[HISTORY: Adopted by the Town Council of the Town of Indian
Head 1-4-1993 by Ord. No. 12-1-92 (Ch. 93 of the 1991 Code). Amendments
noted where applicable.]
It shall be unlawful for any person to make, continue or cause
to be continued any loud, unnecessary or unusual noise or any noise
which endangers the health, safety or welfare of the Town or which
annoys, disturbs, injures or endangers the comfort, rest, health,
peace or safety of others within the Town of Indian Head.
The following acts, among others, are declared to be loud, unnecessary, disturbing and a danger to the health, safety and welfare of the Town and its people, in violation of § 295-1, but the enumeration shall not be deemed to be exclusive:
A.
Using, operating or permitting to be played, used or operated any
radio, television, hi-fi, stereo, 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 any persons in the vicinity. The operation
of any such machine or device between the hours of 10:00 p.m. and
7:00 a.m. in such a manner to be plainly audible at a distance of
50 feet from the building, structure, device or vehicle in which it
is located shall be prima facie evidence of a violation of this subsection.
Any person who causes the production of said sound through the operation
of the machines or devices enumerated herein may be deemed a violator
of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Yelling, shouting, hooting, whistling or singing or the making of
loud and disturbing noises by the use of a clapper, 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
noises, 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 or
unnecessary grating, grinding, rattling or other noise.
E.
The creation of loud and excessive noises in connection with the
loading or unloading or the operation of any vehicle and the destruction
of bales, boxes, crates and containers.
F.
The operation or use of any power lawn mower, chain saw, fence post
driller or the like between the hours of 9:00 p.m. and 7:00 a.m.
G.
Any of the following activities when occurring in close proximity
to residences between 10:00 p.m. and 7:00 a.m.:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
H.
Using, operating or permitting to be played, used or operated any receiving set, musical instruments, 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 purpose 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 permits first obtained therefor from the Town Manager pursuant to § 295-3 hereof.
I.
Outdoor concerts, except in accordance with permits first obtained therefor from the Town Manager pursuant to § 295-3 hereof.
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 allow the prior procurement of a permit, then only in accordance with a permit first obtained from the Town Manager as to public street work or from the Town Building Inspector as to other work, pursuant to § 295-3 hereof. 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 Town Manager, 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 hours upon application being made at the time the permit for the work is issued or during the progress of the work.
(1)
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 10:00 p.m. upon residential premises that are
owned by such occupant, provided that the work shall be done without
undue noise or disturbance of the peace and quiet of the neighborhood.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(2)
The provisions of this subsection shall not apply to work performed
on Sundays in commercially and industrially zoned districts, provided
that it can be done without undue noise or disturbance to nearby residences.
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 reasonably interferes
with the working of such institution or which disturbs or unduly annoys
patients in the hospital.
A.
The individual charged with the responsibility of issuing permits for the activities requiring permits in accordance with § 295-2 hereof shall issue permits for such activities if such individual shall find that the activities will not unduly or unnecessarily annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others, that the activities will not violate any other ordinance or law or create a public nuisance and that the public health and safety will not be endangered thereby.
B.
Permits shall specify the dates and hours of the permitted activities,
which shall not be allowed between the hours of 9:00 p.m. and 7:00
a.m. unless the issuing individual shall determine that it is in the
best interest of the Town that the activities take place wholly or
partially during such hours.
C.
The individual is authorized to adopt and use such forms of applications
or permits as may be reasonably required in the performance of his
duties. Each application for a permit shall be accompanied by a fee
as set forth in the Town of Indian Head Budget Ordinance.
An applicant for a permit hereunder shall have the right to
appeal to the Town Council from the denial of the permit by the issuing
individual. 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 individual 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 individual'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 public utilities or municipal,
county, state or federal government agencies in connection with any
emergency activities.
