(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)