[HISTORY: Adopted by the Board of County Commissioners of
Charles County 3-7-2005 by Bill No. 2004-01. Amendments noted
where applicable.]
A.
The purpose of this chapter is to provide for the control of noise
levels throughout Charles County so as to promote public health, safety,
and welfare, the peace and quiet of the residents of the County, and
the use and enjoyment of both public and private property.
B.
The objectives of this chapter include the following:
(1)
To reduce the threat to health, safety, welfare, and economic value
when excessive noise impacts a community by defining the circumstances
under which such conditions may be considered a threat; and
(2)
To abate excessive noise conditions, to promote the health, safety
and welfare of the residents of Charles County, and to promote the
maximum use and enjoyment of property.
In this chapter, the following terms have the meanings indicated.
Any term not defined in this chapter shall have the meaning as defined
in any chapter of the Code. Any term not defined in the Code in any
chapter shall have its generally accepted meaning.
Property zoned or used for the sale of goods or services
or for office uses.
Between 7:00 a.m. and 10:00 p.m., local time.
Abbreviation for the sound level in decibels determined by
the A-weighting network of a sound level meter or by calculations
from octave band or 1/3 octave band data.
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 chapter, 20 micropascals
shall be the standard reference pressure.
The Charles County Health Department.
The Director of Environmental Health.
Property zoned or used for manufacturing or storing goods.
Between 10:00 p.m. and 7:00 a.m., local time.
Any individual, group, firm, association, agency or other
entity.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity, including any street, avenue,
boulevard, road, highway, sidewalk, alley or easement that is owned,
leased, or controlled by a governmental entity.
Any real property where people live or work and where noise
is heard, including an apartment, condominium unit, or cooperative
building unit.
[Added 9-7-2010 by Bill No. 2010-11]
Property zoned or used for dwellings.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B,
or C as specified in American National Standards Institute specifications
for sound level meters (ANSI SI.4-1971, or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
An instrument designed to measure noise levels, meeting American
National Standards Institute S1-4-1971 Specifications for Type 2 sound
level meters.
A.
It is prohibited for any person located within the County to make
any noise or operate any sound amplifier on any property owned or
occupied by such person, or to permit any noise to be made or any
sound amplifier to be operated on property owned or occupied by such
person, at a level that exceeds the sound levels set forth in Table
260-1, when measured at the property line of the receiving land.
[Amended 9-7-2010 by Bill No. 2010-11]
B.
The noise prohibited in Subsection A of this section shall include noise exceeding the following standards:
|
Table 260-1
Maximum Allowable Noise Levels (dBA)
Measured at Receiving Land Uses
| ||
|---|---|---|
|
Land Use of Receiving Property
|
Maximum Decibel Level
| |
|
Industrial
|
75 dBA, daytime or nighttime
| |
|
Commercial
|
67 dBA, daytime
| |
|
62 dBA, nighttime
| ||
|
Residential
|
60 dBA, daytime
| |
|
50 dBA, nighttime
| ||
D.
The equipment and techniques employed in the measurement of noise
levels may be those recommended by the Maryland Department of the
Environment, 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), and the United States Environmental Protection Agency (EPA).
A.
The provisions of this chapter shall not apply to the following:
(1)
Household tools and portable appliances, when used for household
maintenance during daytime hours and when maintained in accordance
with manufacturer's specifications.
(2)
Motor vehicles licensed for use on public roads when used in a manner
consistent with the Transportation Article of the Annotated Code of
Maryland.
(3)
Aircraft and related operations at airports licensed by the Maryland
State Aviation Administration.
(4)
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.
(5)
Emergency operations, including but not limited to snow removal operations.
(6)
Pile-driving equipment during the hours of 7:00 a.m. to 5:00 p.m.
(7)
Trap shooting, skeet shooting, or other target shooting between the
hours of dawn and dusk.
(8)
Trash collection operations between the hours of 7:00 a.m. and 10:00
p.m.
(9)
Construction and repair work on public property.
(10)
Noise emanating from household pet activity when kept in a manner consistent with Chapter 297, Zoning Regulations, and when activities are in compliance with any applicable section of the Charles County Code. Noise complaints involving household pet activity shall be resolved under the Charles County Animal Regulations, Chapter 230 of the Charles County Code.
(11)
Activities or events conducted or sponsored by the County or
other government entity, including without limitation agencies working
in conjunction with Charles County Animal Control Services, concerts,
the 4th of July parade and fireworks, and the like.
(13)
Sound generated 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.
This exemption only applies between the hours of 7:00 a.m. and 12:00
midnight.
(14)
This chapter shall not apply to the erection (including excavation),
demolition, alteration or repair of any building or structure where
it is necessary for public health and safety to allow such activity,
and then only with prior written permission from the Department of
Planning and Growth Management.
A.
Violations of this chapter are civil infractions, subject to the
penalty and enforcement provisions of Article 25B, § 13C
of the Annotated Code of Maryland,[1] and shall be subject to a fine of up to $500 for the first
violation, and up to $1,000 for each subsequent violation.
B.
Each hour during which a violation of § 260-3 of this chapter shall continue to exist shall constitute a separate and additional violation.
C.
In addition to the foregoing penalty, the County may seek any other
remedies available at law or in equity.
D.
Nothing herein should be construed to prohibit enforcement of this
chapter by the Maryland Department of the Environment.
