Section
82.01 Statement of policy; interpretations
82.02 General prohibition
82.03 Noises prohibited at all times
82.04 Noises prohibited at certain times
82.05 Noises that generally do not violate this chapter
82.06 Special provisions concerning live, recorded or amplified music originating from commercial establishments and live music venues in the Town's B-1, B-2, B-3, and U-1 zoning districts
82.07 Responsible parties
82.99 Enforcement; penalties
(A) Statement of policy. It is the policy of the Town of Boone to maintain a peaceful community while recognizing that certain noises are generated by the acceptable economic and recreational activity of a vibrant community. The goal of the town is to encourage such activity while ensuring that time periods during which many residents are customarily at rest or have an expectation of peaceful enjoyment of their residences are not disturbed by unacceptable levels or types of noise.
(B) Interpretations and Definitions. For purposes of this chapter, the following interpretations and definitions shall apply.
(1) When the word
REASONABLE is used herein, it shall be evaluated with reference to the normal expectations for sound during normal waking hours versus the normal expectations for sound during normal sleeping hours, with a higher level of sound acceptable during the day and a lower level of sound acceptable during the night. It shall also be evaluated with reference to the location involved, with a higher level of noise expected and tolerated if generated within a business or university district within the town and a lower level of noise expected and tolerated if generated within a residential district within the town.
(2) A
REASONABLE PERSON is one who is moderate, fair and sensible. Although enforcement of this chapter shall often be the result of a complaint received by the Town, in each instance where a complaint is received and the standard of "reasonableness" invoked, a Boone police officer answering the complaint shall separately determine, based upon his or her investigation and in light of the circumstances of the situation, whether the noise in question is at an "unreasonable" level.
(3) A person's
TEMPORARY OR USUAL PLACE OF ABODE OR PLACE OF EMPLOYMENT shall not include locations on the campus of Appalachian State University and located in the U-1 zoning district, as they relate to noises which originate from areas on campus located in the U-1 zoning district.
(4) Whether a sound is
AUDIBLE WITHIN A PERSON'S TEMPORARY OR USUAL PLACE OF ABODE shall be determined with one or more windows of the complaining party open, assuming weather conditions during which it is reasonable and customary for one or more windows to be open.
(5) Noise is
DISTURBING if it is perceived by a person of ordinary sensibilities as interrupting the normal peace and calm of an area.
(6) UNREASONABLY LOUD NOISE shall mean noise which is substantially incompatible with the time and location where created or heard to the extent that it brings about an actual or imminent interference with peace, rest, or good order.
(Ord. passed 12-16-2019)
(A) It shall be unlawful for any person to make, allow, continue or assist to be made, allowed or continued:
(1) Any unreasonably loud noise; or
(2) Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensibilities, within the jurisdictional limits of the town; or
(3) Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons residing, visiting or working in the area from which said noises emanate, or as to unreasonably interfere with the peace and comfort of such residents or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such residences or places of business.
(B) Factors for determining whether noise is unreasonably loud or disturbing include, but are not limited to, the following:
(1) The proximity of the sound to sleeping facilities, whether residential or commercial;
(2) The proximity of the sound to the noise sensitive areas;
(3) The land use, nature, and zoning of the area(s) from which the sound emanates and the area where it is received or perceived;
(4) The time of day or night the sound occurs;
(5) The duration of the sound; and
(6) Whether the sound is recurrent, intermittent, or constant.
(C) Non-applicability within ASU campus areas. This chapter shall not be enforced with respect to violations alleged to disturb persons located on the campus of Appalachian State University and in the U-1 zoning district as a result of noises that originate from areas on campus located in the U-1 zoning district.
(Ord. passed 12-16-2019)
The following noises are declared to be unreasonably loud or disturbing noises in violation of § 82.02 and are prohibited at all times. This enumeration shall not be construed to be an exclusive list of noises which violate § 82.02, nor shall satisfying any requirements of this section render a sound in itself reasonable
(A) Noises intended to disturb. The creation of noise for the primary purpose of disturbing another person, such purpose gleaned from the circumstances surrounding the generation of the noise;
(B) Horns, signaling devices, sirens, and the like. The sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle, except as a warning or danger signal; or the sounding of such device repeatedly or for an unreasonable period of time; or the use of any siren upon any vehicle, other than a bona fide police, fire or other emergency vehicle or equipment.
(C) Television sets, radios, musical instruments, or amplification and playing devices, and the like. The outdoor use, operation, or playing of any television set, radio, musical instrument or sound amplifying device, or other machine or device for the production or reproduction of sound, including but not limited to devices designed for playing music and other material from records, compact discs, MP3's and the like, in a manner or at a volume which would or does annoy or disturb a person of reasonable sensibilities within his or her temporary or usual place of abode or place of employment.
(D) Yelling, shouting, and the like. The frequent, constant, or continual yelling or shouting, in a manner or at a volume which would or does annoy or disturb a person of reasonable sensibilities within his or her temporary or usual place of abode or place of employment.
(E) Animals. The frequent, constant, or continual noise from any animal, such as the continual; frequent, chronic and intermittent; or uncontrolled barking of a dog outside, at a volume level or for a period of time which would or does annoy or disturb a person of reasonable sensibilities within his or her temporary or usual place of abode or place of employment.
(F) Vehicles. The use of any motorized vehicle so out of repair, or so loaded, altered or operated as to create grating, grinding, rattling or other noise which would or does annoy or disturb a person of reasonable sensibilities within his or her temporary or usual place of abode or place of employment, or the operation of a motorized vehicle with a defective, altered, or missing muffler.
(G) Loading, unloading, opening boxes. The creation of an unusual and unreasonable level of noise in connection with loading or unloading any vehicle, the opening and destruction of boxes, bales, crates, and other containers, or the prolonged deposit of solid waste materials or recyclables into containers or receptacles, at a noise level which would or does annoy or disturb a person of reasonable sensibilities within his or her temporary or usual place of abode or place of employment.
(H) Alarms. Car, home and similar types of alarms which are activated and not discontinued promptly after the person in control of the alarm is advised or discovers that the alarm has been activated, unless the alarm is allowed to continue because said person believes that a crime is being committed.
(I) Compression release engine brakes or air brakes (aka “Jake Brakes”). The noise caused by the release or use of compression release engine brakes, sometimes referred to as air brakes or “Jake Brakes.”
(Ord. passed 12-16-2019)
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