Chapter 14.12
NOISE CONTROL
Sections:
14.12.010 Declaration of policy.
14.12.020 Exemption from County Noise Control Ordinance.
14.12.050 Noise level and noise disturbance violations.
14.12.060 Noise level and noise disturbance standards for construction.
14.12.070 Measurement of sound.
14.12.080 Leaf blowers and other power lawn tools.
14.12.100 Burglar and vehicle alarms.
14.12.130 Enforcement and penalties.
14.12.140 Noise Control Board.
14.12.010 Declaration of policy.
The Council of the City finds that excessive noise harms public health and welfare and impairs enjoyment of property. The intent of this chapter is to control noise sources to protect public health and to allow the peaceful enjoyment of property. This chapter shall be liberally construed to carry out this intent. (Ord. 2024-3 § 1, 2024/Ord. 2016-4 § 1, 2016/Ord. 2002-35 § 1(1), 2002/Ord. 2000-22 § 1(1), 2000)
14.12.020 Exemption from County Noise Control Ordinance.
Pursuant to the authority conferred by Section 4-111(b) of the local government article of the Annotated Code of Maryland and by Section 1-203 of the Montgomery County Code, the City exempts itself from the provisions of Chapter 31B, Noise Control, of the Montgomery County Code, except as expressly set forth in this chapter. (Ord. 2024-3 § 1, 2024/Ord. 2016-4 § 1, 2016/Ord. 2002-35 § 1(2), 2002/Ord. 2000-22 § 1(2), 2000)
14.12.030 Definitions.
“Ambient noise” means the total noise associated with a given environment, being usually a composite of normal or existing sounds from all sources near and far, excluding the noise source at issue.
“Board” means the City of Takoma Park Noise Control Board.
“City Clerk” means the City Clerk of the City of Takoma Park and includes the City Clerk’s designee.
“City Manager” means the City Manager of the City of Takoma Park and includes the City Manager’s designee.
“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 7:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 10:00 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.
“Enforcement officer” means a City police officer or City code enforcement officer.
“Intermittent noise” means a noise which goes on and off but which is steady while it is on.
“Leaf blower” means any portable, handheld or backpack device with a nozzle that creates a directable airstream which is capable of and intended for moving leaves or any other type of unattached debris or materials. “Leaf blower” includes devices or machines that accept vacuum attachments.
“Nighttime” means the hours from 8:00 p.m. to 7:00 a.m. on weekdays and 10:00 p.m. to 9:00 a.m. on weekends and holidays.
“Noise” means sound created or controlled by human activity, from one or more sources, or sound from an animal source, heard by an individual.
“Noise disturbance” means any steady-state or impulsive noise occurring on either a continuous or intermittent basis that is:
1. Unpleasant, annoying, offensive, loud, or obnoxious; or
2. 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.
3. A sound level meter measurement is not required to establish a noise disturbance.
“Noise suppression plan” means a written plan to use the most effective noise-suppression equipment, materials, and methods appropriate and reasonable available for a particular type of construction.
“Person” means an individual, group of individuals, corporation, limited liability company, partnership, or voluntary association; or a department or agency of the City, County, or any other government to the extent allowed by law.
“Power lawn tool” means any mechanically powered lawn or garden tool, lawn mower, or powered snow removal equipment, or other similar device commonly used outdoors.
“Property line” means the real or imaginary line along the ground surface and its vertical extension which separates real property owned or controlled by one person from contiguous real property owned or controlled by another person or from any public right-of-way or from any public space.
“Receiving property” or “receiving noise area” means any real property where people live or work and where noise is heard.
“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. (Ord. 2024-3 § 1, 2024/Ord. 2016-4 § 1, 2016/Ord. 2002-35 § 1(3), 2002/Ord. 2000-22 § 1(3), 2000)
14.12.040 Regulations.
A. In accordance with Chapter 2.12, the City Manager may establish noise control regulations and standards as necessary to accomplish the purposes and intent of this chapter and also may set fees by regulation to offset the costs of any City reviews or other actions required or authorized by this chapter.
B. If no City regulations have been adopted specifying the procedures and methodology for measurement of noise levels, then the provisions of COMCOR—Code of Montgomery County Regulations, Chapter 31B, Noise Control Regulations, or any amended or successor County regulations on noise control, are adopted by reference. (Ord. 2016-4 § 1, 2016/Ord. 2002-35 § 1(4), 2002/Ord. 2000-22 § 1(4), 2000)
14.12.050 Noise level and noise disturbance violations.
A. Maximum Allowable Noise Levels.
1. Except as otherwise expressly provided in this chapter or applicable regulations, a person must not cause or permit noise levels that exceed the following levels:
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Maximum allowable noise level (dBA) for receiving noise area (outdoor noise level measurements): |
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Daytime: |
65 dBA |
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Nighttime: |
60 dBA |
2. In the event the measured ambient noise level exceeds the maximum allowable noise level (dBA) set forth in subsection (A)(1) of this section, the noise level standard (the standard against which violations are measured) shall be adjusted so as to equal the ambient noise level plus three dBA.
B. Noise Disturbance. A person must not cause or permit a noise that creates a noise disturbance. (Ord. 2016-4 § 1, 2016/Ord. 2002-35 § 1(5), 2002/Ord. 2000-22 § 1(5), 2000)
14.12.060 Noise level and noise disturbance standards for construction.
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 7:00 a.m. to 5:00 p.m. weekdays:
i. Seventy-five dBA if the City or Montgomery County Department of Environmental Protection has not approved a noise-suppression plan for the activity; or
ii. Eighty-five dBA if the City or Montgomery County Department of Environmental Protection has approved a noise-suppression plan for the activity.
b. The level specified in Section 14.12.050 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 City or Montgomery County Department of Environmental Protection 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 City or Montgomery County Department of Environmental Protection 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 14.12.050(B) applies to construction activities, notwithstanding subsection (A) of this section.
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) of this section 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 area.
2. Operating construction equipment with audible back-up warning devices during nighttime hours.
D. The Montgomery County Department of Environmental Protection is given concurrent authority, along with City enforcement officers, to enforce the noise levels for construction and to evaluate and approve noise-suppression plans for construction activity in the City. (Ord. 2016-4 § 1, 2016/Ord. 2002-35 § 1(6), 2002/Ord. 2000-22 § 1(6), 2000)
14.12.070 Measurement of sound.
A. Noise levels shall be measured with a sound level meter meeting the standards of the American National Standards Institute (ANSI) S.1.4—“Specifications for Sound Level Meters” or its successor. This instrument shall be set to the appropriate weight response scales and the meter to the slow response.
B. Noise levels shall be measured at any location on the receiving property, unless this chapter specifies a different measurement location or a specific distance. (Ord. 2016-4 § 1, 2016/Ord. 2002-35 § 1(7), 2002/Ord. 2000-22 § 1(7), 2000)
14.12.080 Leaf blowers and other power lawn tools.
A. Except as provided in this section, a person must not sell, buy, offer for sale, or use a leaf blower 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. Effective July 1, 2024, no person shall sell or offer for sale a combustion engine-powered handheld, backpack, or walk-behind leaf blower or leaf vacuum. Upon the ordinance codified in this section becoming effective, any City of Takoma Park business selling combustion engine-powered handheld, backpack, or walk-behind leaf blowers or leaf vacuums shall warn customers of the future ban on use by posting notice of the ban in a conspicuous location.
C. Effective July 1, 2025, no person shall use a combustion engine-powered handheld, backpack, or walk-behind leaf blower or leaf vacuum.
D. The City may inspect, and upon request, a person must produce, any leaf blower that is sold, offered for sale, or used in the City, in order to determine whether the leaf blower complies with this section. A person who relies in good faith on a manufacturer’s written representation of the sound level of a leaf blower that has not been modified is not subject to a penalty for violating this section.
E. No person shall use a leaf blower or other power lawn tool outdoors during the daytime for more than two hours of accumulated time during any 24-hour period on any individual lot or parcel of property and no leaf blower or other power lawn tool shall be used outdoors during the nighttime.
F. Nothing herein shall be construed as prohibiting City of Takoma Park residents and businesses from participating in a Montgomery County reimbursement program which reimburses, in whole or in part, residents and businesses that purchase noncombustion engine-powered leaf blowers to replace combustion engine-powered leaf blowers. (Ord. 2024-3 § 1, 2024/Ord. 2016-4 § 1, 2016/Ord. 2002-35 § 1(8), 2002/Ord. 2000-22 § 1(8), 2000)
14.12.090 Animals.
No person shall allow a dog, bird, or other animal in his or her possession or control to persistently, habitually, or continuously bark, howl, yelp, or make other loud noise, and cause a noise disturbance to any person or to the neighborhood regardless of the decibel level. (Ord. 2016-4 § 1, 2016/Ord. 2002-35 § 1(9), 2002/Ord. 2000-22 § 1(9), 2000)
14.12.100 Burglar and vehicle alarms.
A. Audible burglar alarms for structures or motor vehicles are prohibited unless the operation of such alarm can be terminated within 15 minutes of being activated.
B. Notwithstanding the requirements of subsection (A) of this section, any member of the Takoma Park Police Department shall have the right to take such steps as may be reasonable and necessary to disconnect any such alarm installed in any building, dwelling, or motor vehicle at any time during the period of its activation.
C. The Takoma Park Police Department, or any authorized designee of the City, may tow or impound any motor vehicle in which an alarm has sounded continuously for more than 15 minutes.
1. Whenever a vehicle is removed pursuant to this subsection and the officer or agent knows or is able to ascertain from the registration records in the vehicle or the records of the State Motor Vehicle Administration the name and address of the vehicle owner, such officer or agent shall promptly give or cause to be given notice in writing to such vehicle owner of the fact of the vehicle removal and the reasons therefor, and the method by which release of the vehicle can be secured.
2. No person shall remove or permit the removal of a motor vehicle which has been towed or impounded pursuant to this subsection from the custody of the City or from the place in which the vehicle is being held without first obtaining authorization from the City, a court order, or paying any citation issued for violation of this chapter and all fines, penalties, costs and other charges associated with the towing or impoundment of the vehicle. (Ord. 2016-4 § 1, 2016/Ord. 2002-35 § 1(10), 2002/Ord. 2000-22 § 1(10), 2000)
14.12.110 Exemptions.
This chapter does not apply to:
A. Emergency operations by fire and rescue services, police agencies, or public utilities and their contractors;
B. Sound created by air medical services; that is, the use of air transportation, airplane or helicopter, to move patients to and from healthcare facilities and accident scenes.
C. Sound created by snow removal, street sweeping, and leaf collection activities by the City;
D. Sound created by garbage, trash, solid waste, and recycling collection activities by the City; provided, that such activities shall not begin prior to 6:30 a.m. If the National Weather Service forecast for the day is for a high temperature of 90 degrees or higher or a heat or air quality advisory has been issued for the Washington, D.C., metropolitan area, then garbage, trash, solid waste, and recycling collection activities by the City may commence at 5:30 a.m.;
E. Sound created between 9:00 a.m. and 10:00 p.m. by sports, amusements, or entertainment events or other public gatherings operated according to the requirements of the appropriate permit or licensing authority. This includes athletic events, carnivals, festivals, parades, band and orchestra activities, and public celebrations;
F. Sound created by City-sanctioned or City-sponsored activities, provided the activity is being operated in accordance with the requirements of any permit and City rules for the event. This includes, but is not limited to, the Takoma Park Farmer’s Market and Fourth of July events (parade, concert, and fireworks). (Ord. 2016-4 § 1, 2016/Ord. 2002-35 § 1(11), 2002/Ord. 2000-22 § 1(11), 2000)
14.12.120 Waivers.
A. Temporary Waiver.
1. The City Manager may waive any part of this chapter for a temporary event if, in the sole judgment and discretion of the City Manager, the noise the event will create or cause in excess of the noise level limits established under this chapter is offset by the benefits of the event to the participants or the public and the noise of the event will not cause undue hardship or disturbance to the surrounding area. The City Manager may impose terms and conditions appropriate to reduce the impact of the noise level exception on the grant of a temporary waiver.
2. An application for a temporary waiver shall be filed with the City Clerk, or such other office as the City Manager shall designate. The applicant shall certify that notice of such temporary waiver application has been provided to all properties contiguous to the property where the event will occur, and to all properties opposite said property measured at right angle to the intervening street or streets, and to the president or other designated representative, as shown by the City’s records, of the local neighborhood association. The application for a temporary waiver shall not be approved less than 10 days after the notice required under this subsection has been given. No person or household may receive more than one temporary waiver in any calendar year.
B. General Waiver.
1. The City Council may waive any part of this chapter if the City Council determines that compliance in a particular case is not practical and would impose undue hardship.
2. An application for a general waiver shall be filed with the City Clerk, or such other office as the City Manager shall designate. The City Clerk or the City Manager shall notify the City Council of the receipt of an application for a general waiver and the City Council shall schedule a public hearing on the application within 60 days of such notification.
3. At least 30 days before the public hearing, the applicant shall advertise the hearing by:
a. Publishing a notice in the Takoma Park Newsletter and posting a hearing notice on the City’s website;
b. Posting a sign on the property which is the location of the noise source; and
c. Mailing, emailing or delivering notice of such general waiver application to all properties contiguous to the property which is the location of the noise source, and to all properties opposite the property measured at right angle to the intervening street or streets, and to the president or other designated representative, as shown by the City’s records, of the local neighborhood association.
4. Based on the evidence presented at the public hearing, and on any City staff report or other reliable information, the City Council may grant a waiver for up to three years, upon such terms and conditions as the City Council deems appropriate to reduce the impact of the noise level exception.
C. Violation of Waiver. The City Manager may suspend, modify, or revoke a temporary waiver or a general waiver if the City Manager determines that a person has violated the terms or conditions of the waiver. (Ord. 2016-4 § 1, 2016/Ord. 2002-35 § 1(12), 2002/Ord. 2000-22 § 1(12), 2000)
14.12.130 Enforcement and penalties.
A. Unless a different penalty is stated (see, e.g., subsection (G) of this section and Section 14.12.140(F)), a violation of this chapter is a Class C municipal infraction. A second violation of this chapter is a repeat offense. A third and subsequent violations of this chapter, within six months of a previous violation, is a Class A municipal infraction.
B. If an enforcement officer finds that a person has violated this chapter, the enforcement officer may issue a notice of violation and correction order to the person. The notice shall include the following information:
1. The section of this chapter that the person violated;
2. The date, nature, and extent of the violation; and
3. The action required to correct the violation.
C. A notice of violation and correction order under subsection (B) of this section is not required before a municipal infraction citation for violation of this chapter may be issued. An enforcement officer may issue a municipal infraction citation for a violation of this chapter if the enforcement officer:
1. Determines that the noise level being generated exceeds the maximum allowable noise level set forth in Section 14.12.050;
2. Determines that a person has caused or permitted a noise disturbance; or
3. Receives a noise disturbance complaint outlined in subsection (E) of this section and a photograph of the alleged combustion engine-powered handheld, backpack, or walk-behind leaf blower or leaf vacuum allegedly being used.
D. In the event of a noise disturbance or other violation of this chapter created by the use or rental of premises for a music, entertainment, celebration or performance event (whether or not admission is charged), by construction work, or by commercial activity, the enforcement officer may issue a municipal infraction citation to the person who violates the noise control ordinance and/or to the property owner or person responsible for the management, occupancy or supervision of the premises, building, construction site, property or activity from which the noise source originates.
E. Noise Disturbance Complaints—Referral to Noise Control Board.
1. Signed, written complaints of a noise disturbance may be submitted by two or more City residents who reside at separate addresses (see definition of “noise disturbance” in Section 14.12.030).
2. Noise disturbance complaints shall be filed with the City Clerk, on the City’s two-party noise disturbance complaint form, within 10 days of the occurrence of the alleged noise disturbance. Any complaint which is received by the City Clerk more than 10 days after the date of the alleged noise disturbance shall be rejected. The City Clerk shall record the date the noise disturbance complaint is received, assign the complaint a number, and forward the complaint, along with any supporting documentation, to the Noise Control Board (see Section 14.12.140).
F. The City may seek injunctive or other appropriate judicial relief to stop or prevent continuing violations of this chapter.
G. In addition to any other penalty or enforcement action under this chapter, an enforcement officer may shut down an event or activity that is causing a noise disturbance or creating noise that exceeds the maximum allowable noise levels (“event shut down order”) or issue a stop work order or an order to cease the violation to any person who violates any provision of this noise control order. In determining whether to issue an event shut down order, an enforcement officer shall consider such factors as (1) the loudness and duration of the sound from the event or activity, (2) previous complaints of noise at the same venue and/or the particular event or activity, (3) whether the violator cooperates with requests to keep the noise level down and takes action to prevent or mitigate the noise from the event or activity, and (4) the extent to which the noise being made or generated on the premises causes unreasonable annoyance or disturbance to others living or located nearby. Neither the nature of any communicative content of the noise nor the purpose of the event or gathering shall be considered in the issuance of an event shut down order.
1. If an event or activity is shut down, the enforcement officer may order any or all persons, except the property owner or tenant-occupant of the premises, to leave the premises where the event or activity is occurring.
2. Any person who receives such an event shut down order, stop work order or order to cease the violation shall immediately cease the activity which constitutes the violation. The person shall comply with all terms and conditions imposed by the enforcement officer before the activity may resume.
3. Violation of an event shut down order, a stop work order or order to cease the violation is a Class B misdemeanor offense.
H. In the event of a rental of premises for a music, entertainment, celebration or performance event (whether or not admission is charged), construction work, commercial activity, or other work for hire, the person who violates this chapter and/or the property owner or person responsible for the management or supervision of the premises, building, construction site, area, property or activity from which the noise source originates are jointly and severally responsible for violations of this chapter and shall abide by any event shut down order, stop work order or order to cease the violation. (Ord. 2024-3 § 1, 2024/Ord. 2016-4 § 1, 2016/Ord. 2002-35 § 1(13), 2002/Ord. 2000-22 § 1(13), 2000)
14.12.140 Noise Control Board.
A. Establishment and Membership.
1. A City Noise Control Board is established to assist and advise the City on noise control issues, including administration and enforcement of this chapter, and to adjudicate noise disturbance complaints.
2. The Board shall consist of up to seven active members appointed by the Council.
B. Hearings on Noise Disturbance Complaints.
1. When a noise disturbance complaint under Section 14.12.130(E) is received, the Board shall schedule a hearing on the complaint and give reasonable advance notice of the date, time, and place of the hearing before the Board to the persons who filed the noise disturbance complaint (“the complainant”) and the alleged violator. The alleged violator also shall be served with a copy of the noise disturbance complaint.
2. The hearing notice and noise disturbance complaint shall be deemed to be properly served on the alleged violator if the notice and complaint is:
a. Delivered to the alleged violator personally;
b. Sent by certified mail and the return receipt is returned indicating that the certified mail was received by the alleged violator;
c. Left at the alleged violator’s residence or place of business with a person of suitable age and discretion; or
d. Mailed by first-class mail to the last-known address of the alleged violator or emailed to the alleged violator and posted in a conspicuous location on the property where the noise disturbance violation is alleged to have occurred.
C. Hearing Process.
1. The Chairperson of the Board is authorized to designate three active members of the Board to sit as a panel to conduct a hearing on any noise disturbance complaint. The Chairperson of the Board shall endeavor to rotate panel membership from time to time among the active members of the Board. If the parties agree, a hearing may proceed before two members of the Board.
2. The hearing shall be open to the public. At the hearing, the complainant and the alleged violator may present testimony and evidence to substantiate any material point. All testimony shall be given under oath or affirmation. Each party shall have the right to cross-examine opposing witnesses, to submit rebuttal evidence, and to present summation and argument. The Board panel also may ask questions of witnesses and enter its own evidence.
3. The Board panel may admit and consider evidence which would be commonly accepted by reasonable and prudent people as having a causal relationship to the matter before the Board panel. The Board panel may exclude from evidence irrelevant and repetitious testimony and documents.
4. The burden of proof of establishing a violation of the noise control ordinance shall be on the party who filed the noise disturbance complaint and shall be met by a preponderance of the evidence.
5. An audio or video record of the hearing shall be made. The record of the case shall consist of the recording and any written documentation accepted into the case file. The record of the case shall be open to inspection by any person. Upon request, the Board shall furnish a copy of the record of the case to any person at the cost of supplying the same.
D. Decision of the Board on a Noise Disturbance Complaint.
1. After due consideration of the evidence and testimony presented at the hearing, the Board shall issue its decision on the noise disturbance complaint and give notice of its decision to all parties to the case. The Board’s decision may be announced orally, following the hearing, or the Board may take the case under advisement and issue a written decision on the noise disturbance complaint within a reasonable time following the hearing.
2. In the event that the Board finds in favor of the complainant on the noise disturbance complaint, the Board may order the violator to cease and desist from the conduct or activity which created the noise disturbance and/or to take other corrective action in order to abate or correct the violation of this chapter.
E. Appeals from a Board Decision on a Noise Disturbance Complaint. Within 30 days of the issuance of a decision on a noise disturbance complaint, a person who was a party to the proceedings before the Board and who is aggrieved by the decision may file a petition for judicial review in accordance with Title 7, Chapter 200, Judicial Review of Administrative Agency Decisions, of the Maryland Rules of Procedure, as amended.
F. Enforcement of Board Decision on a Noise Disturbance Complaint.
1. A violator who fails to comply with a Board decision on a noise disturbance complaint may be issued a municipal infraction citation for a Class A offense.
2. In addition to any penalty provided herein, compliance with a Board decision may be enforced by any appropriate action, at law or equity, in any court of competent jurisdiction. (Ord. 2024-3 § 1, 2024/Ord. 2021-39 § 8, 2021/Ord. 2016-4 § 1, 2016/Ord. 2007-4, 2007/Ord. 2002-35 § 1(14), 2002/Ord. 2000-22 § 1(14), 2000)