3310.1 [RESERVED]

3310.2 Violation of any of the following provisions shall be a Class 2 infraction:

1. (a) 20 DCMR § 2701.1 (causing or permitting sounds emanating from operations, activities or other sources under one's control to exceed the maximum noise level);
2. (b) 20 DCMR § 2800.2 (using, operating, or permitting to be used any musical instrument device, loud speaker, sound amplifier, or other device in excess of the maximum noise level);
3. (c) 20 DCMR § 2802.1 (permitting noise levels resulting from construction or demolition to exceed the maximum noise level);
4. (d) 20 DCMR § 2803.2 (permitting noise to emanate from construction, excluding home repairs within residential, special purpose, or waterfront zone on any Sunday or legal holiday, or after 7:00 p.m., and before 7:00 a.m., on any weekday);
5. (e) 20 DCMR § 2804.2 (permitting blasting with explosives on any Sunday or legal holiday or at nighttime on weekdays, without a special permit);
6. (f) 20 DCMR § 2806.2 (operating or permitting the operation of any refuse collection vehicle in any residential, special purpose, or waterfront zone at nighttime on any day of the week);
7. (g) 20 DCMR § 2810.1 (selling or offering to sell a new motor vehicle or motor cycle that is to be registered for use upon the public highway that exceeds the maximum noise levels; or
8. (h) 20 DCMR § 2810.2 (failure of the manufacturer, distributor, importer or his or her designated agent to certify in writing to the Mayor that all motor vehicles or motorcycles sold by him or her in the District comply with the applicable maximum noise levels).

3310.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 20 DCMR § 2703.3 (permitting noise to emanate from railroad cars operated by the Washington Metropolitan Area Transit Authority to exceed the maximum noise level);

(b) 20 DCMR § 2801.2 (permitting noise resulting from the use of any air conditioning, refrigerator, heat pump, fan, swimming pool equipment, or other mechanical equipment to exceed the maximum noise level);

(c) 20 DCMR § 2811.5 (operating a motor vehicle equipped with an engine speed governor that generates a sound level in excess of the maximum noise level);

(d) 20 DCMR § 2812.1 (modifying or altering the exhaust system of a motor vehicle or motorcycle in a manner that will amplify or increase the noise emitted by the vehicle in excess of the maximum noise level); or

(e) 20 DCMR § 2812.2 (using, operating a motor vehicle or a motorcycle having an exhaust system that has been modified or altered in a manner that will increase the noise emitted by the vehicle above the maximum noise level);

3310.4 Violation of any provision of the District of Columbia Noise Control Regulations, 20 DCMR, Chapters 27 to 29, which provision or rule is not cited elsewhere in this section, shall be a Class 4 infraction.

SOURCE: Final Rulemaking published at 52 DCR 4903 (May 27, 2005).