Town of North Brentwood, MD Chapter 208 Peace and Good Order

[HISTORY: Adopted by the Town Council of the Town of North Brentwood as Ch. VII, Art. 2, Title 1, of the 1990 Code of Ordinances. Amendments noted where applicable.]

§ 208-1 Noise.

[Added 10-7-2019 by Ord. No. 2019-04[1]]

A. The Mayor and Council of the Town of North Brentwood hereby declare it to be the public policy of the Town that every person is entitled to an environment free of noise levels which are detrimental to life, health and enjoyment of property. The purpose of this section is to establish the lawful and unlawful limits of noise within the Town and the enforcement procedures and requirements pertaining thereto.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

CONTINUOUS NOISE

Any noise, whether or not the second level varies to the human ear, that is audible for at least one minute.

DAYTIME

Unless otherwise specifically noted, means the hours from 8:00 a.m. to 10:00 p.m.

IMPULSIVE NOISE

A short burst of sound not exceeding 10 seconds in duration.

INTERMITTENT NOISE

Any noise that is audible for more than a period of 10 seconds but less than one minute.

NIGHTTIME

Unless otherwise specifically noted, means the hours from 10:00 p.m. to 8:00 a.m.

NOISE

Any sound occurring on either a continuous, intermittent or impulsive basis. It also means the intensity, frequency, duration and character of sound, including sound and vibration of subaudible frequencies.

C. Noise prohibitions.

(1) It shall be unlawful for any person, whether that person be a homeowner, owner, tenant, firm, or corporation, to cause a violation of this section or to allow on property that person owns or occupies or on property which that person has a right or license to occupy, any noise or sound level that exceeds the maximum permissible sound level or is in violation of this section.

(2) Nothing in this section shall be deemed to abridge or conflict with the powers of the State of Maryland over noise control.

D. Presumption. Except as otherwise provided in this section, a noise which emanates from any operation, activity, or source and which exceeds the maximum permissible sound levels established by the following subsections is prohibited. Any noise audible from a distance greater than the distance specified in these subsections is presumed to exceed the maximum permissible sound level.

E. Vehicle. The use or operation of a motor vehicle or equipment in or on the motor vehicle in such a manner as to exceed the maximum sound levels established by this section is prohibited.

F. Nonresidential zones. Provided that the noise is not audible within any residential area, if the noise emanates from a source located within a nonresidential zone, the maximum permissible sound level is:

(1) Daytime:

(a) Any continuous noise audible from a distance of 50 feet or less from either the source of the noise or the property that is the source of the noise.

(b) Any intermittent noise audible from a distance of 100 feet or less from either the source of the noise or the property that is the source of the noise.

(c) Any impulsive noise repeated at least once within a five-minute period that is audible from a distance of 150 feet or less from either the source of the noise or the property that is the source of the noise.

(2) Nighttime: any noise audible from a distance of 50 feet or less from either the source of the noise or the property that is the source of the noise.

G. Residential zones. If the noise emanates from a source located within a residential use zone or if the noise can be heard within a residential use zone, regardless of the location of the source, the maximum permissible sound level is:

(1) Daytime:

(a) Any continuous or intermittent noise audible from a distance of 50 feet or more from either the source of the noise or the property that is the source of the noise.

(b) Any impulsive noise audible from a distance of 60 feet or more from either the source of the noise or the property that is the source of the noise.

(2) Nighttime: any noise audible from a distance of 40 feet or less from either the source of the noise or the property that is the source of the noise.

H. Exemptions for construction, repair or demolition of structures and yard equipment.

(1) There shall be an exemption for noise above the maximum permissible sound levels outlined in this section if the noise is due to construction, repair, demolition of structures, facilities, or public roads or rights-of-way. Except for emergencies, this exemption shall not apply during the nighttime hours and on Sundays and Christmas Day.

(2) Noise in excess of the noise limits specified in this section and emanating from power equipment for garden, lawn or trees, such as saws, drills, sanders, grinders, garden tools, and snowblowers, shall be exempted when such equipment is performing work during daytime hours and when the equipment is used in accordance with manufacturer's specifications.

I. Special noise restrictions. The following special noise restrictions are hereby established without regard to their distance impact unless specifically noted in this subsection and may be enforced without the warning procedures hereinafter prescribed:

(1) Motor vehicle horns. It shall be unlawful for any person to sound a horn or other signaling device on any motor vehicle except as an emergency or danger warning signal.

(2) Radios, music, etc. It shall be unlawful to operate any radio, CD or tape player, loudspeaker or other such noise-producing device upon public streets, rights-of-way or parks if the noise is audible 50 feet from the noise-producing device.

(3) Muffler cutoffs. It shall be unlawful to use a muffler cutout, bypass or similar device on any motor vehicle.

(4) Selling by outcry. It shall be unlawful to sell anything by outcry except during daytime hours when authorized by permit or as part of a sporting event, parade, fair, circus or other entertainment event authorized by the Mayor.

(5) Amplified musical instruments. It shall be unlawful for any person to use any drum or amplified musical instrument upon the streets, other public rights-of-way or parks without a permit issued by the Town.

(6) After 10:00 p.m. It shall be unlawful between the hours of 10:00 p.m. and 8:00 a.m. to operate any radio, record player, audio system, or television set, or to create noise in any other way when such noise is audible to others located or living on adjacent nearby property, even when the property is less than 40 feet from the source of the noise, or such as to disturb the peace and quiet of any neighborhood.

(7) Mechanically powered tools. It shall be unlawful to operate or permit the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snowblower or similar device in residential areas during nighttime hours so as to cause a noise disturbance across a residential real property boundary. These actions are prohibited before 9:00 a.m. on Sundays.

(8) Alarm signals. It shall be unlawful to allow an alarm signal to sound, either continuously or at intervals, for a period of 10 minutes or more if such sound is audible from a distance of at least 50 feet from the source of the sound and/or disturbs the peace and good order of the neighborhood. The owner of the real or personal property that is the source of the above sound shall be presumed to have knowledge of this sound.

J. Applicability. The maximum permissible sound limits and prohibitions of this section shall not apply to:

(1) Warning devices necessary for public safety, such as police, fire and ambulance sirens and train horns.

(2) Motor vehicles and equipment employed in emergency work by a governmental agency or a public utility.

(3) Devices used in conjunction with places of religious worship, such as church bells.

(4) Aircraft, trains and similar types of noise.

(5) Exemptions allowed in this section or established by the Town Council for the public good.

K. Exemption procedures; fee.

(1) Request for exemption or permit. Any person who believes that meeting the requirements of this section is not practical, presents a hardship or otherwise serves a valid community purpose in a particular case may request an exemption or permit to its requirement.

(2) To whom requests made; form; evidence. Requests for exemptions or permits shall be made to the Mayor in writing and shall include evidence to show that compliance is not practical.

(3) Hearing. Upon receipt of a request for an exemption or permit, the Town Council may schedule a hearing within 60 days. Notice of the hearing shall be published. The notice shall contain a brief description of the exemption or permit requested and any other pertinent data.

(4) Grant of exemption; renewal. Based on evidence presented at the hearing, the Town may grant an exemption or permit for a period not to exceed three years under terms and conditions appropriate to reduce the impact of the exemption or permit. Exemptions or permits may be renewed upon proper showing that the conditions and justifications have not changed significantly.

(5) Factors. Exemptions or permits may only be granted upon the Town Council considering the following factors:

(a) The extent of the exemption or permit proposed and the impact of the noise on the immediate neighborhood;

(b) Proposed mitigation of the noise;

(c) The hardship to the applicant if the exemption or permit is not granted;

(d) The size and character of the area affected;

(e) The public safety;

(f) The time of day and the particular circumstances when the event will occur; and

(g) The benefit to the community if the exemption or permit is granted.

(6) Fees. The permit or exception review fee shall be $100 unless otherwise established from time to time by the Council by resolution.

L. Enforcement. Unless otherwise herein provided, before issuing an initial citation subjecting the violator to a fine or other penalty, the alleged violator or the owner of the source of noise in question shall be advised verbally or in writing by a representative of the Town of the nature of the alleged violation and shall be warned and ordered to cease the violation and not repeat it or else be subject to fine or other penalty. If the violation fails to cease or should repeat, then a citation subjecting the violator or owner to a fine or other penalty shall be issued. No warning need be issued if the source of the noise is a vehicle, or if a warning has been issued within the last 24 hours to the alleged violator or property owner.

M. Violations. Violations of this § 208-1 are declared to be a municipal infraction. The penalty of violation shall be $100 for each initial offense and $250 for each repeat offense that occurs within one calendar year after the first offense. Each time that a violation occurs shall be a separate offense.

[1] Editor's Note: This ordinance also redesignated former §§ 208-1 through 208-8 as §§ 208-2 through 208-9, respectively.

§ 208-2 Loitering.

No person shall loiter or stroll in, about, or upon any street, alley, or other public way or public place, or public gathering or assembly, or in or around any store, shop or business or commercial establishment, or on any private property or place, without lawful business and conducting himself in a lewd, wanton, or lascivious manner in speech or behavior.

§ 208-3 Disturbance of the public peace.

A. No person shall obstruct the free passage of persons passing along or by any public street, sidewalk or highway within the Town of North Brentwood.

B. No person shall willfully disturb any neighborhood within the Town by loud and unseemly noises, or to profanely curse and swear or use obscene language, whether it be live, recorded, amplified or unamplified, upon, near or in a manner that can be heard from any street, sidewalk, or highway.

[Amended 10-7-2019 by Ord. No. 2019-04]

§ 208-4 Public intoxication.

No person shall be under the influence of an intoxicating liquor or drug in such condition as to be unable to exercise care for his own safety or the safety of others, and in such condition disturb the public peace.

§ 208-5 Indecency.

No person shall publicly expose his person or make any indecent gestures upon the public streets, sidewalks, highways or private and public parking lots within the Town.

§ 208-6 Disturbance of public or private property.

No person shall damage, befoul, or disturb public property or the property of another so as to create a hazardous, unhealthy, or physically offensive condition.

§ 208-7 Trespassing.

No person shall enter uninvited upon the lands or premises of any other person, firm or corporation, whether such person be the owner or lessee of said land or premises, and to willfully act in a disorderly manner by making loud and unseemly noises; or by profanely cursing or swearing or using vulgar or obscene language or by being under the influence of intoxicating liquors or narcotics while thereon.

§ 208-8 Drinking in public.

No person shall take a drink of intoxicating beverage, or offer a drink of such to another whether accepted or not, upon any street, avenue, alley, or in any public place, except on premises for which a license for the sale of alcoholic beverages has have been issued.

§ 208-9 Disturbing religious worship. [1]

No person shall disquiet or disturb any congregation or assembly for religious worship by making a noise or by rude or indecent behavior, or profane discourse within their place of worship, or so near the same as to disturb the order or solemnity of the meeting.

[1] Editor's Note: Former § 208-9, Unreasonable noises, was repealed 10-7-2019 by Ord. No. 2019-04.

§ 208-10 Operation of public dances or other entertainment.

[Amended 10-7-2019 by Ord. No. 2019-04]

It shall be unlawful for any person to operate or conduct any public dance or other entertainment consisting of music, singing, or dancing later than 10:00 p.m. on any night within the Town of North Brentwood without a permit issued by the Town. The exemption or permit procedures found in § 208-1K of this chapter shall apply to this section.

§ 208-11 Weeds and trash.

A. The owner or owners of any property within the Town shall remove all trash, waste material, garbage, offensive and dirty material, or weeds, briars and brush more than one-foot tall on any private property adjoining any of the streets, alleys, or lanes and within 200 feet thereof, in the Town.

B. It shall be the duty of the Town Clerk to notify the owner or owners of any property where such public nuisance exists, to remove such public nuisance within 10 days, inclusive of Sundays and holidays, after the date of such notice. Such notice shall be given by placing the same in the United States mail, addressed to the last known address of such person or persons and with sufficient postage prepaid.

C. Upon failure of said owner to remove said public nuisance within the specified time, the nuisance will be removed by the Town and the cost thereof be charged to said owner unless cause to the contrary be shown by filing objections in writing with the Town Clerk on or before the expiration date of such notice.

D. If such written objections are filed it shall be the duty of said owner to appear before the meeting of the Mayor and Council at its next meeting, when a public hearing shall be accorded to said owner.

E. If said public nuisance is not removed within the time specified in such notice, and no written objections have been filed or overruled by the Mayor and Council, then the Town Clerk shall cause the public nuisance to be removed, and he is authorized to incur the necessary expense in so doing, and shall place a charge against the proper person or persons for such cost and proceed to collect the same by entering same on the tax records as a tax upon such real estate, or by suit if deemed necessary, or both.

§ 208-12 Violations and penalties.

[Added 10-7-2019 by Ord. No. 2019-04]

Except as otherwise stated herein, any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine not to exceed $100, or may be confined to the county jail for a period not to exceed 30 days, and where the offense is of a continuing nature, each day's violation shall be deemed a separate offense.