As used in this chapter, the following terms shall have the meanings
indicated:
NOISE DISTURBANCE
Any sound which annoys or disturbs a reasonable person of normal
sensibilities or jeopardizes the value of property and erodes the integrity
of the environment or causes actual or imminent interference with the peace
or good order.
RESIDENTIAL DISTRICT
An area designated as R-1 Residential District, R-2 Residential District,
RB Residential Business District, or RO Residential Office District, as shown
on the Zoning Map of Havre de Grace, Maryland.
The following shall be exempt from the provisions of this chapter:
A. The sounding of safety signals and warning devices as
a danger warning in such a manner as would otherwise cause a noise disturbance.
B. The operation by the United States Government, the State
of Maryland, Harford County, Maryland, the Mayor and City Council of Havre
de Grace, a volunteer fire company, a volunteer ambulance corps or other local
government agency or a public service company as defined by Article 78 of
the Maryland Annotated Code of a vehicle or equipment in response to an emergency
in such a manner as would otherwise cause a noise disturbance.
C. Producing or emitting noises generated from the provision
of municipal services by the Mayor and City Council of Havre de Grace or its
agents in such a manner as would otherwise cause a noise disturbance.
D. Producing or emitting noise generated by parades, public
gatherings and any other activity which is permitted or sanctioned by the
Mayor and City Council of Havre de Grace in such a manner as would otherwise
cause a noise disturbance.
E. 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 and those bells, chimes,
carillons that are presently installed and in use for any purpose in such
a manner as would otherwise cause a noise disturbance.
F. Operation of lawn maintenance equipment when it is functioning
within manufacturer's specifications and with all mufflers and noise-reducing
equipment in use and in proper operating condition between the hours of 7:00
a.m. and 10:00 p.m. in such a manner as would otherwise cause a noise disturbance.
G. The production or generation of nonamplified crowd noises
resulting from the activities such as those conducted by day-care centers,
schools, governmental or community groups in such a manner as would otherwise
cause a noise disturbance.
H. The production or generation of electronically amplified
announcements at athletic events in such a manner as would otherwise cause
a noise disturbance.
The Board of Appeals shall have the authority to grant variances from
the literal enforcement of this chapter.
A. Written application. Any person seeking a variance from
this chapter shall file a written application with the Director of Administration.
B. Factors to be considered in the decision of the Board of Appeals. The Board of Appeals shall consider the factors set forth in §
25-17B of Article
III, Board of Appeals, of Chapter
25, Boards, Committees and Commissions, in granting or denying the variance.
C. Appeals. Any party aggrieved by a decision
of the Board of Appeals may appeal to the Circuit Court for Harford County
in the manner set forth in the applicable sections of the Annotated Code of
Maryland, as amended.
Violations of this chapter shall constitute a municipal infraction.