity in multiple source situations.
(c)
Sound level meters used to determine compliance
with Regulation 03 shall meet or exceed the specifications for Type
II sound level meters.
A.
The City Manager is charged with the responsibility of issuing permits for the activities requiring permits in accordance with § 74-2 hereof and shall issue permits for such activities if found that the activities will not unduly or unnecessarily annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others, that the activities will not violate any other ordinance or law or create a public nuisance and that the public health and safety will not be endangered thereby.
B.
Permits shall specify the dates and hours of the permitted
activities, which shall not be allowed between the hours of 11:00
p.m. and 7:00 a.m. unless the issuing officer shall determine that
it is in the best interest of the community that the activities take
place wholly or partially during such hours.
C.
The City Manager is authorized to adopt and use such
forms of applications and permits as may be reasonably required in
the performance of his/her duties. Each application for a permit shall
be accompanied by a fee of $5, which shall be payable to the City
of Crisfield.
An applicant for a permit hereunder shall have
the right to appeal to the Mayor and City Council from the denial
of the permit by the City Manager. Such appeal shall be taken by filing
a written notice of appeal addressed to the Mayor and City Council.
Such notice shall be filed within three days after the City Manager
shall have notified the applicant of the denial of the permit. The
Mayor and City Council shall act upon the appeal as soon as practicable
after receiving the notice thereof, and shall give the applicant an
opportunity to be heard before taking action. The Mayor and City Council
may affirm the City Manager's denial of the permit or may grant the
permit with modifications or conditions. The appeal shall be decided
by resolution of the Mayor and City Council and subject to the rules
of procedure for the enactment of resolutions.
Nothing in this chapter shall be construed to
apply to the following:
The provisions of this chapter shall be enforced
by the City Manager, by the City Building Inspector and by city law
enforcement officers, who shall have the power to bring complaints
under this chapter and to take other appropriate action to secure
compliance with the terms hereof.
Any person convicted of a violation of any provision
of this chapter shall be deemed guilty of a municipal infraction and
subject to the procedures and penalties set forth under the City Code
and under the Annotated Code of Maryland with regard to municipal
infractions.