[HISTORY: Adopted by the Commissioners of
the Town of Princess Anne 12-4-1991 as Ch. VII, Art. 3 of the 1991 Code. Amendments noted where
applicable.]
A.
No person or persons, firm, association or corporation
shall use or operate or cause to be used or operated within the town
limits of Princess Anne any device or apparatus for the amplification
of the human voice or sounds from any radio, tape, film, phonograph
or other sound-making or sound-transmitting device for commercial,
political or social purposes.
B.
For public gatherings or occasions of special public
interest or on such occasions or for such use as the President and
Commissioners may deem proper, said President and Commissioners may
issue a permit for the use of such sound-making or sound-reproducing
devices for limited periods of time.
C.
Nothing in this section shall be construed to abridge
or curtail the right of newspapers to announce, orally or otherwise,
any details, results or contemporaneous descriptions of important
news or sports events.
D.
Nothing in this section shall be construed to abridge
or curtail the use of sound-making or sound-amplification devices
for emergency purposes by duly constituted public agencies, specifically
including but not limited to Police and Fire Department personnel,
in the performance of their official duties.
[Added 1-26-2009 by Ord. No. 2009-02[1]]
Prohibited acts are as follows:
A.
The sounding of any horn or signaling device on any automobile, motorcycle
or other vehicle on any street, way, avenue or alley or other public
place of Princess Anne, except as a danger warning; the creation by
means of any such signaling device of any unreasonably loud or harsh
sound; the sounding of any such device for an unnecessary or unreasonable
length of time; the use of any signaling device, except one operated
by hand or electricity; the use of any horn, whistle or other device
operated by engine exhaust; and the use of any such signaling device
when traffic is for any reason held up.
B.
The using of, operating of or permitting to be used, played or operated
any radio receiving set, musical instrument, phonograph or other machine
or device for the producing or reproducing of sound between the hours
of 12:00 midnight 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.
C.
Yelling, shouting, hooting, whistling or singing on the public streets
or public areas or from private property at any time or place so as
to annoy or disturb the quiet, comfort or repose of any persons in
any dwelling, hotel or other type of residence or any persons in the
vicinity, between the hours of 7:00 a.m. and 12:00 midnight, after
having been warned to quiet or cease such noisemaking.
D.
Yelling, shouting, hooting, whistling or singing on the public streets
or public areas or from private property in such a manner as to be
plainly audible at a distance of 50 feet from the public street, public
area, building, structure or vehicle from which the noise emanates,
between the hours of 12:00 midnight and 7:00 a.m.
E.
Making, continuing, or causing to be made or continued any other
unreasonably loud noise or any noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of others within the Town limits of Princess Anne.
A.
It shall be unlawful for any property owner, resident
or dog owner to allow such dog or dogs to bark for unreasonable periods
of time while said dog is confined or chained on his or her property.
B.
A disturbance violating this section can only be proved
on the complaint of a citizen corroborated by the testimony of a Town
police officer.
[Added 1-26-2009 by Ord. No. 2009-02[1]]
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 her or under his or her control.
[Added 1-8-2007 by Ord. No. 2006-10[1]]
A.
It is known that noise above certain levels is harmful
to the health of humans. The environmental noise standards set forth
here are intended to and do incorporate the provisions of Code of
Maryland Regulations (COMAR) 26.02.03.02.
B.
Definitions. In this chapter, the terms listed in
COMAR 26.02.03 shall have the meanings indicated in COMAR 26.02.03.01
B.
C.
The following sound levels represent the standards
for the Town of Princess Anne by general zoning district:
(1)
Noise and vibration prohibitions.
(a)
A person may not cause or permit noise levels
which exceed those specified in Table 1 except as provided in this
section or approved by permit from the Town of Princess Anne.
|
Table 1
| ||||
|---|---|---|---|---|
|
Maximum Allowable Noise Levels (dBA) for
Receiving Land Use Categories
| ||||
|
Day/Night
|
Industrial
|
Commercial
|
Residential
| |
|
Day
|
75
|
67
|
65
| |
|
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
1.
(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.
D.
Exemptions.
(1)
The provisions of this section 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
situation.
(2)
The provisions of this section do not apply to the
following:
(a)
Household tools and portable appliances in normal
usage.
(b)
Lawn care and snow removal equipment (daytime
only) when used and maintained in accordance with the manufacturer's
specifications.
(c)
Motor vehicles on public roads so long as the
noise emitted from the vehicle is not causing a public disturbance
eliciting complaints from citizens of the Town of Princess Anne.
(d)
Aircraft and related airport operations at airports
licensed by the State Aviation Administration.
(e)
Boats on state waters or motor vehicles on state
lands under the jurisdiction of the Department of Natural Resources.
(f)
Emergency operations.
(g)
Pile driving equipment during the daytime hours
of 8:00 a.m. to 5:00 p.m.
(h)
Sound not electronically amplified created by
sporting, amusement, and entertainment events and other public gatherings
operating according to terms and conditions and with proper permits
from the Town of Princess Anne. This includes but is not limited to
athletic contests, amusement parks, carnivals, fairgrounds, sanctioned
auto racing facilities, parades, and public celebrations. This exemption
only applies between the hours of 7:00 a.m. and 12:00 midnight.
(i)
Public transit and railroad vehicles.
(j)
Construction and repair work on public property.
(k)
Air-conditioning or heat pump equipment used
to cool or heat housing on residential property. For this equipment,
a person shall 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.
E.
Variance procedure.
(1)
Any person who believes that meeting the requirements
of this chapter are not practical in a particular case may request
an exception to the requirements.
(2)
Requests for exceptions to the Noise Ordinance must
be submitted in writing to the Town Manager and shall include evidence
to show that compliance is not practical.
(3)
Upon receipt of a request for an exception, the Town
Manager shall schedule a hearing to be held within 60 days.
(4)
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 town
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 Town Manager may require.
(5)
Based upon evidence presented to the President and
Commissioners at the hearing, the President and Commissioners may
grant an exception to the requirements of this code for a period not
to exceed five years under terms and conditions appropriate to reduce
the impact of the exception.
(6)
Exceptions shall be renewable upon receipt by the
President and Commissioners of evidence that conditions under which
the exception was originally granted have not changed significantly.
(7)
Applicants shall be responsible for public hearing
costs, as directed by the Town Manager, including the hearing advertisement,
facility rental, court reporter, and preparation of the transcript
of the hearing.
F.
Measurement.
(1)
The equipment and techniques employed in the measurement
of noise levels may be those recommended by the Town Manager, 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).
(2)
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.
(3)
Sound level meters used to determine compliance with
this section shall meet or exceed the specifications for Type II sound
level meters.
