Town of Cottage City, MD Peace and Good Order

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.

Nothing in this section shall be deemed to abridge or conflict with the powers of the State of Maryland or of Prince George's County over noise control.

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 subsection is prohibited. Any noise audible from a distance greater than the distance specified in this subsection is presumed to exceed the maximum permissible sound level.

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.

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:

Daytime:

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.

Any intermittent noise audible from a distance of the 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.

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.

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:

Daytime:

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.

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.

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.

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

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.

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.

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:

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.

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.

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 Town Manager.

(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 11:00 p.m. it shall be unlawful between the hours of 11:00 p.m. and 8:00 a.m. to operate any radio, record player, audio system, 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.

Applicability. The maximum permissible sound limits and prohibitions of this § 6-1 shall not apply to:

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

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

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 § 6-1 or established by the Town Commissioners for the public good.

Exemption procedure.

Request for exemption or permit. Any person who believes that meeting the requirements of this section is not practical in a particular case may request an exemption or permit to its requirement.

To whom requests made, form, evidence. Requests for exemptions or permits shall be made to the Town Clerk in writing and shall include evidence to show that compliance is not practical.

Hearing. Upon receipt of a request for an exemption or permit, the Town Commission 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 Commission considering the following factors:

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

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.

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 or the county of the nature of the alleged violation and shall be warned and ordered to cease the violation and not repeat it or else by 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.

Violations. Violations of this § 6-1 are declared to be a municipal infraction. The penalty of violation shall be $50 for each initial offense and $500 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.

§ 6-2 Drinking.

[Amended 7-11-2018 by Emergency Ord. No. 2018-10A]

Except as provided in Subsection B, any person who shall, within the limits of the Town of Cottage City, in any street or alley, in any public place, drink any intoxicating liquor of any kind, possess an open container of alcohol in public view, or act in a disorderly manner to the disturbance of the public peace shall be guilty of disorderly conduct.

An individual may consume an alcoholic beverage on public property if authorized by the governmental entity that has authority over the property provided that the individual drinking said beverage does not act in a disorderly manner to the disturbance of the public peace.

§ 6-3 Loud and profane language.

Any person who shall, within the limits of the Town of Cottage City, in any street, alley or other public place, use any loud, boisterous, or indecent language within the hearing of others, and to the disturbance of the public peace, shall be guilty of disorderly conduct.

§ 6-4 Throwing objects at vehicles.

It shall be unlawful for any person to throw or propel, or cause to be thrown or propelled any object, substance, or paper against or into any vehicle within the corporate limits of the Town of Cottage City.

§ 6-5 Public drunkenness.

It shall be unlawful for any person to appear upon the streets, alleys or other public places in the Town of Cottage City in such drunken condition as to be unable to take care of themselves, or in such condition as to disturb the public peace.

§ 6-6 Loitering.

It shall be unlawful for any person or persons to loaf and loiter at any time upon any street, corner, alley, vacant lot, school, church or other public place in the Town of Cottage City, whether on foot or in an automobile.

§ 6-7 Guns.

It shall be unlawful to discharge any gun, pistol or other firearm or air rifle or sling shot within the corporate limits of the Town of Cottage City.

§ 6-8 Begging and panhandling.

It shall be unlawful to engage in begging or panhandling within the corporate limits of the Town of Cottage City.

§ 6-9 Signs on public property.

All persons must obey all rules and signs posted by authority of the Town on public property and rights-of-way.

§ 6-10 Presence and conduct of minors on streets and public places.

Definitions. For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word "shall" is always mandatory and not merely directory.

CITY

The Town of Cottage City.

CUSTODIAN

Any person over the age of 21 who is in loco parentis to a juvenile.

GUARDIAN

Any person other than a parent who has legal guardianship of a minor.

MINOR

Any person under the age of 18.

PARENT

The natural or adoptive parent of a minor.

PUBLIC PLACE

Any street, alley, highway, sidewalk, park, playground or other place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A "public place" shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore, pool room, shopping center, and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.

Curfew for minors. It shall be unlawful for any minor to walk or to cruise about without a set destination in any vehicle in, about or upon any place in the city between the hours of 10:00 p.m. and 5:30 a.m. Sunday through Thursday and between the hours of 11:00 p.m. and 5:30 a.m. Friday through Saturday unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor or unless the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the care and custody of the minor or where the presence of such minor is connected with or required by some employment, trade, profession or occupation.

Responsibility of owners of public places. It shall be unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors under the age of 18 between the hours and times stated in Subsection B.

Parents' responsibility. It shall be unlawful for the parent, guardian or other adult person having custody or control to allow such person to be on the streets or sidewalks or on or in any public property or public place within the city between the hours and times stated in Subsection B. However, the provisions of this section do not apply to a minor accompanied by his parent, guardian, custodian or other adult person having the care, custody or control of the minor, or if the minor is on an emergency errand or specific business or activity directed by his parent, guardian, custodian or other adult having the care and custody of the minor, or if the parent, guardian or other adult person herein has made a missing person notification to the Police Department.

Special functions. Any minor attending a special function or entertainment of any church, school, club, or other organization that requires such minor to be out at a later hour than that called for in Subsection B shall be exempt from the provisions of Subsection B of this section provided the church, school, club or other organization or the individual or his or her parent or guardian shall register in advance with the Chief of Police or his designate to have the minors stay out to this later hour. The registrant shall state the time the function or entertainment shall end, and the minors who attend the function shall be required to be in their homes or usual places of abode within 1/2 hour after the function is ended.

Procedures.

Any police officer upon finding a minor in violation of Subsection B shall ascertain the name and address of such minor and warn the minor that he is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the Chief of the Police Department who in turn shall notify the parents, guardian or person having custody or control of such minor.

BUILDING RESTRICTION LINE

If such minor refuses to heed such warning or direction by any police officer or refuses to give such police officer his correct name and address, or if the minor has been warned on a previous occasion that he or she is in violation of curfew, he or she shall be taken to the Police Department and the parent, guardian or other adult person having care and custody of such minor shall be notified to come and take charge of the minor. If the parent, guardian or other adult person above cannot be located or fails to come and take charge of the minor, the minor shall be released to the juvenile authorities of Prince George's County.

Penalties. Any minor violating the provisions of § 6-10 shall be dealt within accordance with the Juvenile Court law and procedure. Any parent, guardian or other adult person having the care and custody of a minor violating this section shall, after having been previously notified under § 6-10F of this section be fined not more than $100 for each offense.

§ 6-11 Emergency barricades.

It shall be unlawful for any person to drive any vehicle and to disobey or cause any person or animal under his or her control to disobey any police barricades erected to control pedestrian and vehicular traffic where a need for such has been determined and authorized by the Chief of Police because of a local and temporary emergency which cannot safely be dealt with in any other manner.

§ 6-12 Fences and barriers.

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

The building setback requirement established by the Prince George's County Zoning Ordinance which establishes the closest point to a street that a building may be constructed in the zone in question.

FENCE

Any structure, barrier or partition erected for the purpose of enclosing a piece of land, dividing a piece of land into distinct proportions, separating two contiguous estates, or stopping and/or creating an obstacle to pedestrian crossing; or consisting of a section or sections of any type of fencing material, chain, railing, arbor, trellis or any type of similar structure constructed or set in place between the front or side building line and any dedicated street; and made of any material such as blocks, bricks, stones, wood, iron, wire, plastics, concrete, or any other building or construction materials.

Fences over 48 inches in height and fences of any height over one foot which are open for less than 50% of its surface (as viewed by a person directly facing the fence) are prohibited between the curbline of any paved street and the building restriction line for that street, regardless of whether the fence is constructed in the front, side or rear yard of the particular property in question.

The side yard of a property that is not on a corner lot and rear yard of any property may be enclosed by a fence no higher than six feet so long as such fence does not violate the prohibition in § 6-12B above.

General restrictions.

Any wall or fence not in keeping with the provision of § 6-12 herein is prohibited.

No fence or barrier made in whole or in part of barbed wire, razor wire or chicken wire shall be erected or constructed along or adjacent to any street, avenue, road, alley, public walk, or immediately adjacent to an adjoining lot or property line.

No wall or fence, the design or construction of which, in the judgment of the Commissioners, would be detrimental to the public welfare, health, safety or comfort of the citizens of the Town of Cottage City will be permitted to be erected.

The provisions of this section shall apply to all residential properties within the Town of Cottage City except those for which a special exception has been granted by the Commissioners.

All fences or walls which were constructed prior to the enactment of this ordinance dated April 12, 1995 and which are not in conformance with this section must be either granted a special exception or removed by January 1, 1996.

Special exceptions.

The Commissioners may consider an application for a special exception to the above fence requirements and may grant an exception authorizing the construction of a fence or wall not in strict compliance with § 6-12 provided they find that said fence or wall:

Is not a danger to the general public;

Does not unduly interfere with or obstruct the visibility of motorcyclists, cyclists or the immediate neighbors;

(c)

Is not a detriment to or inharmonious with the existing ordinances applicable to the property;

(d)

Does not adversely affect the health, safety, welfare or peace of the general public or the immediate neighbors;

(e)

Will not unduly restrict the enforcement or administration of any municipal, county or state ordinance or regulation; and

(f)

Is located in such circumstances that the application of § 6-12B would work a hardship on the owner or the applicant, or is located in such unusual circumstances that justify not enforcing § 6-12B.