[HISTORY: Adopted by The Commissioners of
St. Michaels 3-23-2005 by Ord. No. 314; amended in its entirety 8-23-2006 by Ord. No.
342. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Noise Control Ordinance."
This chapter was passed by The Commissioners
of St. Michaels in recognition that the people, business owners, and
visitors of the Town have a right to an environment that is free from
excessive noise, which jeopardizes their health, general welfare,
or property, or otherwise degrades the quality of their lives in the
Town.
For the purposes of this chapter, the following
words, terms, phrases, and their derivations shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future tense, words used in the plural
number include the singular number, words used in the singular number
include the plural number, and the pronoun of any gender shall include
all other genders. The word "shall" is always mandatory and not merely
directory.
A person who has been expressly authorized, or placed in
a position, by another person (called the "principal") to act for
the principal. An agent shall include an employee acting within the
actual or apparent scope of his employment for his employer; an officer
of a corporation or other legal entity acting within the scope of
his actual or apparent authority; and a person who is expressly placed
in a position of, or allowed to act in, temporary control of property
by a person who has the legal right to control or occupy that property.
Persons who are licensed by the State of Maryland, who, for
a fee, use tools and machinery in the construction, drilling, repair,
alteration, renovation, maintenance, dredging, pile driving, or demolition
of structures and property.
[Added 3-14-2018 by Ord.
No. 488]
Persons who, for a fee, use mowers and tractors for the purpose
of cutting grass, and provide other miscellaneous services associated
with lawn maintenance.
[Added 12-10-2014 by Ord. No. 454]
The governing body of the Town of St. Michaels, Maryland.
The abbreviation for the sound level in decibels by the A-weighting
network of a sound level meter or by calculation from octave band
or one-third octave band.
[Added 12-10-2014 by Ord. No. 454]
A unit of measure equal to 10 times the logarithm to the
base 10 of the ratio of the square of the sound pressure to the square
of a standard reference pressure. For the purpose of this chapter,
20 micro-pascals shall be the standard reference pressure.
[Added 10-8-2014 by Ord. No. 455]
The intensity, frequency, duration, and character of sound,
including sound and vibration of subaudible frequencies.
The presence of noise of sufficient loudness
and character, from a single source or from multiple sources, which
is, or may be predicted with reasonable certainty to be, injurious
to health or which unreasonably interferes with the proper enjoyment
of property or with any lawful business or activity; or
Sound in such intensity, frequency, duration and/or character as to fit the description of noise pollution in § 216-5 of this chapter.
Any natural person or legal entity.
Any event to which the public is invited.
[Added 12-10-2014 by Ord. No. 454]
Any outdoor area, whether publicly or privately owned, regularly
open to congregations of the public in numbers of 10 or more persons.
A person or thing that is actively producing noise or noise
pollution.
That Maryland municipal corporation known as "The Commissioners
of St. Michaels."
Any location where an activity or event occurs which is specifically
associated with an event.
[Added 12-10-2014 by Ord. No. 454]
[Amended 3-28-2012 by Ord. No. 431; 12-10-2014 by Ord. No. 454; 9-13-2023 by Ord. No. 547]
B.Â
In the Central Commercial Zone, Gateway Commercial Zone, Historic
Redevelopment Zone, or the Maritime Commercial Zone, a person shall
not:
(1)Â
Cause or permit an audio speaker to be located outside of a fully
enclosed structure, or located in any structure that is not fully
enclosed or located so that it is exposed directly to the outdoors
unless an annual permit has been issued by the Town as noted in § 216-5C
of this chapter.
(2)Â
Cause or permit an audio speaker that is located within a structure
to be directed toward an open window, door, or other opening in the
structure.
C.Â
In the
Central Commercial, Maritime Commercial and Historic Redevelopment
Zones, outdoor music accessory to a business, the primary purpose
of which is the sale of food and beverages to the general public,
requires a permit from the Town, which shall be subject to the following
conditions:
(1)Â
A permit
may be issued only for music intended for the pleasure of the customers
of the primary structure in the outdoor dining area of the permit
holder's business establishment.
(2)Â
Music
must stop by 9:00 p.m. on Sunday through Thursday and 10:00 p.m. on
Friday and Saturday.
(4)Â
Three
violations of this chapter within any calendar year shall result in
the revocation of the permit, which may not be reissued for a period
of six months.
(5)Â
Four
written notices of violations and/or citations may result in the denial
of future permits.
(6)Â
All
written warnings and citations shall be issued to the permit holder
with notification of such violation to the property owner. Fines associated
with the foregoing violations must be paid in full prior to the reissuance
of a new permit.
(7)Â
When
baseline noise measurements are not possible due to environmental
or background noise or when the use of equipment to provide a baseline
measurement is not feasible, an officer may issue a citation based
on the officer's observations of noise conditions of a degree and
duration that would substantially and unreasonably disturb the peace
of persons of ordinary sensibilities on other properties. "Baseline
noise measurement" means the measurement of dBA sound levels taken
prior to the alleged source of noise pollution at a receiving property.
D.Â
A commercial establishment offering indoor live amplified
music or other live amplified entertainment shall not leave its exterior
doors or windows open during performances.
E.Â
Between the hours of 10:00 p.m. and 7:00 a.m., noise, including vocal
disturbances (e.g., shouting, whistling or singing), emanating from
a public street, public area, or private property in such a manner
as to be plainly audible to an enforcing officer and causing a public
disturbance of a degree and duration that would substantially and
unreasonably disturb the peace of persons of ordinary sensibilities
on other properties is declared to be noise pollution prohibited by
this chapter.
A.Â
With the exception of those specific acts and circumstances described in § 216-6 of this chapter, any sound produced, reproduced, or amplified to a level that exceeds the limits of Table 1 below is hereby declared to be noise pollution.
|
Table 1
| |||
|---|---|---|---|
|
Maximum Allowable Noise Level (dBA) for
Receiving Land Use Categories
| |||
|
Industrial
|
Commercial
|
Residential
| |
|
Day
|
75
|
67
|
65
|
|
Night
|
75
|
62
|
55
|
B.Â
In Table 1, "Day" means 7:00 a.m. to 10:00 p.m.; "Night" means 10:00
p.m. to 7:00 a.m. Measurements to determine compliance with the limits
in Table 1 shall:
[Amended 12-10-2014 by Ord. No. 454]
(1)Â
Employ equipment and techniques recommended by the Maryland Department
of the Environment.
(2)Â
Employ sound level meters set to the A-weighting network for all
measurements.
(3)Â
Be taken on the property line of the receiving property.[1]
[1]
Editor's Note: Former Subsection C, regarding outdoor music
accessory to a food/beverage business in the Central Commercial, Maritime
Commercial and Historic Redevelopment Zones, which immediately followed,
was repealed 9-13-2023 by Ord. No. 547.
[Amended 3-28-2012 by Ord. No. 431]
Each of the following activities is hereby exempt
from the prohibitions of this chapter to the extent noted below:
A.Â
Sound produced by the operation or testing of authorized
emergency equipment.
B.Â
Sound produced by the operation of tools and machinery, or the loading or unloading of supplies, used in construction, drilling, repair, alteration, renovation, maintenance, dredging, pile driving, or demolition during normal daytime business hours, or such similar activities as may be required during other times under emergency conditions may not exceed 90 dBA, A-weighted. For the purposes of this Subsection B, normal daytime business hours are Monday through Friday 7:00 a.m. to 5:30 p.m. and Saturday 9:00 a.m. to 4:30 p.m., excluding federal holidays. For homeowners working on their own property, the Saturday hours apply also to Sundays and federal holidays. Commercial contractors may not work on Sundays or federal holidays unless there is an emergency and the building is open to the elements.
[Amended 3-14-2018 by Ord. No. 488]
C.Â
The use and maintenance of lawn maintenance equipment by the property
owner, where such use and maintenance is in accordance with the manufacturer's
specifications. This exemption applies only from 8:00 a.m. to 8:00
p.m. Monday through Friday and 8:00 a.m. to 6:00 p.m. Saturday and
Sunday. The use of lawn maintenance equipment by a commercial lawn
care contractor. This exemption applies from 8:00 a.m. to 6:00 p.m.
Monday through Friday and 10:00 a.m. to 4:30 p.m. on Saturdays unless
weather conditions have prohibited normal lawn maintenance. The use
of lawn maintenance equipment by a commercial lawn care contractor
is prohibited on Sundays and federal holidays.
[Amended 12-10-2014 by Ord. No. 454]
D.Â
Motor vehicles on public roads and boats on state
waters.
E.Â
Air-conditioning and heat-pump equipment used to cool
or heat housing on residential property may not exceed 70 decibels
for air-conditioning units and 75 decibels for heat pumps.
F.Â
Emergency operations.
G.Â
Agricultural field machinery when used in and maintained
in accordance with manufacturer's specifications.
H.Â
Sound not electronically amplified created by sporting,
amusement, and entertainment events and other public gatherings operating
according to laws of St. Michaels is excepted. This exception includes
but is not limited to athletic contests, carnivals, parades, and public
celebrations.
I.Â
Outdoor speakers aboard tour boats, used during tours
to announce the sights to passengers.
J.Â
Church bells.
K.Â
The Commissioners of St. Michaels may, in their sole discretion, as a part of a public event permit, allow the use of audio speakers out-of-doors in the Central Commercial, Historic Redevelopment and Maritime Commercial Zones. The noise level associated with these permits shall not exceed 65 dBA, measured as set forth in § 216-4B.
[Amended 12-10-2014 by Ord. No. 454]
L.Â
The grant of a public event permit authorizing the use of audio speakers
out-of-doors shall be conditioned on the applicant meeting all of
the following conditions:
[Amended 12-10-2014 by Ord. No. 454]
(1)Â
All events involving the use of audio speakers which are conducted
on Sundays shall begin no earlier than 1:00 p.m. and shall end no
later than 6:00 p.m. Such events held on Monday through Friday shall
end no later than 6:00 p.m., and venues held on Saturday shall end
no later 7:00 p.m., with the exception of Midnight Madness, which
is normally held on the first weekend in December. Amplified music
and announcements for Midnight Madness after 10:00 p.m. shall be restricted
to one venue in the Central Commercial Zone and must end by midnight.
The number of events for which a public event permit may be issued
shall be limited to three per day.
(2)Â
The speakers must be placed at least 75 feet from any boundary of
a residential property. To the extent practicable, the speakers should
be directed away from the nearest residential property boundary.
(3)Â
Compliance with the above-noted conditions shall be enforced by any sworn police officer of the Town. Upon the receipt of a complaint, the officer shall determine the dBA level at the property line of the complainant. Should a violation be noted, the permit holder shall be notified immediately and a written warning issued stating that if a reoccurrence of the noise violation occurs at any time during the event, the exemption for that specific venue will be voided. Furthermore the permit holder shall be subject to the provisions of § 250-15 (Violations and penalties) of the Town Code. Consideration of future requests may be affected by the issuance of a citation.
[Amended 3-28-2012 by Ord. No. 431; 12-10-2014 by Ord. No. 454]
This chapter shall be enforced by any sworn police officer of the Town. With the exception of the provisions of § 216-6 (Exemptions) above, any person who shall be in violation of this chapter shall be issued a written warning. Any person who, after first being issued such a written warning, shall thereafter within 30 days commit the same violation, shall be subject to being issued a citation for a municipal infraction. No such written warning or citation shall be issued except upon first-hand knowledge of the police officer giving such warning or issuing such citation, but the citation need not be issued by the same police officer who gave the written warning relating to the same violation. A person who is cited for a municipal infraction for the violation of this chapter occurring at a property need not be the same person who was issued the written warning relating to the same violation at the same property, provided that both persons who are issued such warning and citation were, at the time they were issued such warning or citation, an owner, lessee, tenant or otherwise in control of that property. Procedures set forth in Chapter 33 (Municipal Infractions), as amended from time to time, for issuance of citations, payment of fines, election to stand trial, and court proceedings shall apply.
[Amended 12-10-2014 by Ord. No. 454]
A.Â
Any person who shall, after receiving a written warning from a sworn
police officer for the violation of this chapter, be in violation
of the same provision of this chapter shall be guilty of a municipal
infraction and shall be subject to a fine of $500 for the violation
of this chapter. Each act of violation of this chapter shall constitute
a separate offense. An action under this section shall be in addition
to, and shall not prohibit, an action for nuisance, declaratory judgment
and/or injunctive relief arising out of the same violation. Failure
to pay the fines in full may result in the denial of future permits.
The Town or any person adversely affected by
the repeated or continued violation of this chapter may bring any
civil action permitted by law arising from the facts constituting
a violation of this chapter and, in addition thereto, may bring an
action for declaratory judgment and/or to enjoin the continued violation
of this chapter. No such declaratory and/or injunctive action may
be brought until the person bringing such action has given written
notice of the continued or repeated violation to the person against
whom such action is to be brought, and a reasonable time has lapsed
after such notice for the offending person to comply with this chapter.
The Town shall be furnished written notice of the filing of any such
injunctive action under this chapter, and if it so chooses, the Town
may intervene in such action as a party thereto.
