It shall be unlawful for any person to make, continue or cause to be
made or continued any loud, unnecessary or unusual noise or any noise which
endangers the health, safety or welfare of the community or which annoys,
disturbs, injures or endangers the comfort, rest, health, peace or safety
of others within the Town of Federalsburg.
The following acts, among others, are declared to be loud, unnecessary, and disturbing and a danger to the health, safety and welfare of the community and its people, in violation of §
121-1, but the enumeration shall not be deemed to be inclusive:
A. No person shall play, use, operate or permit to be played,
used or operated any radio receiving set, musical instrument, phonograph or
other machine or device for the production or the reproduction of sound with
louder volume that is necessary for convenient hearing of the person so playing,
using or operating such instrument or device and such persons who are voluntary
listeners or neighboring inhabitants. The use or operation of any such instrument,
radio, phonograph, machine or device, in such a manner as to be plainly audible
at a distance of 50 feet from the building, structure, vehicle or place in
which it is used or operated, shall be prima facie evidence of a violation
of this chapter.
B. Yelling, shouting, hooting, whistling or singing or the
making of loud and disturbing noises by the use of clappers, bells, horns,
musical instruments or similar devices at any time or place so as to unreasonably
annoy or disturb the quiet, comfort or rest of any person in any residence,
hospital, school, place of business, street or public place.
C. 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.
D. The use of any automobile, motorcycle, truck or vehicle,
so out of repair or loaded or operated in such a manner, as to create loud
and unnecessary grating, grinding, rattling or other noise.
E. The creation of loud and excessive noises in connection
with the loading or unloading of any vehicle or the operating and distraction
of bales, crates and containers.
F. The operation or use of any power lawn mower, chainsaw,
fencepost driller or the like between 30 minutes after sunset and 7:00 a.m.
G. Any of the following activities when occurring in close
proximity to residences between 30 minutes after sunset and 7:00 a.m.: the
warming up or idling of buses, trucks or tractors and the unnecessary or unreasonable
or repeated idling, acceleration and deceleration or starting and stopping
of automobiles and motorcycles.
H. Using, operating or permitting to be played, used or
operated, any receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier, tape recorder or other machine or device for the producing
or reproducing of sound which is left upon the public streets for the purposes
of commercial advertising or for any other purpose except as authorized by
the government or in public emergencies, provided that such devices may be
employed in connection with nonprofit charitable, educational, civic, religious
or recreational activities in accordance with permit first obtained therefor
from the Town office.
I. Outdoor concerts, except in accordance with permits first
obtained therefor from the Town office.
J. The excavation, grading, paving, erection, demolition,
alteration or repair of any premises, street, building or structure at any
time on Sundays or other than between the hours of 8:00 a.m. and 6:00 p.m.
on Saturdays or between the hours of 7:00 a.m. and 6:00 p.m. on all other
days, except in case of urgent necessity in the interest of public health
and safety and, if the nature of the emergency will admit the prior procurement
of a permit, then only in accordance with a permit first obtained from the
Town Engineer as to public street work or from the Town Building Inspector
as to other work, pursuant to this section. Such a permit may be granted for
a period not to exceed three days or less while the emergency continues. Notwithstanding
the foregoing, if the Mayor and Council or Building Inspector, as the case
may be, shall determine that the public health and safety will not be impaired
by such work within the prohibited hours and that loss or inconvenience would
result to any party in interest, he may grant permission for such work to
be done within the prohibited work hours upon application being made at the
time the permit for the work is issued or during the progress of the work.
The provisions of this subsection shall not apply to interior or exterior
repairs or to interior alterations, the work for which is actually performed
by a homeowner or occupant personally, between the hours of 7:00 a.m. and
11:00 p.m., upon residential premises that are owned by such occupant, provided
that the work shall be done without undue noise or disturbance of peace and
quiet of the neighborhood.
K. The creation of any excessive noise on any street or
property adjacent to any school, institution of learning, church or court
while the same is in use or adjacent to any hospital which unreasonably interferes
with the working of such institution or which disturbs or unduly annoys patients
in the hospital.
An applicant for a permit hereunder shall have the right to appeal to
the Mayor and Council from the denial of the permit by the issuing clerk.
Such appeal shall be taken by filing a written notice of appeal addressed
to the Mayor and Council. Such notice shall be filed within three days after
the issuing clerk shall have notified the applicant of the denial of the permit.
The Mayor and Council shall act upon the appeal as soon as practicable after
receiving the notice thereof and shall give the applicant an opportunity to
be heard before taking action. The Mayor and Council may affirm the issuing
clerk's denial of the permit or may grant the permit with modifications
or conditions.
Nothing in this chapter shall be construed to apply to church bells or chimes nor to the playing of bands or orchestras in a hall or building in a manner which will not annoy the peace, comfort and quiet of the neighboring inhabitants nor to municipal, county, state or federal governmental agencies in connection with any emergency nor to normal working activities of or activities sponsored by the Mayor and Council nor to warning devices on other vehicles used only for traffic safety purposes nor to any event or permitted activity or exempt activity under Chapter
189, Special Events.
In addition to the public, law enforcement officers and others who are
designated hereunder shall have the power to enforce and bring complaints
under this chapter.
Violation of any provision of this chapter shall be deemed a municipal infraction and, upon conviction, be punishable as provided in Chapter
1, Article
I.