(A) Subject to the provisions of this section, the creation of any unreasonably loud, disturbing and unnecessary noise is prohibited. Noise of this character, intensity, and duration as to be detrimental to the life or health of any individual is prohibited.
(B) The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this section, however this enumeration shall not be deemed to be exclusive, namely:
(1) The sounding of any horn, signal, or breaking device or any 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 signal necessitated by traffic conditions, the creation by means of any such signal device of any unreasonably loud or harsh sound, and the sounding of the device for an unnecessary and unreasonable period of time;
(2) The use of any gong or siren upon any vehicle, other than police, fire or other emergency vehicle;
(3) The playing of any radio, phonograph, or other musical instrument (with sound emitting from a residence or motor vehicle, carried by a pedestrian, or from some other source) in such a manner or with such volume, as to annoy or disturb the quiet, comfort or repose of any person;
(4) The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort and repose of any person in the vicinity;
(5) 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;
(6) The blowing of any whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of danger;
(7) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle, or any engine except through a muffler or other device which will effectively prevent loud or explosive noises;
(8) The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced;
(9) The erection (including excavation), demolition, alteration or repair of any building in a residential or business district other than between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday; 8:00 a.m. and 4:00 p.m. Saturday, except in the case of urgent necessity in the interest of public safety and then only with a permit from the Building Inspector, which permit may be renewed for a period of three days or less while the emergency continues;
(10) Utility and road construction operations other than between the hours of 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 permits have been issued or for which permits are not required due to ownership of the project by an agency of government, providing all equipment is operated in accordance with the manufacturer's specifications and with all the manufacturer's standard mufflers and noise-reducing equipment in use and operating properly;
(11) The creation of any excessive noise on any street or road adjacent to any school, institution of learning, or court while in session, which unreasonably interferes with the working of the institution, provided conspicuous signs are displayed in the streets indicating that the same is a school or court street;
(12) The creation of any excessive noise on Sundays on any street or road adjacent to any religious institution while in session, provided conspicuous signs are displayed in the streets adjacent to religious institutions indicating such an institution is located along that roadway;
(13) The creation of loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers;
(14) The sounding of any bell or gong attached to any building or premises which disturb the quiet or repose of persons in the vicinity;
(15) The shouting and crying of peddlers, barkers, hawkers, or vendors which disturbs the quiet or repose of persons in the vicinity;
(16) The use of any drum, loudspeaker, or other instrument or device for the purpose of attracting attention to any performance, show, sale, or display of merchandise;
(17) The use of any mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising or other purposes except where specific license is received from the city, provided that advertising sound trucks may make not more than three continuous round trips in the fire district between the hours of 8:00 a.m. and 9:00 p.m., on condition that the sound devices on the trucks shall be kept silent unless the truck is moving at a speed of not less than 15 miles per hour;
(18) The conducting, operating, or maintaining of any garage or filling station in any residential district so as to cause loud or offensive noises to be emitted between the hours of 11:00 p.m. and 7:00 a.m.;
(19) The maintenance and operation of radios, amplifiers, phonographs, or other mechanical instruments or devices of any kind whereby the sound is cast directly from the streets or other public places, however the provisions of this division do not apply to Christmas or religious music;
(20) Playing or permitting to be played any piccolo, jukebox, or other musical mechanical slot machine between the hours of 11:00 p.m. and 7:00 a.m.; or
(21) The gathering of ten or more persons for the purpose of rallies, recreation events, speeches, parades, or similar gathering between the hours of 11:00 p.m. and 7:00 a.m., particularly in close proximity to residential neighborhoods, so that the sleep and repose of persons in any dwelling or other type of residence is likely to be disturbed.
(C) Exceptions to this section. The following are exempt from the provisions of this section, however this enumeration shall not be deemed to be exclusive, namely:
(1) Any bell or chime from any building clock, school, or religious institution;
(2) Any siren, whistle, or bell lawfully used by emergency vehicles or any other alarm systems used in an emergency situation, provided that burglar alarms not terminating within 30 minutes after the responsible person has been notified shall be unlawful;
(3) Noise created as a result of or relating to an emergency;
(4) Warning devices required by OSHA or any local, county, state, or federal safety regulations;
(5) Noises resulting from the provision of sanitation services;
(6) All noises coming from motor vehicles properly equipped with the manufacturer's standard mufflers and noise reducing equipment;
(7) Noise from lawful fireworks and noisemakers on holidays;
(8) Lawn mowers and agricultural equipment used between the daylight hours of 7:00 a.m. and 9:00 p.m. when operated with all the manufacturer's standard mufflers and noise-reducing equipment in use and operating properly;
(9) Sound amplification equipment used in conjunction with a telecommunications system on business properties to notify employees of that business of incoming phone calls, providing that this system be used only between the hours of 7:00 a.m. and 9:00 p.m. and that any speakers attached to the system be oriented toward the interior of the property;
(10) Sound emanating from regularly scheduled, outdoor athletic events held or co-sponsored by the Recreation Department;
(11) Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit has been granted by the city in accordance with the exceptions enumerated in this section;
(12) Noises resulting from the provision of government services; or
(13) Emergency work necessary to restore property to a safe condition following a fire, accident, or natural disaster; to restore public utilities; or to protect persons or property from an imminent danger.
(D) Enforcement and penalties/or violation of section. Where there is a violation of any provision of this section, the city, at its discretion, may take one or more of the following enforcement actions:
(1) In accordance with the current City of Creedmoor Fee and Rate Schedule, a police officer may issue a citation subjecting the violator to a civil penalty as stated in the schedule, which may provide for a delinquency charge upon nonpayment of $25, and which penalty and delinquency charge may be recovered by the city in a civil action;
(2) A misdemeanor warrant may be issued either immediately or upon the issuance of a citation and the violator's failure to pay the citation. Misdemeanors shall be punishable by a fine of up to $500 and/or imprisonment for up to 30 days; or
(3) A civil action seeking a penalty of $500 per day of violation plus injunction and order of abatement may be directed toward any person creating or allowing the creation of any unlawful noise, including the owner or person otherwise having legal or actual control of the premises from which it emanates.
(E) Violation of this section may constitute an infraction in accordance with § 10.99 of this Code and G.S. § 14-4.
(`84 Code, § 8-5001) (Ord. passed 4-30-68; Am. Ord. 2010-O-09, passed 7-27-10; Am. Ord. 2011-O-07, passed 9-27-11; Am. Ord. 2013-O-04, passed 4-8-13; Am. Ord. 2014-O-02, passed 5-27-14; 2015-O-12, passed 6-15-15; Am. Ord. 2022-O-01, passed 3-1-22) Penalty, see § 96.99
Statutory reference:
Authority to regulate noise, see G.S. § 160A-184