Subtitle 3 – Entertainment and Commercial Noise

Having received an increasing number of complaints from citizens about noise and having made certain observations of the subject, the Mayor and City Council of Baltimore finds that:

The Mayor and City Council intend this subtitle, therefore, to serve as a vehicle for the control and regulation of noises that pose a threat to the health, safety, or welfare of the citizens of Baltimore. One part of this subtitle regulates noises generated solely for entertainment purposes. Another balances the public interest in regulating certain types of noisy commercial advertising to protect the public health, safety, and welfare, on the one hand, against the interests of the commercial establishments employing that advertising, on the other.

This subtitle applies to commercial, religious, political, civic, or free speech activities only:

This subtitle does not apply to:

The Commissioner of Health may issue a permit for a temporary exemption from this subtitle for commercial, political, civic, charitable, or other organizations to conduct activities such as fund raisers, carnivals, bazaars, meetings, and other special events.

Before issuing a temporary exemption, the Commissioner must consider the impact of the proposed activity on the surrounding area.

A temporary exemption must:

that sound is used or intended for entertainment; and

either:

If the device is located in a building or other structure or in a vehicle, the owner, occupant, resident, manager, operator, or other person in charge of the premises or vehicle, if present, is presumed to be responsible in the absence of evidence to the contrary.

If the device is outdoors, the person possessing it is presumed to be responsible in the absence of evidence to the contrary.

A police officer who finds any minor violating <cite data-path="|health|§9-306">§ 9-306 {“Prohibited conduct — in general”} of this subtitle</cite> must order the minor to stop the violation.

No commercial enterprise may broadcast over a loudspeaker or other device so that the sound can be heard more than 100 feet from the boundaries of the building or property where the device is located or, if the device is in a vehicle, more than 100 feet from that vehicle.

The owner, manager, operator, or other person in charge of the building, premises, or vehicle from which the sound emanates is presumed to be responsible in the absence of evidence to the contrary.

Except as specified in subsection (b) of this section, no person may sell anything by outcry between 10 p.m. and 8 a.m.

This section does not apply to the sale of merchandise, food, or beverages at licensed sporting events, parades, fairs, circuses, and similar, licensed entertainment events.

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:

The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.

Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, subject to the penalties specified in this section.

For an adult who violates <cite data-path="|health|§9-306">§ 9-306 {“Prohibited conduct — in general”} of this subtitle</cite>, the penalty is a fine of not more $500 or imprisonment for not more than 30 days or both fine and imprisonment for each offense.

For a parent or guardian who violates § 9-307 {“Prohibited conduct —parents or guardians of minors”<strong>}</strong> of this subtitle within 12 months after receiving written notice of the minor’s having violated <cite data-path="|health|§9-306">§ 9-306 {“Prohibited conduct — in general”} of this subtitle</cite>, the parent or guardian is subject to a fine of not more than $100 for each offense.

For any violation of <cite data-path="|health|§9-313">§ 9-313 {“Outcrying”} of this subtitle</cite>, the penalty is a fine of not more than $1,000 for each offense.