A. 
Land use specific limits. Except as provided in this § 137-2 and in § 137-3, no person shall create or permit the generation of noise that exceeds the sound levels specified in Table 137-1 when measured at the property line of any receiving land.
Table 137-1
Maximum Allowable Sound Levels Measured At Receiving Land Uses
Day/Night
Industrial
(dBA)
Commercial
(dBA)
Residential
(dBA)
Day
75
67
65
Night
75
62
55
B. 
Construction noise limits.
(1) 
A person may not cause or permit sound levels emanating from construction or demolition site activities which exceed:
(a) 
Maximum sound level of 90 dBA during daytime hours;
(b) 
The levels specified in Table 137-1 for nighttime hours.
(2) 
Construction noise shall be measured either at the property line of the construction site or on a receiving property, whichever is most appropriate.
C. 
Prominent discrete tones. A person may not cause or permit the emission of prominent discrete tones or periodic noises, which exceed a sound level that is five dBA lower than the applicable level allowed on Table 137-1.
D. 
Vibrations. 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 means as the sensation of touch or visible observation of movement. The observer shall be located at or within the property line of the receiving property when vibration determinations are made.
E. 
Noncommerical off-road vehicle use, setback requirements.
(1) 
Except as provided for in Subsection E(2), a person may not operate or permit to be operated an internal combustion engine-powered recreational vehicle, whether such vehicle is licensed or unlicensed, 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 curtilage, without the written permission of the affected resident, unless it can be demonstrated to the enforcement official that the vehicle can be operated within the noise limits specified in Table 137-1.
(2) 
This section is not intended to restrict the use of agricultural vehicles, off-road vehicles used for law enforcement, fire, emergency, military, or other governmental purposes, and vehicles used for routine nonrecreational access of a property as determined by the Zoning Administrator.
F. 
Sensitive receptors.
(1) 
No person shall generate sound levels that exceed those in Table 137-2 when measured at the property line of the listed sensitive receptors.
Table 137-2
Maximum Allowable Sound Levels For Sensitive Receptors
Sensitive Receptor
Noise Limit
After 7:00 a.m. To Before 7:00 p.m.
(dBA)
After 7:00 p.m. To Before 10:00 p.m.
(dBA)
After 10:00 p.m. To Before 7:00 a.m.
(dBA)
Hospitals, elder care facilities, nursing homes
60
55
50
Libraries, churches, funeral homes
60
55
N/A
Daycare facilities, special population schools
60
55
N/A
(2) 
The County may designate specific land within any geographic area as a special noise sensitive area because of its physical features or use to protect public health, safety, or welfare by amendment to this Article. This designation may carry specific limitations that are more stringent than those listed in this Article to protect a specific use or feature that may be sensitive to noise pollution. The limits would be designed to apply only to the specifically designated area and that reflect the unique nature or resource that the designation is intended to protect.
The provisions of this Article do not apply to the following:
A. 
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. 
Household tools, portable appliances, and off-road vehicles when used for customary household maintenance during daytime hours and when used and maintained in accordance with manufacturer's specifications, or sound associated with normal repair and maintenance activities of those vehicles and equipment or when preparing for shipment or transport.
C. 
Lawn care and snow removal equipment when used and maintained for such purposes in accordance with the manufacturer's specifications during daytime hours.
D. 
Agricultural field machinery when used and maintained for such purposes in accordance with manufacturer's specifications.
E. 
Blasting operations for demolition, construction, and mining or quarrying, during daytime hours.
F. 
Motor vehicles licensed for use on public roads when used in a manner consistent with the Transportation Article of the Annotated Code of Maryland.
G. 
Aircraft and related operations at airports licensed by the Maryland State Aviation Administration.
H. 
Boats and motorized land vehicles, both on- and off-road, in operation on public lands under the jurisdiction of the Department of Natural Resources or the County, or operated by other law enforcement or emergency services personnel.
I. 
Emergency operations.
J. 
Pile driving equipment during the hours of 8:00 a.m. to 5:00 p.m.
K. 
Rail transit vehicles and railroads.
L. 
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 sound levels exceeding 70 dBA for air-conditioning equipment at a receiving residential property and 75 dBA for heat pump equipment at a receiving residential property.
M. 
Noise emanating from household pet activity when kept in a manner consistent with the Zoning Chapter and when activities are in compliance with any applicable section of the Code of Public Local Laws of Caroline County, Maryland.
N. 
Sound, except those that are electronically amplified, created by sporting events (except trap shooting, skeet shooting, or other target shooting), entertainment events and other public gatherings operating in accordance with properly issued permits or licenses between the hours of 7:00 a.m. and 12:00 midnight, and otherwise conducted in accordance with the law.
O. 
Trap shooting, skeet shooting, or other target shooting between the hours of 9:00 a.m. and 10:00 p.m.
P. 
Trash collection operations between the hours of 7:00 a.m. and 10:00 p.m.
Q. 
Construction and repair work on public property.
R. 
Activities conducted by a volunteer fire department.
A. 
The measurement of sound levels shall be conducted at points on or within the property line of the receiving property at a height of four feet above the ground level, unless otherwise justified or as designated otherwise in this Article and may be conducted at any point or multiple points for the determination of identity of single or multiple sources.
B. 
Equipment and techniques employed in the measurement of sound levels may be those recommended by the Maryland Department of the Environment or equivalent, which may, but need not, refer to currently accepted standards or recognized organizations.
C. 
Sound level meters used to determine compliance shall meet or exceed the specifications of the ANSI s1.4-1971 and its successors for Type II sound level meters.
D. 
Sound levels assessed under the plainly audible standard shall be in accordance as follows. Any code enforcement or law enforcement officer who hears a sound that is plainly audible, as defined herein, shall be entitled to measure the sound according to the following standards:
[Added 4-18-2017 by Bill No. 2017-1]
(1) 
The primary means of detection shall be by means of the officer or code enforcement official's ordinary auditory senses, so long as his hearing is not enhanced by any mechanical device, such as a hearing aid.
(2) 
The officer or code enforcement official need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating-type sound is sufficient to constitute a plainly audible sound.
(3) 
The officer or code enforcement official must be able to determine the source or origin of the sound, whether by direct line of sight from the affected residential property or by articulating such other reasonable basis for such determination if there is no direct line of sight confirmation of the source or origin of the sound.
E. 
Sound production devices may not be operated in such a manner that they cross a real property line and are plainly audible within a residence.
[Added 4-18-2017 by Bill No. 2017-1]
A. 
The County may grant a variance from any of the requirements of this Article if there are exceptional circumstances showing that compliance would create an undue hardship or if compliance is not technically possible under specific circumstances.
B. 
The Board of Zoning Appeals is hereby authorized to hear such requests for variances under this Article; however, waiver requests and the consideration of same by the Board of Zoning Appeals shall not constitute or be deemed to constitute zoning matters and shall generally be treated as matters of nuisance.
C. 
A written request for a variance shall be submitted to the Department of Planning, Codes and Engineering and shall state the specific variance sought and the reasons supporting the granting of the variance. An applicant for a variance shall:
(1) 
Describe in sufficient detail the special conditions or exceptional circumstances peculiar to the property or situation, which would cause the undue hardship or prevent the compliance with this Article; and
(2) 
Demonstrate in sufficient detail that the granting of the variance will not confer on the applicant a special privilege that would be denied to other applicants.
D. 
Upon receipt of a request for a variance, the Department of Planning, Codes and Engineering shall forward the request and all relevant information, including the submissions required by Subsection B of this section, to the Board of Zoning Appeals. The Board of Zoning Appeals shall schedule a hearing on the requested variance from the provisions of this Article. The Board of Zoning Appeals shall advertise the hearing by posting the property. Notice of the hearing shall be mailed at least 15 days prior to the hearing to all adjoining property owners.
E. 
In granting a variance to this Article, the Board of Zoning Appeals shall, based upon evidence presented at the hearing, issue written findings of fact that the applicant has met the requirements of this section and that granting the variance is consistent with the intent of this Article. The variance may be granted for a period not to exceed five years.
F. 
Prior to the expiration of a variance, an applicant may apply for a renewal of the variance pursuant to Subsection C. A renewal may be granted, provided the applicant presents sufficient evidence that conditions under which the variance was originally granted have not changed significantly.
G. 
The applicant for a variance shall reimburse the County for any costs associated with the hearing or review of the variance request.
H. 
Notice of a request for variance shall be given to the Maryland Department of the Environment prior to the hearing to assure that consistency with state noise laws and regulations is maintained. A variance from the Code of Maryland Regulations will be needed in addition to obtaining a variance from this Article.
Any person who violates a provision of this Article II shall, upon citation issued pursuant to Chapter 92 of the Code of Public Local Laws of Caroline County, Maryland, be deemed to have committed a Class E civil infraction and shall pay to the County the amount prescribed.