Town of Elkton

  Town Code

 
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CHAPTER 118

NOISE

 

 

ﾧ 118-1. Loud and unreasonable sounds restricted.

ﾧ 118-2. Enumeration of unreasonable noises.

ﾧ 118-3. Violations and penalties.
 

[HISTORY: Adopted by the Town Council of the Town of Elkton 12-18-2000. Amendments noted where applicable.]

§ 118-1. Loud and unreasonable sounds restricted.

It shall be unlawful for any person to make or continue, or to cause to be made or continued, any loud and unreasonable sound of such character, intensity, volume, carrying power or duration as to disturb the comfort, repose, health or safety of any individual unless the sound is made in an activity conducted for a community or public purpose or for the protection or preservation of the health, safety or life of some person.

§118-2. Enumeration of unreasonable noises.

The following acts, among others, are declared to be unreasonable noises in violation of § 118-1, but said enumeration shall not be deemed to be exclusive:

  • A. Horns and signaling devices. The creation by means of any horn or signaling device of any unreasonably loud or harsh sound; the sounding of a horn or signaling device for an unnecessary and unreasonable period of time; the sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the Town except as a danger warning.
  • B. Radios, phonographs and other sound-reproducing devices. The using, operating or permitting to be placed, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound at any time with louder volume than is necessary for convenient hearing for the person or persons by or for whom such machine or device is operated. The operating of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from said set, instrument, phonograph, machine or device, if not located in a building, structure or vehicle, of 50 feet from the building, structure or vehicle in which it is located, shall be prima facie evidence of a violation of § 105-1.
  • C. Yelling, shouting and whistling. Yelling, shouting, hooting, whistling or singing outdoors between the hours of 11:00 p.m. and 7:00 a.m.
  • D. Exhaust noises. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which will prevent loud or explosive noises therefrom.
  • E. Construction or repairing of buildings. The erection (including excavating), demolition, alteration or repair of any building or structure other than between the hours of 7:00 a.m. and 10:00 p.m., except in case of urgent necessity in the interest of public health and safety.
  • F. Noise near schools, courts, churches and hospitals. The creation of any loud noise on any street adjacent to any school, institution of learning, hospital, church or court while the same are in use, which annoys persons therein.
  • G. The operation of any loudspeaker or similar device on any street, sidewalk or alley in the town, regardless of whether the is attached to a vehicle or not, unless such person shall first have obtained a written permit therefor from the Mayor.
  • H. The keeping of any animal or bird which, by causing frequent or long-continued noise, disturbs the health, comfort, safety, welfare, or peace and environment of any persons in the vicinity. [Added 9-17-2001]
  • § 118-3. Violations and penalties. [Amended 9-17-2001]

It shall be an offense for any person to fail to abide by this chapter, and any person found guilty thereof shall be subject to a fine not to exceed $250. Each day any violation of this chapter shall continue shall constitute a separate offense. The standards which shall be considered in determining whether a violation of this chapter exists include, but shall not be limited to, the:

  • A. Level of noise;
  • B. Unusual nature of the noise;
  • C. Unnatural origin of the noise;
  • D. Proximity of noise to residential areas;
  • E. Nature and zoning of area from which noise emanates;
  • F. Density of inhabitation;
  • G. Time of day or night;
  • H. Duration of noise; and
  • I. Whether noise is constant, recurrent, or intermittent.