§ 96.004 NOISE.

   (A)   (1)   It shall be unlawful for any person to create, assist in creating, permit or continue to permit the continuance of any unreasonable loud, disturbing or unnecessary noises in the city, excluding city sponsored events or festivals.

      (2)   The following acts, among others, are declared to be loud, disturbing, annoying and unnecessary noises in violation of this section, but the enumeration shall not be deemed to be exclusive:

         (a)   To use or permit to be used any automobile, truck, bus, motorcycle or other vehicle, engine, stationary or moving, instrument, device or other thing so out of repair, so loaded, or in a manner as to create loud and unnecessary grating, grinding, rattling or other noise; or to create any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates or containers;

         (b)   To sound any horn or signal device in any other manner or circumstances or for any other purpose than required by the laws of the state;

         (c)   The use of any gong or siren upon any vehicle, other than police, fire or other emergency vehicles;

         (d)   To race the engine of any motor vehicle while the vehicle is not in motion, except when necessary so to do in the course of repairing, adjusting or testing the same;

         (e)   To drive a motor vehicle in a manner to cause a tire or tires to spin, skid, slide or slip and thereby make loud or excessive noise. This includes, but is not limited to, the operation of a motor vehicle in such a manner that the friction between the tires and pavement create or make a loud, disturbing or unnecessary noise. This is commonly known as “burning rubber” or “scratching off”;

         (f)   The playing of any radio, phonograph or other musical instrument in a manner or with a volume, particularly during the hours between 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of any person or persons in any dwelling, hotel or other type of residence or venue, excluding city sponsored events or festivals;

         (g)   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;

         (h)   The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or to stop work, or as a warning of danger;

         (i)   The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motor boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;

         (j)   The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced;

         (k)   The erection (including excavating), 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., on weekdays, 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;

         (l)   The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the same are in session, or within 150 feet of any hospital, where the noise would unreasonably interfere with the working of the institution; provided, conspicuous signs are displayed in the streets indicating that the same is a school, court or hospital street;

         (m)   The creation of any excessive noise on Sundays on any street adjacent to any church; provided, conspicuous signs are displayed in the street adjacent to churches indicating that the same is a church street;

         (n)   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;

         (o)   The sounding of any bell or gong attached to any building or premises which disturbs the quiet or repose of persons in the vicinity thereof;

         (p)   The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale or display of merchandise;

         (q)   The use of any mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising or other purposes;

         (r)   The conducting, operating or maintaining of any garage or filling station in any residential district in a manner as to cause loud or offensive noises to be emitted therefrom between the hours of 11:30 p.m. and 7:00 a.m.; and

         (s)   The firing or discharging of a gun, squib, cracker, gunpowder or other combustible substance in the streets, or elsewhere, for the purpose of making noise or disturbance, except by permit from the Police Department.

(Prior Code, § 9-7)

   (B)   (1)   Factors to consider. The standards which shall be considered in determining whether a violation of division (A) above exists shall include, but shall not be 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 the background noise, if any;

         (f)   The proximity of the noise to residential sleeping facilities;

         (g)   The nature and zoning of the area within which the noise emanates;

         (h)   The density of inhabitation of the area within which the noise emanates;

         (i)   The time of day or night the noise occurs;

         (j)   The duration of the noise;

         (k)   Whether the noise is recurrent, intermittent or constant; and

         (l)   Whether the noise is produced by a commercial or non-commercial activity.

      (2)   Tables.

Table I — Limiting Levels for Use Districts
Octave band—Maximum Permissible Sound Pressure Center frequency—Levels in Decibels re 0.0002 Microbars
Cycles per Second	Residential	Use District Commercial	Manufacturing
Below 75	65	79	80
75—150	60	74	75
150—300	55	66	70
300—600	55	59	64
600—1,200	45	53	58
1,200—2,400	45	47	53
2,400—4,800	40	41	49
Above 4,800	40	49	46
NOTE TO TABLE: If the noise is not smooth and continuous, 1 or more of the corrections in Table II below shall be added to or subtracted from each of the decibel levels given in Table I.

 

 

Table II — Type of Operation in Character of Noise (Correction in Decibels)
Noise source operated less than 20% of any 1-hour period	plus 5*
Noise source operated less than 5% of any 1-hour period	plus 10*
Noise source operated less than 1% of any 1-hour period	plus 15*
Noise of impulsive character (hammering and the like)	minus 5
Noise of periodic character (hum, screech and the like)	minus 5
NOTES TO TABLE: *Apply one of these corrections only.   If the noise occurs between the hours of 10:00 p.m. and 7:00 a.m. on Monday through Saturday or at any time on Sunday or a holiday, 7 shall be subtracted from each of the decibel levels given in Table I.

 

      (3)   Motorized vehicles. It shall be unlawful to operate a motorized vehicle within the city limits which creates a noise or sound which exceeds the noise level limits set out in Table III below.

Table III — Limiting Noise Levels from Vehicles
Trucks and buses
Over 10,000 pounds
93 dB(A) measured at 50 feet	Maximum allowable limit
97 dB(A) measured at 25 feet	Maximum allowable limit
Under 10,000 pounds
80 dB(A) measured at 50 feet	Maximum allowable limit
86 dB(A) measured at 25 feet	Maximum allowable limit
Passenger cars
78 dB(A) measured at 50 feet	Maximum allowable limit
84 dB(A) measured at 25 feet	Maximum allowable limit
Motorcycles, including other vehicles
87 dB(A) measured at 50 feet	Maximum allowable limit
93 dB(A) measured at 25 feet	Maximum allowable limit

 

(Prior Code, § 9-8) (Ord. 21-15, passed 4-27-2021)

Penalty, see § 96.999

Cross-reference:

   Creation of noise in advertising, see § 112.01

   Driving in quiet zones, see § 72.04

   Noise at John H. Moss Reservoir area, see § 92.28

Statutory reference:

   Authority as to noise, see G.S. § 160A-184