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(a) A Noise Control Advisory Board must advise the County Executive, Director, County Council, and Planning Board on noise control issues, including administration and enforcement of this Chapter.
(b) The Board consists of 11 members appointed by the Executive and confirmed by the Council.
(c) The Board must elect one member as Chair and another member as Vice-Chair to serve at the pleasure of the Board. The Board must meet at the call of the chairperson as required to perform its duties, but not less than once each quarter. A majority of the members of the Board constitutes a quorum for transacting business. The Board may act by a majority vote of those present.
(d) At least every third year, the Board must evaluate the effectiveness of the County's noise control program and recommend any improvements to the Director, County Executive, County Council, and Planning Board.
(e) No later than March 1 each year, the Chair of the Board must report to the Director, County Executive, County Council, and Planning Board on activities and actions the Noise Control Advisory Board took during the previous calendar year.
(f) Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations. (1996 L.M.C., ch. 32, § 1; 1999 L.M.C., ch. 2, § 1; 2016 L.M.C., ch. 15, § 1.)
Editor's note-1999 L.M.C., ch. 2, § 1, increased the number of Board members from 7 to 11. 1999 L.M.C., ch. 2, § 2, states:
Sec. 2. Transition.
(a) The terms of the 4 members of the Noise Control Advisory Board added by this Act end:
(1) for 1 member, on September 30, 1999, and every third year thereafter;
(2) for 2 members, on September 30, 2000, and every third year thereafter; and
(3) for 1 member, on September 30, 2001, and every third year thereafter.
(b) When appointing the first individual to serve in one of the 4 new positions, the County Executive must designate the term in subsection (a) for which the Executive is appointing the individual.
(c) This Act does not affect the term of any current member of the Board.
Cross reference-Boards and commissions generally, § 2-141 et seq.
(a) Maximum allowable noise levels.
Maximum Allowable Noise Levels (dBA) for Receiving Noise Areas
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Daytime
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Nighttime
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Non-residential noise area | 67 | 62 |
Residential noise area | 65 | 55 |
(2) A person must not cause or permit the emission of a prominent discrete tone or impulsive noise that exceeds a level, at the location on a receiving property where noise from the source is greatest, that is 5 dBA lower than the level set in paragraph (1) for the applicable noise area and time.
(3) Sound that crosses between residential and non-residential noise areas must not exceed the levels set in paragraph (1) for residential noise areas.
(b) Noise disturbance. A person must not cause or permit noise that creates a noise disturbance.
(c) Examples. The following examples illustrate common noise-producing acts that violate this section if they exceed the noise level standards set in subsection (a) or create a noise disturbance. The examples are illustrative only and do not limit or expand the noise level or noise disturbance standards of this section:
(1) Sounding a horn or other signaling device on any motor vehicle on private property except:
(A) in an emergency; or
(B) as a danger warning signal during daytime hours if the device complies with noise level limits.
(2) Operating a sound-producing device on public streets for commercial advertising or to attract public attention.
(3) Selling anything by outcry.
(4) Loading, unloading, opening, closing or otherwise handling containers, building materials, construction equipment, or similar objects.
(5) Operating a device that produces, reproduces, or amplifies sound.
(6) Allowing an animal to create a noise disturbance.
(7) Operating power equipment mounted on a motor vehicle or operating other devices powered by a generator or a motor vehicle. (1996 L.M.C., ch. 32, § 1; 2011 L.M.C., ch. 7, § 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.
(a) Maximum allowable noise levels for construction.
(1) A person must not cause or permit noise levels from construction activity that exceed the following levels:
(A) From 7 a.m. to 5 p.m. weekdays:
(i) 75 dBA if the Department has not approved a noise-suppression plan for the activity; or
(ii) 85 dBA if the Department has approved a noise-suppression plan for the activity.
(B) The level specified in Section 31B-5 at all other times.
(2) Construction noise levels must be measured at the location, at least 50 feet from the source, on a receiving property where noise from the source is greatest.
(3) The Department must by regulation establish requirements for noise-suppression plans and adopt procedures for evaluating and approving plans. The regulations must provide that, at least 10 days before approving a noise-suppression plan, the Director must provide public notice reasonably calculated to reach at least a majority of households that might be affected by the construction activity noise levels above 75 dBA.
(b) Construction noise disturbance. The prohibition on noise disturbance in Section 31B- 5(b) applies to construction activities, notwithstanding subsection (a).
(c) Examples. The following examples illustrate common construction noise-producing acts that violate this section if they exceed the noise level standards set in subsection (a) or create a noise disturbance. The examples are illustrative only and do not limit or expand the construction noise level or noise disturbance standards of this section:
(1) Delivering materials or equipment, or loading or unloading during nighttime hours in a residential noise area.
(2) Operating construction equipment with audible back-up warning devices during nighttime hours. (1996 L.M.C., ch. 32, § 1.)
(a) Each outdoor arts and entertainment activity held at a qualifying performing arts facility must not exceed the following noise decibel limits:
(1) from 11 a.m. to 11 p.m. during April 1 through October 31, 75 dBA, as measured on the receiving property; and
(2) at all other times, the maximum allowable noise level set in Section 31B-5.
(b) A qualifying performing arts facility which has complied with this Section must not cause or permit noise levels from an outdoor arts and entertainment activity to exceed the standards in subsection (a).
(c) Any outdoor arts and entertainment activity conducted at a qualifying performing arts facility which has complied with this Section must not be cited as causing a noise disturbance.
(d) The Department must annually advise the Executive and Council, and the operator of each qualifying perming arts facility, whether the noise levels specified in this Section remain appropriate for that facility and the extent of compliance with those levels. (2011 L.M.C., ch. 7, § 1)
(a) The Department must issue regulations establishing the equipment and techniques it will use to measure sound levels. The Department may rely on currently accepted standards of recognized organizations, including the American National Standards Institute (ANSI), American Society for Testing and Materials (ASTM), and the United States Environmental Protection Agency.
(b) For multiple sources of sound, the Department may measure sound levels at any point to determine the source of a noise. (1996 L.M.C., ch. 32, § 1.)
(a) The County Executive may designate by regulation land within any geographical area as a noise sensitive area to protect public health, safety, and welfare. The regulation may prohibit certain noise producing activities in the noise sensitive area.
(b) A regulation under subsection (a) must:
(1) describe the area by reference to named streets or other geographic features;
(2) explain the reasons for the designation;
(3) establish specific noise limits or requirements that apply in the noise sensitive area; and
(4) describe by example or enumeration activities or sources that violate the limits or requirements.
(c) A regulation under subsection (a) may establish limits or requirements for a noise sensitive area that are more stringent than those that otherwise would apply to the area under this Chapter. (1996 L.M.C., ch. 32, § 1.)
(a) Except as provided in this section, a person must not sell, buy, offer for sale, or use a leafblower at any time that has an average sound level exceeding 70 dBA at a distance of 50 feet. This requirement is in addition to any other noise level or noise disturbance standard that applies under this Chapter.
(b) An individual who owns or occupies a residence in a residential noise area may use at the individual's residence a leafblower bought or manufactured before July 1, 1990, until July 1, 1998, even if it exceeds the standard in subsection (a). After July 1, 1998, a person must not use any leafblower that violates the standard in subsection (a).
(c) The Department must apply the standard in subsection (a) in accordance with the most current leaf-blower testing standard of the American National Standards Institute (ANSI).
(d) The Department may inspect, and on its request a person must produce, any leafblower that is sold, offered for sale, or used in the County, to determine whether the leafblower complies with this section. A person who relies in good faith on a manufacturer's written representation of the sound level of a leafblower that has not been modified is not subject to a penalty for violating this section.
(e) Sale of combustion leaf removal equipment – prohibited. A person must not sell or offer for sale a combustion engine-powered handheld, backpack, or walk-behind leaf blower or leaf vacuum.
[(f)]*
(g) Reimbursement. Subject to an appropriation by the County Council, the Director must establish a time-limited program based on criteria set by regulation to partially reimburse County residents and businesses that purchase electric leaf blowers or leaf vacuums.
(h) Application for reimbursement. To receive reimbursement under subsection (g), an applicant must apply to the Director in a form prescribed by the Director.
(i) Regulations. Not later than March 30, 2024, the County Executive must transmit to the Council Method (1) regulations to establish the reimbursement program under subsection (g).
(j) An enforcement officer may issue a civil citation under this Section if the Director receives a complaint of a noise disturbance supported by photographic evidence of a violation of subsection (f).
(k) Annual reporting. By February 1 of each year, the Director must submit to the Council an annual report for the preceding year on the successes or challenges of the reimbursement program, outreach activities, statistical data related to enforcement, new technology trends for electrification of lawn care equipment, and any recommended changes to the law or operating budget. The Council may request the Director to provide additional information, as needed. (1996 L.M.C., ch. 32, § 1; 2023 L.M.C., ch. 31, § 1.)
*Editor’s note—2023 L.M.C., ch. 31, § 2, states: Effective date; staggered implementation. The prohibition against sales under subsection (e) of Section 31B-9, added under Section 1 of this Act, must take effect on July 1, 2024. The prohibition against use under subsection (f) of Section 31B-9, added under Section 1 of this Act, must take effect on July 1, 2025.
2023 L.M.C., ch. 31, § 3, states: Required notices. On or after the effective date of this Act and before the effective date of the prohibition against sales under this Act, a person who sells, at retail, a combustion engine-powered handheld, backpack, or walk-behind leaf blower or leaf vacuum in the County must provide conspicuous notice to the consumer that the leaf blower usage will be prohibited in the County.
(a) This Chapter does not apply to:
(1) agricultural field machinery used and maintained in accordance with the manufacturer's specifications;
(2) emergency operations by fire and rescue services, police agencies, or public utilities and their contractors;
(3) a source or condition expressly subject to any State or federal noise-control law or regulation that is more stringent than this Chapter;
(4) sound, not electronically amplified, created between 7 a.m. and 11 p.m. by sports, amusements, or entertainment events or other public gatherings operating according to the requirements of the appropriate permit or licensing authority. This includes athletic contests, carnivals, fairgrounds, parades, band and orchestra activities, and public celebrations.
(b) The County Executive may issue regulations exempting from Section 31B-5 sources associated with routine residential living during daytime hours, such as home workshops, power tools, and power lawn and garden equipment, when used in accordance with manufacturer specifications. This exception does not apply to repairs or maintenance on a motor vehicle that is not registered for use on public roads.
(c) Section 31B-9 of this Chapter does not apply to agricultural producers located on agriculturally assessed properties where farming or agricultural use and activities are permitted under Article 59, Section 3.2.6 of the Zoning Ordinance. (1996 L.M.C., ch. 32, § 1; 2023 L.M.C., ch. 31, § 1.)
Editor’s note—2023 L.M.C., ch. 31, § 3, states: Required notices. On or after the effective date of this Act and before the effective date of the prohibition against sales under this Act, a person who sells, at retail, a combustion engine-powered handheld, backpack, or walk-behind leaf blower or leaf vacuum in the County must provide conspicuous notice to the consumer that the leaf blower usage will be prohibited in the County.
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