§ 95.03 STANDARDS AND METHODOLOGY.

(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)

§ 95.02 DEFINITIONS.

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)

§ 95.03 STANDARDS AND METHODOLOGY.

(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)

§ 95.04 MAXIMUM PERMITTED SOUND LEVELS BY USE OCCUPANCY.

(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
Residential	11:00 p.m. - 7:00 a.m.	55
Public space, commercial or business	7:00 a.m. - 11:00 p.m.	65
Public space, commercial or business	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

§ 95.05 NUISANCE NOISE.

(A) In addition to any other violation of this chapter, it shall be unlawful to emit any unreasonably loud, annoying, frightening, loud and disturbing or unnecessary noise. Specifically, it shall be unlawful to emit noise of such character, intensity or duration as to be detrimental to the life or health of any reasonable person of ordinary sensibilities.

(B) In addition to any other violation of this chapter, the following acts are specifically declared to be unreasonably loud, annoying, frightening, loud and disturbing or unnecessary noise, the emission of which shall be unlawful. The following enumeration shall not be deemed to be exclusive:

(1) The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal, or if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time;

(2) The use of any gong or siren upon any vehicle other than police, fire, ambulance or other emergency vehicles;

(3) The playing of any radio, phonograph, CD player, computer generated and/or amplified sound, amplifier, television, tape deck, tape recorder, musical instrument or any other electronically created or amplified sound equipment in such a manner or with such volume during the night-time hours as to annoy or disturb the quiet, comfort or repose of any person or persons in any dwelling, hotel, motel or other type of residence;

(4) The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise;

(5) The blowing of any steam whistle attached to any stationary boiler;

(6) The discharge into the open air of the exhaust of any stationary internal combustion engine or motor vehicle, except through a muffler or other device, which will effectively prevent loud or explosive noises therefrom;

(7) The creation of any excessive noise on any street adjacent to any school, institution of learning or court, while the same are in session, or within 150 feet of any hospital, which unreasonably interferes with the work of such institution or which disturbs or unduly annoys patients in the hospital;

(8) The creation of loud and excessive noise in connection with loading or unloading any vehicles or the opening and destruction of bales, boxes, crates and containers;

(9) The shouting and crying of peddlers, barkers, hawkers or vendors, which disturbs the quiet and peace of the neighborhood;

(10) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale or display of merchandise;

(11) The repair, rebuilding or testing of any motor vehicle in any residential district, so as to cause loud or offensive noises to be emitted therefrom during the night-time hours;

(12) The creation of excessive noise by the operation of an airplane over the town by stunting, diving or otherwise operating an airplane for the purpose of advertising or otherwise;

(13) The keeping or maintaining or permitting the keeping of, on any premises owned, leased, occupied or controlled by such person, any animal or fowl otherwise permitted to be kept which, by habitual or frequent sound, cry, howling, barking, squawking, meowing or other noise, that disturbs the quiet, comfort or repose of any person;

(14) The operation on public property or on public vehicular areas of any sound amplifier which is part of or connected to any radio, stereo receiver, compact disc player, cassette tape player or other similar device when operated in such a manner as to be plainly audible at a distance of 30 feet from the building, structure or vehicle in which it is located or operated and which because of its volume, level, duration and character annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities; and

(15) Yelling or shouting in residential areas during the night-time hours where the yelling or shouting is of a volume, level and duration as to interfere with the quiet enjoyment of reasonable persons of ordinary sensibilities or annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities.

(Ord. 21-09-01, passed 9-3-2021) Penalty, see § 95.99

§ 95.06 EXCEPTIONS.

The following are exempt from the provisions of Table 1 and Table 2 of §§ 95.04 and 95.05:

(A) Sound emanating from scheduled outdoor athletic events;

(B) Construction operations from 7:00 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m. on weekends for which building permits have been issued or construction operations not requiring permits; providing all equipment is operated in accord with the manufacturer’s specifications and with all standard equipment manufacturer’s mufflers and noise-reducing equipment in use and in proper operating condition;

(D) Noise resulting from any authorized emergency vehicle;

(E) Noise resulting from parades, lawful picketing or other public demonstrations protected by the U.S. Constitution or federal law, or for which a local permit has been granted by the town, provided the activity is of a temporary duration lasting no longer than two hours during any 24-hour period. Regulation of noise emanating from registered activities at public facilities shall be according to the conditions and limits stated in this chapter and according to any additional conditions stated on the rental agreement;

(F) Unamplified sound at street fairs conducted, sponsored or sanctioned by the town;

(G) All noises coming from the normal operations of properly equipped aircraft (not including scale model aircraft);

(H) Noise from noisemakers on holidays and fireworks on holidays or at times allowed under a pyrotechnics permit issued pursuant to G.S. Chapter 14, Article 54;

(I) Lawn mowers and agricultural equipment used between 7:00 a.m. and 9:00 p.m. when operated with all of the manufacturer's standard mufflers and noise-reducing equipment in use and in proper operating condition;

(J) Unamplified and amplified sound at community concerts conducted, sponsored or sanctioned by the town;

(K) Practice sessions or performances by marching bands;

(L) Noise from trains and associated railroad rolling stock when operated in proper repair and manner;

(M) Emergency work, as defined in § 95.02;

(N) Live performances by solo musicians, or solo musicians and one vocalist, with or without amplified sound, in commercial or business uses provided that no noise measurement taken at the property line shall exceed 90 dB(A); and

(O) Athletic or concert events sponsored by the local schools, colleges, the county or the town.

(Ord. 21-09-01, passed 9-3-2021)

§ 95.07 DETERMINATIONS.

In determining whether a noise is unreasonably loud, disturbing and unnecessary, the following factors incident to such noise are to be considered:

(A) The time of day;

(B) The proximity to residential structures, whether the noise is recurrent, intermittent or constant;

(D) Whether the noise has been enhanced in volume or range by any type of electronic or mechanical means;

(E) The character and zoning of the area;

(F) Whether the noise is related to the normal operation of a business or other labor activity; and

(G) Whether the noise is subject to being controlled without unreasonable effort or expense to the creator thereof.

Examples of Noise Sources and Their Effects
Noise Source	Decibel Level	Comment
Jet take-off (at 25 meters)	150	Eardrum rupture
Aircraft carrier deck	140
Military jet aircraft take-off from aircraft carrier with afterburner at 50 feet (130 dB)	130
Thunderclap; chain saw; oxygen torch (121 dB)	120	Painful; 32 times as loud as 70 dB
Steel mill; auto horn at one meter; turbo-fan aircraft at takeoff power at 200 feet (118 dB); riveting machine (110 dB); live rock music (108-114 dB)	110	Average human pain threshold; 16 times as loud as 70 dB
Jet take-off (at 305 meters); use of outboard motor; power lawn mower; motorcycle; farm tractor; jackhammer; garbage truck; Boeing 707 or DC-8 aircraft at one nautical mile (6,080 feet) before landing (106 dB); jet flyover at 1,000 feet (103 dB); Bell J-2A helicopter at 100 feet (100 dB)	100	Eight times as loud as 70 dB; serious damage possible in eight-hour exposure
Boeing 737 or DC-9 aircraft at one nautical mile (6,080 feet) before landing (97 dB); power mower (96 dB); motorcycle at 25 feet (90 dB); newspaper press (97 dB)	90	Four times as loud as 70 dB; likely damage in eight- hour exposure
Garbage disposal; dishwasher; average factory; freight train (at 15 meters); car wash at 20 feet (89 dB); propeller plane flyover at 1,000 ft (88 dB); diesel truck 40 mph at 50 feet (84 dB); diesel train at 45 mph at 100 feet (83 dB); food blender (88 dB); milling machine (85 dB); garbage disposal (80 dB)	80	Two times as loud as 70 dB; possible damage in eight- hour exposure
Passenger car at 65 mph at 25 feet (77 dB); freeway at 50 feet from pavement edge 10 a.m. (76 dB); living room music (76 dB); radio or TV audio; vacuum cleaner (70 dB)	70	Arbitrary base of comparison; upper 70s are annoyingly loud to some people
Conversation in restaurant; office; background music; air conditioning unit at 100 feet	60	Half as loud as 70 dB; fairly quiet
Quiet suburb; conversation at home; large electrical transformers at 100 feet	50	One-fourth as loud as 70 dB
Library; bird calls (44 dB); lowest limit of urban ambient sound	40	One-eighth as loud as 70 dB
Quiet rural area	30	One-sixteenth as loud as 70 dB; very quiet
Whisper, rustling leaves	20
Breathing	10	Barely audible
Modified from http://www.wenet.net/~hpb/dblevels.html on 2/2000. SOURCES: Temple University Department of Civil/Environmental Engineering (www.temple.edu/departments/CETP/environ10.html), and Federal Agency Review of Selected Airport Noise Analysis Issues, Federal Interagency Committee on Noise (August 1992). Source of the information is attributed to Outdoor Noise and the Metropolitan Environment, M.C. Branch et al., Department of City Planning, City of Los Angeles, 1970.

(Ord. 21-09-01, passed 9-3-2021)

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