Program established. There is a Vehicle Noise Abatement Monitoring Pilot Program implemented by the Department pursuant to Chapter 624 of the 2024 Laws of Maryland.
For the purpose of this Division, the following words and phrases shall have the following meanings indicated:
Chief means the Chief of the Prince George's County Police Department or the Chief's designee.
Department means the Prince George's County Police Department.
Program or pilot program means the Vehicle Noise Abatement and Monitoring Pilot Program established under this Section.
The following terms have the same meanings as indicated under Chapter 624 of the 2024 Laws of Maryland.
Agency means a County law enforcement agency that is authorized to issue a citation for a violation of the Maryland Vehicle law or of Local Traffic laws or regulations.
Noise Abatement Monitoring System means a mobile or fixed vehicle sensor that works in conjunction with a noise measuring device, such as a decibel reader, that automatically produces two or more photographs, two or more microphotographs, a videotape, or other recorded images of a motor vehicle at the time the motor vehicle is operated during the commission of a violation.
Noise Abatement Monitoring System Operator means a representative of an Agency or a Contractor that operates a noise abatement monitoring system.
Owner means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of six (6) months or more.
Violation means a violation of Section 22-602 of the Transportation Article of the Annotated Code of Maryland by at least five (5) decibels.
Noise Measuring Device means an electronic device that:
uses automated equipment that activates when the sound level exceeds the maximum sound level limits established under 22-601 of the Transportation Article of the Annotated Code of Maryland, by at least five (5) decibels:
records audio when activated; and
records decibel levels when activated; and
allows a noise abatement monitoring system operator to manually review recorded audio to ensure a violation has occurred.
Program liaison means the local designee under Chapter 624 of the 2024 Laws of Maryland; and
Recorded Image means an image recorded by a noise abatement monitoring system on:
A photograph;
Microphotograph;
Electronic image;
Videotape;
Any other medium showing the rear of a motor vehicle, the decibel level recorded for the motor vehicle at the time the image was captured; and
at minimum, one image or portion of a tape, a clear and legible identification of the entire registration plate number of the motor vehicle
The County must deploy and utilize no more than three (3) noise abatement monitoring systems within the County to enforce motor vehicle noise requirements under Section 22-602 of the Transportation Article of the Maryland Annotated Code, as amended.
The County may not deploy or utilize a noise abatement monitoring system within the County for any purpose other than to enforce motor vehicle noise requirements of Section 22-612 of the Transportation Article of the Annotated Code of Maryland, as amended.
Before activating a noise abatement monitoring system, the Department must:
publish notice of the location of the noise abatement monitoring system On the County website; and
ensure that each noise abatement monitoring system is proximate to sign that
indicates that noise abatement monitoring systems are in use in the area; and
is in accordance with the manual and the specifications for a uniform system of traffic control devices adopted by the State Highway Administration under Section 25-104 of the Transportation Article of the Annotated Code of Maryland Code, as amended.
If the Department moves or places a noise abatement monitoring system to or at a location where a noise abatement monitoring system had not previously been moved or placed, the Department must not issue a citation for a violation recorded by that noise abatement monitoring system:
until signage is installed in accordance; and
for at least the first fifteen (15) calendar days after the signage is installed.
The Chief will designate a program liaison, who is not:
employed by a noise abatement monitoring system contractor; or
involved in the initial review or issuance of the warning notice or citation.
The program liaison must:
investigate and respond to questions or concerns about the pilot program; and
review a warning notice or citation generated by a noise abatement monitoring system if the person who received the warning notice or citation requests review before the deadline for contesting liability; and
subject to this Section, if the program liaison determines that the warning notice or citation is an erroneous violation, void the warning notice or citation; and
on receipt of a written question or concern from a person, provide a written answer or response to the person within a reasonable time; and
if the program liaison voids or waives a citation, they must notify the Maryland Vehicle Administration for the purpose of rescinding any administrative penalties imposed by the Maryland Vehicle Administration; and
The program liaison must not determine that a warning notice or citation is an erroneous violation based solely upon the dismissal of the warning notice or citation by a court; and
If the program liaison determines that a person did not receive notice of a warning notice or citation due to an administrative error, the program liaison may resend the warning notice or citation; and
The program liaison may waive a warning notice or citation if the person alleged to be liable under this Section provides sufficient evidence that the person has made any alterations to the motor vehicle necessary to avoid future violations.
Operation of a monitoring system. In accordance with Chapter 624 of the 2024 Laws of Maryland, a noise abatement monitoring system must:
be operated by a trained and qualified operator; and
undergo an annual calibration check by an independent calibration laboratory.
A person may not violate the noise limit of five (5) Decibels that falls within any part of the county's jurisdiction.
Warning notices and citations — contents and mailing. A warning notice or citation issued must be mailed to an owner and must include the information required.
Number and timing of citations — limitations. The Department must not:
Issue more than one citation to a person per day for a violation enforced by noise abatement monitoring system; or
Issue a citation applicable to a motor vehicle during the first thirty (30) days after warning for a first offense applicable to the motor vehicle is mailed to the owner.
District Court procedures. The Department must administer, and process civil citations:
using a uniform citation form prescribed by the District Court; and
in accordance with procedures adopted by the Chief Judge of the District Court.
County contractors. If a contractor operates a noise abatement monitoring system or administers or processes warning notices of citations generated by a noise abatement monitoring system on behalf of the County, the contractor's fee must not be contingent upon a per-ticket basis concerning the number of warning notices or citations issued or paid.
A person liable for a violation enforced by a noise abatement monitoring system is subject to:
a warning notice for a first offense; and
a civil penalty not exceeding $75 fine for a second or subsequent offense.
A person may not be issued more than one citation per day for violation enforced by a noise abatement monitoring system; and
The County may not issue a citation applicable to a motor vehicle during the first thirty (30) days after a warning for a first offense. The citation must be mailed under this division; and
The fines collected by the County because of noise abatement violations enforced by noise abatement monitoring systems must be used solely: to recover the costs of implementing and administering the noise abatement monitoring systems. Any remaining balance may be used for public safety purposes, including pedestrian safety programs.