[HISTORY: Adopted by the Mayor and Council
of the City of College Park 9-10-1985 by Ord. No. 85-O-5; amended in its entirety 3-24-1998 by Ord. No.
97-O-25. Subsequent amendments noted where applicable.]
The City Council finds that the people of this
city have a right to an environment that is free from noise that may
jeopardize their health, general welfare or property and that there
is a substantial body of knowledge on the adverse effects of excessive
noise on the public health, general welfare and property.
As used in this chapter, the following terms
shall have the meanings indicated:
The American National Standards Institute or its successor
bodies.
The Noise Control Board of the City of College Park, Maryland.
Temporary activities directly associated with site preparation,
assembly, erection, repair, alteration, or demolition on roadways
or private property.
[Added 9-24-2019 by Ord.
No. 19-O-09]
The period between 7:00 a.m. and 8:00 p.m., Monday through
Friday, and between 8:00 a.m. and 8:00 p.m. on Saturdays, Sundays
and holidays.
[Amended 9-24-2019 by Ord. No. 19-O-09]
The abbreviation for the sound level in decibels determined
by the A-weighting network of a sound-level meter or by calculation
from octave band or 1/3 octave band.
The abbreviation for the sound level in decibels determined
by the C-weighting network of a sound level meter meeting the standards
set forth in ANSI S1.4-1983 or its successors.
[Added 8-14-2007 by Ord. No. 07-O-16]
A unit of measure, on a logarithmic scale, or 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.
The Director of the Department of Public Services of the
City of College Park.
A sound which is relatively intense, intermittent and of
short duration and is neither part of the neighborhood residual sound
nor the sound source under investigation.
[Added 8-14-2007 by Ord. No. 07-O-16]
The measured value which represents the sum of the sound
from all discrete sources affecting a given site at a given time,
exclusive of extraneous sounds, and those from the source under investigation.
"Neighborhood residual sound level" is synonymous with "background
sound level."
[Added 8-14-2007 by Ord. No. 07-O-16]
The period between 8:00 p.m. and 7:00 a.m. Monday through
Friday, and between 8:00 p.m. and 8:00 a.m. on Saturdays, Sundays
and holidays.
[Amended 9-24-2019 by Ord. No. 19-O-09]
The intensity, frequency, duration and character of sound,
including sound and vibration of subaudible frequencies.
Any noise that is:
[Added 9-24-2019 by Ord.
No. 19-O-09]
Unpleasant, annoying, offensive, loud, or obnoxious;
Unusual for the time of day or location where it is produced
or heard;
Detrimental to the health, comfort, quality of life, or safety
of any individual or to the reasonable enjoyment of property or the
lawful conduct of business because of the loudness, duration, or character
of the noise; or
Exceeds the objective standards of this chapter.
Any radio receiving set, microphone, musical instrument,
phonograph, speaker(s) or other machine or device for the producing
or reproducing of sound.
The measured level in decibels which represents the summation
of the sounds from the sound source under investigation and the neighborhood
residual sounds which affect a given place at a given time, exclusive
of extraneous sound sources. In decibels, the weighted sound-pressure
level measured by the use of a sound-level meter satisfying the requirements
of ANSI SI.4, 1971, Specifications for Sound-Level Meters. "Sound
level" and "noise level" are synonymous.
[Amended 8-14-2007 by Ord. No. 07-O-16]
An instrument meeting ANSI SI.4, 1971, Specifications for
Sound-Level Meters, comprising a microphone, an amplifier, an output
meter and a frequency-weighting network or networks that is used for
the measurement of sound-pressure levels in a specified manner. Sound-level
meters used to determine compliance with this chapter shall meet or
exceed the specifications for Type II sound-level meters.
[Amended 9-24-2019 by Ord. No. 19-O-09]
Minute fluctuations in atmospheric pressure which accompany
the passage of a sound wave.
In decibels, 20 times the logarithm to the base 10 of the
ratio of sound pressure to the reference sound pressure of 20 micropascals
(20 micronewtons per square meter). In the absence of any modifier,
the level is to be that of a root mean square pressure.
A.Â
Creation and membership.
(1)Â
There is hereby created a Noise Control Board to assist
and advise the City in its noise control efforts; to coordinate the
exchange of noise control information with the Maryland Department
of Health and Mental Hygiene and other public bodies, agencies or
commissions; to hold hearings and make findings; and to promulgate
rules to implement this chapter.
(2)Â
The Noise Control Board shall consist of five members,
four of whom shall be appointed by the Council members, one from each
of the four election districts, and one of whom shall be appointed
by the Mayor.
(3)Â
In addition to the foregoing membership, there shall
be two alternate members appointed at large by the City Council who
may attend all Noise Control Board meetings. In the absence of any
regular member of the Noise Control Board, the Chairperson may designate
one of the alternate members to participate in the hearing of and
decision on any matter coming before the Noise Control Board. In the
absence of two or more regular members of the Noise Control Board,
the Chairperson shall designate one or both of the alternate members
to participate in the hearing of and decision on any matter coming
before the Noise Control Board.
B.Â
A quorum of the Noise Control Board shall consist
of three members.
D.Â
The members of the Noise Control Board shall select
from among themselves a Chairperson.
A.Â
Nothing herein shall be construed as promulgating
a standard less stringent than the environmental noise standards and
sound-level limits adopted under Title 3 of the Environment Article
of the Annotated Code of Maryland, as amended from time to time.
B.Â
In accordance with Title 3 of the Environment Article
of the Annotated Code of Maryland, the City shall send to the Maryland
Department of the Environment a copy of each noise control ordinance,
rule or regulation that it adopts and identify on each Zoning Map,
Comprehensive Plan or other appropriate document the sound-level limits
that are adopted.
[Amended 8-14-2007 by Ord. No. 07-O-16; 7-12-2016 by Ord. No. 16-O-04; 9-24-2019 by Ord. No.
19-O-09]
A.Â
It shall be unlawful:
(1)Â
For any owner or occupant of real property located
within the City to make or to generate loud or raucous sound on said
property, or to permit any loud or raucous sound to be made or generated
on said property, so as to cause unreasonable annoyance or disturbance
to others living or located nearby or to create a noise disturbance
or permit the creation of a noise disturbance;
(2)Â
For the owner or occupant of real property located
within the City to make any noise or operate any sound amplifier on
said property, or to permit any noise to be made or any sound amplifier
to be operated on said property, so as to be clearly audible to any
person located beyond the property line of such property at a level
higher than 65 dBA during the day or 55 dBA during the night, as such
sound may be measured from any point along the curb in front of the
property line upon which the noise is being generated or at 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. For any multifamily unit, the sound may
be measured from any point outside of the unit from which the noise
emanates; and
(3)Â
For any person to cause, suffer, allow or permit the
operation of an amplified source of sound in such a manner that it
raises the total sound levels to greater than the following permissible
sound level limits, when measured from within a building on an adjacent
property.
(4)Â
A person may not cause or permit the emission of prominent, discrete
tones and periodic noises which exceed a level which is 5 dBA lower
than the applicable level listed in this section.
(5)Â
A person may not cause or permit, beyond the property line of a source,
vibration of sufficient intensity to cause another person to be aware
of the vibration by such direct means as sensation of touch or visual
observation of moving objects.
(6)Â
A person may not operate or permit to be operated an off-road internal
combustion engine-powered recreational vehicle, including, but not
limited to, a dirt bike, an all-terrain vehicle, a go-cart, a snowmobile,
or a similar vehicle, on private property closer than 300 feet to
a neighboring residence or the associated curtilage without the written
permission of the affected resident, unless it can be demonstrated
to the City that the vehicle can be operated within the noise limits
specified in this section.
(8)Â
For the owner or occupant of real property located within the City to permit guests or invitees to such property to make noise on adjacent property, whether public or private, where that noise, if made or generated on the property itself, would violate any provision of Subsection A of this section.
B.Â
It shall be unlawful for the nonresident owner of a property to permit the occupants of such property to violate the provisions of Subsection A of this section. The owner shall not be deemed to have violated this subsection unless the owner, or owner’s agent:
(1)Â
Has received notice from any source, that a current
or prior occupant of such property has, or is alleged to have, previously
engaged in conduct that violates this section regardless of whether
a finding of a violation by the Noise Control Board or by a court
of competent jurisdiction was made; or
(2)Â
Has failed to take action reasonably calculated under
the circumstances to prevent a violation of this section from occurring
or recurring.
C.Â
A violation of this section shall be a municipal infraction, subject to the fine imposed by Chapter 110, Fees and Penalties.
D.Â
Each repeat violation within a twelve-month period shall give rise to a charge as set forth in Chapter 110, Fees and Penalties.
E.Â
Exemptions.
(1)Â
The provisions of this section may not apply to devices used solely
for the purpose of warning, protecting, or alerting the public, or
some segment thereof, of the existence of an emergency or hazardous
situation.
(2)Â
Only the following are exempted from the provisions of this section:
(a)Â
Household tools and portable appliances in normal usage during
daytime hours;
(b)Â
Lawn care and snow removal equipment (daytime only) when used
and maintained in accordance with the manufacturer's specifications;
(c)Â
Blasting operations for demolition, construction, and mining
or quarrying (daytime only);
(d)Â
Aircraft and related airport operations at airports licensed
by the Maryland Aviation Administration;
(e)Â
Motor vehicles on state lands under the jurisdiction of the
Department of Natural Resources;
(f)Â
Emergency operations;
(g)Â
Pile driving equipment during the daytime hours of 8:00 a.m.
to 5:00 p.m.;
(h)Â
Sound, except those sounds that are electronically amplified,
between 7:00 a.m. and 12:00 midnight, created by:
[1]Â
Sporting events (except trapshooting, skeet shooting, or other
target shooting);
[2]Â
Entertainment events;
[3]Â
Other public gatherings operating under and within the restrictions
set by a permit or permission of the City; and
[4]Â
Athletic contests, amusement parks, carnivals, fairs at fairgrounds,
sanctioned auto racing facilities, parades, and public celebrations.
(i)Â
Rapid rail transit vehicles and railroads;
(j)Â
Construction and repair work on public property;
(k)Â
Air conditioning or heat pump equipment used to cool or heat
housing on residential property. For this equipment, a person may
not cause or permit noise levels which exceed 70 dBA for air conditioning
equipment and 75 dBA for heat pump equipment;
(l)Â
Household pets on residential property that are maintained in
accordance with local zoning requirements;
(m)Â
Trash collection operations between the hours of 7:00 a.m. and
8 p.m., Monday through Friday, and between 8:00 a.m. and 8:00 p.m.
on Saturdays, Sundays and holidays.
[Amended 2-22-2000 by Ord. No. 00-O-2; 8-14-2007 by Ord. No.
07-O-16]
A.Â
Code Enforcement or Law Enforcement Officer. When a City Code Enforcement Officer, or a state, county, University of Maryland or other law enforcement officer chosen by the City, determines, based upon the results of a test conducted using a calibrated sound-level meter, that noise is being or has been generated in violation of § 138-5A(2), (3), (4), (5), (6) or (7) of this chapter, a municipal infraction citation shall be issued to the violator(s) in accordance with the provisions of § 6-103 of the Local Government Article, of the Annotated Code of Maryland. In the event that more than one owner and/or more than one occupant of the real property is alleged to have violated the provisions of this chapter, a municipal infraction citation may be issued to each alleged violator.
[Amended 7-12-2016 by Ord. No. 16-O-04; 9-24-2019 by Ord. No. 19-O-09]
B.Â
Noise Control Board.
(1)Â
When two or more City residents submit written complaints that noise is being or has been generated in violation of § 138-5A(1), (5), (6) or (8) of this chapter, which complaints shall be delivered to the City Clerk, or postmarked, within 15 days of the alleged violation, and request a hearing before the Noise Control Board, the Director shall:
[Amended 9-24-2019 by Ord. No. 19-O-09]
(3)Â
When the Noise Control Board determines, in accordance with the provisions of § 138-8 of this chapter, that a violation of § 138-5 has occurred, the Director shall notify the violator of the determination of the Noise Control Board that a violation has occurred and shall cause a municipal infraction citation to be issued to the violator, in accordance with the provisions of § 6-103 of the Local Government Article, Annotated Code of Maryland.
[Amended 9-24-2019 by Ord. No. 19-O-09]
C.Â
(Reserved)
D.Â
The City may seek court action to abate any noise
nuisance in lieu of or in addition to any other enforcement remedies
that may be available pursuant to this chapter.
E.Â
In addition, the Public Services Director shall schedule a show-cause
hearing before the College Park Advisory Planning Commission as to
why the City occupancy permit for the property should not be revoked
for three or more violations of the provisions of this chapter that
have been admitted or that have been determined in court within any
twelve-month period, and may otherwise request such a hearing for
violations of this chapter at his/her discretion.
[Amended 7-12-2016 by Ord. No. 16-O-04; 9-24-2019 by Ord. No. 19-O-09]
A.Â
The notice required to be given by the Director in accordance with § 138-6B(1)(b) of this section shall:
[Amended 2-22-2000 by Ord. No. 00-O-2]
(1)Â
Be in writing;
(2)Â
Include a statement of the reasons why it is being
issued;
(3)Â
Be served upon the owner or his agent and the occupant
of the property upon which the alleged violation occurred;
(4)Â
Include a statement that the hearing referred to in § 138-6B(1)(a) of this section will be held before the Noise Control Board on a specified date and at a specified time for the purpose of determining whether a violation of this chapter has occurred.
B.Â
Service of the notice on the owner or his agent and the occupant of the property pursuant to Subsection A(2) of this section shall be made by certified mail, return receipt requested. In the event that such notice is returned undelivered, service shall be sufficient if mailed by regular mail and posted on the property where the violation is alleged to have occurred.
A.Â
A hearing of the Noise Control Board conducted pursuant to § 138-6B of this chapter shall be open to the public; however, members of the public shall not participate in said hearing unless designated as witnesses by either the complainant(s) or the respondent(s), unless such participation is specifically requested by a member of the Noise Control Board.
B.Â
The proceedings of the Noise Control Board shall be
taperecorded and the recording of the proceedings shall be retained
by the City for a period of not less than one year. The contents of
the tape-recording shall not be transcribed, unless otherwise required
by law or requested by the Noise Control Board.
C.Â
Minutes of the proceedings of the Noise Control Board
shall be taken by the Secretary, when present, and shall be approved
at the next meeting of the Noise Control Board.
D.Â
Notwithstanding the provisions of Subsection A of this section, the Noise Control Board may, in its sole discretion, recess into closed session as part of its deliberative process with respect to alleged violations of § 138-5 of this chapter prior to announcing its decision or determination and to consider the substance of any rules and regulations to be promulgated pursuant to Subsection E of this section, provided that:
(1)Â
The exercise of the authority to deliberate in a closed
session shall require a motion and an affirmative vote thereupon by
a majority of the members of the Board present and eligible to vote;
(2)Â
Notwithstanding the provisions of Subsection B of this section, the proceedings of the Noise Control Board after an affirmative vote to recess into closed session shall not be tape-recorded; however, minutes of the closed session shall be kept which shall not be open to public inspection unless a majority of the members of the Noise Control Board votes in favor of disclosing said minutes; and
(3)Â
Following its deliberations, the members of the Noise
Control Board shall reconvene in open session for the purpose of entertaining
a motion with respect to the Board's determination as to whether there
has been a violation of this chapter. Where the property upon which
the violation in question allegedly occurred is occupied by a person
other than the owner of such property, the Board's determination shall
separately and specifically address whether a violation has been committed
by both the owner and the occupant.
B.Â
In the event that the Board finds that the owner and the occupant of real property have each violated this chapter, the Board shall impose a fine as set forth in Chapter 110, Fees and Penalties, upon the owner and the occupant.
[Amended 2-22-2000 by Ord. No. 00-O-2]
C.Â
In the event that there are more than one owner and/or
more than one occupant, the fine shall be imposed upon each owner
and upon each occupant who has been found in violation of this chapter,
except that in the event that there is more than one occupant, the
fine shall be divided proportionately among those occupants who have
been found to have violated this chapter, with the amount of the fine
imposed on each occupant rounded to the nearest dollar; provided,
however, that in the event that the property is leased to a corporate
entity, the fine for a violation by an occupant shall be imposed upon
such corporate entity.
D.Â
If a violation is a first offense and is not egregious,
the following mitigating factors may be considered by the Board to
warrant a reduction in the amount of the fine to be imposed:
[Amended 7-12-2016 by Ord. No. 16-O-04]
(1)Â
The person subject to a fine has taken action reasonably
calculated under the circumstances to prevent or mitigate future violations
of this chapter, is remorseful and has a present demeanor that demonstrates
a sincere desire to prevent future violations of this chapter;
(2)Â
The person subject to a fine has apologized, prior
to the hearing, to the person(s) who filed the complaint and other
known persons who were disturbed by the violation.
(3)Â
The violation was not lengthy in duration.
[Amended 2-22-2000 by Ord. No. 00-O-2]
Owners of rental housing shall ensure that a
copy of this chapter or a housing rights and responsibilities publication
produced by the city is furnished to each tenant. The city shall make
available a copy of this chapter or the housing rights and responsibilities
publication to each applicant for an annual occupancy permit.