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:excessive noise, when unnecessary for religious, political, civic, commercial, or other constitutionally protected activities or when not generated in the course of other activity needed to carry on daily life, creates a significant threat to the public health, safety, and welfare in an area as densely populated as Baltimore City;
the noises most obnoxious to the public health, safety, and welfare and least necessary for any constitutionally protected or otherwise necessary activity are those that are loud, boisterous, raucous, or unseemly or that are generated solely for the purpose of entertainment, without regard to the health, welfare, and safety of others who, because of population density, are unable to avoid being subjected to those noises; and
an alarming increase is occurring in the frequency and volume of this sort of noise, particularly from loud parties and from the plethora of portable sound-producing and reproducing devices available today.
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.
City Code, 1976/83, art. 19, §220(parts)
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This subtitle applies to commercial, religious, political, civic, or free speech activities only:where the application is clearly indicated; or
where religious, fraternal, civic, political, charitable, or civic organizations provide entertainment, as in the case of “fund raisers” or similar activities.
This subtitle does not apply to:City-sponsored events in public parks;
sound equipment used at any professional sports stadium; or
any public service company, as defined in State Code <cite data-path="|78">Article 78</cite>.
City Code, 1976/83, art. 19, §§220(parts), 221(d)
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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.
An application for a temporary exemption must be made in the form that the Commissioner requires.
In addition to any other information that the Commissioner requires, the application for must contain:the name of the applicant;
the location of the property for which the exemption is requested;
the dates and the hours for which the exemption is requested;
the equipment, instruments, or devices that will be producing the sound;
the name of the person in charge of operating the equipment, instruments, or devices; and
a statement of the reason the exemption is needed or appropriate.
Before issuing a temporary exemption, the Commissioner must consider the impact of the proposed activity on the surrounding area.
A temporary exemption must:be in writing;
be signed by the Commissioner; and
set forth:the name of the person granted the exemption;
the location of the property for which the exemption is granted;
the dates and hours for which the exemption is effective;
the equipment, instruments, or devices to which the exemption is limited; and
any conditions or requirements that the Commissioner specifies.
City Code, 1976/83, art. 19, §223
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Except as authorized under <cite data-path="|health|§9-303">§ 9-303 {“Temporary exemptions”} of this subtitle</cite>, no person may play, operate, or permit to be played or operated any radio, musical instrument, phonograph, tape- or compact disc-player, or other device for the production or reproduction of sound if:
that sound is used or intended for entertainment; and
either:the device is in a building or other structure or in a vehicle, and the sound can be heard more than 50 feet away from the building, structure, or vehicle or, if further, 50 feet from the boundaries of the property surrounding the building or structure;
the device is in or on a public street, building, park, or other public area, in or on a public access area, such as a shopping mall, parking lot, etc., or on any private property and the sound can be heard more than 50 feet from its source; or
the device is being played between 10 p.m. and 8 a.m. in or on a public street, unless the person is participating in a school band or a licensed parade or has otherwise been authorized to play the device.
City Code, 1976/83, art. 11, §238(d), art. 19, §221(a)
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A parent or guardian may not knowingly permit a minor for whom the parent or guardian is responsible to violate <cite data-path="|health|§9-306">§ 9-306 {“Prohibited conduct — in general”} of this subtitle</cite>.
City Code, 1976/83, art. 19, §221(c)(3)(i)
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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.
City Code, 1976/83, art. 19, §221(b)
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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.
If the minor fails to comply with the order, the police officer may take him or her into custody.
After the information necessary to carry out the purposes of this subtitle has been recorded, the minor must be:promptly released to his or her parent or guardian, with written notice to the parent or guardian of the violation; and
referred to the Baltimore City Police Department’s court sanctioned pre-intake adjustment program.
City Code, 1976/83, art. 19, §221(c)(1), (2)
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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.
City Code, 1976/83, art. 19, §222
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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.
City Code, 1976/83, art. 11, §238(c)
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In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or
a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}.
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.
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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.
For any violation of <cite data-path="|health|§9-312">§ 9-312 {“Loudspeakers, etc.”} of this subtitle</cite>, the penalty is a fine of not more than $1,000 or imprisonment for not more than 60 days or both fine and imprisonment for each offense.
Every day that a violation continues is a separate offense.
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