The Mayor and Council of the City of Seat Pleasant hereby declare it to be the public policy of the City 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 chapter of the Seat Pleasant Code is to establish the lawful and unlawful limits of noise within the City and the enforcement procedures and requirements pertaining thereto.
[HISTORY: Adopted by the Mayor and Council of the City of Seat Pleasant 2-14-1994 by Ord. No. 94-01; amended in its entirety 6-2-2025 by Ord. No. O-25-11. Subsequent amendments noted where applicable.]
Means anything other than a residential zone or industrial zone.
Means temporary activities directly associated with site preparation, assembly, erection, repair alteration, or demolition of structures or roadways.
Means whose level does not vary to the human ears for at least five minutes.
Unless otherwise specifically noted, means the hours from 8:00 a.m. to 9:00 p.m.
Means decibles of sound as determined by the A-weighing network of a sound level meter or by calculation from octave band or one-third octave band data.
Means a unit of measure equal to 10 times the logarithm to the base 10 of the ratio of a particular sound pressure squared to the standard reference pressure squared. The standard reference pressure is 20 micropascals.
Means a short burst of sound not exceeding 10 seconds.
Means any noise with a sound level that varies to the human hearing but it is audible for more than a period of 10 seconds.
Unless otherwise specifically noted, means the hours from 9:00 p.m. to 8:00 a.m.
Means any sound occuring on either a continuous, intermittent, or impulsive basis. It also means intensity, frequency, duration and character of sound, including sound and vibration of subaudible frequencies.
Means any property in a residential zone.
Means any person, installation, device, or animal cause or contributing to noise.
A.
It shall be unlawful for any person, whether that person be a homeowner, owner, tenant, firm, or corporation, to cause a violation of this chapter 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 in violation of this chapter or any violation of this chapter.
B.
It shall be unlawful for any person to make, continue to be made or continue any excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety of others within the limits of the City.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive.
A.
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, street car 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.
B.
Radios, phonographs, etc. The using, operating 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. The operation of any such set, instrument, phonograph, machine or device is a violation when the noise level exceeds 65 decibels between 6:00 a.m. and 8:00 p.m. (Monday through Friday); between 8:00 p.m. and 6:00 a.m. (Monday through Friday) and 10:00 p.m. and 8:00 a.m. (Saturday, Sunday and holidays), 55 decibels between 8:00 p.m. and 6:00 a.m. (Monday through Friday), between 10:00 p.m. and 8:00 a.m. (Saturday, Sunday and holidays), or within a distance of 50 feet from the building, structure or vehicle in which it is located shall be prohibited.
C.
Loudspeakers; amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
D.
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, or within a distance of 50 feet from the building, structure or vehicle in which it is located shall be prohibited at any time or place 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.
E.
Animals, birds, etc. The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity.
F.
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
G.
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.
H.
Loading and unloading; opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
I.
Construction or repairing of buildings. The erection (including excavation), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the City Administrator, which permit may be granted for a period not to exceed three days or fewer while the emergency continues and which permit may be renewed for periods of three days or fewer while the emergency continues. If the City Administrator should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m. and if he/she shall further determine that loss or inconvenience would result to any party in interest, he/she may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.
J.
Peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
K.
Drums. 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.
L.
Metal rails, pillars and columns and transportation thereof. The transportation of rails, pillars or columns of iron, steel or other material over and along the streets and other public places upon carts, trays, cars or 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.
M.
Pile drivers, hammers, etc. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.
N.
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.
A.
Maximum allowable noise levels.
(1)
Except as otherwise provided in this section, a person must not cause or permit noise levels that exceed the following levels:
Maximum Allowable Noise Levels (DBA) | |||
|---|---|---|---|
Day/Night | Industrial | Commercial | Residential |
Day | 75 | 67 | 65 |
Night | 75 | 62 | 55 |
(2)
If the noise emanates from sources located within a nonresidential zone, the maximum permissible sound level is:
(a)
Daytime:
[1]
Any continous 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.
[2]
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.
[3]
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.
(3)
If the noise emanates from sources located within a residential use zone or if the noise can be heard within a residential use zone. Regardless of its place of origin, the maximum permissible sound level is:
(a)
Daytime:
[1]
Any continous 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.
[2]
Any intermitten noise audible from either the source of the noise or a distance of 50 feet or less from the property that is the source of the noise.
[3]
Any impulsive noise audible from either the source of the noise or a distance of 50 feet or less from the property that is the source of the noise.
A.
The equipment and techniques employed in the measurement of noise levels under this chapter may be those recommended by the Maryland State Department of the Environment, which may, but need not, refer to currently accepted standards or 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).
B.
A violation of this chapter may be established by the use of a commercially available noise meter that complies with one or more of the standards listed in Subsection A.
C.
The measurement of noise levels shall be conducted at points on or within the property line of the receiving property or the boundary of a zoning district, and may be conducted at any point for the determination of identity in multiple source situations.
D.
The detection of sound by an enforcement officer at a distance of 50 feet is sufficient to constitute a plainly audible sound. No provision of this chapter shall be interpreted to limit enforcement based on a lack of evidence of a sound level meter reading. Evidence based on the audible impressions formed by an enforcement officer is equally sufficient to that of sound level meter reading.
A.
Upon written request, the City Manager or their designee may waive any part of this chapter for a temporary event if the noise of the event will create or cause in excess of the limits established under this chapter is offset by the benefits of the event to the general public. Any waiver granted under this section shall be for a limited and finite duration.
B.
The City Manager shall provide public notice of a request for a waiver under this section by posting such notice on the City's website, publication in the City's newsletter, and posting a sign at the location of the source. The City Manager may not approve a request for a public waiver under this section until at least 10 days after the initial posting or publication of public notice.
C.
The City Manager may grant a waiver if the Manager determines that compliance in a particular case is not practicable and would impose undue hardship.
D.
Before granting a waiver, the City Manager shall consider the use of the property from which the noise source will emanate, the uses of adjoining and surrounding properties and the likely impact of a waiver on those properties, the type and anticipated levels of the noise for which the waiver is requested, and the duration and frequency of the event for which the waiver is requested.
E.
If the City Manager grants a waiver, the Manager may impose reasonable conditions to mitigate any adverse impace on adjoining and surrounding properties that might be caused by the waiver.
F.
The City Manager, after notice and opportunity to be heard, may suspend, modify, or revoke a waiver granted under this section if a person violates the terms or conditions of the waiver.
A.
Unless otherwise herein provided, before issuing an initial citation subjecting the violator to a fine or other penalties, the alleged violator or the owner of the source of noise in question shall be advised verbally or in writing by an officer of the City of the nature of the alleged violation and shall be warned and ordered to cease the violation and not repeat if or else be subject to a fine or other penalties. If such alleged violator or owner fails to cease the violation or should repeat the violation, then a citation subjecting the violator or owner to a fine or other penalties shall be issued. No warning needs to be issued if the source of the noise is a vehicle, or if a warning has been issued within the last 90 days of the alleged violator or property owner.
B.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined $500 on the first offense or for the first offense, a written warning and $1,000 for each additional violation within a six-month time frame. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision hereof and which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.