NOISE ORDINANCE SUMMARY

Size: px

Start display at page:

Download "NOISE ORDINANCE SUMMARY"

Charleen Francis
6 years ago
Views:

1 NOISE ORDINANCE SUMMARY Prepared by Jim Massey for the Cecil County Council July 26, 2013 I. COUNTIES WITH LOCAL NOISE ORDINANCE The following Maryland Counties have a noise ordinance: Anne Arundel, Baltimore City, Baltimore County, Calvert, Caroline, Dorchester, Frederick, Harford, Howard, Montgomery, Prince George's, Washington and Wicomico. Anne Arundel County In residential areas 1985 Use of radio, musical instruments, machines; Heard at distance of 50 feet (no dba measures) Civil fine up to $500 and/or up to 30 days jail if not cease Baltimore City Both Noise regulations and Public Nuisance 2008 Limits decibels by zones (e.g. residential, commercial) Night time restrictions 9pm to 7am Exemptions and temporary exemptions (ambulance, construction) Police enforce, max $500 fine and/or 90 days jail Radio, musical instrument Heard at distance of 50 feet at property boundary Minors Limit loudspeakers to 100 ft, Hawkers; restricted by hours Disturbs peace, unreasonable loud noise Baltimore County Prohibit excessive domestic noise only 1988 Disturbing peace, quiet, comfort Police investigate; can be criminal or civil; Max $500 fine or 90 days jail Responsibility of owner of property Calvert County Adopted state regulations as Calvert County Noise Control Ord County Attorney represents County interest Enforced by Sheriff's Office Max fine $10,000 Caroline County (similar to Carroll) Land zones determine noise level permitted; also day/night Prohibit prominent discrete tones, vibrations Prohibit non-commercial, off road vehicles within 300 ft buffer and must have property owner's permission. Limits noise at hospital, senior facilities, church, library, funeral home 1

2 Exemptions for household maintenance, lawn care/snow removal, agricultural equipment, demolition, motor vehicles, aircraft, trains, boats, air conditioning, sporting events, pets, trash collection Measure noise from property line 4 ft high Can grant waiver Penalty is Class E civil infraction Carroll County Land zones determine noise level permitted; also day/night 2005 Prohibit prominent discrete tones, vibrations (similar Dorchester) Prohibit non-commercial, off road vehicles within 300 ft buffer and must have property owner's permission Limits noise at hospital, senior facilities, church, library, funeral home Exemptions for household maintenance, lawn care/snow removal, agricultural equipment, demolition, motor vehicles, aircraft, trains, boats, air conditioning, sporting events, pets, trash collection Measure noise from property line 4 ft high Can grant waiver Fines, 1st $250, 2nd $500, 3rd $1,000 (within a year) Dorchester County Prohibit noise disturbance that produce physical discomfort or 2001 annoyance Police will warn once, Fine $100, 2nd offence $200 Sheriff's Dept enforces Includes noise across boundaries or audible 50 ft away Includes radio, horns, out of repair motor vehicles, construction equipment, power equipment, security alarms (15min max) animals, aircraft, boats without muffled exhaust, Time limits for lawn equipment, construction Frederick County Adopted state regulations Land zone and time limits measured in decibels Construction limited to 90 dba during daytime Prohibit vibration beyond property line and tones/periodic noises beyond 5dBA lower than applicable level (55-75dBA) No off road vehicle closer than 300 ft from resident without permission Exempts emergency, agricultural equipment, motor vehicles, aircraft, boats, events and gatherings, trains and air conditioning, household pets, construction on public property; and exempts during daytime demolition, household 2

3 tools, trash collection, marina equipment, and lawn care/snow removal. Measurement equipment per MDE, ANSI Measurement taken at property line Harford County Time limited between 11pm and 6am 1993 Prohibit vocal, radio, instrument, tool or equipment in residential areas during nighttime hours Excludes utilities, government, VFC, farm equipment, business under certain circumstances Police warn once, if continue, fine of $250, 2nd $500, 3rd $1,000 Brochure; Citizens Guide to Noise Regulations Howard County Refers to State sound level table (land zone (Res, Comm, Indust) 1997 and day/night Construction limited to daytime Measure at property line Exemptions for emergency, house tools, motor vehicle on public road, aircraft, boats, agricultural equipment, events, train, construction on public road, air conditioning; and daytime only exemption for demolition and lawn care/snow removal. Montgomery County Established Dept of Environmental Protection to administer 2004? Has Noise Advisory board Noise level limits in dba by residential/non-residential; day/night Department can approve noise suppression plan Executive can designate noise sensitive area Exempts seasonal events Measuring equipment ANSI approved Specific limits on leaf blowers Waivers for temporary events Enforced by Police or other executive agencies Class A violation; Police can issue civil citation; either officer witness or two witnesses Can have recurring violations, multiple days if not relent Prince George's County Department of Environmental Resources administers 2011 Exempts emergency, government, airplanes, events on private property with permit, farm equipment; and daytime only lawn care/snow removal, household tools or equipment Max fine $500 1st; $1,000 subsequent offences Enforced by Dept of Environmental Resources and/or Police Civil citation issues 3

4 Washington County 1997 Wicomico County Adopted State ordinance Adopted state ordinance with table of land zone and time Defined day as 7a to 10p and night as 10p to 7am. II. COUNTIES WITHOUT ANY LOCAL NOISE ORDINANCE The following Maryland Counties do not have a noise ordinance: Allegany, Charles, Garrett, Kent, Queen Anne's, St. Mary's, Somerset, Talbot and Wicomico. III. SUMMARY OF STATE CODE through 506 State Code does not limit counties from adopting noise control ordinance but County cannot adopt less stringent noise controls than state. Counties cannot limit noise at various shooting or sports clubs State's Department of the Environment should adopt environmental noise standards, sound level limits and noise controls rules and regulations as necessary. County may enforce the sound level limits and noise control rules and regulations by investigating a complaint concerning noise, conducting test, assessing degree of abatement. Measure sound level at boundary of property or land use category. If county determines violation of title, after notice to violator, can issue corrective order. A county may bring action to correct violation. Civil penalty not to exceed $10,000, but county may compromise and settle any claim for civil penalty. If within a year, civil penalty is compromised, county can return 75% of penalty paid. A person is not subject to action for violation if the person has submitted a plan to county. Each County must send a copy of their noise control ordinance to the Department of the Environment with a zoning map that identifies the sound level limits. State established Environmental Noise Advisory Council to review progress and problems, suggest new laws, and evaluate the adequacy of program. The Department can assist counties with noise control efforts. The Department maintains at least two calibrated sound level meters for use by counties. The Department may assist counties with technical assistance in the form of personnel or equipment. The Department can issue a corrective order for a violation of sound level limit or noise control rule or regulation. A civil penalty of up to $10,000 can be collected. Violators may submit a plan for compliance to avoid action. 4

5 IV. SUMMARY OF COMAR Title 26, Subtitle 02, Chapter 03 The State places maximum allowable noise level (dba) limits by land use categories. During the day, the noise level limit are 75 dba for Industrial, 67 dba for Commercial and 65 dba for residential. During the night, the noise level limits are 75 dba for Industrial, 62 dba for Commercial, and 55 dba for Residential. Construction or demolition sites are limited to 90 dba during the day and dba during the evening, dependent on land category. Prominent discrete tones and periodic noises are limited to 5 dba lower than the applicable sound level dba. Vibrations of sufficient intensity must not be sensed outside the property line. A person may not operate or permit to be operated an off-road internal combustion engine powered recreational vehicle, including dirt bike, all terrain vehicle, go cart, snowmobile, or similar vehicle, on private property closer than 300 feet to a neighboring residence or the associated curtilage (enclosed land surrounding a house or dwelling and include all areas maintained in lawn or garden plantings and may be bounded by a fence or wall, but would not typically include areas more distant than 300 feet from house unless those areas had gardens and used as a personal refuge), without the written permission of the affected resident, unless it can be demonstrated to the Department that the vehicle can be operated within the noise limits specified in the table. The State exempts emergency vehicles, agricultural field equipment, motor vehicles on public road, aircraft, boats, sporting events, entertainment events, public gatherings, rapid transit, construction on public property, air condition equipment, household pets, parades, and fairs. The State exempts during the daytime only, the following: household tools or equipment, la2w care and snow removal equipment, demolition, quarrying, electrically amplified sound, sporting clubs, trash collection, and marina equipment. The Department may recommend equipment that has ANSI approval. The measurement of noise levels are conducted at points on or within the property line of the receiving property or the boundary of the zoning district, and may be conducted at any point for the determination of identity in multiple source situations. 5

DISTRICT COURT OF MARYLAND - CRIMINAL CASE ACTIVITY REPORT JUL - JUNE (FY06) Jury Trial Prayer

DISTRICT COURT OF MARYLAND - CRIMINAL CASE ACTIVITY REPORT JUL - JUNE (FY06) Filed District County Guilty Not Guilty Before Judgment Trial Forwarded to Circuit Court Disposed Prayer Nolle Prosequi Stet