[Adopted 4-19-2017 by Ord. No. 2017-03]
The Mayor and Councils find that excessive noise harms public
health and welfare and weakens enjoyment of property. The intent of
this chapter is to regulate noise sources within the Town to permit
the health, safety, welfare, and the use, enjoyment and protection
of property of the inhabitants of the Town. This chapter must be liberally
construed to carry out this intent. A person may not create noise
or allow noise to be created that disturbs the peace, quiet, and comfort
of a residential area and includes residences in all areas.
The following words and phrases shall have the meanings respectively
ascribed to them in this chapter:
Any noise constantly audible for at least five minutes, examples
being burglar alarms, engines, and loud machinery.
The hours from 8:00 a.m. to 8:00 p.m. from Sunday through
Friday and 8:00 a.m. to 10:00 p.m. on Saturday.
The Police Department and Code Enforcement for the Town of
Brentwood, MD.
A burst of nonmechanical sound not exceeding 10 seconds in
duration. Examples are laughter, coughing, exclamations, or a dog's
bark.
Any noise with a sound level that varies to the human ear
but is audible for more than a period of 10 seconds. Examples are
music, radios, conversations, and barking dogs.
The person who manages, leases, holds, or otherwise controls
the property of an owner.
The hours from 8:00 p.m. to 8:00 a.m. from Sunday through
Friday and 10:00 p.m. on Saturday to 8:00 a.m. on Sunday.
Noise related to human activity, including noise produced
vocally, with a radio receiving set, musical instrument, phonograph
or any other device or by a machine, tool or other equipment which
produces, reproduces or amplifies any sound or noise which is continuous
in nature and audible more than 50 feet from the source of the sound
or noise in the public right-of-way or an adjacent building.
The person listed on the tax records of the Town as the property
owner.
Intermittent noise recurring for a period exceeding five
minutes.
The Chief of the Town of Brentwood Police Department, a sworn
member of the Town of Brentwood Police Department, or their authorized
designee.
An area located within a residential zone listed within the
incorporated limits of the Town of Brentwood, including residential
areas abutting mixed-use, commercial and industrial areas, as defined.
During daytime hours, the following noises are unreasonable,
and persons shall not cause nor allow on their property such noises
if the noise occurs on a continuous or intermittent basis and is audible
more than 50 feet from the private property where such noise is occurring
or more than 50 feet from the noise source on public property.
A.
Noise from using, operating, or permitting to be played or operated
any device that is designed to electronically amplify sound or that
produces sound and vibrations of subaudible frequencies. Such devices
would include, but are not limited to, stereos, CD players, televisions,
radios, and microphones. Locations of such devices includes but is
not limited to homes, motor vehicles, pedestrians, public spaces,
and commercial establishments.
B.
Noise from motor vehicle horns used for other than a warning.
During nighttime hours, unreasonable noise is a public nuisance
and is prohibited. If the noise occurs on a continuous or intermittent
basis and is audible more than 50 feet from the private property where
such noise is occurring or more than 50 feet from the noise source
on public property, then there is a presumption that the noise is
unreasonable and that a public nuisance exists. Location of sources
of the sound or noise would include, but is not limited to, motor
vehicles, pedestrians, garages, homes, public spaces, and commercial
establishments. The following, among others, are declared to be unreasonable
nighttime noises, but said enumeration shall not be deemed exclusive,
namely, noise from:
A.
Any alarm, bell, chime, horn, whistle, or similar device.
B.
The loading or unloading of any vehicle or trash receptacle.
C.
Motor vehicles that are operated in such a manner as to create loud
and unnecessary grating, grinding, rattling, or other noise.
D.
The operation or use of any tool or equipment, including but not
limited to construction equipment, lawnmowers, power tools, hammers,
drills, and generators.
E.
The warming or idling of motor vehicles, including but not limited
to motorcycles, buses, trucks, and the unreasonable or repeated idling,
acceleration and deceleration of such vehicle.
F.
Yelling, shouting, hooting, whistling or singing.
G.
Amplified noise, including vibrations of subaudible frequencies.
H.
Any device for killing, trapping, attracting or repelling insects
or other pests.
The following noise-generating activities shall be exempt from
enforcement under this chapter:
A.
Any sound resulting from the emergency operation of a public service
company as defined in Section 1-101(x), Public Utilities Article,
of the Annotated Code of Maryland;
B.
Any sound resulting from the operations of an instrumentality of
the federal, state, or county government, the Board of Education,
or of a municipality;
C.
A sound resulting from the operation of an aircraft or train;
D.
On private property for which a valid use and occupancy permit has
been issued for purposes of sporting, recreational, entertainment
establishment, or for any other event to which the public is invited;
E.
An event or activity with a validly issued permit, license or other
written authority which takes place on property owned by the United
States, the state, the county, the Board of Education, or a municipality;
F.
Lawn care, snow-removal equipment and other household tools or equipment
when used and maintained in accordance with the manufacturer's
specifications between the hours of 7:00 a.m. to 9:00 p.m.;
G.
Any sound resulting from the emergency operations by fire and rescue
services or police agencies;
H.
Motor vehicle horns and warning devices used to warn of an emergency
or danger, but not excepting motor vehicle anti-theft devices or alarms;
I.
Alarms in buildings if the sound ceases within 20 minutes;
J.
Any vendor or outdoor event with an approved permit from the Town
of Brentwood;
K.
Any sound from equipment necessary to keep electricity and other
essential utilities operational during weather emergencies, or as
a result of such emergencies, including, but not limited to, generators;
L.
Municipal and commercial trash collection vehicles during the hours
of 7:00 a.m. to 8:00 a.m.;
M.
During times when a state of emergency has been declared by the Mayor
of the Town of Brentwood, which would allow Town residents to perform
necessary operations to aid in the recovery within the Town.
The Town Administrator, or his/her designee, is authorized to
issue a permit to exceed the noise provisions of this section. Any
resident, property owner, or business owner may secure for a specific
address or location a maximum of four variances per year from these
restrictions.
A.
Permits shall specify places, dates and hours of the permitted activities
and may impose terms and conditions appropriate to reduce the impact
of the noise variance.
B.
No permit shall be granted for nighttime hours. Permits are valid
for a specified five-hour period. Only one permit shall be issued
to a property in a thirty-day period.
C.
A noise permit allows noise to be heard up to 200 feet from its source.
If the noise can be heard further than 200 feet from the source, the
noise permit is void. A Brentwood police officer or Code Enforcement
Officer has the authority to revoke or impose restrictions on a noise
permit if, in his or her judgment, the provisions of the City noise
restrictions are being violated.
D.
Permits for residential properties shall cost $10 and be available
for inspection during the event.
E.
Permits for nonresidential property shall be posted so as to be visible
to the public prior to and during the event; a fee of $25 shall accompany
applications for such permits.
F.
The Town Administrator or his/her designee is authorized to adopt
and use such forms of applications and permits as may be reasonably
required in the performance of his/her duties and enforcement of this
section.
A.
Any person who, after instructed to cease the noise, shall allow
or cause a continued violation of this chapter shall, upon conviction,
be guilty of a misdemeanor and subject to a fine not exceeding $500
for a first offense, and $1,000 for each subsequent offense, or imprisonment
not exceeding 30 days, or both such fine and imprisonment. (Maryland
Criminal Law Title 10 Subtitle 2 Section § 10-201. Disturbing
the public peace and disorderly conduct.)
B.
As an alternative to criminal action, the Chief of Police or a police
officer may issue a civil citation for any violation of this chapter
not exceeding $500 for a first offense, and $1,000 for each subsequent
offense. The issuance of a citation or warning in violation of this
chapter shall be at the discretion of the police officer.
A.
The Town Administrator, Chief of Police, police officer or a code
enforcement officer may issue a civil citation to the owner or landlord
of the building or premises from which noise in violation of this
chapter of this title emanates, if more than three civil citations
have been filed against an occupant, at one address, within a sixty-day
period. The issuance of a citation or warning in violation of this
chapter shall be at the discretion of the police officer.
B.
The Town Administrator, Chief of Police, police officer or a code
enforcement officer may issue additional civil citations for each
subsequent violation within six months after the initial citation
of the owner or landlord.
C.
Before issuing a citation, the Town Administrator, Chief of Police,
police officer or a code enforcement officer shall send by certified
mail or deliver written notice to the owner or landlord that three
citations have been filed under this chapter within a sixty-day period.
D.
Failure of payment by the owner will result in the Town of Brentwood
filing for a property tax lien.
E.
The Town may seek injunctive or other appropriate judicial relief
to stop or prevent continuing violations of this chapter.
Any sworn Town of Brentwood police officer shall be authorized
to enforce this chapter of the Town Code. In the performance of their
duties as regards to noise control a police officer is hereby authorized
to enter upon private property in the Town of Brentwood in order to
quell any noise that is detrimental to health, safety, or welfare
and the use, enjoyment and protection of property.
