[HISTORY: Adopted by the Mayor and Commissioners of the Town of Westernport 10-5-2015 as Ch. 190, Art. II of the 2015 Code. Amendments noted where applicable.]
Animals — See Ch. 13.
For the purposes of this chapter the following words shall have the meanings respectively ascribed to them by this section:
- LAW ENFORCEMENT OFFICER
- Any sworn police officer of the Town of Westernport, the Sheriff and any Deputy Sheriff of Allegany County, and/or sworn member of the Maryland State Police.
- The tenant, owner and/or occupant, including any guest or invitee, in, on, or of any property.
- Any tract, lot or parcel of land and any dwelling or other structure erected or located thereon.
- RESIDENTIAL AREA
- Any neighborhood or area within the corporate limits of the Town of Westernport.
- A vibration of sufficient intensity to cause another person to be aware of such vibration by the sense of hearing.
The Mayor and Commissioners of Westernport hereby find and declare that the occurrence of those activities proscribed under § 142-3 hereof is contrary to the health, safety and well-being of the residents of Westernport and all are hereby declared to be nuisances which are to be specifically controlled and abated pursuant to this chapter.
It shall be unlawful for any person to create, assist in creating, permit, continue or permit the continuance of any unreasonably loud and/or raucous, disturbing, unusual or unnecessary sound which annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others within the limits of the Town of Westernport. For the purpose of this chapter, sound shall include vibrations caused by human, animal, or mechanical means. A person shall not be in violation of this chapter unless any such sound is perceived on another property, it being solely the intent of this chapter to prohibit sounds from carrying from one property to adjacent or nearby properties.
Within any residential area the following activities are prohibited if they produce audible sound beyond the property line of the property on which they are conducted or from a public right-of-way:
Construction, repair, remodeling, demolition, drilling or excavation work between 9:00 p.m. and 7:00 a.m.
The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort or repose of any persons in the vicinity. It shall be unlawful for any person to allow or permit any dog or other animal to bark, howl, or in any other manner disturb the quiet of any persons.
The provisions of this section shall not apply to the following:
Emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster, to restore public utilities, or to protect persons or property from an imminent danger.
Sound made to alert persons to the existence of an emergency, danger, or attempted crime.
Activities or operations of governmental units or agencies.
Whenever noise or sound is made, created, or continued in violation of the provisions of this section, and if the property upon which or from which the sound is emanating has two or more occupants and it cannot be determined which occupant is the violator, the owner of the property, if present, shall be presumed to be responsible for the violation; in the absence of the owner of the property, the tenant, subtenant, licensee, invitee or guest then in control of the property shall be presumed to be responsible for the violation. In the event that it is impossible to determine the person then in control of the property, it shall be presumed that the owner of the property is responsible, and, if not present, all persons then on or in said property shall be ordered to disperse and leave said property, and a failure to do so by any person shall itself be a municipal infraction punishable under the provisions of § 142-5.
When a violation of this chapter occurs, a law enforcement officer shall undertake to notify the persons present in or on the property from which the sound or activity is emanating that they are in violation and notify them to cease and desist whatever is causing the violation. At this time the law enforcement officer shall also ascertain, if reasonably possible, the owner or tenant of the property in question. Notice hereunder may be given orally by the officer to the owner and/or by posting a written notice. The notice posted shall contain a specific description as to the nature of the violation.
The continuation of such violation or any subsequent violation of the same proscription following receipt of the notice to cease and desist shall constitute a municipal infraction punishable as hereinafter set forth.
Nothing contained herein is intended nor shall it be construed to preclude the right of any person to file in accordance with the laws of the State of Maryland an application for a statement of charges for a violation of any provision of the Annotated Code of Maryland or other section of this Code where such violation is contrary to other applicable laws.
[Amended 7-10-2017; 10-1-2018 by Ord. No. 9-4-2018B]
Violation of any provision of this chapter is declared to be a municipal infraction subject to Chapter 135 of the Code of the Town of Westernport.