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§ 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;
   (C)   Noise of safety signals, warning devices, emergency pressure relief valves and all church bells;
   (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;
   (C)   The volume and intensity;
   (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
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)
§ 95.08 MOTOR VEHICLE NOISE.
   (A)   It shall be unlawful for any person to drive, operate, move or permit to be driven, operated or moved a motor vehicle or combination of vehicles at any time in such a manner that the sound level of the vehicle exceeds the levels set forth for that category of vehicles as shown below:
 
Vehicle Type
Speed Limit 35 mph or Less
Speed Limit 35 mph or More
Vehicle Stationary
Motor vehicle with a gross vehicle weight rating (GVWR) of less than 10,000 pounds
81
85
83
Motor vehicle with a GVWR of more than 10,000 pounds
89
94
91
Motorcycle
81
85
83
Any other motor vehicle or any combination of vehicles towed by any motor vehicle
76
80
78
 
   (B)   Sound levels are to be measured at a distance of 25 feet from the nearest lane(s) being monitored and at a height of at least four feet above the immediate surrounding surface.
   (C)   This section shall apply to the total noise from a vehicle and shall not be construed as limiting or precluding the enforcement of any other provisions of this chapter relating to motor vehicle mufflers or noise control.
   (D)   Traffic, aircraft and other transportation noise sources and other background noises shall not be considered in taking measurements under this section.
(Ord. 21-09-01, passed 9-3-2021) Penalty, see § 95.99
§ 95.09 MUFFLERS.
   (A)   It shall be unlawful for any person to operate or cause to be operated a motor vehicle, unless the exhaust system is free from defects, which affect sound reduction.
   (B)   No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair or replacement, any muffler or sound, dissipative device on a motor vehicle.
   (C)   It shall be unlawful for any person to modify the exhaust system of a motor vehicle by the installation of a muffler cut-out or bypass, and no person shall operate a motor vehicle which has been so modified.
(Ord. 21-09-01, passed 9-3-2021) Penalty, see § 95.99
§ 95.10 OFF-ROAD VEHICLES.
   (A)   It shall be unlawful for any person to operate or cause to be operated a recreational off-road motor vehicle individually, in a group, or in an organized racing event, on public or private property in such a manner that the sound level exceeds the maximum permissible levels set forth in § 95.08, Table 3, for motorcycles, adjusted to a distance of 25 feet from the path of the vehicle when operated on public space, or the boundary private property when operated on private property.
   (B)   This section shall apply to all recreational vehicles, whether or not duly licensed or registered including, but not limited to commercial or noncommercial racing vehicles, motorcycles, go-carts, amphibious craft and dune buggies.
   (C)   Use of such vehicles off-road except for emergency purposes and except to attain access from private property to public rights-of-way shall be completely prohibited between the hours of 10:00 p.m. and 7:00 a.m.
(Ord. 21-09-01, passed 9-3-2021) Penalty, see § 95.99
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