[HISTORY: Approved 6-15-1983. Amendments noted where applicable.]
For purposes of this Article the following words or terms shall
have the meanings ascribed to them:
(A)
ANSI — American National Standards Institute or its successor
bodies.
(B)
CONSTRUCTION — Any site preparation, assembly, erection, repair,
alteration, or similar activity.
(C)
dBA — Abbreviation for the sound level to decibels determined
by the A-Weighting Network of a sound level meter or by calculation
from octave band or one-third octave band data.
(D)
DAYTIME HOURS — 8:00 a.m. to 10:00 p.m., local time.
(E)
DECIBEL (dB) — A unit of measure equal to 10 times the logarithm
to the base 10 of the ratio of a particular sound pressure squared
to a standard reference pressure squared. For the purpose of this
Article, 20 micropascals shall be the standard reference pressure.
(F)
DEMOLITION — Any dismantling, destruction, or removal activities.
(G)
EMERGENCY — Any occurrence or set of circumstances involving
actual or imminent physical trauma or property damage which demands
immediate action.
(H)
NIGHTTIME HOURS — 10:00 p.m. to 8:00 a.m., local time.
(I)
NOISE — The intensity, frequency, duration, and character of
sound, including sound and vibration of sub-audible frequencies.
(J)
NOISE POLLUTION — 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 or activity.
(K)
PERSON — Any individual, group of individuals, firm, partnership,
voluntary association or private, public, or political subdivision
of the state.
(L)
SOUND LEVEL — In decibels, the weighted sound pressure level
measured by the use of a sound-level meter satisfying the requirements
of ANSI S1.4 1971 "specifications for sound level meters". Sound level
and noise level are synonymous. The weighting employed shall always
be specified.
(M)
SOUND LEVEL METER — An instrument, meeting ANSI S1.4 1971 "specifications
for sound level meters", comprising a microphone, an amplifier, an
output meter, and frequency-weighting networks) that is used for the
measurement of sound pressure levels in a specified manner.
(N)
ZONING DISTRICT — The general land use category as designated
and defined in Subtitle 27, Zoning of the Prince George's County
Code of Ordinances.
A.
No person shall cause or permit the following noise/sound levels
measured at the property line or reasonably adjacent thereto of the
source of said noise above the maximum permissible levels in a designated
zoning district. Levels exceeding the following permissible levels
are prohibited.
|
Land Use
|
Day/Night
|
Level
(dBA)
| |
|---|---|---|---|
|
Industrial
|
Daytime hours
|
75
| |
|
Nighttime hours
|
75
| ||
|
Commercial
|
Daytime hours
|
67
| |
|
Nighttime hours
|
62
| ||
|
Residential
|
Daytime hours
|
60
| |
|
Nighttime hours
|
50
|
B.
Exceptions to the maximum permissible noise/sound levels stated in Subsection A:
(1)
Construction or demolition activities shall be permitted during daytime
hours; provided such activity shall not exceed a level of 90 dBA and
after issuance of a Town permit.
(2)
Household tools and portable appliances in normal usage during daytime
hours.
(3)
Lawn care and snow removal equipment (daytime only) when used and
maintained in accordance with the manufacturer's specifications.
(4)
Agricultural field machinery when used and maintained in accordance
with manufacturer's specifications.
(5)
Motor vehicles on public roads.
(6)
Boat motors during daytime hours.
(7)
Emergency utility operations.
(8)
Pile driving equipment during the daytime hours of 8:00 a.m. to 5:00
p.m.
(9)
Sound not electronically amplified created by sporting, amusement,
and entertainment events and other public gatherings operating according
to terms and conditions of the appropriate local jurisdictional body.
This includes but is not limited to athletic contests, amusement parks,
carnivals, fairgrounds, sanctioned auto racing facilities, parades,
and public celebrations.
(10)
Any activity causing noise if a variance for such activity and
the noise resulting there from has been obtained from the Environmental
Health Administration of the Maryland Department of Health and Mental
Hygiene or is being processed pursuant to the rules and regulations
of that department. This exception shall apply only to the extent
of any such variance so granted or being processed.
(11)
Use of any machinery or vehicles by personnel of the State of
Maryland or any political subdivision thereof.
It shall be unlawful for any person to make, continue or cause
to be made or continued any of the following noises, which are hereby
declared to be loud and unnecessary:
A.
Use of vehicle horns or signals. 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 the Town, 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.
Use of radios, phonographs and musical instruments.
(1)
The using of, operating of 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 inhabitants
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.
(2)
The using of, operating of 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 between the hours
of 10:00 p.m. and 8:00 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 and singing.
(1)
Yelling, shouting, hooting, whistling or singing on the public streets
or from private property at any time or place so as to annoy or disturb
the quiet, comfort or repose of persons in any dwelling, hotel or
other type of residence or any persons in the vicinity.
(2)
Yelling, shouting, hooting, whistling or singing on the public streets
or private property at any time or place in such a manner as to be
plainly audible at a distance of 50 feet from the building, structure
or vehicle from which the noise emanates.
D.
The operation of any vehicle equipped with any broadcasting, record-playing
or amplification system when any music, the human voice or any other
noise shall be broadcast from said vehicle.
Any person violating any provision of this Article upon conviction,
shall be guilty of a misdemeanor and subject to a fine not to exceed
$500 or imprisonment not to exceed 90 days, or both fine and imprisonment.
A conviction for one offense shall not be a bar to a conviction for
a continuation of such offense subsequent to the first or any succeeding
convictions.
Violations of this ordinance shall be prosecuted in the same
manner as other misdemeanor violations of the Town's Code; provided,
however, that in the event of a violation of this Article, a written
notice of intent to prosecute will be provided the alleged violator
not less than five calendar days prior to the issuance of a misdemeanor
complaint or citation. No complaint or citation shall be issued in
the event the cause of the violation is removed, the condition abated
or fully corrected immediately within the five-day warning period.
In the event the alleged violator cannot be located in order to serve
the notice of intention to prosecute, the notice as required herein
shall be deemed to be given upon mailing such notice by registered
or certified mail to the alleged violator at his last known address
or at the place where the violation occurred, in which event the five-day
period shall commence at the date of the day following the mailing
of such notice. A notice of intent to prosecute shall not be required
in cases where a violation or alleged violation of this Article reoccurs
or is repeated by the same person within the same twelve-month period.
