[HISTORY: Adopted by the City Council of the City of Bowie 11-6-1989 by Ord. No. O-19-89 (Ch. 13 of the 1989 Code). Amendments noted where applicable.]
[Amended 11-6-2000 by Ord. No. O-4-00, effective 12-6-2000; 2-6-2023 by Ord. No. O-1-23]
As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL LAND USE
Property zoned or used for the sale of goods or services or for office uses.
DAYTIME
The hours from 7:00 a.m. to 9:00 p.m., local time.
dBA
Abbreviation for decibels of sound as determined by the A-weighting network of a sound level meter or by calculations from octave band or 1/3 octave band data.
DECIBEL (db)
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 purpose of this chapter, 20 micropascals shall be the standard reference pressure.
INDUSTRIAL LAND USE
Property zoned or used for manufacturing or storing goods.
NIGHTTIME
The hours from 9:00 p.m. to 7:00 a.m., local time.
OWNER
The person listed on the property tax records of Prince George's County and/or Maryland State Department of Assessments and Taxation as the property owner.
PERSON
Any individual, group, firm, association, agency or other entity.
PLAINLY AUDIBLE
Any sound that can be heard by the complaining person; however, words or phrases need not be discernible and the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound.
RECEIVING PROPERTY
Any real property where people live or work and where noise is heard, including an apartment, condominium unit or cooperative building unit.
RESIDENTIAL LAND USE
Property zoned or used for dwellings.
SOUND
An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces, that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
SOUND LEVEL
In decibels, the weighted sound pressure level measured by the use of a sound level meter. "Sound level" and "noise level" are synonymous. The weighting employed shall always be specified.
SOUND LEVEL METER
An instrument meeting International Electrotechnical Commission and American National Standards Institute standards comprising a microphone, an amplifier, an output meter, and frequency weighting network(s) that is used for the measurement of sound pressure levels in a specified manner.
UNREASONABLY LOUD NOISE
Noise of such intensity, frequency, duration and character of sound that it may harm the public health, safety or general welfare or significantly interfere with the enjoyment of life and/or property. "Unreasonably loud noise" includes, but is not limited to, noise that results in hearing loss or interferes with sleep, communication, or work or other daily activities.
[Amended 11-6-2000 by Ord. No. O-4-00, effective 12-6-2000]
A. 
It is prohibited for any person located within the City to make any noise or operate any sound amplifier on any property owned or occupied by such person, or to permit any noise to be made or any sound amplifier to be operated on property owned or occupied by such person, at a level higher than those set forth in Subsection B of this section and that is plainly audible to any person beyond the property line of such property. Such sound may be measured from:
[Amended 2-6-2023 by Ord. No. O-1-23]
(1) 
Any point along the front line of the property or any part of the perimeter property line upon which the noise is being made or generated; or
(2) 
Any place on adjacent property, provided that the person measuring the sound shall first obtain the permission of the adjacent property owner to enter upon said property.
B. 
The noise prohibited in Subsection A of this section shall include noise exceeding the following standards:
Land Use of Receiving Property
Maximum Decibel Level
Industrial
75 dBA, daytime or nighttime
Commercial
67 dBA, daytime
62 dBA, nighttime
Residential
60 dBA, daytime
50 dBA, nighttime
C. 
The equipment and techniques employed in the measurement of noise levels may be those recommended by the Maryland Department of the Environment, which may, but need not, refer to currently accepted standards of recognized organizations, including, but not limited to, the American National Standards Institute (ANSI), American Society for Testing and Materials (ASTM), Society of Automotive Engineers (SAE), and the United States Environmental Protection Agency (EPA).
[Amended 11-6-2000 by Ord. No. O-4-00, effective 12-6-2000; 3-21-2011 by Ord. No. O-6-11, effective 4-20-2011; 2-6-2023 by Ord. No. O-1-23]
A. 
In addition to the prohibition set forth in § 13-2 of this chapter, it shall be unlawful, at any hour during the daytime or nighttime, for any owner or occupant of real property located within the City to make or generate any loud or raucous sound on said property, or to permit any loud or raucous sound to be made or generated on said property, or for any person to make or generate any loud or raucous sound on public property, so as to cause unreasonable annoyance to or disturbance to others living or located nearby. The following, among others, are declared to be loud and unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive, namely:
(1) 
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or 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; and the sounding of any such device for an unnecessary and unreasonable period 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.
(2) 
Loudspeakers, amplifiers. Using, operating or permitting to be played, used, or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, tape recorder or other machine or device for the producing or reproducing of sound which advertises a commercial enterprise or attracts the attention of the public to any property, building or structure, except as authorized by the government or in public emergencies.
(3) 
Yelling, shouting, etc. Yelling, shouting, hooting, whistling, using profanity or obscene or unreasonably offensive language or singing so as to annoy or disturb the quiet, comfort, or repose of persons in any office or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.
(4) 
Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the quiet, comfort or repose of any persons in the vicinity.
(5) 
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(6) 
Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(7) 
Loading, unloading, opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle, dumpster or container or the opening and destruction of bales, boxes, crates, and similar containers during the nighttime.
(8) 
Construction or repairing of buildings. The erection (including excavation), demolition, alteration or repair of any building or structure other than between the following hours:
(a) 
Monday through Friday: 7:00 a.m. and 6:00 p.m.
(b) 
Saturday and Sunday: 9:00 a.m. and 6:00 p.m.
(9) 
Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors and/or bells and music emanating from any vehicle or equipment used by a peddler, hawker or vendor that disturb the peace and quiet of the neighborhood.
(10) 
Drums or other instruments. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale or for any other purpose so as to annoy the quiet, comfort or repose of persons in the vicinity.
(11) 
Metal rails, pillars and columns, transportation thereof. The transportation of rails, pillars or columns of iron, steel or other material, over and along streets and other public places upon carts, trays, cars, trucks, or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places.
(12) 
Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
(13) 
Auto maintenance tools and equipment. The operation of any auto maintenance tools or equipment which causes noise due to the use of internal combustion or electric engines or pneumatic power so as unreasonably to annoy the quiet, comfort or repose of persons in the vicinity.
(14) 
No person operating or occupying a motor vehicle on any street, highway, alley, parking lot, or driveway, public place or private property shall operate or permit the use or operation of any sound amplification system, including, but not limited to, any radio, tape player, compact disc player, loudspeaker, or any other device used for the production, reproduction or amplification of sound from within the motor vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle or, in the case of a motor vehicle on private property, beyond the property line. Prohibitions contained in this subsection shall not be applicable to emergency or public safety vehicles or vehicles owned and operated by a government or any utility company, for sound emitted unavoidably during job-related operation.
B. 
The generation of noise prohibited by Subsection A of this section is a municipal infraction subject to the penalty set forth in § 13-6 of this chapter; provided, however, that no municipal infraction citation shall be issued except upon the observation of circumstances constituting a violation of this section by a City code enforcement officer or upon the submission of written complaints to the City, on an affidavit form obtained from the City, by at least two witnesses residing in separate households, each of whom must be at least 18 years of age and have personal knowledge of the alleged violation.
[Amended by Ord. No. O-25-91, effective 11-20-1991; 3-21-2011 by Ord. No. O-6-11, effective 4-20-2011]
A. 
This chapter shall not apply to activities or events conducted or sponsored by the City, county or state.
[Amended 2-6-2023 by Ord. No. O-1-23]
B. 
The provisions of this chapter shall not apply to sound equipment used by public service companies as defined in the Public Utilities Article of the Annotated Code of Maryland, or to federal, state or local governmental agencies.
[Amended 2-6-2023 by Ord. No. O-1-23]
C. 
This chapter shall not apply to sound not electronically amplified 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. This exemption only applies between the hours of 7:00 a.m. and 12:00 midnight.
D. 
This chapter shall not apply to the erection (including excavation), demolition, alteration or repair of any building or structure between the hours of 6:00 p.m. and 7:00 a.m. on weekdays and 6:00 p.m. and 9:00 a.m. on weekends where it is necessary for public health and safety to allow such activity, and then only with prior written permission from the City Manager. Said permission may be granted by the City Manager for a period not to exceed three days. If the emergency continues, said permission may be renewed for a period of three days. If the City Manager determines that the public health or safety will not be impaired by the excavation of streets and highways at times other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and 9:00 a.m. and 6:00 p.m. on weekends, and if the City Manager further determines that loss or inconvenience would result to any party in interest, the City Manager may grant permission for such work to be done at such times upon written request being made at the time the permit for the work is awarded or during the progress of the work.
[Added 4-14-1996 by Ord. No. O-1-96]
E. 
This chapter shall not apply to lawn care and snow removal equipment when maintained in accordance with the manufacturer's specifications and used between the hours of 7:00 a.m. and 9:00 p.m. Monday through Friday, and between the hours of 9:00 a.m. and 9:00 p.m. Saturdays and Sundays.
[Amended 2-6-2023 by Ord. No. O-1-23]
F. 
This chapter shall not apply to household tools and portable appliances in normal usage between the hours of 7:00 a.m. and 9:00 p.m. Monday through Friday, and between 9:00 a.m. and 9:00 p.m. Saturdays and Sundays.
[Amended 2-6-2023 by Ord. No. O-1-23]
G. 
This chapter shall not apply to household generators used during an emergency or for which routine testing or maintenance is being performed between the hours of 9:00 a.m. and 7:00 p.m.
[Added 2-6-2023 by Ord. No. O-1-23]
It shall be unlawful for any person owning, operating or managing a commercial establishment within the City to permit unreasonably loud and unnecessary noise from the premises, including any outdoor area that is part of or under the control of the establishment, between the hours of 9:00 p.m. and 7:00 a.m. when the noise has unreasonable adverse effects on adjacent or nearby residents. Those noises prohibited by §§ 13-2A and 13-3A of this chapter and the sound created by garbage, trash, solid waste and recycling collection activities by commercial property owners and operators are declared to be unreasonably loud and unnecessary noises in violation of this section.
[Amended 11-6-2000 by Ord. No. O-4-00, effective 12-6-2000; 3-21-2011 by Ord. No. O-6-11, effective 4-20-2011; 2-6-2023 by Ord. No. O-1-23]
A. 
Violations of this chapter are municipal infractions, subject to the penalty and enforcement provisions of Chapter 1, § 1-6 of this Code, except that:
(1) 
Any violation of § 13-3A(8) of this chapter as a result of new residential or commercial development shall be subject to a fine of $500 for the first violation and $1,000 for each subsequent violation;
(2) 
Any violation of § 13-3A(2) or (3) of this chapter shall be subject to a fine of $500 for the first violation and $1,000 for each subsequent violation; and
(3) 
Any violation of § 13-5 of this chapter shall be subject to a fine of $750 for the first violation and $1,000 for each subsequent violation.
B. 
Each hour during which a violation of §§ 13-2 and 13-3 of this chapter shall continue to exist shall constitute a separate and additional violation. Each day that a violation of § 13-5 occurs is a separate offense.