(a) Excessive sound and vibration are serious hazards to the public health, welfare, safety and quality of life, and a substantial body of science and technology exists by which excessive sound and vibration may be substantially abated. The people of the City of Frederick have a right to and should be ensured an environment free from excessive sound and vibration that may jeopardize their health, welfare or safety or degrade their quality of life. It is necessary to provide for the control of noise levels throughout the city so as to promote public health, safety, and welfare, the peace and quiet of the residents of the city, and to facilitate the use and enjoyment of property. Damage and discomfort caused to people arises from both stationary and non-stationary sound and vibration and this ordinance applies to both. Additionally, the mayor and board of aldermen have heard extensive testimony on numerous occasions as to the problems associated with locations that serve alcoholic beverages and produce or permit excessive and unnecessarily disturbing sound.
(b) Accordingly, the mayor and board of aldermen find and determine as follows:
(1) This ordinance is within the City of Frederick’s power to enact because city efforts to protect public health and safety are clearly within its police powers; and
(2) This ordinance reduces the threat to health, safety, welfare, appearance and economic value due to the decline in property condition(s) by lawfully delineating the circumstances under which such condition(s) may be considered illegal and/or abated; and
(3) Abatement of such condition(s) is in the best interest of the health, safety and welfare of the residents of the city and will promote their maximum use and enjoyment of property.
(4) The harmful secondary effects of excessive and unnecessary disturbing sound include but are not limited to:
(A) damage to residential property resulting from the vibrations of low-frequency amplified bass sound, which have caused cracks in windows and movement of items in homes on such property; and
(B) damage to persons forced to endure excessive and unnecessarily disturbing sound, including stress, lack of sleep, hearing damage and other physical impairments; and
(C) damage to the value of adjacent or nearby residential property due to the presence of such excessive and unnecessarily disturbing noise.
(5) This ordinance furthers the important governmental interest of regulating conduct and preventing public harm through a specific limitation on sound amplification narrowly tailored to be applicable only to excessive and unnecessarily disturbing sound emanating from locations licensed to serve alcoholic beverages and abutting residential properties, and of combating the harmful secondary effects associated with such excessive and unnecessarily disturbing sound.
(6) The harmful secondary effects of such excessive and unnecessarily disturbing sound from such commercial establishments tend to include the following additional secondary effects:
(A) extensive trash and litter disposed of by patrons of such a location on public and private property; and
(B) drunkenness, public urination; and
(C) a higher rate of both violent and nonviolent crimes in the immediate vicinity of such a location. (Ord. No. G-02-9, § 1, 6-6-02)

Editor’s note--This ordinance, as referenced in subsection (a), is Ordinance No. G-02-9, adopted June 6, 2002, which added sections 15-21 through 15-21.8 to chapter 15.
* Editor’s note--Ord. No. G-02-09, § 1, adopted June 6, 2002, repealed section 15-21 in its entirety, which pertained to sound emission, noise, etc., and derived from Ord. No. G-86-4, adopted May 1, 1986, as amended by Ord. Nos. G-96-28, G-97-16, and G-97-32.