[HISTORY: Adopted by the Mayor and Council
of the City of Taneytown 6-8-2020 by Ord. No. 05-2020. Amendments noted
where applicable.]
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unnecessary or unusual noise or
any noise which endangers the health, safety or welfare of the community
or which annoys, disturbs, injures or endangers the comfort, rest,
health, peace or safety of others within the City of Taneytown.
The following acts, among others, are declared to be loud, unnecessary, and disturbing and a danger to the health, safety and welfare of the community and its people, in violation of § 99-1, 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 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 as to be plainly audible at a distance
of 50 feet from the building, structure, or device in which it is
located shall be prima facie evidence of a violation of this section.
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.
B.
Yelling, shouting, hooting, whistling or singing or the making of
loud and disturbing noises by the use of clappers, 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 creation of loud and excessive noises in connection with the
loading or unloading of any vehicle or the operating and distraction
of bales, crates and containers.
D.
The operation or use of any power lawnmower, chainsaw, fence post
driller or the like between the hours of sunset and 7:00 a.m.
E.
Using, operating or permitting to be played, used or operated any receiving set, musical instrument, 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 purposes 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 City Office pursuant to § 99-3 hereof.
F.
Outdoor concerts, except in accordance with permits first obtained therefor from the City Office pursuant to § 99-3 hereof.
G.
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 admit the prior procurement of a permit, then only in accordance with a permit first obtained from the City as to public street work or from the City as to other work, pursuant to § 99-3 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 City Council 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, the City 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. 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 peace and quiet of the neighborhood.
H.
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 health care facility which unreasonably
interferes with the working of such institution or which disturbs
or unduly annoys patients in the hospital.
The City Clerk charged with the responsibility of issuing permits for the activities requiring permits in accordance with § 99-2 hereof shall issue permits for such activities if found 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.
A.
Permits shall specify the dates and hours of the permitted activities,
which shall not be allowed between the hours of 10:00 p.m. and 7:00
a.m. unless the issuing officer shall determine that it is in the
best interests of the community that the activities take place wholly
or partially during such hours.
B.
The issuing clerk is authorized to adopt and use such forms of applications
and permits as may be reasonably required in the performance of his/her
duties. Each application for a permit shall be accompanied by a fee
in an amount as set forth from time to time by resolution of the City
Council, which shall be payable to the City of Taneytown.
An applicant for a permit hereunder shall have the right to
appeal to the Mayor and City Council from the denial of the permit
by the issuing clerk. Such appeal shall be taken by filing a written
notice of appeal addressed to the Mayor and City Council. Such notice
shall be filed within three days after the issuing clerk shall have
notified the applicant of the denial of the permit. The Mayor and
City 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 City Council may affirm
the issuing clerk'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 municipal, county, state
or federal governmental agencies in connection with any emergency,
nor to normal working activities of or activities sponsored by the
Mayor and City Council, nor to warning devices on other vehicles used
only for traffic safety purposes, nor to emergency utility work.
In addition to the public, law enforcement officers and others
who are designated hereunder shall have the power to enforce and bring
complaints under this chapter.
Violations of this chapter shall be a municipal infraction,
punishable by a fine of up to $100 per offense.
