Town of Smithsburg, MD Chapter 265 Noise

[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.

§ 265-1 Definitions. [1]

As used in this chapter, the following terms shall have the meanings indicated:

SOUND-AMPLIFYING EQUIPMENT

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.

SOUND TRUCK

Any motor vehicle having mounted thereon or attached thereto any sound-amplifying equipment.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 265-2 Certain noises prohibited.

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.

§ 265-3 Enumeration of prohibited noises.

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]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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.

(5) Operating or causing the operation of any sound truck for commercial sound advertising purposes with sound-amplifying equipment in operation without the consent of the Mayor or the Chief of Police.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(6) Operating or parking on any street any vehicle on which or attached thereto is any sound device used for the purpose of attracting attention thereto or from which any person calls or cries out for advertising purposes.[3]

[3] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Each violation shall be considered a separate and distinct violation, punishable as prescribed herein.

§ 265-4 Exemptions. [1]

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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 265-5 Violations and penalties.

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.