City of Frederick - Noise Abatement Monitoring Systems - Authorization

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0617*

HOUSE BILL 617
R6 6lr2162

By: Delegates Fair, Kerr, and Simpson
Introduced and read first time: January 30, 2026
Assigned to: Environment and Transportation
Committee Report: Favorable
House action: Adopted
Read second time: March 18, 2026

CHAPTER ______

AN ACT concerning 1

City of Frederick – Noise Abatement Monitoring Systems – Authorization 2

FOR the purpose of authorizing the use of noise abatement monitoring systems in the City 3
of Frederick to enforce certain motor vehicle noise requirements ; and generally 4
relating to the use of noise abatement monitoring systems. 5

BY repealing and reenacting, with amendments, 6
Article – Transportation 7
Section 22–612 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2025 Supplement) 10

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12

Article – Transportation 13

22–612. 14

(a) This section applies only in Montgomery County , [and] Prince George’s 15
County, AND THE CITY OF FREDERICK. 16

(b) (1) In this section the following words have the meanings indicated. 17

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(2) “Agency” means a [county] law enforcement agency OF A LOCAL 1
JURISDICTION that is authorized to issue a citation for a violation of the Maryland Vehicle 2
Law or of local traffic laws or regulations. 3

(3) “LOCAL JURISDICTION” MEANS MONTGOMERY COUNTY, PRINCE 4
GEORGE’S COUNTY, OR THE CITY OF FREDERICK. 5

(4) “Noise abatement monitoring system” means a mobile or fixed vehicle 6
sensor that works in conjunction with a noise measuring device, such as a decibel reader, 7
that automatically produces two or more photographs, two or more microphotographs, a 8
videotape, or other recorded images of a motor vehicle at the time the motor vehicle is 9
operated during the commission of a violation. 10

[(4)] (5) “Noise abatement monitoring system operator” means a 11
representative of an agency or a contractor that operates a noise ab atement monitoring 12
system. 13

[(5)] (6) “Noise measuring device” means an electronic device that: 14

(i) Uses automated equipment that activates when the sound level 15
exceeds the maximum sound level limits established under § 22 –601 of this subtitle by at 16
least 5 decibels; 17

(ii) Records audio when activated; 18

(iii) Records decibel levels when activated; and 19

(iv) Allows a noise abatement monitoring system operator to 20
manually review recorded audio to ensure a violation has occurred. 21

[(6)] (7) (i) “Owner” means the registered owner of a motor vehicle or 22
a lessee of a motor vehicle under a lease of 6 months or more. 23

(ii) “Owner” does not include: 24

1. A motor vehicle rental or leasing company; or 25

2. A holder of a special registration pl ate issued under Title 26
13, Subtitle 9, Part III of this article. 27

[(7)] (8) “Recorded image” means an image recorded by a noise abatement 28
monitoring system: 29

(i) On: 30

1. A photograph; 31
HOUSE BILL 617 3

2. A microphotograph; 1

3. An electronic image; 2

4. Videotape; or 3

5. Any other medium; and 4

(ii) Showing: 5

1. The rear of a motor vehicle; 6

2. The decibel level recorded for the motor vehicle at the time 7
of recordation; and 8

3. On at least one image or portion of tape, a clear and legible 9
identification of the entire registration plate number of the motor vehicle. 10

[(8)] (9) “Violation” means a violation of § 22 –602 of this subtitle by at 11
least 5 decibels. 12

(c) (1) (i) A [county] LOCAL JURISDICTION may use not more than three 13
noise ab atement monitoring systems under this section if the use is authorized by the 14
[county] governing body OF THE LOCAL JURISDI CTION by local law enacted after 15
reasonable notice and a public hearing. 16

(ii) A [county] LOCAL JURISDICTION may deploy a noise 17
abatement monitoring system at multiple locations at different times. 18

(iii) Before activating a noise abatement monitoring system, the 19
[county] LOCAL JURISDICTION shall: 20

1. Publish notice of the location of the noise abatement 21
monitoring system on its website; and 22

2. Ensure that each noise abatement monitoring system is 23
proximate to a sign that: 24

A. Indicates that noise abatement monitoring systems are in 25
use in the area; and 26

B. Is in accordance with the manual and the specifications for 27
a uniform system of traffic control devices adopted by the State Highway Administration 28
under § 25–104 of this article. 29

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(iv) 1. A [county] LOCAL JURISDICTION that authorizes a 1
program of noise abatement monitoring systems shall designate an official or employee to 2
investigate and respond to questions or concerns about the [county’s] LOCAL 3
JURISDICTION’S noise abatement monitoring system program. 4

2. A. The local designee shall review a warning notice or 5
citation generated by a noise abatement monitoring system if the person who received the 6
warning notice or citation requests review before the deadline for contesting liability under 7
this section. 8

B. If the local designee determines that the warning notice or 9
citation is an erroneous violation , the local designee shall void the warning notice or 10
citation. 11

C. If the local designee determines that a person did not 12
receive notice of a warning notice or citation issued under this section due to an 13
administrative error, the local designee may r esend the warning notice or citation in 14
accordance with subsection (e) of this section or void the warning notice or citation. 15

D. A local designee that takes any action described under 16
subsubsubparagraph C of this subsubparagraph shall notify the Admi nistration of the 17
action for the purpose of rescinding any administrative penalties imposed under subsection 18
(h) of this section. 19

E. A local designee may not determine that a warning notice 20
or citation is an erroneous violation based solely on the dis missal of the warning notice or 21
citation by a court. 22

F. A local designee may waive a warning notice or citation if 23
the person alleged to be liable under this section provides sufficient evidence that the 24
person has made any alterations to the motor vehicle necessary to avoid future violations. 25

3. A local designee may not be employed by a noise 26
abatement monitoring system contractor or have been involved in any review of a noise 27
abatement monitoring system warning notice or citation, other than rev iew of a warning 28
notice or citation under this subparagraph. 29

4. On receipt of a written question or concern from a person, 30
the local designee shall provide a written answer or response to the person within a 31
reasonable time. 32

5. A local jurisdiction shall make any written questions or 33
concerns received under this subparagraph and any subsequent written answers or 34
responses available for public inspection. 35

(v) If a [county] LOCAL JURISDICTION moves or places a noise 36
abatement monitoring system to or at a location where a noise abatement monitoring 37
HOUSE BILL 617 5

system had not previously been moved or placed, the [county] LOCAL JURISDICTION may 1
not issue a citation for a violation recorded by that noise abatement monitoring system: 2

1. Until signage is installed in accordance with 3
subparagraph (iii)2 of this paragraph; and 4

2. For at least the first 15 calendar days after the signage is 5
installed. 6

(2) (i) A noise abatement monitoring system operato r shall complete 7
training by the manufacturer of the noise abatement monitoring system in the procedures 8
for setting up and operating the noise abatement monitoring system. 9

(ii) The manufacturer shall issue a signed certificate to the noise 10
abatement monitoring system operator on completion of the training. 11

(iii) The certificate of training shall be admitted as evidence in any 12
court proceeding for a violation. 13

(3) A noise abatement monitoring system operator shall fill out and sign a 14
daily set–up log for a noise abatement monitoring system that: 15

(i) States that the noise abatement monitoring system operator 16
successfully performed or reviewed and evaluated the manufacturer –specified daily 17
self–test of the noise abatement monitoring system before producing a recorded image; 18

(ii) States the date and time when, and the location where, the noise 19
abatement monitoring system was set up each day; 20

(iii) Shall be kept on file; and 21

(iv) Shall be admitted as evidence in any court proceeding fo r a 22
violation. 23

(4) (i) A noise abatement monitoring system shall undergo an annual 24
calibration check performed by an independent calibration laboratory that is: 25

1. Selected by the [county] LOCAL JURISDICTION; and 26

2. Unaffiliated with the manufacturer of the noise 27
abatement monitoring system. 28

(ii) The independent calibration laboratory shall issue a signed 29
certificate of calibration after the annual calibration check that shall be: 30

1. Kept on file; and 31

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2. Admitted as evidence in any court proceeding for a 1
violation. 2

(5) A [county] LOCAL JURISDICTION that establishes a noise abatement 3
monitoring system program shall bear the cost of implementing the program. 4

(d) (1) Unless the driver of the motor vehicle received a citation from a police 5
officer at the time of the violation, the owner of a motor vehicle is subject to a civil penalty 6
if the motor vehicle is recorded by a noise abatement monitoring system while being 7
operated during the commission of a violation. 8

(2) (i) A person liable for a violation enforced by a noise abatement 9
monitoring system is subject to: 10

1. For a first offense, a warning notice; and 11

2. For a second or subsequent offense, a civil penalty not 12
exceeding $75. 13

(ii) A [county] LOCAL JURISDI CTION may not issue a citation 14
applicable to a motor vehicle during the first 30 days after a warning for a first offense 15
applicable to the motor vehicle is mailed under subparagraph (i)1 of this paragraph. 16

(3) For purposes of this section, the District Court shall prescribe: 17

(i) A uniform citation form consistent with subsection (e)(1) of this 18
section and § 7–302 of the Courts Article; and 19

(ii) A civil penalty, which shall be indicated on the citation, to be paid 20
by persons who choose to prepay the civil penalty without appearing in District Court. 21

(4) A person may not be issued more than one citation by a [county] LOCAL 22
JURISDICTION per day for a violation enforced by a noise abatement monitoring system. 23

(e) (1) Subject to paragraphs (2) through (4) of this subsection, an agency shall 24
mail to an owner liable under subsection (d) of this section a warning notice or citation that 25
shall include: 26

(i) The name and address of the registered owner of the motor 27
vehicle; 28

(ii) The registration number of the motor vehicle involved in the 29
violation; 30

(iii) The violation charged; 31

(iv) The location where the violation occurred; 32
HOUSE BILL 617 7

(v) The location of the noise abatement monitoring system; 1

(vi) The date and time of the violation; 2

(vii) The recorded decibel level; 3

(viii) A copy of the recorded image; 4

(ix) The amount of the civil penalty imposed and the date by which 5
the civil penalty should be paid, if applicable; 6

(x) A signed statement by a duly authorized law enforcement officer 7
employed by or under contract with an agency that, based on inspection of recorded images, 8
the motor vehicle was being operated during the commission of a violation; 9

(xi) A statement that recorded images are evidence of a violation; 10

(xii) Information advising the person alleged to be liable under this 11
section to make any necessary alterations to the motor vehicle to avoid future violations; 12

(xiii) Information advising the person alleged to be liable under this 13
section of the manner and time in which liability as alleged in the citation may be contested 14
in the District Court; and 15

(xiv) Information advising the person alleged to be liable under this 16
section that failure to pay the civil penalty or to contest liability in a timely manne r, if 17
applicable: 18

1. Is an admission of liability; 19

2. May result in the refusal by the Administration to register 20
the motor vehicle; and 21

3. May result in the suspension of the motor vehicle 22
registration. 23

(2) An agency may mail a warning notice instead of a citation to the owner 24
liable under subsection (d) of this section. 25

(3) An agency may not mail a citation to a person who is not an owner. 26

(4) Except as provided in subsection (c)(1)(iv)2C of this section, a citation 27
issued under this section shall be mailed not later than 2 weeks after the alleged violation 28
if the vehicle is registered in this State, and 30 days after the alleged violation if the vehicle 29
is registered in another state. 30

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(5) A person who receives a citation under paragraph (1) of this subsection 1
may: 2

(i) Pay the civil penalty, in accordance with instructions on the 3
citation, directly to the [county] LOCAL JURISDICTION; or 4

(ii) Elect to stand trial in the District Court for the alleged violation. 5

(f) (1) A certificate alleging that the violation occurred and the requirements 6
under subsection (c) of this section have been satisfied, sworn to, or affirmed by a duly 7
authorized law enforcement officer employed by or under contract with an agency, based 8
on inspection of recorded images produced by a noise abatement monitoring system, shall 9
be evidence of the facts contained in the certificate and shall be admissible in a proceeding 10
alleging a violation without the presence or testimony of the noise abatement monit oring 11
system operator who performed the requirements under subsection (c) of this section. 12

(2) If a person who received a citation under subsection (e) of this section 13
desires the noise abatement monitoring system operator to be present and testify at trial, 14
the person shall notify the court and the agency in writing not later than 20 days before 15
trial. 16

(3) Adjudication of liability shall be based on a preponderance of evidence. 17

(g) (1) The District Court may consider in defense of a violation: 18

(i) Subject to paragraph (2) of this subsection, that the motor vehicle 19
or the registration plates of the motor vehicle were stolen before the violation occurred and 20
were not under the control or possession of the owner at the time of the violation; 21

(ii) That the noise abatement monitoring system was 22
malfunctioning at the time of the violation; or 23

(iii) Any other issues and evidence that the District Court deems 24
pertinent. 25

(2) To demonstrate that the motor vehicle or the registration plates were 26
stolen before the violation occurred and were not under the control or possession of the 27
owner at the time of the violation, the owner shall submit proof that a police report 28
regarding the stolen motor vehicle or registration plates was filed in a timely manner. 29

(h) If a person liable under this section does not pay the civil penalty or contest 30
the violation, the Administration may refuse to register or reregister the motor vehicle cited 31
for the violation. 32

(i) A violation for which a civil penalty is imposed under this section: 33

HOUSE BILL 617 9

(1) Is not a moving violation for the purpose of assessing points under § 1
16–402 of this article; 2

(2) May not be recorded by the Administration on the driving record of the 3
owner of the vehicle; 4

(3) May be treated as a parking violation for the purposes of § 26 –305 of 5
this article; and 6

(4) May not be considered in the provision of motor vehicle insurance 7
coverage. 8

(j) (1) In consultation with the appropriate [county] LOCAL JURISDICTION 9
agencies, the Chief Judge of t he District Court shall adopt procedures for the issuance of 10
citations, the trial of civil violations, and the collection of civil penalties under this section. 11

(2) The standards and requirements for the use, processing, and disposal 12
of recorded images and associated data established under § 12 –113.1 of this article apply 13
to citations issued under this section. 14

(k) (1) An agency or an agent or contractor designated by the agency shall 15
administer and process civil citations issued under this section in coordination with the 16
District Court. 17

(2) If a contractor in any manner operates a noise abatement monitoring 18
system or administers or processes warning notices or citations generated by a noise 19
abatement monitoring system on behalf of a [county] LOCAL JURISDICTION, the 20
contractor’s fee may not be contingent on a per –ticket basis on the number of warning 21
notices or citations issued or paid. 22

SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 23
2027, the City of Frederick shall report to the Governor and, in accordance with § 2 –1257 24
of the State Government Article, the General Assembly on: 25

(1) through October 1, 2027: 26

(i) the time period during which noise abatement monitoring 27
systems authorized under this Act were in use in the City; and 28

(ii) the number of warnings and citations issued as a result of 29
violations recorded by noise abatement monitoring systems in the City over the reported 30
time period, by location and date; 31

(2) (i) the costs associated with implementing and o perating noise 32
abatement monitoring systems; and 33

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(ii) the revenue collected on a monthly basis as a result of violations 1
recorded by noise abatement monitoring systems; 2

(3) appropriate locations for the deployment of noise abatement monitoring 3
systems; 4

(4) the performance and reliability of noise abatement monitoring systems 5
used by the City; and 6

(5) the effectiveness of noise abatement monitoring systems in reducing 7
noise produced by motor vehicles in the City and in areas where the systems we re 8
implemented and used. 9

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 10
1, 2026. It shall remain effective until the taking effect of the termination provision 11
specified in Section 3 of Chapters 624 and 625 of the Acts of the General Assembly of 2024. 12
If that termination provision takes effect, this Act, with no further action required by the 13
General Assembly, shall be abrogated and of no further force and effect. If that termination 14
provision is amended, this Act shall terminate on the amended termination date. This Act 15
may not be interpreted to have any effect on that termination provision. 16

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.