(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 subsection (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 |
11:00 p.m. – 7:00 a.m. | 55 | |
Public space, commercial or business | 7:00 a.m. – 11:00 p.m. | 65 |
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 on residential space, as follows:
TABLE 2: GREATER SOUND LEVELS, NONRESIDENTIAL
Without Permit (dB(A)) | With Permit to Exceed (dB(A)) | |
Weekends (Friday 5:00 p.m. – 11:00 p.m. Sunday) | 70 | 80 |
Holidays (as defined in section 12-5-2) (12:00 p.m. noon-11:00 p.m.) | 70 | 80 |
(E) Fraternity houses and sorority houses shall be classified as residential use and shall conform to the regulations in Table 1 of subsection (C) above except as provided in this subsection. Each fraternity and each sorority at East Carolina University and Pitt Community College may be granted one “permit to exceed” during the fall and spring academic semesters as defined by the respective catalogs for East Carolina University and Pitt Community College. For the purposes of this subsection, the fall academic semester shall be deemed to begin seven days before the first day of scheduled classes, and shall end seven days after the last scheduled day of exams, and the spring academic semester shall be deemed to begin seven days before the first day of scheduled class and end one day after the scheduled day of commencement as identified in the respective academic calendars or catalog of East Carolina University or Pitt Community College. Permits to exceed allowed under this subsection shall not be transferable from one organization to another, or from one location to another. Applications for permits under this subsection shall be considered under the same criteria as any other application, except that no permit may be issued under this subsection to any fraternity or sorority which had a permit revoked during the immediately preceding semester.
(F) Penalties. Unless exempt pursuant to City Code section 12-5-6, a violation of this section may subject the violator to any or all of the following penalties:
(1) Criminal. Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor pursuant to G.S. 14-4 and G.S. 160A-175 and shall pay a criminal penalty of not less than $100 and not more than $500.
(2) Civil.
(a) A violation of any of the provisions of this section shall subject the violator to a civil penalty by way of a civil ticket in an amount as follows:
1. First violation. A violation of this section shall subject the violator to a civil penalty of $100.
2. Second violation within 365 days of the first violation. A second violation of this section by the violator within 365 days from herein defined first violation shall subject the violator to a civil penalty of $250.
3. Third and subsequent violations within 365 days of the first violation. A third violation and any subsequent violations of this section by the violator within 365 days from herein defined first violation shall subject the violator to a civil penalty of $500 per violation.
(b) Appeals; payment of civil penalty; delinquency charge. Unless appealed in accordance with Part II, Title 1, Chapter 1, Section 20 of the City Code, a civil penalty assessed for a violation of any provision of this section must be paid to and received by the revenue division of the city's Financial Services Department within five business days from the date of issuance. If the civil penalty is not timely paid to and received by the revenue division of the city's Financial Services Department within five business days from the date of issuance, the violator will be assessed a delinquency charge of an additional $50 for each 72-hour period thereafter upon nonpayment until paid in full.
(c) Methods of recovery of unpaid civil penalty. Unless appealed in accordance with Part II, Title 1, Chapter 1, Section 20 of the City Code, if full payment for an assessed civil penalty is not timely received by the revenue division of the city's Financial Services Department, the city may recover the unpaid civil penalty by any or all of the following methods:
1. A civil action in the nature of a debt.
2. The use of a collections agency and the assessment of an administrative fee.
3. The use of the provisions of Chapter 105A (The Setoff Debt Collection Act) and G.S. 18C-134.
4. Equitable remedies issued by a court of competent jurisdiction, including but not limited to nuisance abatement procedures.
5. Any other method authorized by law to secure, collect, satisfy, or otherwise recover any civil penalty owed.
6. The City Attorney, or his or her designee, is authorized to file suit on behalf of the city to collect any unpaid civil penalties and any delinquency charges, and the Police Chief, or his or her designee, is authorized to verify and sign complaints on behalf of the city in such suits. If litigation is required to recover the civil penalties and delinquency charges, the City Attorney or his or her designee in addition to the civil penalties and delinquency charges may recover reasonable attorneys' fees and other costs incurred in bringing the action and collecting the judgment.
(3) Separate offenses. Each violation of this section and each day that a violation continues is considered a separate offense.
(Ord. No. 05-108, passed 9-8-2005; Ord. No. 23-049, § 16, passed 6-8-2023)