(A) Noise disturbances prohibited. No person shall make, continue or cause to be made or continued, any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section.
(B) Specific prohibitions. The following acts, among others, are declared to be unreasonably loud, disturbing and unusually excessive noises in violation of this chapter, but the enumeration shall not be exclusive:
(1) Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound:
(a) In such a manner as to create a noise disturbance across a real property boundary or within a noise sensitive zone;
(b) In such a manner as to create a noise disturbance at 50 feet from the device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a motorboat or other vessel which operates on public waters;
(c) In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier; or
(d) This section shall not apply to noncommercial spoken language covered under division (B)(2) below.
(2) Loudspeakers and public address systems. Using or operating for any purpose any loudspeaker, public address system, or similar device such that the sound therefrom creates a noise disturbance across a real property boundary or within a noise sensitive zone; or between the hours of 10:00 p.m. and 7:00 a.m. the following day on a public right-of-way or public space.
(3) Street sales. Offering for sale or selling anything by shouting or outcry within any area of the county, except in a stadium or sports arena.
(4) Animals and birds. Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, meows, squawks or makes other sound which create a noise disturbance across a residential real property boundary or within a noise sensitive zone.
(5) Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise sensitive zone.
(6) Construction and demolition. Operating or permitting the operation of any tools or equipment used in construction or demolition work:
(a) Between the hours of 10:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or holidays, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise sensitive zone, except for emergency work.
(b) This section shall not apply to the use of domestic power tools subject to division (B)(12) below.
(7) Airport and aircraft operations. nothing in this section shall be construed to prohibit, restrict, penalize, enjoin, or in any manner regulate the movement of aircraft which are in all respects conducted in accordance with, or pursuant to, applicable federal laws or regulations.
(8) Explosives, firearms, and similar devices. The use or firing of explosives, firearms, firecrackers and other fireworks, or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way.
(9) Stationary nonemergency signaling devices.
(a) Sounding or permitting the sounding of any signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place, for more than 1 minute in any hourly period.
(b) Devices used in conjunction with places of education and religious worship shall be exempt from the operation of this provision.
(10) Emergency signaling devices.
(a) The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in division (b) below.
(b) Testing of a stationary emergency signaling device shall occur at the same time of day each time such a test is performed, but not before 8:00 a.m. or after 9:00 p.m.
(11) Noise sensitive zones. After being forbidden to do so, creating or causing the creation of any sound within any noise sensitive zone designated pursuant to division (B)(2) above, so as to disrupt the activities normally conducted within the zone.
(12) Domestic power tools. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tools or similar device used outdoors, in residential areas between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a residential real property boundary.
(13) Motor vehicles, motorcycles and motorboats.
(a) Generally. No person shall operate a motor vehicle, motorcycle or motorboat which causes noise disturbance across a real property boundary, within a noise sensitive zone or on a public right-of-way, public space or public waterway as a result of:
1. A defective or modified exhaust system;
2. Any unreasonably rapid acceleration, deceleration, engine revving or tire squealing; or
3. Overloading or ill-repair which causes unusually excessive grating, grinding, rattling or other noise.
(b) Repairs and testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary or within a noise sensitive zone.
(c) Horns and signaling devices of motor vehicles and motorcycles. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the county, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unreasonable period of time; the use of any horn, whistle, or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. Authorized emergency vehicles may use warning sounds.
(14) Engine exhausts. The discharge into the open air within the county of the exhaust of any steam engine, gasoline engine, stationary internal combustion engine, or other kind or type of engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(C) Operation of a motorized off road recreational vehicle. Notwithstanding the other provisions of this chapter, the operation of a motorized off road recreational vehicle in compliance with § 22-28.1 of the Dare County Zoning Code shall be exempt from the provisions of this chapter.
(Prior Code, § 97.04) (Ord. passed 8-1-1988; Am. Ord. passed 5-18-1998; Am. Ord. passed 5-4-2009)