(a) No person shall operate or permit operation of any mechanical stationary equipment in such a manner as to generate sound having a sound pressure level greater than 55 dB(A) when measured from a distance of 100 feet or more from the mechanical stationary equipment, or 70 dB(A) when measured from a distance of 10 feet or more from the mechanical stationary equipment. The place of measurement shall be a location that is not on the same parcel of real property or premises on which the mechanical stationary equipment is located.
(b) Where mechanical stationary equipment is located on multiple buildings, structures, parcels of real property, or premises that have the same owner and are adjacent to each other, the owner is responsible for ensuring that the mechanical stationary equipment does not generate sound having a sound pressure level in violation of this section. The place of measurement shall be from a location that is not on any parcel of real property or premises on which the mechanical stationary equipment is located.
(c) The limitation contained in this section shall apply from 8:00 p.m. to 8:00 a.m., unless the mechanical stationary equipment is subject to other operating hours pursuant to a permit or other written authorization issued by the Department of Health.
(d) The Commissioner of Health shall have authority to enforce this section.
(e) The Commissioner of Health is authorized to promulgate rules to enforce this section, including rules specifying uniform noise mitigation procedures for air handling units and refrigeration units. Any properly maintained mechanical stationary equipment that complies with rules adopted under this subsection shall be deemed to be in compliance with subsection (a) of this section.
(f) The limits set in subsection (a) of this section do not apply to sounds generated by a generator used during a loss of normal power supply to provide emergency electrical power.
(g) Any person found in violation of this section shall be fined not less than $1,000.00 nor more than $5,000.00 for each offense. Every day a violation occurs shall be a separate and distinct offense. Any owner or operator of mechanical stationary equipment found in violation of this section shall be jointly and severally liable for such penalties with any other owner or operator of the same mechanical stationary equipment.
(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5; Amend Coun. J. 10-27-21, p. 40504, Art. II, § 3; Amend Coun. J. 11-15-23, p. 6542, Art. V, § 4)