Council Adopts Noise Control Ordinance

At its February 18 meeting, the Town Council adopted a noise control ordinance that relies on “quiet hours” during which construction activities and the use of motorized equipment are prohibited in Town.  Montgomery County’s noise regulations, which use decibel levels to control noise-producing activities, will continue to apply in Town, and the Town will rely on the County to enforce these regulations during “non-quiet hours,” which comprise the majority of day time. Over the next few months, the Town will undertake a public education campaign to inform residents and landscaping contractors of the new noise control laws.

The major provisions of the ordinance appear below.

a) No construction activities shall commence prior to 7:00 a.m. on weekdays, and 9:00 a.m. on weekends and all federal holidays.  Construction activities shall end no later than 7:00 p.m. on all days.   As used herein, “construction activities” means temporary activities directly associated with site preparation, assembly, erection, repair, alteration, renovation, construction, or demolition of improvements, or other similar activities, including but not limited to, moving heavy equipment, delivering materials, loading or unloading, operating equipment with audible “back-up” warning devices, and allowing engines to idle.

b) Special Noise Limits:  It shall be unlawful for any person to engage in, or permit another to engage in, the following conduct:
1. Except in an emergency, operate more than one piece of outdoor landscaping power equipment on a property between the hours of 7:00 p.m. and 8:00 p.m. on weekdays; and                       
2. Except in an emergency, operate outdoor landscaping power equipment after 8:00 p.m. or before 8:00 a.m. on weekdays or after 7:00 p.m. or before  9:00 a.m. on weekends and all federal holidays.
3. As used herein, “outdoor landscaping power equipment” means motorized equipment such as a lawn mower, chainsaw, leaf blower or other similar equipment.  “Outdoor landscaping power equipment” does not include motor vehicles or fixtures such as air conditioners, heat pumps, back- up generators and similar equipment attached to a building.

c) Penalties.  Violation of any provision of this chapter shall be a municipal infraction.  Any person or persons guilty of a municipal infraction shall be subject to a fine in the amount specified below:
1. First violation   $   200.00
2. Second violation   $   400.00
3. Third violation   $1,000.00
4. Any person who violates this chapter or directs or allows another to commit an act that violates this chapter, the person’s employer if the person acted in the course of his or her employment, and any property owner who allows a violation of this chapter on his or her property shall be guilty of a violation and shall be jointly and severally subject to the penalties provided in paragraphs (1) through (3). If a violation occurs, there shall be a rebuttable presumption that all owners of the property allowed the violation.

d) An enforcement officer may issue a municipal infraction citation for any violation of this Chapter if the enforcement officer:
1. witnesses the violations; or
2. receives written complaints from at least 2 witnesses, who are not residents at the same address, of a noise disturbance.
Complaints by 2 witnesses are required to issue a citation under paragraph (2), but are not required to prove that a person violated this Chapter.  The complainants must be willing to testify in court, if required.