(A) Definitions. The following words, terms and phrases, when used in this section shall have the meanings ascribed to them in this division, except where the context indicates a different meaning:
(1) CONSTRUCTION means the assembly, erection, substantial repair, alteration, demolition, or site preparation for of public or private rights-of-ways, buildings, or other structures, utilities, or property.
(2) DAYTIME HOURS means the hours between 7:00 a.m. and 10:00 p.m., Monday through Saturday, and the hours between 9:00 a.m. and 10:00 p.m. on Sunday.
(3) EMERGENCY means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
(4) EXCESSIVE NOISE means any sound, the intensity of which exceeds the standards set forth in this section.
(5) PREMISES means any building, structure, land, or portion thereof, including all appurtenances, owned or controlled by a person.
(6) PROPERTY MAINTENANCE equipment means all engine or motor powered tools and equipment used occasionally in the repair and upkeep of interior property and including but not limited to lawn mowers, riding tractors, wood chippers, power saws, and leaf blowers.
(7) PUBLIC EMERGENCY sound signal means a device, either stationary or mobile, producing audibly signals associated with a set of circumstances involving actual of imminent danger to persons or damage to property that demands immediate action.
(8) PUBLIC FACILITY MAINTENANCE means all activity related to the clearing, cleaning, and upkeep of public roads, sidewalks, sewers, water mains, utilities, and publicly owned property.
(9) SOUND means a transmission of energy through solid, liquid, or gaseous media in the form of vibrations which constitute alterations in pressure or position of the particles in the medium and which, in air, evoke physiological sensations, including but not limited to an auditory response, when impinging on the ear.
(B) Declaration of Policy. Excessive noise must be controlled by the city to protect, preserve, and promote the public health, safety, and welfare. The Council recognizes the fact that people have a right to and should be ensured an environment free from excessive sound and vibration that may jeopardize their health, safety, or welfare.
(C) Generally. Subject to the following provisions, the creation of any unreasonably loud, disturbing or unnecessary noise in the town is prohibited. It shall be unlawful for any person to cause, make or contribute to creating any loud or disturbing noise of such character, intensity or duration to be detrimental to the life or health of any individual or such noise as to disturb the quiet and peace of any citizen in the town.
(D) Unlawful acts enumerated. The following acts, among others, are declared to be loud, disturbing or unnecessary noises and are specifically prohibited by this section. The following shall not, however, necessarily include all such noises as may constitute a violation of division (C) of this section.
(1) Blowing horns. The sounding of any horns, whistle or signal device on any motor vehicle, except as a danger signal or as required by law, so as to create any unreasonably loud or harsh sound or the sounding of any device for any unreasonable amount of time is hereby prohibited.
(2) Sirens. The use of any gong, bell or siren on any motor vehicle other than police, fire, rescue or other emergency vehicle permitted by is hereby prohibited.
(3) Sound amplifying devices. The playing of any radio, stereo, compact disc player, record player, tape recorder, television, musical instrument or sound producing or sound amplifying device in such manner or with such volume as to annoy or disturb the quiet, repose or comfort of any person in any dwelling, hotel or other residence if hereby prohibited.
(4) Blowing whistles. The blowing of any steam whistle attached to a boiler except as a warning of danger, to give notice to start or stop work, or as an indicator of time, is hereby prohibited.
(5) Noises to attract attention. The use of any bell, drum, loudspeaker or other instrument for the purpose of attracting attention by the creation of noise to any performance, show, sale, display or advertisement of merchandise is hereby prohibited.
(E) Emergency situations. Noise caused in the performance of emergency work for the immediate safety, health or welfare of the community or individuals of the community or to restore property to a safe condition following a public calamity shall not be subject to the provisions of this section.
(F) (1) Exclusions from section. This section shall not apply to noise emitted by or related to the following:
(a) Natural phenomena.
(b) The unamplified sound made by any wild animal.
(c) A bell or chime from any building clock, school, or church.
(d) A public emergency sound signal.
(e) Farming equipment or farming activity.
(f) An emergency.
(g) Snow removal.
(2) Exemptions from section. The following shall be exempt from this section, subject to the special conditions noted:
(a) Noise created by the operation of property maintenance equipment during daytime hours.
(b) Noise generated by any construction equipment operated during daytime hours.
(c) Noise created by any recreational activities that are sanctioned by the city, including but not limited to parades, sporting events, concerts, and fireworks displays.
(d) Noise created by blasting is conducted between 8:00 a.m. and 5:00 p.m. local time and provided that a permit for such blasting has been obtained from state or local authorities.
(e) Noise created by refuse and solid waste collection, provided that such activity is conducted between 6:00 a.m. and 10:00 p.m.
(f) Noise created by a fire or intrusion alarm which, from the time of activation of the audible signal, emits noise for a period of time not exceeding ten minutes when such alarm is attached to a vehicle or thirty minutes when attached to any building or structure.
(g) Noise created by public facility maintenance during daytime hours.
(G) Penalties. Any person in violation of this article shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in an amount not to exceed $200. In lieu of arrest and issuance of a summons, a police officer may serve upon a violator an infraction notice, which shall be known as a noise ticket. Payment of the fine prescribed by such noise ticket within the time limit specified thereon shall constitute a plea of nolo contendere and shall save the violator harmless from prosecution for the offense cited.
Statutory reference:
Municipal authority, see S.C. Code § 5-7-30