Chapter 117

NOISE

[HISTORY: Adopted by the Mayor and Council of the Town of Chestertown 9-26-1983 as Ord. No. 3-83. Amendments noted where applicable.]

GENERAL REFERENCES

Parades -- See Ch. 123.

~ 117-1. Findings of fact; legislative intent; statutory reference.

A. Findings.

(1) Excessive noise, when unnecessary to the carrying on of religious, political, civic, commercial or other constitutionally protected activities or when not generated in the course of other activity needful to the carrying on of daily life, creates a significant threat to public health, safety and welfare in an area of population density such as Chestertown;

(2) Those noises which are most detrimental to public health, safety and welfare in Chestertown and which are least necessary to the carrying on of any constitutionally protected or otherwise necessary activity are those which are loud, boisterous, raucous, unseemly or generated solely for the purpose of the entertainment of a person or group of persons without regard to the health, safety and welfare of others who, because of population density, are unable to avoid being subjected to such noises;

(3) There has been an alarming increase in the frequency and volume of such noise, particularly with regard to loud parties and to the plethora of portable sound-producing and sound-reproducing devices available on the market today; and

(4) The Mayor and Town Council of Chestertown has received an increasing number of complaints from the citizens of Chestertown regarding such noise.

B. Intent. It is hereby the intent of the Mayor and Town Council of Chestertown to enact this legislation as a vehicle for the control and regulation of excessive noise that poses a threat to the health, safety and welfare of the citizens of Chestertown without affecting or impacting upon any commercial, religious, political, civic or other constitutionally protected activity, except where such impact is clearly indicated and where religious, civic, political, charitable or civic organizations provide entertainment, as in the case of fund-raisers.

C. Effect of provisions upon statutory authority. Nothing in this chapter is intended to pre-empt or alter any of the provisions of Title 22, Subtitle 4, of the Transportation Article or of Article 27, ~ 121, of the Annotated Code of Maryland.

~ 117-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

COUNCIL -- The Town Council of Chestertown.

HIGHWAY -- The entire width between the boundary lines of any way or thoroughfare in which any part is used by the public for vehicular travel, whether or not the way or thoroughfare has been dedicated to the public and accepted by any proper authority.

PERSON -- Any individual person or any group, association, company, firm, partnership, corporation or other type of commercial enterprise.

TOWN -- The Town of Chestertown.

~ 117-3. Loud and disturbing noises prohibited.

It shall be unlawful for any person to make, continue, cause to be made or continued or permit to be made or continued any loud and disturbing noise prohibited by this chapter.

~ 117-4. Noises and acts generally prohibited; prima facie evidence; violations and penalties.

A. Prohibited noises. The following noises are hereby declared to be loud and disturbing noises in violation of this chapter:

(1) The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street, way, highway, avenue or alley or other public place except when reasonably necessary to ensure safe operation.

(2) The creation, by means of any horn or signaling device, of any unreasonably loud or harsh sound.

(3) The sounding of any horn or signaling device for an unnecessary or unreasonable length of time.

(4) The sounding of any horn or signaling device except one operated by hand or electricity.

(5) The sounding of any horn, whistle or other signaling device operated by engine exhaust.

(6) Yelling, shouting, hooting, whistling or singing at any time or place so as to annoy or disturb the quiet, comfort or repose of any persons in any dwelling, hotel, other type of residence or business establishment.

B. Prohibited acts. The following acts are hereby declared to be productive of loud and disturbing noises and are hereby declared to be in violation of this chapter:

(1) The playing, using or operating of any radio-receiving set, 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 other persons in the vicinity, or at any time with a louder volume than is necessary for convenient hearing for the person or persons who are voluntary listeners thereto and who are in the immediate vicinity, vehicle or chamber in which such machine or device is operated.

(2) The causing or permitting of any of the acts set forth in Subsection B(1) of this section.

C. Prima facie evidence. The operation of any radio-receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to be plainly audible at a distance of fifty (50) feet from the device, building, structure or vehicle in which the noise is generated shall be prima facie evidence of a violation of this chapter.

D. Penalty. Any person violating any provision of this section is guilty of a municipal infraction and subject to a penalty as provided in ~ C11-4B of the Charter.

~ 117-5. Noise generated from sources used for entertainment purposes; determination of violation; authority of police officers; violations and penalties.

A. Prohibited noise. It shall be unlawful for any person or persons to play, use, operate or permit to be played, used or operated any radio, musical instrument, phonograph or other machine or device designed for the producing or reproducing of sound if such sound is for the purpose of entertainment or is used for that purpose and:

(1) The noise source is located in or upon a public street, highway, sidewalk, park, thoroughfare or other public area or is located in or upon a public access area, including, but not limited to, a shopping mall or a parking lot, or on any private property and the sound can be heard more than fifty (50) feet from its source; or

(2) The noise source is in a building or other structure and the sound can be heard more than one hundred (100) feet away from the building or structure or beyond the boundaries of the property surrounding such building or structure, whichever is greater.

B. Prima facie evidence. It shall be prima facie evidence of a violation of this section if the noise can be heard outside the limits set forth in Subsection A(1) and (2) of this section.

C. Presumptions.

(1) Where the source of the prohibited noise, as set forth in Subsection A(1) of this section, is a portable noise-producing or noise-reproducing device, including, but not limited to, a radio, tape recorder or tape player, and where such device is present in or is being transported through a public street, highway, area or access area or is present on any private property, the person or persons in possession of the device shall be presumed to have permitted the noise in violation of this section in the absence of evidence to the contrary.

(2) Where the source of the prohibited noise, as set forth in Subsection A(2) of this section, is located in a building or other structure, the owner, occupant, resident, manager or other person in possession of the premises shall, if present, be presumed to have permitted the noise in violation of this section in the absence of evidence to the contrary.

D. Warnings; arrests. A police officer, if he has probable cause to believe a violation of this section is being committed in his presence, view or range of hearing, may warn the apparent perpetrator or perpetrators to cease such noise which violates this section. If the violation persists after such warning, the officer may arrest, without a warrant, the perpetrator or perpetrators of the violation, and it is not necessary for the officer to have received a complaint in order to so act.

E. Penalty. Any person violating any provision of this section is guilty of a municipal infraction and subject to a penalty as provided in ~ C11-4B of the Charter.

~ 117-6. Noise generated from loudspeakers or similar devices; determination of violation; violations and penalties.

A. Prohibited noise. It shall be unlawful for any person or persons to broadcast or to permit to be broadcast, for advertising purposes or for any other purposes whatsoever, sound over a speaker, loudspeaker or other device for the production, reproduction or amplification of sound in any manner so as to allow the sound to be audible to normal human hearing beyond a distance of one hundred (100) feet from the premises of the building, vehicle or property wherein such device is located or upon which or to which such device is affixed.

B. Prima facie evidence. It shall be prima facie evidence of a violation of this section if the noise can be heard outside the limits set forth in Subsection A of this section.

C. Presumption. The owner, manager or other person in possession of the building, vehicle or property from which emanates sound prohibited by Subsection A of this section shall, if present, be presumed to have permitted the noise in violation of this section in the absence of evidence to the contrary.

D. Penalty. A violation of this section shall be a municipal infraction subject to a fine as provided in ~ C11-4B of the Charter.

~ 117-7. Temporary exemptions from provisions; permit requirements.

A. A permit for a temporary exemption from the provisions of ~ 117-4, 117-5 or 117-6 of this chapter may be issued by the Mayor and Council for commercial, political, civic, charitable or other community activities, including, but not limited to, fund-raisers, carnivals, bazaars, meetings and other activities of other than a day-to-day nature.

B. Each application for such permit shall be addressed to the Mayor and Council, shall be accompanied by a fee of one dollar ($1.) and shall set forth the following:

(1) The date and the hours between which such noise is to be made.

(2) The nature of the mechanical device to be employed for such purpose.

(3) The person or persons to be in charge of the operation thereof.

C. The application shall be rejected by the Mayor and Council if there is a good and sufficient reason within the meaning and purpose of this chapter for rejecting the application.

~ 117-8. Applicability of provisions.

The provisions of ~~ 117-4, 117-5 and 117-6 of this chapter shall not apply to the following:

A. Town-sponsored events in public parks.

B. Federal, state or local government agencies.

C. Public service companies as defined in Article 78 of the Annotated Code of Maryland.