[HISTORY: Adopted by the Mayor and Council of the Town of
Galena 9-2-2008 by Ord. No. 08-02 (Ch. III, Art. 9, of the 1990 Code
of Ordinances). Amendments noted where applicable.]
It is the policy of the Mayor and Council of the Town of Galena
that the citizens of the Town are entitled to an environment that
is free of noise levels which are detrimental to life, health and
enjoyment of one's property. The purpose of this chapter is establish
the lawful and unlawful limits of noise allowed within the Town and
the enforcement authority, procedures and requirements pertaining
thereto.
As used in this chapter, the following terms shall have the
meanings indicated:
Any noise whose level does not vary to the human ear for
at least five minutes.
Unless specifically noted means the hours from 8:00 a.m.
to 9:00 p.m.
A short burst of sound not exceeding 10 seconds' duration.
Any noise with a sound level that varies to the human ear,
but is more audible for more than a period of 10 seconds.
Unless specifically noted means from 9:00 p.m. to 08:00 a.m.
Any sound occurring on either a continuous, intermittent
or impulsive basis. It also means the intensity, frequency, duration
and character of sound, including sound and vibration of subaudible
frequencies. It shall be classified as a public nuisance.
A.
It shall be unlawful for any person, whether that person be a homeowner,
owner, tenant, firm, or corporation, to cause a violation of this
section or to allow on property that this person owns or occupies,
or on any property that this person has a right or license to occupy,
any noise or sound level in violation of this section or any violation
of this chapter.
B.
It shall be unlawful for the parent, guardian, or other adult person
having the care and custody of a minor under the age of 18 years to
knowingly permit such minor to violate this section or any violation
of this chapter. The parent/guardian/custodian shall be deemed to
have knowingly permitted the violation if the violation continues
after the Town and/or law enforcement personnel have duly notified
the parent/guardian/custodian of the violation.
C.
Nothing in this chapter shall be deemed as to abridge or conflict
with powers of the State of Maryland and/or the laws of Kent County
over noise control.
Except as otherwise provided in this chapter, a noise which
emanates from any operation, activity, or source and which exceeds
the maximum permissible sound levels established by the following
section is prohibited. Any noise audible from a distance greater than
the distance specified in this section is presumed to exceed the maximum
permissible sound level.
A.
Provided that any noise is not audible within any residential area,
if the sound emanates from sources located within a nonresidential
zone, the maximum permissible sound level is:[1]
(1)
Daytime:
(a)
Any continues noise audible from a distance of 50 feet or less
from either the source of the noise or the property that is the source
of the noise.
(b)
Any intermittent noise audible from a distance of 100 feet or
less from either the source of the noise or the property that is the
source of the noise.
(c)
Any impulsive noise repeated at least once within a five-minute
period that is audible from a distance of 150 feet or less from either
the source of the noise or the property that is the source of the
noise.
(2)
Nighttime: any noise audible from a distance of 50 feet or less from
either the source of the noise or the property that is the source
of the noise.
B.
If the noise emanates from sources located within a residential use
zone or if the noise can be heard within a residential use zone, regardless
of its place of origin, the maximum permissible sound level is:
(1)
Daytime:
(a)
Any continuous noise audible from a distance of 50 feet or less
from either the source of the noise or the property that is the source
of the noise.
(b)
Any intermittent noise audible from either the source of the
noise or a distance of 50 feet or less from the property that is the
source of the noise.
(c)
Any impulsive noise audible from either the source of the noise
or a distance of 50 feet or less from the property that is the source
of the noise.
(2)
Nighttime: any noise audible from a distance of 50 feet or less from
either the source of the noise or the property that is the source
of the noise.
A.
There shall be an exemption from noise above the maximum permissible
sound levels outlined in this chapter if the noise is due to construction,
repair, demolition of structures, facilities, or public roads or rights-of-way.
Except for emergencies, this exemption shall not apply during the
nighttime hours and on Sundays and Christmas Day.
B.
Noise in excess of the noise limits specified in this chapter and
emanating from power equipment for garden, lawn or trees, such as
saws, drills, sanders, grinders, garden tools and snow-blowers and
leaf-blowers, shall be permitted when such equipment is performing
productive work during daytime hours and when equipment is used in
accordance with manufacturers' specifications.
The use or operation of motor vehicles in the Town of Galena
in such a way as to exceed the maximum sound levels established by
this chapter is prohibited.
The following special noise restrictions are hereby established
without regard to their distance impact unless specifically noted
in this section and shall be enforced without warning procedures hereinafter
prescribed.
A.
Prohibitions. It shall be unlawful to operate any vehicle [including all-terrain vehicles (ATVs)] to exceed the noise levels specified in § 118-4 of this chapter. This pertains to all vehicles which cannot be licensed to operate on Maryland public highways.
B.
Motor vehicle horns. It shall be unlawful for any person to sound
a horn or other signaling device on any motor vehicle except as an
emergency or danger warning signal.
C.
Radios, phonographs, etc. It shall be unlawful to operate any radio,
phonograph, loudspeaker or any other noise-producing device upon public
streets, rights-of-way or parks if the noise is audible 30 feet from
the noise-producing device, unless a permit has been issued for special
occasions by the Town.
D.
Muffler cutoffs. It shall be unlawful to use a muffler cutout bypass
or similar device on any motor vehicle.
E.
Selling by outcry. It shall be unlawful to sell anything by outcry
except during the daytime hours when authorized by a permit or as
a part of a sporting event, parade, fair, circus, or other entertainment
event authorized by the Town.
F.
Amplified musical instruments. It shall be unlawful for any person
to use any drum or amplified musical instrument upon the streets or
other public rights-of-way or parks without a permit issued by the
Town.
G.
Hours. It shall be unlawful to operate any radio, record player, audio system, television set, or create noise in any other way audible to others located or living nearby, or so as to disturb the peace, tranquility, and quiet of any neighborhood, unless an exemption is granted by the Town for a special event. Maximum allowable permissible sound levels are set in § 118-4 of this chapter.
H.
Mechanically powered tools. It shall be unlawful to operate or permit
the operation of any mechanically powered saw, drill, sander, grinder,
lawn or garden tool, snow-blower or similar device in residential
areas during nighttime hours so as to cause a noise or disturbance
across a residential real property boundary.
I.
Alarm signals. It shall be unlawful to allow an alarm signal to sound, either continuously or at intervals, for a period of 30 minutes or more if such sound is audible from a distance of at least 50 feet from the source of the sound and/or disturbs the peace and good order of the neighborhood. The owner of the real or personal property that is the source of the above sound shall be presumed to have knowledge of this sound and shall be responsible for assuring that this situation is corrected to meet the requirements of § 118-4 of this chapter.
The provisions of this chapter shall not apply to:
A.
Warning devices for public safety, such as police, fire and ambulance
sirens and train horns.
B.
Motor vehicles employed in emergency work by a governmental agency
or a public utility.
C.
Devices used in conjunction with places of worship, such as church
bells.
D.
Aircraft, trains or similar types of sound.
E.
Other exemptions established by the Town.
A.
Request for exemption or permit. Any individual who believes that
meeting the requirements of this chapter is a hardship may request
an exemption or permit to its requirements.
B.
To whom request shall be made. Request for exemptions or permits
shall be made to the Town, in writing, and shall include evidence
to show that compliance is not practical.
C.
Hearing. Upon receipt of a request for an exemption or permit, the
individual may be requested to appear before the Mayor and Council
to present evidence as to why they should be exempt.
D.
Grant of exemption. Based on the evidence presented the Mayor and
Council, at their discretion, may grant an exemption for a specified
period of time and/or indefinite period.
E.
Factors. Exemptions or permits may only be granted by the Mayor and
Council after considering all the facts. Some of the factors to be
considered are as follows:
(1)
The extent of the exemption or permit proposed and the impact of
the noise on the immediate neighborhood;
(2)
The hardship on the applicant if the exemption is not granted;
(3)
The size and character of the area affected;
(4)
The public safety;
(5)
The time of day and the particular circumstances when the event will
occur; and
(6)
The benefits that will be derived by the community if the exemption
is granted.
A.
It shall be the duty of the Town Administrator or his/her designee to notify the owner(s) of the property and/or the vehicle or other types of nuisances involved to immediately abate and remove public nuisances (if necessary) to meet the requirements of § 118-4 of this chapter.
B.
Upon failure of said owner to remove said public nuisance, the nuisance
shall be removed by the Town and the cost thereof be charged to said
owner(s) unless cause to the contrary be shown by filing objections,
in writing, to the Town Administrator.
Any person, firm, or corporation who fails to abate a nuisance
as defined in this chapter shall be guilty of a municipal infraction
and shall be fined not less than $25 nor more than $100. Each day
a violation continues is a separate violation.
