Noise Control: A Sound Solution

Sound is an everyday fact of life for most of us, especially in this technological age. We cannot work, play, or live soundlessly - nor would we choose to, because the sounds of life around us are often pleasant, even reassuring.

But when sound becomes noise, an unwanted din at high continuous levels, problems arise. Noise interferes with our normal residential and business activities, and persistent exposure can result in psychological stress. Noise at high enough levels can damage our hearing.

While we cannot eliminate noise in our community, we can control it. That is the purpose of the Montgomery County Noise Control Ordinance. First passed by the Montgomery County Council in 1975, the ordinance was comprehensively revised in 1996 to more closely reflect the current challenges of an urban county entering the 21st century.

By establishing common sense guidelines which residents and businesses can follow, the ordinance promotes a more restful, pleasant environment throughout the county. It also provides remedies for situations in which noise exceeds reasonable limits.

Ordinance Provisions

The Montgomery County Noise Control Ordinance obviously allows for normal activities during regular hours; however, it does attempt to eliminate interference from noise when most of us want to rest and relax. It also seeks to control disturbing and unhealthy levels of noise in general. Key provisions of the Noise Control Ordinance:

• Provide day/night sound level limits.
• Establish "quiet hours."
• Define sounds that constitute noise disturbances.
• Establish a "nuisance provision" that prohibits certain noises at any time.

A noise disturbance, as defined by the ordinance, is any sound that is unpleasant, annoying, or loud; abnormal for the time or location; and prejudicial to health, comfort, property, or the conduct of business. Under the ordinance, it is unlawful to create a noise disturbance anywhere during "quiet hours," including multi-family buildings and townhouses. The "nuisance provision" prohibits some noise disturbances anywhere at any time.

The Montgomery County Noise Control Ordinance promotes peace and quiet for everyone by covering a wide variety of residential and business situations. The Ordinance does not cover noise from aircraft and railroads or motor vehicles on public roadways, as Federal and State governments supersede local regulation. Also exempt are emergency operations by public utilities.

It's Easy to Cooperate

The Noise Control Ordinance makes an unwritten rule of community life official: good neighbors are considerate neighbors. Whether you live in a single-family home, multi-family building, or townhouse, you can help maintain a quiet environment – and comply with the ordinance – by following a few common sense guidelines:

• Monitor the volume of televisions, stereos, radios, and other sound-producing equipment in and around your home, especially during "quiet hours." Particular attention should be directed to bass controls.
• Use power tools in your home, garage, or outdoors only during regular hours.
• Limit outdoor activities that may generate noise to regular hours.
• Check central and window air conditioning units periodically to ensure that they are operating as quietly as possible.
• Take good care of your pets. A healthy dog receiving regular food and exercise and proper shelter will not bark incessantly.
• Make sure your family and guests are aware of, and comply with, "quiet hours."
• Buy "quiet" when selecting equipment and appliances.

Businesses
can also be good neighbors and comply with the ordinance by limiting the following to regular hours:

• Construction activities.
• Loading and unloading goods and materials.
• Use of electronic sound and public address equipment.
• Use of power equipment mounted on motor vehicles.
• Consider noise control when building or renovating.

If Disturbances Don't Stop

When noise disturbances continue despite local attempts to resolve the problem, stronger actions may be warranted. This is especially true if the disturbances consistently occur during "quiet hours:"  9:00 p.m. to 7:00 a.m. weekdays, and 9:00 p.m. to 9:00 a.m. Saturdays, Sundays, and holidays.

Among other provisions, the Montgomery County Noise Control Ordinance makes it illegal to:

• Operate, or allow to be operated, a radio, television, or other electronic sound-producing device on public or private property if the sound exceeds 55 decibels at the receiving property line.
• Create a noise disturbance during "quiet hours" in a residential zone or multi-family structure.
• Operate any equipment that exceeds the receiving property line sound level limits.
• Allow an animal or fowl to create a noise disturbance at any time.
• Load or unload material during "quiet hours."
• Create a noise disturbance across property lines during "quiet hours" by operating power equipment mounted on a motor vehicle; for example, refrigerated trucks or commercial vacuum cleaners.
• Permit construction noise to exceed 75 decibels, with allowances for higher decibel levels under an approved "Noise Suppression Plan."

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During business hours, specialists from the Montgomery County Department of Environmental Protection investigate complaints by using sound level meters to measure decibel levels at property lines. After regular business hours, police respond to most noise complaints. 

While environmental specialists frequently use sound level meters, the ordinance also allows police officers to issue citations for noise disturbances on their own judgment and with the testimony of witnesses, under the specific criteria stated in the ordinance.

Solving Neighborhood Noise Problems

Even with the Noise Control Ordinance in force, each of us should take responsibility for preserving a quiet atmosphere in our neighborhood, multi-family building, or townhouse community. A commitment to self-monitoring and mutual cooperation is essential to eliminating noise problems before they happen - and is fully in keeping with the intent of the ordinance.

The Noise Control Ordinance can provide a reason for you and your neighbors to meet and communicate, whether formally or informally. If noise has not been a problem in the neighborhood, you can quickly cover ways to maintain the peaceful environment you have developed. But if noise is out of control, whether from residential or commercial sources, you will want to explore ways to resolve the problem.

Many noise problems can be resolved through the same methods used to confront other neighborhood problems. Tactful person-to-person communication is a good way to start. If that approach fails, strength through numbers may be the answer. Your block, tenant, or community association may wish to adopt resolutions in keeping with the County ordinance, while taking steps to inform residents of the association’s support for sanctions against noise. Distributing copies of this brochure to make people aware of the County ordinance can sometimes be all that is necessary.

Controlling Noise Through Joint Responsibility

Along with fully understanding the Noise Control Ordinance to ensure compliance through self-monitoring, county residents and businesses should know how to report noise disturbances and problems they have not been able to resolve successfully themselves. Various Montgomery County services are available to help.

• For more information about the Noise Control Ordinance or to report situations that may constitute violations, call the Montgomery County Department of Environmental Protection at 240.777.7770 – 8:00 a.m. to 4:30 p.m., weekdays.
• To report noise disturbances resulting from trash collection during "quiet hours," call the Montgomery County Division of Solid Waste Management at 240.777.6410 – 8:30 a.m. to 5:00 p.m., weekdays.
• To report noise disturbances outside regular business hours, call the police non-emergency line at 301.279.8000.
• To report noise disturbances from animals, call the Animal Services Division at 240.773.5960 – 8:30 a.m. to 5:00 p.m., weekdays.

When all of us do all we can to comply with the spirit and letter of the ordinance, no one will be victimized by noise. And by maintaining a pleasant environment everyone can enjoy, the Montgomery County Noise Control Ordinance really will be a sound solution - for all of us.

Illustrations in this publication by Fitch & Co. Inc.