It is the policy of the Mayor and Council of the Town of Galena
that the citizens of the Town are entitled to an environment that
is free of noise levels which are detrimental to life, health and
enjoyment of one's property. The purpose of this chapter is establish
the lawful and unlawful limits of noise allowed within the Town and
the enforcement authority, procedures and requirements pertaining
thereto.
As used in this chapter, the following terms shall have the
meanings indicated:
CONTINUOUS NOISE
Any noise whose level does not vary to the human ear for
at least five minutes.
DAYTIME
Unless specifically noted means the hours from 8:00 a.m.
to 9:00 p.m.
INTERMITTENT NOISE
Any noise with a sound level that varies to the human ear,
but is more audible for more than a period of 10 seconds.
NIGHTTIME
Unless specifically noted means from 9:00 p.m. to 08:00 a.m.
NOISE
Any sound occurring on either a continuous, intermittent
or impulsive basis. It also means the intensity, frequency, duration
and character of sound, including sound and vibration of subaudible
frequencies. It shall be classified as a public nuisance.
Except as otherwise provided in this chapter, a noise which
emanates from any operation, activity, or source and which exceeds
the maximum permissible sound levels established by the following
section is prohibited. Any noise audible from a distance greater than
the distance specified in this section is presumed to exceed the maximum
permissible sound level.
A. Provided that any noise is not audible within any residential area,
if the sound emanates from sources located within a nonresidential
zone, the maximum permissible sound level is:
(1) Daytime:
(a)
Any continues noise audible from a distance of 50 feet or less
from either the source of the noise or the property that is the source
of the noise.
(b)
Any intermittent noise audible from a distance of 100 feet or
less from either the source of the noise or the property that is the
source of the noise.
(c)
Any impulsive noise repeated at least once within a five-minute
period that is audible from a distance of 150 feet or less from either
the source of the noise or the property that is the source of the
noise.
(2) Nighttime: any noise audible from a distance of 50 feet or less from
either the source of the noise or the property that is the source
of the noise.
B. If the noise emanates from sources located within a residential use
zone or if the noise can be heard within a residential use zone, regardless
of its place of origin, the maximum permissible sound level is:
(1) Daytime:
(a)
Any continuous noise audible from a distance of 50 feet or less
from either the source of the noise or the property that is the source
of the noise.
(b)
Any intermittent noise audible from either the source of the
noise or a distance of 50 feet or less from the property that is the
source of the noise.
(c)
Any impulsive noise audible from either the source of the noise
or a distance of 50 feet or less from the property that is the source
of the noise.
(2) Nighttime: any noise audible from a distance of 50 feet or less from
either the source of the noise or the property that is the source
of the noise.
The use or operation of motor vehicles in the Town of Galena
in such a way as to exceed the maximum sound levels established by
this chapter is prohibited.
The following special noise restrictions are hereby established
without regard to their distance impact unless specifically noted
in this section and shall be enforced without warning procedures hereinafter
prescribed.
A. Prohibitions. It shall be unlawful to operate any vehicle [including all-terrain vehicles (ATVs)] to exceed the noise levels specified in §
118-4 of this chapter. This pertains to all vehicles which cannot be licensed to operate on Maryland public highways.
B. Motor vehicle horns. It shall be unlawful for any person to sound
a horn or other signaling device on any motor vehicle except as an
emergency or danger warning signal.
C. Radios, phonographs, etc. It shall be unlawful to operate any radio,
phonograph, loudspeaker or any other noise-producing device upon public
streets, rights-of-way or parks if the noise is audible 30 feet from
the noise-producing device, unless a permit has been issued for special
occasions by the Town.
D. Muffler cutoffs. It shall be unlawful to use a muffler cutout bypass
or similar device on any motor vehicle.
E. Selling by outcry. It shall be unlawful to sell anything by outcry
except during the daytime hours when authorized by a permit or as
a part of a sporting event, parade, fair, circus, or other entertainment
event authorized by the Town.
F. Amplified musical instruments. It shall be unlawful for any person
to use any drum or amplified musical instrument upon the streets or
other public rights-of-way or parks without a permit issued by the
Town.
G. Hours. It shall be unlawful to operate any radio, record player, audio system, television set, or create noise in any other way audible to others located or living nearby, or so as to disturb the peace, tranquility, and quiet of any neighborhood, unless an exemption is granted by the Town for a special event. Maximum allowable permissible sound levels are set in §
118-4 of this chapter.
H. Mechanically powered tools. It shall be unlawful to operate or permit
the operation of any mechanically powered saw, drill, sander, grinder,
lawn or garden tool, snow-blower or similar device in residential
areas during nighttime hours so as to cause a noise or disturbance
across a residential real property boundary.
I. Alarm signals. It shall be unlawful to allow an alarm signal to sound, either continuously or at intervals, for a period of 30 minutes or more if such sound is audible from a distance of at least 50 feet from the source of the sound and/or disturbs the peace and good order of the neighborhood. The owner of the real or personal property that is the source of the above sound shall be presumed to have knowledge of this sound and shall be responsible for assuring that this situation is corrected to meet the requirements of §
118-4 of this chapter.
The provisions of this chapter shall not apply to:
A. Warning devices for public safety, such as police, fire and ambulance
sirens and train horns.
B. Motor vehicles employed in emergency work by a governmental agency
or a public utility.
C. Devices used in conjunction with places of worship, such as church
bells.
D. Aircraft, trains or similar types of sound.
E. Other exemptions established by the Town.
Any person, firm, or corporation who fails to abate a nuisance
as defined in this chapter shall be guilty of a municipal infraction
and shall be fined not less than $25 nor more than $100. Each day
a violation continues is a separate violation.