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NOISE CONTROL
§ 152.21 ESTABLISHMENT OF NOISE ORDINANCE.
   This subchapter shall be known as the “Noise Ordinance for the Town of Mills River.”
(Ord. 2021-10, passed 5-13-2021)
§ 152.22 PROHIBITED NOISES.
   (A)   Disturbing noise which is perceived by a person of ordinary sensibilities as interrupting the normal peace and calm of the area.
   (B)   Unreasonably loud noise, which is a level of noise that is substantially incompatible with the time and location where created to the extent that it creates an actual or imminent interference with peace or good order.
      (1)   In determining whether a noise is unreasonably loud and disturbing, the following factors incident to such noise are to be considered:
         (a)   Time of day;
         (b)   Proximity to residential structures;
         (c)   Whether the noise is recurrent, intermittent, or constant;
         (d)   The volume and intensity;
         (e)   Whether the noise has been enhanced in volume or range by any type of mechanical means;
         (f)   The nature and zoning of the area;
         (g)   Whether the noise is related to the normal operation of a business or other labor activity, or is the result of some use for individual purposes;
         (h)   Whether the noise is subject to being controlled without unreasonable effort or expense to the creator thereof.
   (C)   The playing of any radio, phonograph or other musical instrument in such a manner or with such volume, particularly during the hours between 9:00 p.m. and 7:00 a.m. Sunday through Thursday and 10:00 p.m. and 7:00 a.m. Friday and Saturday, so as to annoy or disturb the quiet, comfort or repose of any persons in any dwelling, hotel or other type of residence.
   (D)   Using or operating a loudspeaker or other sound amplification device or system for the purpose of commercial advertising, giving instructions, information, directions, talks, addresses, lectures, or providing entertainment to any persons or assemblage of persons on any private or public property, between the hours of 9:00 p.m. and 7:00 a.m. the following day on Sunday through Thursday and between the hours of 10:00 p.m. and 7:00 a.m. the following day on Friday and Saturday is hereby prohibited.
(Ord. 2021-10, passed 5-13-2021)
§ 152.23 EXCEPTIONS.
   (A)   The following are exempt from the provisions of this subchapter:
      (1)   Any noise resulting from activities of a temporary duration permitted by law, and for which a license or permit therefor has been granted by the Town in accordance with the Mills River Town Code. Regulations of noises emitting from operations under permit shall be according to the conditions and limits stated on the permit.
      (2)   Unamplified sound at street fairs, parades, or other special events permitted by the Town.
      (3)   Amplified sound emanating from religious institutions.
   (B)   This chapter shall not regulate property being actively used as a bona fide farm which is any tract of land used for dairying, the raising of agricultural products, forest products, livestock or poultry, or any other use defined as AGRICULTURE in § 154.007 of the Town Code and including facilities for the sale of such products from the premises where produced.
(Ord. 2021-10, passed 5-13-2021)
§ 152.24 PERMITS FOR AMPLIFIED SOUND.
   (A)   Before a or group of persons may produce or cause to be produced amplified sound, as defined in § 152.03, a permit must be secured from the Town of Mills River.
   (B)   Any or group or persons desiring a permit shall apply as provided herein and shall provide the minimum requirements listed below:
      (1)    address;
      (2)   Business name;
      (3)   Property owner name and signature;
      (4)   Responsible party (general manager, site manager, or similar);
      (5)   Contact information for all parties.
   (C)   All applications shall be submitted to the Town of Mills River prior to producing amplified sound. Failure to comply with this requirement shall be grounds for denying the permit.
   (D)   Permit holders shall agree to cooperate with the Henderson County Sheriff’s Department and the Town of Mills River in enforcing the noise ordinance by having signers of the permit available at the site of the event during the entire time for which a permit has been issued and capable of assisting in enforcing the noise control ordinance. Failure of the permittee or designees to be present or to assist the Henderson County Sheriff’s Department and the Town of Mills River in compliance of this subchapter will result in revocation of said permit.
(Ord. 2021-10, passed 5-13-2021)
§ 152.25 NOISE COMPLAINTS.
   (A)   Any person having reasonable grounds for believing any provision of this subchapter is being violated may make a report thereof to the Henderson County Sheriff’s Department or the Town of Mills River, which shall investigate the alleged violation. If any such investigation reveals a violation, the investigating deputy or code enforcement officer has the authority to cause a written complaint to be made and may issue a citation for a civil penalty, and may obtain other enforcement measure as allowed in this chapter.
   (B)   It shall be unlawful for any person to file a false report or to provide false information to any enforcement official involving any investigation of any reported violation of this subchapter. Any person found violating this provision shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500.
   (C)   It shall be unlawful for any person to repeatedly file frivolous or unfounded complaints with law enforcement in order to intimidate or harass any member of such department or any animal owner, or to otherwise hinder or interfere with any function of the department of animal control. Any person found violating this provision shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500.
(Ord. 2021-10, passed 5-13-2021)
§ 152.26 WARNINGS AND VIOLATIONS.
   (A)   Any producer of prohibited noise as defined in this subchapter that has been determined to be non-cooperative pursuant to this subchapter shall be subject to enhanced civil penalties.
   (B)   Violations shall result in the following:
      (1)   Upon a first violation, enforcing authority shall issue a warning.
      (2)   A second violation shall result in a fine not more than $500.
      (3)   A third violation shall result in a fine not more than $1,000.
      (4)   Subsequent and continued violations will result in a penalty of $1,000 per day of noncompliance.
(Ord. 2021-10, passed 5-13-2021)
ADMINISTRATION
§ 152.91 ADMINISTRATION AND ENFORCEMENT.
   Where there is a violation of any provision of this chapter, the , in its discretion, require any appropriate action as described in this chapter.
   (A)    ordinances. Except where otherwise specified, this chapter is subject to all provisions of the Mills River Town . The Town Manager or his/her designee (Department) be responsible for administration and enforcement of this chapter.
   (B)   Declaration as a .
      (1)   It be the duty of the acting by and through its authorized delegate to determine whether or not a exists. The Department act by and through complaints only.
      (2)   For purposes of emergency response and notification to applicable authorities and posting for the public, the   determine that a structure, , or portion of a constitutes an immediate environmental health nuisance pursuant to Chapter 130A and the North Carolina General Statutes and North Carolina Administrative Code. In the event the Department makes this determination the nuisance will be referred to the Henderson County Department of Public Health for administration and .
   (C)   Modifications to or dismissal of the declaration.
      (1)   The   modify conditions of the declaration or dismiss the declaration of a .
      (2)   Such modifications or dismissal occur only after the has confirmed that the violation no longer exists or if there has been substantial and continuing improvement towards abating the nuisance.
      (3)   The will base its criteria for determining levels of nuisance on the best health and safety information available at the time of the declaration and cannot be held liable for future discoveries.
      (4)   For good cause shown, the or   request authorization from the for an extension of time to complete activities. An extension be granted if the extension does not increase the risk to public or safety and is deemed appropriate. Extensions not be granted unless the or shows substantial improvement toward abating the nuisance and be for a period of be no longer than 30 days. Additional extensions be at the discretion of the and only be considered if there has been substantial and continuing improvement towards abating the nuisance.
   (D)   Access to premises and records. The or  , upon the request of the and after proper identification, permit access to all parts of the site or structure where a nuisance has been declared as often as necessary, and at any reasonable time for the purposes of inspection, and , and exhibit and allow copying of any and all records necessary to ascertain compliance with this chapter. If the will not permit entry upon the , the   complete the requirements of an administrative search warrant in order to inspect the complaint.
   (E)   Interference. No   in any way interfere with or hinder the in the performance of duties, or refuse access to gather information necessary to ascertain compliance with this chapter.
(Ord. 2019-02, passed 10-12-2019; Am. Ord. 2021-10, passed 5-13-2021)
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