(A) Purpose. The provisions of this chapter are enacted under the authority of G.S. § 160A-184 to prevent noise disturbances and unreasonably loud noises which, at certain levels or durations and during certain times of day or night, can be detrimental to health and adversely impact a person's way of life and right to the peaceful and quiet use and enjoyment of property. The provisions herein prohibit noise disturbances and unreasonably loud noise from all sound sources and thereby promote public health, safety, and welfare. Nothing set forth in this chapter is intended to abridge an individual's right to freedom of speech or any other right under the Constitutions of the United States and the State of North Carolina.
(B) Definitions. The words and phrases used in this chapter shall have the meaning set forth below unless otherwise specifically provided or otherwise clearly required by the context:
“A” WEIGHTING SCALE. The sound pressure level in decibels as measured on a sound level meter using the A-frequency-weighted network and slow meter response setting. Sound levels are represented herein by the designation dB(A).
ABSENTEE OWNER. A property owner who is not occupying the property.
ADJOINING PROPERTY. Property which shares a contiguous boundary with another property.
AMPLIFIED SOUND. Any sound or noise, including the human voice, that is increased in volume or intensity.
ANSI. The American National Standards Institute or its successor bodies.
COMMERCIAL ESTABLISHMENT. An establishment used for commercial purposes with common business areas.
CONSTRUCTION. The on-site erection, fabrication, installation, repair, alteration, demolition, or removal of any right-of-way surface, structure, facility, or addition thereto, and including all activities related to the construction such as, without limitation, land clearing, earth moving, blasting, and landscaping.
DECIBEL (dB). 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 (20 micronewtons per square meter).
EMERGENCY. Any occurrence or set of circumstances involving actual or imminent physical injury, psychological trauma, and/or property damage which demands immediate action to maintain or restore public safety and prevent or alleviate the exigent circumstances.
IMPULSIVE SOUND. A sound of short duration, usually less than one second, with an abrupt onset and rapid cessation. Examples of sources of impulsive sound include explosions, drop forge impacts and the discharge of firearms.
MOTORIZED VEHICLES. Generally, any motor vehicle as defined in G.S. § 20-4.01 and G.S. § 105-164.3 including but not limited to:
(a) Passenger vehicles.
(b) Common carriers of passengers.
(c) Motorcycles and mopeds.
(d) Truck tractors.
(e) Farm tractors.
NECESSARY ACTIVITY. An activity the town determines cannot be avoided for the purpose of construction, public safety, constitutionality, or other activity that the town deems acceptable to allow for a limited time.
NECESSARY BUSINESS EQUIPMENT. Equipment physically affixed, joined, or connected to the outside of a building, and without which a business located inside the building would not be able to operate. Examples include but are not limited to heating and air conditioning units, electrical generators, water pumps, ventilation systems, and air/water chillers.
NEIGHBORING PROPERTY. Property which does not share a contiguous boundary with another property, but which is in close enough proximity to be affected by sound produced on the other property.
NOISE DISTURBANCE. Any sound or combination of sounds which, because of its volume or quality or time of day, tends to annoy, disturb, frighten, or otherwise cause an adverse psychological or physiological effect upon reasonable persons of normal sensitivity, or unreasonably prevents such persons from being able to enjoy their activities of daily living.
PERSON. Any individual, corporation, limited liability company, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or agency thereof, or any legal successor in interest, representative, or agent thereof.
PLAINLY AUDIBLE. Any sound or component of sound for which any of the content of that sound is unambiguous, verifiable, and discernible above ambient levels by a person using his or her unaided hearing faculties, including but not limited to musical rhythms, understandable speech, or rhythmic bass.
RESIDENTIAL AREAS. Any area within the town that is zoned: R-15; R-12; R-8; R-6; MFH I; MFH II; and PRD.
RESPONSIBLE PERSON. An owner, tenant, occupant, employee, agent, or any other person who is or who is apparently responsible for the premises, structure, dwelling, or commercial establishment within which a noise disturbance occurred or is occurring.
SOUND. Any disturbance of the air or other medium that is detectable by the unaided human ear or which produces vibrations detectable by persons of normal sensitivity.
SOUND LEVEL. The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network as specified in ANSI specifications for sound level meters.
SOUND LEVEL METER. Device used to measure sound pressure levels with a standardized frequency weighting and indicated exponential time weighting for measurements of sound level, or without time weighting for measurement of time-average sound pressure level or sound exposure level.
SOUND PRESSURE LEVEL. In decibels, 20 times the logarithm to the base ten of the ratio of the magnitude of a particular sound pressure to the standard reference pressure. The standard reference pressure is 0.0002 microbars.
SOUND SOURCE. Any person, animal, device, equipment, vehicle, operation, process, activity, or phenomenon emitting or causing sound.
(C) General prohibition. Except as allowed herein, no person shall engage in any activity on any property, public or private, within the town's corporate and extraterritorial jurisdictional limits which activity results in a noise disturbance.
(D) Specific prohibitions. The following acts are specifically declared to be unreasonably loud, annoying, frightening, or disturbing sounds constituting noise disturbances in violation of this chapter:
(1) The sounding of any horn or signal device on a vehicle for an unnecessary purpose, or for an unreasonable period of time, or for the purpose of harassing another person.
(2) The use of any siren upon any vehicle other than police, fire, ambulance, or other emergency vehicle.
(3) Operation of any motor vehicle without a proper muffler system as provided for in G.S. § 20-128(a).
(4) Construction activity in residential areas between the hours of 8:00 p.m. and 7:00 a.m. or at any time on New Year's Day, Thanksgiving Day, or Christmas Day unless otherwise permitted under division (J) below.
(5) The intentional projection of sound from any drum, music, loudspeaker, or other instrument or device onto adjoining or neighboring properties for the purpose of attracting attention to a business, location, performance, show, event, sale, activity, or display.
(6) Allowing an animal or bird to frequently or for extended periods of time make noises which would tend to disturb or annoy a reasonable person of normal sensitivity on adjoining or neighboring property.
(7) The collection of garbage, recyclables, or yard waste between the hours of 8:00 p.m. and 7:00 a.m. in residential areas.
(8) The operation of lawn mowers and other domestic power tools outside in residential areas between the hours of 8:00 p.m. and 7:00 a.m.
(9) The operation of a radio, television, record player, stereo or other sound reproduction system, musical instrument or sound-producing or sound-amplifying device within a structure in such a manner or at such a volume that the amplified sound is audible 30 feet or more from the premise's property line.
(10) The operation of a radio, cassette player, compact disc, streaming device, or similar equipment for reproducing sound located on or in any motor vehicle sited on a public or private street, a public or private vehicular area, or on public or private property if the sound or vibration therefrom is audible or can be felt 30 feet or more from the sound source.
(11) The use of any mechanical device operated by compressed air unless the noise created thereby is muffled and reduced so as not to constitute a noise disturbance.
(12) The operation of any noise-creating internal combustion engine unless the engine is equipped with a muffler device sufficient to muffle or reduce noise such that it does not constitute a noise disturbance.
(13) The operation of any noise-producing appliance or other mechanical device which results in a noise disturbance.
(E) Exceptions. To the extent that such uses are for a legitimate purpose, the following are excepted from the application of this chapter:
(1) Construction activity performed by or for a governmental agency provided the utilized equipment is operated in accordance with manufacturer's specifications and is equipped with noise-reducing equipment that is in good working order.
(2) Sound or noise of safety signals, warning devices, and emergency pressure relief valves.
(3) Sound or noise emanating from street fairs, festivals, or other public events produced, sponsored, or approved by the town.
(4) Sound or noise emanating from film and video production activities for which filming permits have been issued by the town, provided that all equipment is operated in accordance with manufacturer's specifications and is equipped with noise-reducing equipment that is in good working order.
(5) Sound or noise from lawful fireworks.
(6) Lawnmowers, agricultural equipment, and domestic power tools operated between the hours of 7:00 a.m. and 8:00 p.m. provided that all equipment is operated in accordance with manufacturer's specifications and is equipped with noise-reducing equipment that is in good working order.
(7) Necessary business equipment, provided that such equipment is operated in accordance with manufacturer's specifications and is equipped with appropriate noise-reducing equipment in good working order.
(8) Music during parades or military ceremonies.
(9) The collection of garbage, recyclables, or yard waste between the hours of 7:00 a.m. and 8:00 p.m.
(10) Emergency vehicles when used in the performance of official duties.
(11) Sound allowed under a town-issued permit or a town-made contract, to the extent such sound is provided for and/or authorized by such permit or contract.
(F) Noise violation based on sound level meters.
(1) Enforcement of this chapter does not require the use of a sound level meter to determine compliance. However, when a sound level meter is used to determine sound levels hereunder, the standards, instrumentation, personnel, measurement procedures, and reporting procedures shall be as set forth in this section and all terminology not defined in this chapter shall be construed within the context of the ANSI.
(2) Sound level measurement shall be made with a sound level meter using the A- weighting scale, set on slow response.
(3) Sound level meters shall be serviced, calibrated, and operated as recommended by the manufacturer and in conformity with a protocol prescribed by the town's Public Safety Department. Personnel using sound level meters shall be trained in sound level measurement and the operation of sound level measuring equipment.
(4) Sound level measurements shall be made, depending on the circumstances, from within the boundary line of an adjoining, neighboring, or complaining property. Whether the sound level violates the limits prescribed in division (G) below shall be determined by whether the readings taken exceed the levels allowed for the zoning area of the property that is the source of the sound.
(5) Except as specified in division (8) below, the sound level measurement shall be averaged over a period of at least one minute for purposes of determining the sound level. Sound levels may not exceed the prescribed level by more than three decibels at any time during the measurement period.
(6) During a sound level measurement, the microphone shall not be positioned to create or result in an unnatural enhancement of the measured sound. A windscreen shall be used when appropriate.
(7) Traffic noise and noise from other sources not connected with the sound being measured shall not be considered in taking sound level measurements.
(8) For noise that is impulsive or not continuous, the sound level measurement shall be taken over a period of at least one minute. Any such sound or noise that exceeds the prescribed level more than two times in a minute shall be deemed to exceed the prescribed sound levels.
(9) If a Public Safety Officer does not have possession of a department-owned and ANSI- approved sound level meter at the time of responding to a noise complaint, sound level measurements for the purpose of determining violations of this section may not be taken using any other device, including but not limited to applications on cellular devices or any hand-held personal sound level meters obtained from any other source. The Public Safety Officer shall instead proceed under other sections of this chapter to determine whether a noise disturbance is occurring.
(G) Sound level limits by zoning area.
Maximum Sound Level Readings | |||
Residential Areas | |||
7:00 a.m. to 8:00 p.m. | 60 dB(A) | 8:00 p.m. to 7:00 a.m. | 50 dB(A) |
Non-Residential Areas | |||
7:00 a.m. to Midnight | 75 dB(A) | Midnight to 7:00 a.m. | 70 dB(A) |
(H) Enforcement in general and noise violations not based on sound level meters.
(1) A Public Safety Officer responding to a noise complaint may, in the officer's discretion, issue a civil citation in accordance with the provisions set forth in § 10.08(A) herein if the officer determines that an illegal noise disturbance occurred or is occurring.
(2) A Public Safety Officer does not have to use a sound level meter or actually witness the sound or noise personally in order to take enforcement action under this chapter. Citations may be issued based upon statements and evidence obtained from complaining witnesses when the officer determines that such evidence is material, credible, unbiased, and sufficient.
(3) It shall be a violation of this chapter for any person to communicate a noise complaint to any town staff or official for the purpose of harassing the subject of the complaint while knowing or having reason to know that in fact no noise disturbance occurred.
(4) Factors to consider in determining whether a noise disturbance exists include, but are not limited to, the following:
(a) The volume of the noise;
(b) The intensity of the noise;
(c) Whether the nature of the noise is usual or unusual;
(d) Whether the origin of the noise is natural or unnatural;
(e) The volume and intensity of any background noise;
(f) The proximity of the noise to residential sleeping facilities;
(g) The nature and zoning of the area from which the noise emanates;
(h) The density of the inhabitation of the area from which the noise emanates;
(i) The time of day or night during which the noise occurs;
(j) The duration of the noise;
(k) Statements of any complaining witness(es), including any photographs and/or audio/video recordings produced by the complaining witness(es); and
(l) Whether the noise is recurrent, impulsive, intermittent, or constant.
(I) Owner/occupant responsibility.
(1) Penalties for violations of this section may be assessed against persons responsible for either the premises or the sound source.
(2) All persons responsible for either the premises or the sound source who are actively or constructively present at the time of the violation may be listed on the same citation and if so, shall be jointly and severally responsible for any such violation.
(3) Provided they receive written notice, in accordance with the provisions set forth in § 10.08(A) herein, of a previous violation of this chapter, an absentee property owner shall be responsible for the actions of tenants, guests, or other licensees constituting subsequent violations of this chapter provided the subsequent violation(s) occurred within 12 months after the date on which the previous violation occurred.
(J) Noise permits.
(1) A noise permit shall be obtained in advance for any activity where the sound level of which will exceed or is reasonably expected to exceed the sound level and/or time limits set forth in this chapter.
(2) An application for a permit under this section shall be submitted to the town's Public Safety Department at least five business days in advance of the proposed activity. The application shall designate, and provide effective contact information for, the contact person for the activity who shall be responsible for ensuring that the activity complies with the terms and conditions of the noise permit.
(3) A Public Safety Officer shall have the discretionary authority to revise the allowable times and acceptable sound levels set forth in the permit provided that the officer shall not extend the allowable time limit by more than one hour, or increase the allowable sound level for any activity by more than ten decibels over the sound level limits set forth in the permit.
(4) The following criteria shall be considered in determining whether to grant a permit:
(a) The use and activities permitted by the zoning regulations in the subject areas;
(b) The intensity of sound levels regularly produced by activities and devices in such areas;
(c) The time at which the proposed sound will occur;
(d) The level and duration of the proposed sound;
(e) The proximity of the proposed sound to commercial buildings and residential dwellings and the density of those areas;
(f) The history, if any, of noise complaints against the applicant;
(g) Whether the proposed sounds will be recurrent, intermittent, impulsive, or constant;
(h) Failure to complete the application properly; and
(i) The basis for the proposed sound.
(5) If an application for a noise permit is denied, then the reasons for denial shall be set forth in writing and promptly delivered to the applicant. If an applicant believes the denial is improper, the applicant shall, within five business days after the date on which said written denial was received by the applicant, submit a copy of the denied permit application, together with a short statement setting forth why the permit should be granted, to the Town Administrator who shall have the discretionary authority to consider the appeal and grant the permit together with reasonable and related conditions, if any, for the issuance of the permit.
(Ord. 14-8, passed 10-9-2014; Am. Ord. 23-3, passed 2-13-2023)