Section
95.01 Purpose
95.02 Definitions
95.03 Standards and methodology
95.04 Maximum permitted sound levels by use occupancy
95.05 Nuisance noise
95.06 Exceptions
95.07 Determinations
95.08 Motor vehicle noise
95.09 Mufflers
95.10 Off-road vehicles
95.11 Owner responsibility for noise violations
95.12 Violations
95.99 Penalty
(A) Excessive and unnecessary noise endangers the physical and emotional health and welfare of the people, interferes with legitimate business and recreational activity, depresses property values, offends the senses, creates public nuisances, and in other respects reduces the quality of life.
(B) A substantial body of science and technology exists by which excessive sound may be measured and substantially abated. Because excessive and unnecessary noise may jeopardize human health or welfare or substantially degrade the quality of life, it is the purpose of this chapter to prevent, prohibit and provide for the regulation and abatement of excessive and unnecessary noise which may injure the physical and emotional health or welfare of the town's citizens or degrade the quality of life.
(Ord. 21-09-01, passed 9-3-2021)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A-WEIGHTED SOUND LEVEL. The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A).
CLASSIFICATION OF USE OCCUPANCIES.
(1) Use occupancies shall be as follows:
AGRICULTURAL. All premises which are bona fide farms or which are characterized by farming activities as the primary use of the premises.
COMMERCIAL or BUSINESS. All premises where sales, professional or other commercial activities are legally permitted, except that residences with lawful home occupations are considered residential.
MANUFACTURING or INDUSTRIAL. All premises where goods or wares are made, warehoused or stored or where manufacturing is legally permitted.
PUBLIC SPACE. Any area owned, utilized or occupied by a municipal, county, state or federal agency, including but not limited to park or recreation areas, streets and sidewalks.
RESIDENTIAL USE. All premises containing habitually occupied sleeping quarters defined as "Dwelling" in Article 17 of the Town's Land Development Ordinance.
(2) In classifying uses under this section, the zoning classification of an area may be considered; however, the actual use of premises shall control when the use and the zoning classification conflict. Any area not otherwise classified under this section shall be considered commercial.
(3) In case of multiple uses, the more restrictive use category shall prevail.
DECIBEL (DB). A unit for describing the amplitude of sound, equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micronewtons per square meter. The sound pressure level in DECIBELS as measured on a sound level meter using the A-weighting network is designated dB(A).
EMERGENCY WORK. Any work performed for the purpose of preventing or alleviating physical trauma or property damage threatened or caused by an existing or imminent peril.
HOLIDAY. For the purposes of this chapter, federal holidays as established by the U.S. Congress will be recognized as HOLIDAYS.
MUFFLER. An apparatus consisting of a series of chambers or baffle plates designed for the purpose of transmitting gases while reducing sound emanating from such apparatus.
NIGHT-TIME. That time commencing at 11:00 p.m. on one day and ending at 7:00 a.m. the next day or, if using the 24-hour clock, from 2300 to 0700.
NOISE. Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
OUTDOOR AMPLIFIED SOUND. Any sound using amplifying equipment, whose source is outside or whose source is inside and the sound propagates to the outside through open doors or windows or other openings in the building.
OWNER OF REAL PROPERTY. The owner or listing owner of real property as defined in G.S. § 105-302.
PERSON. Any individual, association, partnership or corporation and includes any officer, employee, department, agency or instrumentality of the United States, the state or any political subdivision thereof.
PLAINLY AUDIBLE. Any sound that can be clearly heard at a distance of 75 feet or more. Measurement standards shall be the auditory senses, based upon the direct line of sight. Words or phrases need not be discernible and bass reverberations are included.
SLOW RESPONSE. A measuring technique to obtain an average value when measuring a noise level that fluctuates over a range of four decibels or more. By way of illustration only, a sound level meter set on slow response would record a sound level between two and six decibels less than the reading for a steady signal of the same frequency and amplitude when a tone of 1,000 Hz and for a duration of 0.5 second is applied.
SOUND. An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression, and rarefaction of that medium. The description of SOUND may include any characteristic of such SOUND, including duration, intensity and frequency.
SOUND AMPLIFICATION SYSTEM. Any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of sound.
SOUND LEVEL. The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-1971 or the latest approved version thereof). If the frequency weighting employed is not indicated, the A weighting shall also apply.
SOUND LEVEL METER. An instrument which includes a microphone, amplifier, RSM detector, integrator or time averager, output meter and weighting network used to measure sound pressure levels.
SOUND PRESSURE LEVEL. Twenty times the logarithms to the base ten of the ratio of the root mean squared (RMS) sound pressure to the reference pressure of 20 micronewtons per square meter.
SOUND SOURCE. Any person, animal, device, operation, process, activity or phenomenon, which emits or causes sound.
TENANT. One who resides on or has the temporary use or occupation of real property owned by another person. In the case of residential property, TENANT shall be construed to mean any individual actually residing at the residential location, whether the person is listed on a lease or not.
UNNECESSARY NOISE. Any excessive or unusually loud sound or any sound which disturbs the peace and quiet of any neighborhood or which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of ordinary sensibilities or causes damage to property.
WEEKEND. Friday 5:00 p.m. to Sunday 11:00 p.m.
(Ord. 21-09-01, passed 9-3-2021)
(A) Standards, instrumentation, personnel, measurement procedures and reporting procedures to be used in the measurement of sound shall be as specified in this section.
(B) Sound level measurement shall be made with a sound level meter using the A-weighting scale, set on slow response.
(C) Sound level meters shall be at least Type II meeting American National Standard Institute (ANSI) S1.4-1971 requirements. Persons using the sound level meters shall be trained in sound level measurement and the operation of sound level measurement equipment.
(Ord. 21-09-01, passed 9-3-2021)
(A) The use of sound amplifying equipment is limited to the conditions specified in this section.
(B) Outdoor amplified sound, including a live musical group or individual using sound amplifying equipment, may be produced only if an authorized agent of the sponsoring business, organization or group has been granted an outdoor amplified sound permit. This permit must be signed by a representative of the business, organization or group holding or sponsoring the event at which the outdoor amplified sound will be produced, as well as the applicant if different from the business, organization or group holding or sponsoring the event. Such person, group, organization or business shall be responsible for costs associated with providing security and cleanup costs as identified on the permit application.
(C) Except as allowed in division (D) below, no person shall operate or cause to be operated any source of sound in such a manner as to create a sound level which at its peak exceeds the limits set forth for the use occupancy categories in Table 1 when measured at or beyond the property line of the property from which the sound originates. For purposes of measurement, the back of the curb, the outside edges of driveways, fences, hedges or other physical features commonly associated with property boundaries are presumed to be at a point which is at or beyond the property line. In all cases the maximum sound level permitted by use occupancy shall be determined on the basis of the use occupancy of the property from which the sound originates and not by the use occupancy of any surrounding property. Sound which originates from a dwelling unit in a duplex or other multi-family housing unit shall be measured from any point which is at least 25 lineal feet, whether inside or outside a building, from the nearest point of the enclosed or habitable space of the dwelling unit from which the sound originates.
Table 1: Sound Levels by Use Occupancy | ||
Use Occupancy Category | Time | Sound Level Limit (dB(A)) |
Residential | 7:00 a.m. - 11:00 p.m. | 60 |
11:00 p.m. - 7:00 a.m. | 55 | |
Public space, commercial or business | 7:00 a.m. - 11:00 p.m. | 65 |
11:00 p.m. - 7:00 a.m. | 60 | |
Manufacturing, industrial or agricultural | At all times | 75 |
(D) Sound levels in excess of the limits established in Table 1 will be permitted in public space, commercial or business space, manufacturing, industrial or agricultural space, but not residential space, as follows:
Table 2: Greater Sound Levels, Allowed Only at Registered Events Using Public Facility or at Event Approved by Special Use Permit
| |
Not to Exceed (dB(A)) During Hours Listed | |
Weekdays (5:00 p.m. - 10:00 p.m.) | 65 |
Weekends (as defined in § 95.02) (Friday 5:00 p.m. - 11:00 p.m. Sunday) | 80 |
Holidays (as defined in § 95.02) (12:00 p.m. noon - 11:00 p.m.) | 80 |
(Ord. 21-09-01, passed 9-3-2021) Penalty, see § 95.99
Loading...