MD
Maryland Senate Bill SB967

Maryland 2025 Regular Session

Maryland Senate Bill SB967 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0967*
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77 SENATE BILL 967
88 R6 5lr1717
99 CF 5lr1719
1010 By: Howard County Senators
1111 Introduced and read first time: January 28, 2025
1212 Assigned to: Judicial Proceedings
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Howard County – Noise Abatement Monitoring Systems – Authorization 2
1919
2020 FOR the purpose of authorizing the use of noise abatement monitoring systems in Howard 3
2121 County to enforce certain motor vehicle noise requirements; and generally relating 4
2222 to the use of noise abatement monitoring systems. 5
2323
2424 BY repealing and reenacting, with amendments, 6
2525 Article – Transportation 7
2626 Section 22–612 8
2727 Annotated Code of Maryland 9
2828 (2020 Replacement Volume and 2024 Supplement) 10
2929
3030 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
3131 That the Laws of Maryland read as follows: 12
3232
3333 Article – Transportation 13
3434
3535 22–612. 14
3636
3737 (a) This section applies only in HOWARD COUNTY, Montgomery County, and 15
3838 Prince George’s County. 16
3939
4040 (b) (1) In this section the following words have the meanings indicated. 17
4141
4242 (2) “Agency” means a county law enforcement agency that is authorized to 18
4343 issue a citation for a violation of the Maryland Vehicle Law or of local traffic laws or 19
4444 regulations. 20
4545
4646 (3) “Noise abatement monitoring system” means a mobile or fixed vehicle 21
4747 sensor that works in conjunction with a noise measuring device, such as a decibel reader, 22 2 SENATE BILL 967
4848
4949
5050 that automatically produces two or more photographs, two or more microphotographs, a 1
5151 videotape, or other recorded images of a motor vehicle at the time the motor vehicle is 2
5252 operated during the commission of a violation. 3
5353
5454 (4) “Noise abatement monitoring system operator” means a representative 4
5555 of an agency or a contractor that operates a noise abatement monitoring system. 5
5656
5757 (5) “Noise measuring device” means an electronic device that: 6
5858
5959 (i) Uses automated equipment that activates when the sound level 7
6060 exceeds the maximum sound level limits established under § 22–601 of this subtitle by at 8
6161 least 5 decibels; 9
6262
6363 (ii) Records audio when activated; 10
6464
6565 (iii) Records decibel levels when activated; and 11
6666
6767 (iv) Allows a noise abatement monitoring system operator to 12
6868 manually review recorded audio to ensure a violation has occurred. 13
6969
7070 (6) (i) “Owner” means the registered owner of a motor vehicle or a 14
7171 lessee of a motor vehicle under a lease of 6 months or more. 15
7272
7373 (ii) “Owner” does not include: 16
7474
7575 1. A motor vehicle rental or leasing company; or 17
7676
7777 2. A holder of a special registration plate issued under Title 18
7878 13, Subtitle 9, Part III of this article. 19
7979
8080 (7) “Recorded image” means an image recorded by a noise abatement 20
8181 monitoring system: 21
8282
8383 (i) On: 22
8484
8585 1. A photograph; 23
8686
8787 2. A microphotograph; 24
8888
8989 3. An electronic image; 25
9090
9191 4. Videotape; or 26
9292
9393 5. Any other medium; and 27
9494
9595 (ii) Showing: 28
9696 SENATE BILL 967 3
9797
9898
9999 1. The rear of a motor vehicle; 1
100100
101101 2. The decibel level recorded for the motor vehicle at the time 2
102102 of recordation; and 3
103103
104104 3. On at least one image or portion of tape, a clear and legible 4
105105 identification of the entire registration plate number of the motor vehicle. 5
106106
107107 (8) “Violation” means a violation of § 22–602 of this subtitle by at least 5 6
108108 decibels. 7
109109
110110 (c) (1) (i) A county may use not more than three noise abatement 8
111111 monitoring systems under this section if the use is authorized by the county governing body 9
112112 by local law enacted after reasonable notice and a public hearing. 10
113113
114114 (ii) A county may deploy a noise abatement monitoring system at 11
115115 multiple locations at different times. 12
116116
117117 (iii) Before activating a noise abatement monitoring system, the 13
118118 county shall: 14
119119
120120 1. Publish notice of the location of the noise abatement 15
121121 monitoring system on its website; and 16
122122
123123 2. Ensure that each noise abatement monitoring system is 17
124124 proximate to a sign that: 18
125125
126126 A. Indicates that noise abatement monitoring systems are in 19
127127 use in the area; and 20
128128
129129 B. Is in accordance with the manual and the specifications for 21
130130 a uniform system of traffic control devices adopted by the State Highway Administration 22
131131 under § 25–104 of this article. 23
132132
133133 (iv) 1. A county that authorizes a program of noise abatement 24
134134 monitoring systems shall designate an official or employee to investigate and respond to 25
135135 questions or concerns about the county’s noise abatement monitoring system program. 26
136136
137137 2. A. The local designee shall review a warning notice or 27
138138 citation generated by a noise abatement monitoring system if the person who received the 28
139139 warning notice or citation requests review before the deadline for contesting liability under 29
140140 this section. 30
141141
142142 B. If the local designee determines that the warning notice or 31
143143 citation is an erroneous violation, the local designee shall void the warning notice or 32
144144 citation. 33
145145 4 SENATE BILL 967
146146
147147
148148 C. If the local designee determines that a person did not 1
149149 receive notice of a warning notice or citation issued under this section due to an 2
150150 administrative error, the local designee may resend the warning notice or citation in 3
151151 accordance with subsection (e) of this section or void the warning notice or citation. 4
152152
153153 D. A local designee that takes any action described under 5
154154 subsubsubparagraph C of this subsubparagraph shall notify the Administration of the 6
155155 action for the purpose of rescinding any administrative penalties imposed under subsection 7
156156 (h) of this section. 8
157157
158158 E. A local designee may not determine that a warning notice 9
159159 or citation is an erroneous violation based solely on the dismissal of the warning notice or 10
160160 citation by a court. 11
161161
162162 F. A local designee may waive a warning notice or citation if 12
163163 the person alleged to be liable under this section provides sufficient evidence that the 13
164164 person has made any alterations to the motor vehicle necessary to avoid future violations. 14
165165
166166 3. A local designee may not be employed by a noise 15
167167 abatement monitoring system contractor or have been involved in any review of a noise 16
168168 abatement monitoring system warning notice or citation, other than review of a warning 17
169169 notice or citation under this subparagraph. 18
170170
171171 4. On receipt of a written question or concern from a person, 19
172172 the local designee shall provide a written answer or response to the person within a 20
173173 reasonable time. 21
174174
175175 5. A local jurisdiction shall make any written questions or 22
176176 concerns received under this subparagraph and any subsequent written answers or 23
177177 responses available for public inspection. 24
178178
179179 (v) If a county moves or places a noise abatement monitoring system 25
180180 to or at a location where a noise abatement monitoring system had not previously been 26
181181 moved or placed, the county may not issue a citation for a violation recorded by that noise 27
182182 abatement monitoring system: 28
183183
184184 1. Until signage is installed in accordance with 29
185185 subparagraph (iii)2 of this paragraph; and 30
186186
187187 2. For at least the first 15 calendar days after the signage is 31
188188 installed. 32
189189
190190 (2) (i) A noise abatement monitoring system operator shall complete 33
191191 training by the manufacturer of the noise abatement monitoring system in the procedures 34
192192 for setting up and operating the noise abatement monitoring system. 35
193193 SENATE BILL 967 5
194194
195195
196196 (ii) The manufacturer shall issue a signed certificate to the noise 1
197197 abatement monitoring system operator on completion of the training. 2
198198
199199 (iii) The certificate of training shall be admitted as evidence in any 3
200200 court proceeding for a violation. 4
201201
202202 (3) A noise abatement monitoring system operator shall fill out and sign a 5
203203 daily set–up log for a noise abatement monitoring system that: 6
204204
205205 (i) States that the noise abatement monitoring system operator 7
206206 successfully performed or reviewed and evaluated the manufacturer–specified daily 8
207207 self–test of the noise abatement monitoring system before producing a recorded image; 9
208208
209209 (ii) States the date and time when, and the location where, the noise 10
210210 abatement monitoring system was set up each day; 11
211211
212212 (iii) Shall be kept on file; and 12
213213
214214 (iv) Shall be admitted as evidence in any court proceeding for a 13
215215 violation. 14
216216
217217 (4) (i) A noise abatement monitoring system shall undergo an annual 15
218218 calibration check performed by an independent calibration laboratory that is: 16
219219
220220 1. Selected by the county; and 17
221221
222222 2. Unaffiliated with the manufacturer of the no ise 18
223223 abatement monitoring system. 19
224224
225225 (ii) The independent calibration laboratory shall issue a signed 20
226226 certificate of calibration after the annual calibration check that shall be: 21
227227
228228 1. Kept on file; and 22
229229
230230 2. Admitted as evidence in any court proceeding for a 23
231231 violation. 24
232232
233233 (5) A county that establishes a noise abatement monitoring system 25
234234 program shall bear the cost of implementing the program. 26
235235
236236 (d) (1) Unless the driver of the motor vehicle received a citation from a police 27
237237 officer at the time of the violation, the owner of a motor vehicle is subject to a civil penalty 28
238238 if the motor vehicle is recorded by a noise abatement monitoring system while being 29
239239 operated during the commission of a violation. 30
240240
241241 (2) (i) A person liable for a violation enforced by a noise abatement 31
242242 monitoring system is subject to: 32 6 SENATE BILL 967
243243
244244
245245
246246 1. For a first offense, a warning notice; and 1
247247
248248 2. For a second or subsequent offense, a civil penalty not 2
249249 exceeding $75. 3
250250
251251 (ii) A county may not issue a citation applicable to a motor vehicle 4
252252 during the first 30 days after a warning for a first offense applicable to the motor vehicle is 5
253253 mailed under subparagraph (i)1 of this paragraph. 6
254254
255255 (3) For purposes of this section, the District Court shall prescribe: 7
256256
257257 (i) A uniform citation form consistent with subsection (e)(1) of this 8
258258 section and § 7–302 of the Courts Article; and 9
259259
260260 (ii) A civil penalty, which shall be indicated on the citation, to be paid 10
261261 by persons who choose to prepay the civil penalty without appearing in District Court. 11
262262
263263 (4) A person may not be issued more than one citation by a county per day 12
264264 for a violation enforced by a noise abatement monitoring system. 13
265265
266266 (e) (1) Subject to paragraphs (2) through (4) of this subsection, an agency shall 14
267267 mail to an owner liable under subsection (d) of this section a warning notice or citation that 15
268268 shall include: 16
269269
270270 (i) The name and address of the registered owner of the motor 17
271271 vehicle; 18
272272
273273 (ii) The registration number of the motor vehicle involved in the 19
274274 violation; 20
275275
276276 (iii) The violation charged; 21
277277
278278 (iv) The location where the violation occurred; 22
279279
280280 (v) The location of the noise abatement monitoring system; 23
281281
282282 (vi) The date and time of the violation; 24
283283
284284 (vii) The recorded decibel level; 25
285285
286286 (viii) A copy of the recorded image; 26
287287
288288 (ix) The amount of the civil penalty imposed and the date by which 27
289289 the civil penalty should be paid, if applicable; 28
290290 SENATE BILL 967 7
291291
292292
293293 (x) A signed statement by a duly authorized law enforcement officer 1
294294 employed by or under contract with an agency that, based on inspection of recorded images, 2
295295 the motor vehicle was being operated during the commission of a violation; 3
296296
297297 (xi) A statement that recorded images are evidence of a violation; 4
298298
299299 (xii) Information advising the person alleged to be liable under this 5
300300 section to make any necessary alterations to the motor vehicle to avoid future violations; 6
301301
302302 (xiii) Information advising the person alleged to be liable under this 7
303303 section of the manner and time in which liability as alleged in the citation may be contested 8
304304 in the District Court; and 9
305305
306306 (xiv) Information advising the person alleged to be liable under this 10
307307 section that failure to pay the civil penalty or to contest liability in a timely manner, if 11
308308 applicable: 12
309309
310310 1. Is an admission of liability; 13
311311
312312 2. May result in the refusal by the Administration to register 14
313313 the motor vehicle; and 15
314314
315315 3. May result in the suspension of the motor vehicle 16
316316 registration. 17
317317
318318 (2) An agency may mail a warning notice instead of a citation to the owner 18
319319 liable under subsection (d) of this section. 19
320320
321321 (3) An agency may not mail a citation to a person who is not an owner. 20
322322
323323 (4) Except as provided in subsection (c)(1)(iv)2C of this section, a citation 21
324324 issued under this section shall be mailed not later than 2 weeks after the alleged violation 22
325325 if the vehicle is registered in this State, and 30 days after the alleged violation if the vehicle 23
326326 is registered in another state. 24
327327
328328 (5) A person who receives a citation under paragraph (1) of this subsection 25
329329 may: 26
330330
331331 (i) Pay the civil penalty, in accordance with instructions on the 27
332332 citation, directly to the county; or 28
333333
334334 (ii) Elect to stand trial in the District Court for the alleged violation. 29
335335
336336 (f) (1) A certificate alleging that the violation occurred and the requirements 30
337337 under subsection (c) of this section have been satisfied, sworn to, or affirmed by a duly 31
338338 authorized law enforcement officer employed by or under contract with an agency, based 32
339339 on inspection of recorded images produced by a noise abatement monitoring system, shall 33 8 SENATE BILL 967
340340
341341
342342 be evidence of the facts contained in the certificate and shall be admissible in a proceeding 1
343343 alleging a violation without the presence or testimony of the noise abatement monitoring 2
344344 system operator who performed the requirements under subsection (c) of this section. 3
345345
346346 (2) If a person who received a citation under subsection (e) of this section 4
347347 desires the noise abatement monitoring system operator to be present and testify at trial, 5
348348 the person shall notify the court and the agency in writing not later than 20 days before 6
349349 trial. 7
350350
351351 (3) Adjudication of liability shall be based on a preponderance of evidence. 8
352352
353353 (g) (1) The District Court may consider in defense of a violation: 9
354354
355355 (i) Subject to paragraph (2) of this subsection, that the motor vehicle 10
356356 or the registration plates of the motor vehicle were stolen before the violation occurred and 11
357357 were not under the control or possession of the owner at the time of the violation; 12
358358
359359 (ii) That the noise abatement monitoring system was 13
360360 malfunctioning at the time of the violation; or 14
361361
362362 (iii) Any other issues and evidence that the District Court deems 15
363363 pertinent. 16
364364
365365 (2) To demonstrate that the motor vehicle or the registration plates were 17
366366 stolen before the violation occurred and were not under the control or possession of the 18
367367 owner at the time of the violation, the owner shall submit proof that a police report 19
368368 regarding the stolen motor vehicle or registration plates was filed in a timely manner. 20
369369
370370 (h) If a person liable under this section does not pay the civil penalty or contest 21
371371 the violation, the Administration may refuse to register or reregister the motor vehicle cited 22
372372 for the violation. 23
373373
374374 (i) A violation for which a civil penalty is imposed under this section: 24
375375
376376 (1) Is not a moving violation for the purpose of assessing points under § 25
377377 16–402 of this article; 26
378378
379379 (2) May not be recorded by the Administration on the driving record of the 27
380380 owner of the vehicle; 28
381381
382382 (3) May be treated as a parking violation for the purposes of § 26–305 of 29
383383 this article; and 30
384384
385385 (4) May not be considered in the provision of motor vehicle insurance 31
386386 coverage. 32
387387 SENATE BILL 967 9
388388
389389
390390 (j) In consultation with the appropriate county agencies, the Chief Judge of the 1
391391 District Court shall adopt procedures for the issuance of citations, the trial of civil 2
392392 violations, and the collection of civil penalties under this section. 3
393393
394394 (k) (1) An agency or an agent or contractor designated by the agency shall 4
395395 administer and process civil citations issued under this section in coordination with the 5
396396 District Court. 6
397397
398398 (2) If a contractor in any manner operates a noise abatement monitoring 7
399399 system or administers or processes warning notices or citations generated by a noise 8
400400 abatement monitoring system on behalf of a county, the contractor’s fee may not be 9
401401 contingent on a per–ticket basis on the number of warning notices or citations issued or 10
402402 paid. 11
403403
404404 SECTION 2. AND BE IT FURTHER ENACTED, That, on or before March 1, 2026, 12
405405 Howard County shall report to the Governor and, in accordance with § 2–1257 of the State 13
406406 Government Article, the General Assembly on: 14
407407
408408 (1) through January 1, 2026: 15
409409
410410 (i) the time period during which noise abatement monitoring 16
411411 systems authorized under this Act were in use in the county; and 17
412412
413413 (ii) the number of warnings and citations issued as a result of 18
414414 violations recorded by noise abatement monitoring systems in the county over the reported 19
415415 time period, by location and date; 20
416416
417417 (2) (i) the costs associated with implementing and operating noise 21
418418 abatement monitoring systems; and 22
419419
420420 (ii) the revenue collected on a monthly basis as a result of violations 23
421421 recorded by noise abatement monitoring systems; 24
422422
423423 (3) appropriate locations for the deployment of noise abatement monitoring 25
424424 systems; 26
425425
426426 (4) the performance and reliability of noise abatement monitoring systems 27
427427 used by the county; and 28
428428
429429 (5) the effectiveness of noise abatement monitoring systems in reducing 29
430430 noise produced by motor vehicles in the county and in areas where the systems were 30
431431 implemented and used. 31
432432
433433 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 32
434434 1, 2025. It shall remain effective until the taking effect of the termination provisions 33
435435 specified in Section 3 of Chapters 624 and 625 of the Acts of the General Assembly of 2024. 34
436436 If those termination provisions take effect, this Act, with no further action required by the 35 10 SENATE BILL 967
437437
438438
439439 General Assembly, shall be abrogated and of no further force and effect. If those 1
440440 termination provisions are amended, this Act shall terminate on the amended termination 2
441441 date. This Act may not be interpreted to have any effect on those termination provisions. 3