[HISTORY: Adopted by the Mayor and City Council of the City of Havre
de Grace 3-2-1992 by Ord. No. 756. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any sound which annoys or disturbs a reasonable person of normal
sensibilities or jeopardizes the value of property and erodes the integrity
of the environment or causes actual or imminent interference with the peace
or good order.
An area designated as R-1 Residential District, R-2 Residential District,
RB Residential Business District, or RO Residential Office District, as shown
on the Zoning Map of Havre de Grace, Maryland.
A.
General prohibitions. It shall be unlawful for any person
or persons to make, continue or cause to be made or to create a noise disturbance
within the limits of the City of Havre de Grace after having been directed
or ordered by a police officer to desist in creating such disturbances except
as provided in this chapter.
B.
Specific prohibitions.
(1)
Horns and signaling devices. The sounding of any horn
or signaling device on any automobile, motorcycle, boat or other vehicle in
the City of Havre de Grace in such a manner as to cause a noise disturbance
shall be unlawful.
(2)
Radios, television sets, phonographs, musical instruments
and similar devices.
(a)
Operating or permitting the use or operation of any such
device for the production or reproduction of sound in such a manner as to
cause a noise disturbance shall be unlawful.
(b)
Operating any such device in a manner as to be plainly
audible across real property boundaries and/or through partitions common to
parties within a building or plainly audible at 50 feet from such device when
operated on a street, way, avenue, lane or any public property shall be unlawful.
(3)
Motor vehicles. Operating any motor vehicle which is
out of repair or does not have a muffler operating within the manufacturer's
specifications in such a manner as to cause a noise disturbance shall be unlawful.
(4)
Construction equipment. Operating or causing to be operated
any equipment used in commercial construction, repair, alteration or demolition
work on buildings, structures, streets, alleys, lanes or appurtenances thereto
between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a
manner as to cause a noise disturbance shall be unlawful except as permitted
or sanctioned by the Mayor and City Council of Havre de Grace.
(5)
Power equipment. Operating or causing to be operated
any power saw, sander, drill, grinder, garden equipment or tools of a similar
nature outdoors in a residential district between the hours of 10:00 p.m.
and 7:00 a.m. the following day in such a manner as to create a noise disturbance
shall be unlawful.
(6)
Unamplified human voice. Using the unamplified human
voice by yelling, shouting or by any other means in such a manner as to cause
a noise disturbance shall be unlawful.
The following shall be exempt from the provisions of this chapter:
A.
The sounding of safety signals and warning devices as
a danger warning in such a manner as would otherwise cause a noise disturbance.
B.
The operation by the United States Government, the State
of Maryland, Harford County, Maryland, the Mayor and City Council of Havre
de Grace, a volunteer fire company, a volunteer ambulance corps or other local
government agency or a public service company as defined by Article 78 of
the Maryland Annotated Code of a vehicle or equipment in response to an emergency
in such a manner as would otherwise cause a noise disturbance.
C.
Producing or emitting noises generated from the provision
of municipal services by the Mayor and City Council of Havre de Grace or its
agents in such a manner as would otherwise cause a noise disturbance.
D.
Producing or emitting noise generated by parades, public
gatherings and any other activity which is permitted or sanctioned by the
Mayor and City Council of Havre de Grace in such a manner as would otherwise
cause a noise disturbance.
E.
The sounding of bells, chimes or carillons while being
used for religious purposes or in conjunction with religious services or for
national or state celebrations or public holidays and those bells, chimes,
carillons that are presently installed and in use for any purpose in such
a manner as would otherwise cause a noise disturbance.
F.
Operation of lawn maintenance equipment when it is functioning
within manufacturer's specifications and with all mufflers and noise-reducing
equipment in use and in proper operating condition between the hours of 7:00
a.m. and 10:00 p.m. in such a manner as would otherwise cause a noise disturbance.
G.
The production or generation of nonamplified crowd noises
resulting from the activities such as those conducted by day-care centers,
schools, governmental or community groups in such a manner as would otherwise
cause a noise disturbance.
H.
The production or generation of electronically amplified
announcements at athletic events in such a manner as would otherwise cause
a noise disturbance.
The Board of Appeals shall have the authority to grant variances from
the literal enforcement of this chapter.
A.
Written application. Any person seeking a variance from
this chapter shall file a written application with the Director of Administration.
C.
Appeals. Any party aggrieved by a decision
of the Board of Appeals may appeal to the Circuit Court for Harford County
in the manner set forth in the applicable sections of the Annotated Code of
Maryland, as amended.
Violations of this chapter shall constitute a municipal infraction.
