[HISTORY: Adopted by the Mayor and Council of the City of
Hyattsville 12-1-1969; amended
in its entirety 6-21-2022 by Ord. No. 2022-02. Subsequent amendments
noted where applicable.]
For purposes of this chapter, the following words or terms shall
have meanings ascribed to them:
American National Standards Institute or its successor bodies.
Any site preparation, assembly, erection, repair, alteration
or similar activity.
8:00 a.m. to 6:00 p.m., local time.
Any dismantling, destruction or removal activities.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
6:00 p.m. to 10:00 p.m., local time
10:00 p.m. to 8:00 a.m., local time.
The intensity, frequency, duration and character of sound,
including sound and vibration of subaudible frequencies.
Any individual, group of individuals, firm, partnership,
voluntary association or private, public or municipal corporation,
or political subdivision of the state.
The general land use category as designated and defined in
Subtitle 27, Zoning, of the Prince George's County Ordinances.
A.
No person shall cause or permit, subject to the exceptions set forth in § 79-2B, noise to be generated from a residential property that is audible from a distance of 50 feet from the property line of the property where the noise originates.
B.
Exceptions.
(1)
Construction or demolition activities shall be permitted during daytime
hours, provided that such activity shall not be audible from 150 feet
from the property line of the property where said activities are occurring.
Such activities shall not be audible from 50 feet from the property
line during evening hours.
(2)
Household tools and portable appliances in normal usage.
(3)
Lawn care and snow removal equipment (daytime only), excluding the
use of gas-powered leaf blowers, when used and maintained in accordance
with the manufacturer's specifications.
(4)
Agricultural field machinery when used and maintained in accordance
with the manufacturer's specifications.
(5)
Blasting operations for demolition, construction and mining or quarrying
(daytime only).
(6)
Motor vehicles on public roads.
(7)
Aircraft.
(8)
Motor vehicles or boats on state lands or waters.
(9)
Emergency utility operations.
(10)
Pile-driving equipment during the daytime hours of 8:00 a.m. to 5:00
p.m.
(11)
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.
(12)
Rapid rail transit vehicles and railroads.
(13)
Any activity causing noise if a variance for such activity and the
noise resulting there from 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.
(14)
Use of any machinery or vehicles by personnel of the State of Maryland
or any political subdivision thereof.
It shall be unlawful for any person to make, continue or cause
to be made or continued any of the following noises, which are hereby
declared to be loud and unnecessary.
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.
(1)
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.
(2)
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 during nighttime
hours 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.
(1)
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.
(2)
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.
D.
The operation of any vehicle equipped with any broadcasting, record-playing
or amplification system when any music, the human voice or any other
noise shall be broadcast from said vehicle.
Any owner of property who shall permit loud and unnecessary
noise or noise which is in violation of the level established by this
chapter shall be subject to the penalties hereof.
B.
Effective July 1, 2024, violations of § 79-6B will be addressed by the City in the following manner:
(1)
For any first offense, the City will issue a warning to the property
owner or person responsible for the violation.
(2)
For any second offense, the City will issue a warning to the property
owner or person responsible for the violation, which shall include
a notice informing them that the City will issue a municipal infraction
for any subsequent violations.
The City will implement a phased ban on the use of gas-powered
leaf blowers within the City's municipal boundaries, as follows:
A.
B.
The rebate program. During the applicable periods of the gas-powered leaf blower rebate program, as set forth in Subsection D, the rebate program will operate in the following manner:
(1)
A homeowner, renter, or landscaping contractor must purchase an electric
leaf blower to be eligible to participate in the rebate program.
(2)
Trade-in events will be arranged for or held at the discretion of
the Director of Public Works.
(3)
At a trade-in event, the homeowner or landscaping contractor will
submit the following:
(a)
Proof of residency.
(b)
A receipt, or other proof of purchase, evidencing the amounts
expended by the eligible homeowner or the landscaping contractor in
purchasing an electric leaf blower.
(c)
An operable gas-powered leaf blower that is owned by the eligible
homeowner or landscaping contractor, which will be forfeited in exchange
for the rebate.
(d)
For eligible landscaping contractors, a list of at least 10
properties located within the City's municipal boundaries upon
which the landscaping contractor provides landscaping services.
C.
Restrictions. The following restrictions shall apply to the City's
gas-powered leaf blower rebate program:
(1)
Trade-ins shall be limited to one gas-powered leaf blower per eligible
household or up to three gas-powered leaf blowers for eligible landscaping
contractors.
(2)
Eligible residents may not trade in gas-powered leaf blowers that
are owned by anyone other than a resident who maintains a household
within the City's municipal boundaries. In the event of a violation
of this subsection, the violator will be issued a fine not to exceed
$100.
(3)
Eligible landscaping contractors may not trade in gas-powered leaf
blowers for other contractors. In the event of a violation of this
subsection, the violator will be issued a fine not to exceed $250.
D.
The gas-powered leaf blower rebate program. The gas-powered leaf
blower rebate program shall be implemented in a phased structure,
as set forth below:
(1)
From August 1, 2022, through July 31, 2023:
(a)
Eligible homeowners will be reimbursed for 75% of the value
of an electric leaf blower purchased to replace a gas-powered leaf
blower, in an amount not to exceed $150.
(b)
Eligible landscaping contractors will be reimbursed for 75%
of the value of electric leaf blowers purchased to replace gas-powered
leaf blowers, in an amount not to exceed $900, or a maximum rebate
of $300 per each electric leaf blower purchased.
(2)
From August 1, 2023, through January 31, 2024:
(a)
Eligible homeowners or renters will be reimbursed for 50% of
the value of an electric leaf blower purchased to replace a gas-powered
leaf blower, in an amount not to exceed $100.
(b)
Eligible landscaping contractors will be reimbursed for 50%
of the value of electric leaf blowers purchased to replace gas-powered
leaf blowers, in an amount not to exceed $600, or a maximum rebate
of $200 per each electric leaf blower purchased.
(3)
From February 1, 2024, through August 1, 2024:
(a)
Eligible homeowners will be reimbursed for 25% of the value
of an electric leaf blower purchased to replace a gas-powered leaf
blower, in an amount not to exceed $50.
(b)
Eligible landscaping contractors will be reimbursed for 25%
of the value of electric leaf blowers purchased to replace gas-powered
leaf blowers, in an amount not to exceed $300, or a maximum rebate
of $100 per each electric leaf blower purchased.
(4)
The City's gas-powered leaf blower rebate program shall end
on August 1, 2024. After that date, the City will not accept trade-ins
of gas-powered leaf blowers, and no rebate shall be provided.
E.
Disposal of gas-powered leaf blowers. Any gas-powered leaf blowers
received by the City pursuant to the gas-powered leaf blower rebate
program will be safely disposed of.
