[HISTORY: Adopted by the City Council of the City of New Carrollton 5-7-1997
by Ord. No. 97-04. Amendments noted where applicable.]
The city hereby declares 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 New Carrollton City Code is to establish the lawful and unlawful
limits of noise within the city and the enforcement procedures and requirements
pertaining thereto.
A.
No person who has been ordered by a police officer or
Code Enforcement Officer to cease using, operating or permitting to be played
or operated any radio, television set, tape or disk recorder, phonograph,
musical instrument or any other machine, equipment or tool which produces
or reproduces any sound or noise which is audible more than fifty (50) feet
from the source of the sound or noise shall continue to use, operate or permit
to play or operate the device causing the sound or noise.
B.
Except as provided in § 67-4B(3), this section shall apply only to a sound or noise which is audible in a residential area between the hours of 11:00 p.m. and 7:00 a.m. of the next day. Residential area is an area located within a residential zone listed in Section 27-109(a)(1) of the Prince George's County Code.
C.
This section shall not apply to:
(1)
Any sound resulting from the emergency operation of a
public service company as defined in Article 78, Section 2(o), Annotated Code
of Maryland;
(2)
Any sound resulting from the operations of an instrumentality
of the federal, state or county government or of a municipality; or
(3)
A sound resulting from the operation of farm equipment
or aircraft.
Notwithstanding anything to the contrary hereinabove, it shall be unlawful
for any person at any time of the day or night to make, continue or cause
to be made or continued any unreasonably loud noise or any noise which either
annoys, disturbs, injures or endangers the comfort, repose, health, peace
or safety of others within the corporate limits of the City of New Carrollton
and is audible beyond fifty (50) feet from the source of said sound or noise.
A.
The sounding of any horn or signaling device on any automobile,
motorcycle 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 an 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, television sets, tape or disk recorders,
phonographs and musical instruments:
(1)
The using of, operating of, or permitting to be played,
used or operated any radio receiving set, television set, tape or disk recorder,
musical instrument, phonograph or other machine or device for the producing
or reproducing of sound in such a 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, television set, tape or disk recorder,
musical instrument, phonograph or other machine or devices for the producing
or reproducing of sound in public parks, streets or other public spaces in
such a manner as is unreasonably loud so as to disturb the peace, quiet and
comfort of other persons or at a louder volume than is necessary for the convenient
hearing of the individual carrying the instrument, machine or device or those
individuals immediately adjacent thereto and who are voluntary listeners thereto.
(3)
The using of, operating of or permitting to be played,
used or operated any radio receiving set, television set, tape or disk recorder,
musical instrument, phonograph or other machine or device for the producing
or reproducing of sound at any time of the day or night in such a manner as
to be plainly audible at a distance of fifty (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 public areas 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 between the
hours of 11:00 p.m. and 7:00 a.m. after having been warned to quit or cease
such noise making.
(2)
Yelling, shouting, hooting, whistling or singing on the
public streets or public areas or from private property in such a manner as
to be plainly audible at a distance of fifty (50) feet from the public street,
public area, building, structure or vehicle from which the noise emanates,
between the hours of 11:00 p.m. and 7:00 a.m.
It shall be unlawful for any person to knowingly permit the making,
creation or maintenance of unreasonably loud noises upon any premises owned
or possessed by him or her or under his or her control.
It shall be unlawful for any person or persons, firm or corporation to violate any of these sections which are hereby declared by the City Council to be municipal infractions, subject to the provisions of § 1-21A of this Code. Any violation which occurs or continues after initial notice or citation shall constitute a separate or repeat offense.
