[HISTORY: Adopted by the Mayor and Town Council of the Town
of Edmonston 7-14-2008 by Ord.
No. 2008-OR-004 (Ch. 35, § 35-8, of the
1997 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order. — See Ch. 360.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
Property zoned or used for the sale of goods and services
or for office uses.
Between 7:00 a.m. and 9:00 p.m. local time.
Abbreviation for the sound level in decibels determined by
the A-weighing 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 ten of the ratio of a particular sound pressure squared. For
purposes of this chapter, 20 micropascals shall be the standard reference
pressure.
Property zoned or used for manufacturing or storing goods.
Between 9:00 p.m. and 7:00 a.m. local time.
Any individual, group, firm, association, agency, or other
entity.
Property zoned for the use of habitation 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 the 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
weighing network, such as A, B, or C as specified in American Standards
Institute specifications for sound-level meters (ANSI SI.4-1971, or
the latest approved revision thereof). If the frequency weighing employed
is not indicated, the A-weighing shall apply.
An instrument designed to measure noise levels, meeting ANSI
SI.4-1971 (or latest approved revision thereof) specifications.
A person who has been trained in the use of the specific
sound-level meter and can demonstrate proficiency in the operation
of such, and has a general working knowledge of instrument employed.
Excessive or unusually loud noise or any noise which either
annoys, disturbs, injuries or endangers the comfort, repose, health,
peace or safety of others within the Town limits.
A.
No person shall operate, play or permit the operation or playing
of any radio, television, record player, tape recorder, musical instrument,
amplifier or any similar device so as to cause sound measurable beyond
the property line of the source at levels greater than the following:
B.
Sound-level measurements may be taken anywhere beyond the property
line of the source, on public or private property, five feet above
the ground. In the case of a multiple-dwelling unit, the "property
line" shall be defined as that area beyond the walls of an individual
dwelling unit. Measurements from unzoned property shall conform with
those standards for residential zoned property.
C.
Sound-level measurements shall be taken by a trained operator using
a sound-level meter set on the "slow" setting. The sound-level meter
shall be maintained and calibrated and remain in good working order.
A.
Construction or demolition activities shall be permitted during daytime
hours, provided that such activity shall not exceed a level of 90
dB(A).
B.
Household tools and portable appliances in normal usage.
C.
Lawn-care and snow-removal equipment (daytime only) when used and
maintained in accordance with the manufacturer's specifications.
D.
Agricultural field machinery when used and maintained in accordance
with manufacturer's specifications.
E.
Blasting operations for demolition, construction and mining or quarrying
(daytime only).
F.
Motor vehicles on public roads.
G.
Aircraft.
H.
Motor vehicles or boats on state lands or waters.
I.
Emergency utility operations.
J.
Pile-driving equipment during the daytime hours of 8:00 a.m. to 5:00
p.m.
K.
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.
L.
Rapid rail transit vehicles and railroads.
M.
Any activity causing noise if a variance for such activity and the
noise resulting therefrom 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.
N.
Use of any machinery or vehicles by personnel of the State of Maryland
or any political subdivision thereof.
O.
This chapter shall not apply to activities or events conducted, sponsored,
or permitted by the Town of Edmonston.
P.
This chapter shall not apply to sound equipment used by any public
service company as defined in Article 78 of the Annotated Code of
Maryland, or to federal, state or local governmental agencies.
Generally. Loud and unnecessary noise which disturbs the public peace between the hours of 9:00 p.m. and 7:00 a.m., local time, except as otherwise provided in this chapter, shall be deemed a public nuisance and is prohibited. Sound levels measured from the property line of the source not in compliance with levels specified in § 250-2 of this chapter are presumed a public nuisance, and subject the violator to the penalties set forth in § 250-6.
A.
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 city, 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 any 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. 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. 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 9:00 p.m. and 7:00 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. 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. 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.
Any owner of property who shall permit loud and unnecessary
noise or noises which is in violation of the level established by
this chapter shall be subject to the penalties hereof in addition
to any and all occupants or visitors of said property causing prohibited
noises.
A.
Generally. Violation of any section of this chapter of the Code of
the Town of Edmonston shall be deemed a municipal infraction. Violators
shall be subject to a fine of $100, first violation, and $250 for
the second violation; each hour any violation of any provision of
this chapter shall continue after citation for said offense by any
peace officer or other authorized official of the Town of Edmonston
shall constitute a separate offense. The first and second violations
are civil citations.
B.
Repeat violations. Charges for the third violation of this chapter
must be leveled by a certified police officer and conviction under
this chapter shall be deemed a misdemeanor, with violators subject
to a fine of $500 and up to six months' incarceration. The third conviction
may also subject violators to confiscation and forfeiture of the device
used to create unnecessary noise, with the right of entry by the Town
of Edmonston, or its authorized representative.
