(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)