In this Chapter, the following words and phrases have the following meanings:
Arts and entertainment activity means a performance of artistic or creative work, such as a play, film, music, or dance, which is readily accessible to the public, whether or not admission is charged. Arts and entertainment activity includes the time necessary to set up and remove any structure or equipment used in the activity.
Construction means temporary activities directly associated with site preparation, assembly, erection, repair, alteration, or demolition of structures or roadways.
dBA means decibels of sound, as determined by the A-weighting network of a sound level meter or by calculation from octave band or one-third octave band data.
Daytime means the hours from 7 a.m. to 9 p.m. on weekdays and 9 a.m. to 9 p.m. on weekends and holidays.
Decibel means a unit of measure equal to 10 times the logarithm to the base 10 of the ratio of a particular sound pressure squared to the standard reference pressure squared. For this Chapter, the standard reference pressure is 20 micropascals.
Department means the Department of Environmental Protection.
Director means the Director of the Department of Environmental Protection or the Director's authorized designee.
Enforcement officer means:
(1) for a noise originating from any source:
(A) an employee or agent of the Department designated by the Director to enforce this Chapter;
(B) a police officer; or
(C) a person authorized under Section 31B-12(a) to enforce this Chapter;
(D) a person authorized by a municipality to enforce this Chapter; or
(2) for a noise originating from an animal source, the Director of the Animal Services Division in the Police Department or the Director's authorized designee.
Impulsive noise means short bursts of a acoustical energy, measured at a receiving property line, characterized by a rapid rise to a maximum pressure followed by a somewhat slower decay, having a duration not greater than one second and a field crest factor of 10 dBA or more. Impulsive noise may include, for example, noise from weapons fire, pile drivers, or punch presses.
Leaf blower means any portable device designed or intended to blow, vacuum, or move leaves or any other type of unattached debris or material by generating a concentrated stream of air. Leafblower includes devices or machines that accept vacuum attachments.
Nighttime means the hours from 9 p.m. to 7 a.m. weekdays and 9 p.m. to 9 a.m. weekends and holidays.
Noise means sound, created or controlled by human activity, from one or more sources, heard by an individual.
Noise area means a residential or non-residential noise area:
(1) Residential noise area means land in a zone established under Section 2.1.3.A of Chapter 59 for which the owner has not transferred the development rights, or Sections 2.1.3.B, 2.1.3.C, 2.1.3.D, 2.1.3.G, 2.1.3.H.1, or 2.1.3.H.2 of Chapter 59, or by a political subdivision where Chapter 59 does not apply.
(2) Non-residential noise area means land within a zone established under Section 2.1.3.A of Chapter 59, for which the owner has transferred the development rights, or Sections 2.1.3.E, 2.1.3.F, 2.1.3.H.3, or 2.1.3.H.4 of Chapter 59, or by a political subdivision where Chapter 59 does not apply.
Noise disturbance means any noise that is:
(1) unpleasant, annoying, offensive, loud, or obnoxious;
(2) unusual for the time of day or location where it is produced or heard; or
(3) detrimental to the health, comfort, or safety of any individual or to the reasonable enjoyment of property or the lawful conduct of business because of the loudness, duration, or character of the noise.
Noise sensitive area means land designated by the County Executive as a noise sensitive area under Section 31B-8.
Noise-suppression plan means a written plan to use the most effective noise-suppression equipment, materials, and methods appropriate and reasonably available for a particular type of construction.
Person means an individual, group of individuals, corporation, firm, partnership, or voluntary association; or a department, bureau, agency, or instrument of the County or any municipality, or of any other government to the extent allowed by law.
Prominent discrete tone means a sound, often perceived as a whine or hum, that can be heard distinctly as a single pitch or a set of pitches. A prominent discrete tone exists if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the 2 contiguous one-third octave bands by:
(1) 5 dB for center frequencies of 500 Hz and above;
(2) 8 dB for center frequencies between 160 and 400 Hz; or
(3) 15 dB for center frequencies less than or equal to 125 Hz.
Qualifying performing arts facility means the outdoor area of a building, outdoor seasonal, temporary, or permanent stage, or other clearly defined outdoor area or space, which is:
(1) used for an outdoor arts and entertainment activity; and
(2) owned or operated by the County; and
(3) so designed by the County Executive in an Executive Order published in the County Register. The Executive may revoke a designation at any time by publishing an Executive Order revoking the designation in the County Register.
Receiving property means any real property where people live or work and where noise is heard, including an apartment, condominium unit, or cooperative building unit.
Sound means an auditory sensation evoked by the oscillation of air pressure.
Source means any person, installation, device, or animal causing or contributing to noise. (1996 L.M.C., ch. 32, § 1; 2001 L.M.C., ch. 2, § 1; 2011 L.M.C., ch. 7, § 1; 2016 L.M.C., ch. 8, § 1.)
Editor’s note—See County Attorney Opinion dated 10/6/00 indicating that long-term parking on public streets is prohibited in certain circumstances, but not based on the size of the vehicle. See County Attorney Opinion dated 3/16/92 explaining that the Washington Metropolitan Area Transportation Authority (esp. Metrorail) is subject to the County’s noise control law, although an exemption may be obtained if it is in the public interest.