(A) The County Council finds that excessive noise harms public health and welfare and impairs enjoyment of property. The intent of this Chapter is to limit noise sources to protect public health and welfare and to allow the peaceful enjoyment of property.
(B) Definitions.
DAYTIME HOURS. 7:00 a.m. to 10:00 p.m., local time.
dBA. Abbreviation for the sound level in decibels determined by the A-weighting network of a sound level meter or by calculation from octave band or one-third octave band data. (COMAR 26.02.03.01.)
NIGHTTIME HOURS. 10:00 p.m. to 7:00 a.m., local time.
(C) Noise standards for residential areas as receiving property.
(1) Except as provided in paragraph (2) of this subsection and in subsection (F) of this section, a person may not cause or permit noise levels emanating from any property, such that the levels received on residential property exceed the levels contained in Table 1 below. (COMAR 26.02.03.02B.(1))
Table 1
Maximum Allowable Noise Levels (dBA) for Receiving Land Use Categories
Day/Night | Industrial | Commercial | Residential |
Day | 75 | 67 | 65 |
Night | 75 | 62 | 55 |
(2) A person may not cause or permit noise levels emanating from construction or demolition-site activities that exceed:
(i) During daytime hours, 90 dBA; or
(ii) During nighttime hours, the levels specified in Table 1 above (COMAR 26.02.03.03B.(1))
(D) Measurement of noise levels.
(1) The measurement of noise levels under this subsection shall be conducted at points on or within the property line of the receiving property (or the boundary of a land use area) and may be conducted at any point for the determination of identity in multiple source situations.
(2) Sound level meters used to determine compliance with this section shall meet or exceed the specifications for Type II sound level meters.
(E) Off-road internal combustion vehicles.
(1) A person may not operate or permit to be operated an off-road internal combustion engine powered recreational vehicle, including, but not limited to, a dirt bike, an all terrain vehicle, a go cart, a snowmobile, or a similar vehicle, on private property without the express written permission of a person owning an interest in the property.
(2) A person may not operate or permit to be operated an off-road internal combustion engine powered recreational vehicle, including, but not limited to, a dirt bike, an all terrain vehicle, a go cart, a snowmobile, or a similar vehicle, on private property closer than 300 feet to a neighboring residence, without the written permission of the affected resident, unless the operator of the vehicle can demonstrate that the operation of the vehicle, at all of its operating speeds, within 300 feet of the neighboring residence, will not cause the noise levels set forth in (C)(1) above to be exceeded at the receiving property line. (COMAR 26.02.03.02 B.(5))
(F) Exemptions. The provisions of this section do not apply to:
(1) Devices used solely for the purpose of warning, protecting, or alerting the public, or some segment thereof, of the existence of an emergency situation;
(2) Household tools and portable appliances in normal usage;
(3) Lawn care and snow removal equipment during daytime hours, when used and maintained in accordance with the manufacturer's specifications;
(4) Agricultural field machinery when used and maintained in accordance with manufacturer's specifications;
(5) Blasting operations for demolition, construction, and mining or quarrying, between the hours of 7:00 a.m. and 5:00 p.m.;
(6) Motor vehicles on public roads;
(7) Aircraft and related airport operations at airports licensed by the State Aviation Administration;
(8) Boats on State waters or motor vehicles on State lands under the jurisdiction of the Department of Natural Resources;
(9) Emergency operations;
(10) Pile driving equipment, between the hours of 8:00 a.m. and 5:00 p.m.;
(11) Sound not electronically amplified created by sporting, amusement, and entertainment events and other public gatherings operating according to terms and conditions imposed by the County, between the hours of 7:00 a.m. and 12:00 midnight;
(12) Railroads;
(13) Construction and repair work on public property;
(14) Air conditioning or heat pump equipment used to cool or heat housing on residential property. For this equipment, a person may not cause or permit noise levels which exceed 70 dBA for air-conditioning equipment at receiving residential
property, and 75 dBA for heat pump equipment at receiving residential property;
(15) Trash and recycling collection between the hours of 7:00 a.m. and 10:00 p.m.;
(16) Carnivals, fairs and amusements conducted by civic and service organizations;
(17) Sporting events conducted by primary or secondary schools, colleges, or recreational leagues on Board of Education, County or municipally owned properties, between the hours of 7:00 a.m. and 11:00 p.m.; and
(18) Trapshooting, skeet shooting, or other target shooting on any range or property approved by the Division of Planning and Permitting for such activities. (Envir. Art. § 3-401.)
(Bill No. 16-15, 11-1-2016)