[HISTORY: Adopted by the County Council of Talbot County 8-28-2018 by Bill No. 1403. Amendments noted where applicable.]
A.
Purpose. The purpose of this chapter is to provide for the abatement
and control of noise levels throughout Talbot County so as to promote
public health, safety, welfare, and economic well-being for the residents
of the County, and the use and enjoyment of both public and private
property.
B.
Objectives.
(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 Talbot County, and to promote the
maximum use and enjoyment of property; and
(3)
To provide authority and enforcement measures for such efforts.
C.
According to documented studies, it has been determined that noise
above certain levels, for certain periods of time, is harmful to the
health of humans. Although precise levels at which all adverse health
effects occur have not definitely been ascertained, it is known that
one's well-being can be affected by noise through loss of sleep, speech
interference, hearing impairment and a variety of other psychological
and physiological factors. The establishment of ambient noise standards
or goals must provide margins of safety in reaching conclusions based
on available data that relates noise exposure to health and welfare
effects with due consideration to technical and economic factors.
A.
Decibel.
(1)
Noise levels measured with a sound-level meter meeting the most recently
published standards of the American National Standards Institute (ANSI
S1.4) American Standards Specification for General Purpose Sound Level
Meters. The instrument shall be set to the A-weighted response scale
and the meter to the slow response. Measurement shall be based on
an average reading.
(2)
Measurements shall be conducted in accordance with ANSI S1.2, American
Standard Method for the Physical Measurements of Sound.
B.
Nondecibel. This standard is only applied if a noise meter is not
readily available to a noise control officer or where a noise cannot
be measured under the decibel measurement standards herein.
C.
Noise shall not exceed the decibel or nondecibel sound limits indicated
in this chapter beyond the noise source property line. Measurements
may be made at any point along or adjacent to a lot line of the noise
source property or at any point on any receiving property when measurement
at the noise source property line is not practical or feasible, as
determined by the noise control officer. Measurements may be conducted
at any point or multiple points for the determination of identity
of single or multiple sources.
A.
It shall be unlawful within the County to make, continue to make,
permit, or cause to be made or continued a noise disturbance or a
noise level in excess of 60 dBA during the daytime or 55 dBA during
the nighttime, except as specifically stated herein.
A.
The provisions of this chapter do not apply to devices used solely
for the purpose of warning, protecting, or alerting the public, or
some segment thereof, or the existence of an emergency situation or
operation.
B.
Certain noise sources or unintended noise, in the regular course
of residential activities, (e.g., wind chimes, garage door) as determined
by the noise control officers, will not be investigated for compliance
with this chapter.
C.
The provisions of this chapter do not apply to the following:
(1)
Household tools and portable appliances in normal usage and in proper
operating condition. This does not include noise caused by amplified
music devices.
(2)
Operation of garden and lawn maintenance equipment between the hours
of 7:00 a.m. and 1/2 hour after sunset.
(3)
Air conditioning or heat pump equipment used to cool or heat housing
on residential property. For this equipment, a person may not cause
or permit noise levels which exceed 70 dBA for air-conditioning equipment
at receiving residential property and 75 dBA for heat pump equipment
at receiving residential property.
(5)
Backup generators being used during power outages resulting from
storms and other emergencies.
(6)
Noise emanated by agricultural, livestock and timber operations,
and related support operations and machinery. Related operations include,
but are not limited to, production and management of tillage, fertilization,
pest control, crop or timber harvesting, marketing, saw mills, grain
dryers, livestock, crops, vegetation, and soil including compost,
feeding, housing, and maintaining of farm animals and handling their
by-products. Related machinery includes, but is not limited to, motor
vehicles, tractors and all-terrain vehicles being used for such operations.
(7)
Motor vehicles and all-terrain vehicles being used for commercial
use, landscaping and/or yard work.
(8)
Motor vehicles licensed for use on public roads when used in a manner
consistent with the Transportation Article of the Annotated Code of
Maryland. This does not include noise caused by stereos, radios or
other similar devices located within or on motor vehicles.
(9)
Aircraft and related airport operations at airports licensed by the
Maryland Aviation Administration.
(10)
Boats on state waters or motor vehicles on state lands under the
jurisdiction of the Maryland Department of Natural Resources.
(11)
Sounds of pile-driving equipment from 7:00 a.m. to 1/2 hour after
sunset or 7:30 p.m., whichever is later.
(12)
Sound created by vehicles used for, or in the act of, trash and recycling
collection.
(13)
Sound created by temporary public gatherings, such as sporting, amusement,
and entertainment events operating according to terms and conditions
authorized by a temporary use certificate or other approval issued
by Talbot County. This includes but is not limited to, athletic contests,
carnivals, fairs, parades, festivals, or other public celebrations.
(14)
Sound created by events on the property of a public or private school
that have been sanctioned by such school.
(15)
Construction and repair work on public property.
(16)
The sounding of bells, chimes, or carillons while being used for
religious purposes or in conjunction with religious services or for
national or state celebrations or public holidays in such a manner
as would otherwise cause a noise disturbance.
(17)
Recreational firearm shooting and hunting activities as regulated
or licensed by the Maryland Department of Natural Resources.
(18)
Fireworks displays and celebratory cannon fire permitted by the Office
of the State Fire Marshal.
(19)
Activities for which the regulation of sound has been preempted by
federal or state law.
A.
The following acts and the causing thereof are declared to be a violation
of this chapter:
(1)
Operating or permitting to be operated an off-road internal combustion engine powered vehicle for recreation purposes, including, but not limited to, a dirt bike, an all-terrain vehicle, a go-cart, a snowmobile, or a similar vehicle, on private property closer than 300 feet to a neighboring residence or the associated curtilage, without the written permission of the affected resident, unless it can be demonstrated to the noise control officers that the vehicle can be operated within the noise limits specified in § 92-4.
(2)
Any owner or person in control of any animal or bird who allows or
otherwise permits any such animal to bark, howl, bay, meow, squawk,
quack, crow or make such other sound when such sound by its volume
or frequency unreasonably disturbs or interferes with the peace of
any person for more than 15 minutes in any one-hour period of any
day, or is documented by three or more separate episodes in a sequential
seven-day period. The provisions of this subsection shall not apply
to any animal that, at the time of the sound or sound generation,
was responding to pain or injury, or was in the act of protecting
from a perceived or actual threat; when the animal is a service dog
that is engaged in the performance of its duties at the time of making
the sound; when part of a bona fide agricultural operation; when related
to activities regulated by the Department of Natural Resources related
to hunting.
A.
Enforcement. Violations of this chapter may be, but need not be,
complaint-based.
B.
Enforcement officers.
(1)
Primary noise control officers have the authority to investigate
suspected violations of any section of this chapter and pursue enforcement
activities.
(2)
If a primary noise control officer is unavailable, a secondary noise
control officer has the authority to investigate suspected violations
of any section of this chapter that do not require the use of a sound-level
meter (i.e., noise disturbance, times of day, and/or distance determinations)
and pursue enforcement activities.
(3)
Talbot County Animal Control Officers shall have the principal authority to investigate suspected violations of § 92-6A(2) of this chapter and pursue enforcement activities of that section.
(4)
Noise control officers may cooperate with enforcement personnel of
other agencies or municipalities in investigating compliance with
one another's ordinances regarding noise compliance.
C.
Enforcement protocols.
(1)
The departments have discretion to determine which noise cases will
be investigated by which department. A noise complaint may be referred
to another municipality, county or state agency as appropriate.
(2)
Noise investigations and sound measurements need not be conducted
at the exact time of a noise complaint.
(3)
A violation of any provision of this chapter shall be cause for issuance
of a warning, or a notice of violation and notice of penalty assessment
as set forth herein, or other actions or mitigation measures as required
by this chapter.
(4)
If a person fails to comply with a noise control officer's decision
that a violation exists and must cease, immediate enforcement shall
proceed in accordance with this chapter and/or the noise control officer's
enforcement process.
(5)
The enforcing agency has discretion to provide adequate time for
a property or business owner to implement a noise mitigation measure.
D.
Penalties.
Agriculture and Residential Uses
| |||
---|---|---|---|
Violation of this Chapter
| |||
Offense Within a 12-Month Period
| |||
1st
|
2nd
|
3rd
|
4th and More
|
Fine
| |||
$100
|
$200
|
$400
|
$1,000
|
Other Uses
| |||
Violation of this Chapter
| |||
Offense Within a 24-Month Period
| |||
1st
|
2nd
|
3rd
|
4th and More
|
Fine
| |||
$1,000
|
$2,000
|
$4,000
|
$10,000
|
(1)
For the purposes of this section, agriculture and residential includes all uses and related or accessory uses as listed in Chapter 190, Table IV-1, § 190-25, of the Talbot County Code. Other uses includes institutional, commercial, industrial, marine, utility, transportation and communication and their accessory use as listed in Chapter 190, Table IV-1, § 190-25 of the Talbot County Code.
(2)
The noise control officer shall send a copy of the notice of violation
and penalty assessment to the approving authority(ies), as applicable
(e.g., Short-Term Rental Review Board, Liquor Board, Board of Appeals,
Planning Commission or Planning Director). The notice may include
a recommendation to suspend or revoke a license or approval in accordance
with the applicable regulations for such action or may include a requirement
or recommendation for noise mitigation.
(3)
In addition to, and not in lieu of, the penalties prescribed in this
chapter, the County Attorney may apply to the Circuit Court for an
injunction or declaratory judgment against the continuing violation
of any of the provisions of this chapter and may seek any other remedy
of relief authorized by law.
E.
Mitigation.
(1)
Installation and use of noise suppression and measurement devices
and systems may be required pursuant to the Talbot County Code or
enforcement action.
(a)
No person shall cause, suffer, allow, or permit the removal,
disconnection, or disabling of any noise-suppression device or system
which has been installed on or in proximity to any noise source pursuant
to the Talbot County Code or enforcement thereof.
(b)
No person shall defeat the designed purpose of any noise-suppression
or measurement system or device by installing therein or thereon any
part or component which does not meet the minimum designed specifications
for that system or device.
(c)
No noise source shall be operated with its noise-suppression
or measurement system or device removed or otherwise rendered inoperable.
A.
Whenever any provision of this chapter conflicts with any other provision
of law, rule, or regulation covering the same subject matter, whether
set forth in this chapter or elsewhere, that provision which is more
restrictive or imposes the higher standard or requirement shall govern.
A.
Rules of construction.
(1)
Words used in the present tense include the future; words in the
singular number include the plural, and words in the plural number
include the singular unless the natural construction of the wording
indicates otherwise.
(2)
The words "shall" and "must" are mandatory, and the words "may" and
"should" are permissive.
As used in this chapter, the following terms shall have the
meanings indicated:
A unit for describing the amplitude of sound as measured
on a sound-level meter using the A-weighting network.
The American National Standards Institute or its successor
bodies.
Any site preparation, assembly, erection, repair, alteration,
or similar activity.
The enclosed land surrounding a house or dwelling and includes
all areas maintained in lawn or horticultural plantings and may be
bounded by a fence or wall, but would not typically include areas
more distant than 300 feet from the dwelling unless those areas were
horticulturally maintained and routinely used as areas of personal
refuge, or supported accessory structures that were routinely utilized.
For the purposes of this chapter, "daytime" shall mean from
7:00 a.m. to 8:00 p.m. Sunday through Thursday and 7:00 a.m. to 10:00
p.m. Friday and Saturday.
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 purposes of this chapter, 20 micropascals
shall be the standard reference pressure.
The sound level in decibels determined by the A-weighting
network of a sound-level meter or by a calculation from octave band
or one-third band data.
For the purposes of this chapter only, this term shall mean
the Department of Planning and Zoning, Office of Permits and Inspections,
the Talbot County Sheriff's Office and the Maryland State Police.
In certain circumstances as defined herein, Department shall include
the Talbot County Animal Control Officer.
For the purposes of this chapter, "nighttime" shall mean
all times outside of daytime.
The intensity, frequency, duration, and character of sound,
including sound and vibration of subaudible frequencies.
A Talbot County Code Compliance Officer.
A law enforcement officer having jurisdiction in Talbot County.
Sounds of sufficient volume, character and duration which
unreasonably annoy, disturb, injure or endanger the comfort, health,
safety, welfare, or environment of others, in the opinion of a Talbot
County noise control officer.
Noise levels that can be heard clearly by a person using
his or her unaided hearing faculties. Only those noise levels that
reach noise disturbance are regulated herein.
Noise possessing a repetitive on and off characteristic.
Any individual, group of individuals, firm, partnership,
voluntary association or private, public or municipal corporation,
or political subdivision of any government entity responsible for
the use of the property.
Any sound that can be distinctly heard as a single pitch
or a set of single pitches.
In decibels, the weighted sound pressure level measured by
the use of a sound-level meter satisfying the requirements of ASNI
S1.4 1971 "Specifications for Sound Level Meters." Sound level and
noise level are synonymous. The weighting employed shall always be
specified.
Any person, animal, equipment, location or property, real
or personal, generating noise contributing to noise pollution, or
noise disturbance.
The time of apparent descent of the sun below the horizon.