[HISTORY: Adopted by the Mayor and Council of the Town of
Smithsburg 2-3-2004 as Ch. 11, Title 6, of the 2004 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 271.
As used in this chapter, the following terms shall have the
meanings indicated:
Any machine or device for the amplification of the human
voice, music or other sound. "Sound-amplifying equipment" shall not
be construed as including standard automobile radios when used and
heard only by occupants of the vehicle in which installed or warning
devices of authorized emergency vehicles or horns or other warning
devices on other vehicles used only for traffic safety purposes.
Any motor vehicle having mounted thereon or attached thereto
any sound-amplifying equipment.
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unnecessary, unnatural or unusual
noise or any noise that either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others within the
corporate limits of the Town of Smithsburg.
A.
The following
acts, among others, are hereby declared to be loud, disturbing and
unnecessary noises in violation of this chapter, but said enumeration
shall not be deemed to be exclusive:
(1)
The sounding of any horn or other audible signaling device on any
type of motor or nonmotorized vehicle on any street, alley, avenue,
parking lot(s) or any other area(s) open to the use of the general
public, except a danger warning, the creation of which produces any
unreasonably loud or harsh sound, and the sounding of such device
for an unreasonable or unnecessary length of time when traffic is
delayed for any reason or length of time or to attract the attention
of others.[1]
(2)
Using, operating or permitting to be played, used or operated any
radio receiving set, television, musical instrument, phonograph, amplifier
or other machine or device to produce or reproduce any sound in such
a manner as to disturb the peace, quiet and comfort of the neighboring
inhabitants or at any time with volume louder than is necessary for
the convenient hearing of the persons who are in the room, vehicle
or chamber in which such machine or device is operated and are voluntary
listeners thereto. Using, operating or permitting to be played any
such set, instrument, amplifier, machine or device in such a manner
as to be plainly audible at a distance of 25 feet from any building,
structure or vehicle in which it is located shall be prima facie evidence
of a violation of this chapter.
(3)
Yelling, shouting, hooting, whistling, or singing on any street,
alley, avenue, parking lot(s) or any other area(s) open to the use
of the general public so as to annoy or disturb the quiet, comfort
or repose of persons in any dwelling, hotel, or other type of residence
or any other person(s) at a distance in excess of 25 feet.
(4)
The keeping, maintaining or permitting on any premises owned, occupied
or controlled by a person any animal or bird otherwise permitted to
be kept which, by frequent or habitual howling, barking, mooing, squawking,
or other noise, unreasonably disturbs the peace and quiet of any neighborhood
or causes discomfort or annoyance to any person(s) between the hours
of 10:00 p.m. and 7:00 a.m.
B.
Each violation
shall be considered a separate and distinct violation, punishable
as prescribed herein.
The following shall be exempt from this chapter:
A.
Authorized emergency vehicles of any law enforcement, fire and rescue
or related agencies when operated within the scope of their authority
or as necessary for the public's safety.
B.
Between the hours of 7:00 a.m. and 7:00 p.m., noise created by loading
chemical, industrial or residential trash or debris from any construction
site or the loading or unloading of any boxes, crates, equipment or
other objects related to general conduct of routine business within
the Town of Smithsburg.
C.
Noise created by equipment, vehicles, etc., as necessary for the
purpose of conducting emergency work, i.e., that work necessary to
restore property to a safe condition following a public calamity or
to protect persons or property from an imminent exposure to danger,
regardless of the time.
D.
Noise created by routine construction work by the Town of Smithsburg
or a bona fide contractor during daylight hours, i.e., between official
sunrise and sunset.
E.
Exemptions authorized by permission of the Mayor and Council, Town
of Smithsburg, at a duly authorized meeting for the intended purpose
of public entertainment.
Any violation of the provisions of this chapter shall be deemed
a misdemeanor and shall be punishable by a fine of $50 for the first
offense and a fine of not more than $150 or imprisonment in the Washington
County Detention Center for not more than six months, or both, for
the second and each subsequent offense, upon conviction thereof.